Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Amendment 16, 69382-69466 [E9-29854]
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69382
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0808071078–81093–01]
RIN 0648–AW72
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Amendment
16
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes regulations to
implement measures in Amendment 16
to the NE Multispecies Fishery
Management Plan (FMP). Amendment
16 was developed by the New England
Fishery Management Council (Council)
as part of the biennial adjustment
process in the FMP to update status
determination criteria for all regulated
NE multispecies or ocean pout stocks; to
adopt rebuilding programs for NE
multispecies stocks newly classified as
being overfished and subject to
overfishing; and to revise management
measures, including significant
revisions to the Sector management
measures, necessary to end overfishing,
rebuild overfished regulated NE
multispecies and ocean pout stocks, and
mitigate the adverse economic impacts
of increased effort controls. Amendment
16 would also implement new
requirements for establishing acceptable
biological catch (ABC), annual catch
limits (ACLs), and accountability
measures (AMs) for each stock managed
under the FMP, pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Finally, this
action would add Atlantic wolffish to
the list of species managed by the FMP.
This action is necessary to address the
results of the most recent stock
assessment that indicates that several
additional NE multispecies regulated
species are overfished and subject to
overfishing, and that stocks currently
classified as overfished require
additional reductions in fishing
mortality to rebuild by the end of their
rebuilding periods.
DATES: Comments must be received by
January 20, 2010. ADDRESSES: You may
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submit comments, identified by 0648–
AW72, by any of the following methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: (978) 281–9135.
• Mail: Paper, disk, or CD–ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. Mark the outside of the
envelope, ‘‘Comments on the Proposed
Rule for NE Multispecies Amendment
16.’’
Instructions: No comments will be
posted for public viewing until after the
comment period has closed. All
comments received are a part of the
public record and will generally be
posted to https://regulations.gov without
change. All Personal Identifying
Information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of Amendment 16, its
Regulatory Impact Review (RIR), and a
draft of the Final Environmental Impact
Statement (FEIS) are available from Paul
J. Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950. NMFS prepared an Initial
Regulatory Flexibility Act (IRFA)
analysis, which is summarized in the
Classification section of this proposed
rule. The EIS/RIR/IRFA is also
accessible via the Internet at https://
www.nefmc.org/nemulti/.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule
should be submitted to the Regional
Administrator at the address above and
to David Rostker, Office of Management
and Budget (OMB), by e-mail at
David_Rotsker@omb.eop.gov, or fax to
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, phone: 978–281–9141, fax:
978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
The FMP specifies management
measures for 15 species of NE
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multispecies in Federal waters off the
New England and Mid-Atlantic coasts,
including both large-mesh and smallmesh species. Small-mesh species
include silver hake (whiting), red hake,
offshore hake, and ocean pout, while
large-mesh species include Atlantic cod,
haddock, yellowtail flounder, pollock,
American plaice, witch flounder, white
hake, windowpane flounder, Atlantic
halibut, winter flounder, and redfish.
Large-mesh species are further divided
into 19 individual stocks, that, along
with ocean pout are collectively referred
to as groundfish. A major overhaul of
the FMP occurred in 2004 with
implementation of Amendment 13 and
the establishment of rebuilding
programs for all large-mesh stocks
managed by the FMP, including
specification of status determination
criteria for each stock.
Amendment 13, which became
effective May 1, 2004 (April 27, 2004; 69
FR 22906), established two different
strategies for rebuilding (an adaptive
strategy and a phased rebuilding
strategy), and a rebuilding plan for each
overfished stock was developed in
accordance with one of the two
strategies. Under the adaptive
rebuilding strategy, the fishing mortality
rate (F) was held at a level intended to
produce maximum sustainable yield
(FMSY) from 2004 through 2008, and
then subsequently reduced to the level
required to rebuild by the selected enddate of the relevant rebuilding period
for that stock. In contrast, under the
phased rebuilding strategy, F was
allowed to remain above FMSY at the
start of the rebuilding period in 2004,
and then was to be reduced sequentially
in 2006 and 2009. Eight stocks (Gulf of
Maine (GOM) cod, Georges Bank (GB)
haddock, GOM haddock, Southern New
England (SNE)/Mid-Atlantic (MA)
winter flounder, GB yellowtail flounder,
redfish, windowpane flounder (southern
stock), and ocean pout) are managed
under the adaptive rebuilding strategy,
while five stocks (GB cod, Cape Cod
(CC)/GOM yellowtail flounder, SNE/MA
yellowtail flounder, American plaice,
and white hake) are managed under the
phased rebuilding strategy.
Amendment 13 also established a
biennial adjustment process whereby
the Council would review the FMP and
make any changes to management
measures necessary to achieve the goals
and objectives of the FMP. This
adjustment process provides for an
update of the scientific information
regarding the status of the stocks, and an
evaluation of the effectiveness of the
regulations. The biennial review
scheduled to occur in 2008, with
necessary changes to the FMP to be
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
implemented in 2009, included a peerreviewed benchmark assessment and a
review of the biological reference points
(stock status determination criteria) for
each stock. This planned assessment of
the biological reference points
(Groundfish Assessment Review
Meeting, (GARM III)) was also part of
the adaptive rebuilding strategy
described above, which sought to
evaluate the more fundamental
scientific information mid-way through
the rebuilding period for most stocks.
GARM III, completed in August 2008,
included a series of meetings over the
course of 1 year. GARM III evaluated the
underlying data and models utilized for
assessment of the NE multispecies
regulated species and ocean pout stocks,
evaluated the biological reference
points, established new reference
points, assessed the biomass and fishing
mortality status of the NE multispecies
regulated species and ocean pout stocks
in 2007, and provided examples of the
Fs that would be expected to rebuild
overfished stocks.
GARM III concluded that 11 stocks
were still subject to overfishing (i.e., F
was above FMSY), and that 11 stocks
were overfished (i.e., biomass levels
were less than one half of the biomass
at MSY (BMSY)), with 9 stocks classified
as both overfished and subject to
overfishing. A final determination on
the status of pollock could not be made
until the fall 2008 survey data were
available, as the status of this species is
based on the 3-yr centered average of
the fall biomass indices. Such data were
available in January 2009, and indicated
that pollock is overfished. GARM III
also indicated that some stocks
improved in status from the previous
assessment (GARM II), with GOM
haddock and GB haddock classified as
rebuilt in 2000 and 2006, respectively,
and GOM cod expected to be rebuilt by
2009.
The Council began development of
Amendment 16 in 2006 with the intent
of implementing any necessary
revisions to management measures
based upon the results of GARM III by
the start of fishing year (FY) 2009 on
May 1, 2009. On November 6, 2006, a
notice of intent to prepare a
supplemental EIS and hold scoping
meetings designed to solicit public
input on any revisions to management
measures necessary to continue
rebuilding overfished NE multispecies
regulated species and ocean pout stocks
was published in the Federal Register
(November 6, 2006; 71 FR 64941). The
Council continued to develop
Amendment 16 for implementation in
FY 2009 until a presentation by the
NMFS Northeast Fisheries Science
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Center (NEFSC) regarding preliminary
estimates of 2006 stock size and F at the
June 2008 Council meeting indicated
that draft effort control measures under
development for Amendment 16 were
not targeting the correct stocks. Based
on this information, the Council
decided to wait until the receipt of the
final GARM III assessment results in
September 2008 to continue
development of Amendment 16. The
Council subsequently developed a
revised schedule for development for
Amendment 16, which postponed
implementation of Amendment 16 until
the start of FY 2010 on May 1, 2010. In
addition, the Council voted on
September 4, 2008, to request that
NMFS implement an interim action for
the duration of FY 2009 (May 1, 2009–
April 30, 2010), and recommended a
specific suite of management measures
for the interim action. A proposed rule
to implement interim management
measures published on January 16, 2009
(74 FR 2959), with final interim
measures published on April 13, 2009
(74 FR 17030) and effective on May 1,
2009.
Based upon the final results of GARM
III, the Council adopted draft
management measures and an
associated draft EIS (DEIS) at its
February 2009 meeting. A notice of
availability for the DEIS, which
analyzed the impacts of all of the
measures under consideration in
Amendment 16, was published on April
24, 2009 (74 FR 18705), with public
comments accepted through June 8,
2009. Final measures for Amendment 16
were adopted by the Council at its June
2009 meeting, with revisions to the
discard provisions adopted at its
September 2009 meeting. A notice of
availability for Amendment 16,
including the FEIS, as submitted by the
Council for review by the Secretary of
Commerce (Secretary), was published in
the Federal Register on October 23,
2009 (74 FR 54773). The comment
period on the Amendment 16 and its
associated FEIS ends on December 22,
2009. In addition to the implementing
measures proposed in this rule,
Amendment 16 contains changes to
status determination criteria and other
aspects of the management program,
such as an ABC control rule and
potential sector contributions, that are
not reflected in regulations, but that are
summarized below.
Proposed Measures
Amendment 16 proposes a large
number of changes to the management
regime for the NE multispecies fishery,
including revisions/additions to existing
regulations. This proposed rule also
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includes revisions to regulations that are
not specifically identified in
Amendment 16, but that are necessary
to effectively implement the provisions
in Amendment 16, or to correct errors
in, or clarify, existing provisions. A
description of the proposed
management measures follows.
1. Incorporation of Atlantic Wolffish
Into the FMP
Section 304(e) of the MagnusonStevens Act requires either the Council
or the Secretary to develop a fishery
management plan or proposed
regulations to end overfishing and
rebuild a stock within 2 years of notice
that the fishery is overfished. Atlantic
wolffish was recently determined to be
overfished by the Data Poor Working
Group, with notice provided to the
Council in February 2009. Because this
species is occasionally caught by both
the commercial and recreational NE
multispecies fisheries, Amendment 16
proposes to incorporate Atlantic
wolffish into the FMP. Accordingly, the
term ‘‘regulated species’’ would be
revised to include large-mesh species,
ocean pout, and Atlantic wolffish.
Status determination criteria, a
rebuilding plan, and management
measures to rebuild this stock are also
proposed in Amendment 16.
2. Status Determination Criteria
Amendment 16 proposes to update
the status determination criteria for
existing NE multispecies regulated
species and ocean pout stocks based
upon the best available scientific
information regarding stock status
resulting from GARM III. In addition,
because Amendment 16 would add
Atlantic wolffish to the FMP, biological
reference points would be established
for this species. Based upon the results
of GARM III, biological reference points
have been revised from those adopted in
Amendment 13. Stock status
determinations were updated relative to
the revised reference points. In
summary, the F at 40 percent of
maximum spawning potential (F40%
MSP) was used as a proxy for FMSY for
most of the age-based stocks. Spawning
stock biomasses at maximum
sustainable yield (SSBMSY) were
calculated using F40% MSP, with an
assumption on the recruitment that
should occur at SSBMSY. Changes to the
status determination criteria are more
fully discussed in Section 4.2 of
Amendment 16, and in Section 1 of the
GARM III report. Table 1 lists the
proposed revised status determination
criteria, and numerical estimates of
these parameters are listed in Table 2.
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
TABLE 1—DESCRIPTION OF THE PROPOSED REVISED STATUS DETERMINATION CRITERIA
Minimum biomass threshold
Species
Stock
Biomass target (Btarget)
Cod .......................................................
Cod .......................................................
Haddock ...............................................
Haddock ...............................................
Yellowtail flounder ................................
Yellowtail flounder ................................
Yellowtail flounder ................................
American plaice ....................................
Witch flounder ......................................
Winter flounder .....................................
Winter flounder .....................................
Winter flounder .....................................
Redfish .................................................
White hake ...........................................
Pollock ..................................................
Windowpane flounder ..........................
Windowpane flounder ..........................
Ocean pout ...........................................
Atlantic halibut ......................................
Atlantic wolffish ....................................
GB ...............
GOM ...........
GB ...............
GOM ...........
GB ...............
SNE/MA ......
CC/GOM .....
.....................
.....................
GB ...............
GOM ............
SNE .............
.....................
.....................
.....................
Northern ......
Southern ......
.....................
.....................
.....................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
SSBMSY:SSB/R (40% MSP) .................
External ................................................
External ................................................
External ................................................
External ................................................
Internal .................................................
SSBMSY: SSB/R(40% MSP) .................
⁄
⁄
⁄
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
1⁄2
12
12
12
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
Btarget
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
Maximum fishing mortality
threshold
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F40% MSP.
F50% MSP.
F40% MSP.
Relative F at
Relative F at
Relative F at
Relative F at
F0.1.
F40% MSP.
replacement.
replacement.
replacement.
replacement.
TABLE 2—NUMERICAL ESTIMATES FOR THE PROPOSED UPDATED STATUS DETERMINATION CRITERIA
Species
Stock
Biomass target
(Btarget) in mt
Minimum biomass
threshold
(1⁄2 Btarget) in mt
Maximum fishing
mortality threshold
(FMSY or proxy)
Cod ....................................................................
Cod ....................................................................
Haddock ............................................................
Haddock ............................................................
Yellowtail flounder .............................................
Yellowtail flounder .............................................
Yellowtail flounder .............................................
American plaice .................................................
Witch flounder ...................................................
Winter flounder ..................................................
Winter flounder ..................................................
Winter flounder ..................................................
Redfish ..............................................................
White hake ........................................................
Pollock * .............................................................
Windowpane flounder * .....................................
Windowpane flounder * .....................................
Ocean pout * ......................................................
Atlantic halibut ...................................................
Atlantic wolffish .................................................
GB ...............
GOM ...........
GB ...............
GOM ...........
GB ...............
SNE/MA ......
CC/GOM .....
.....................
.....................
GB ...............
GOM ............
SNE .............
.....................
.....................
.....................
Northern ......
Southern ......
.....................
.....................
.....................
148,084 ..................
58,248 ....................
153,329 ..................
5,900 ......................
43,200 ....................
27,400 ....................
7,790 ......................
21,940 ....................
11,447 ....................
16,000 ....................
3,792 ......................
38,761 ....................
271,000 ..................
56,254 ....................
2.00 kg/tow ............
1.4 kg/tow ..............
0.34 kg/tow ............
4.94 kg/tow ............
49,000 ....................
1747–2202 .............
74,042 ....................
29,124 ....................
76,664 ....................
2,950 ......................
21,600 ....................
13,700 ....................
3,895 ......................
10,970 ....................
5,724 ......................
8,000 ......................
1,896 ......................
19,380 ....................
135,500 ..................
28,127 ....................
1.00 kg/tow ............
0.7 kg/tow ..............
0.17 kg/tow ............
2.47 kg/tow ............
24,500 ....................
400–500 .................
0.25 ........................
0.24 ........................
0.35 ........................
0.43 ........................
0.25 ........................
0.25 ........................
0.24 ........................
0.19 ........................
0.20 ........................
0.26 ........................
0.28 ........................
0.25 ........................
0.04 ........................
0.13 ........................
5.65 c/i ...................
0.50 c/i ...................
1.47 c/i ...................
0.76 c/i ...................
0.07 ........................
<0.35 ......................
MSY
in mt
31,159
10,014
33,604
1,360
9,400
6,100
1,720
4,011
2,352
3,500
917
9,742
10,139
5,800
11,320
700
500
3,754
3,500
278–311
*Estimates of FMSY or proxy for these stocks use an index-based method to evaluate stock status and are based on a moving average, calculated as described in GARM III. Values presented in this table for these stocks represent catch (landings plus discards in 1,000’s mt) per survey index of relative biomass (kg/tow) for that stock.
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3. Rebuilding Programs
According to GARM III, two NE
multispecies stocks have achieved their
target biomass levels and are no longer
considered overfished; the GB haddock
stock was rebuilt in 2006, while GOM
haddock was rebuilt in 2000. However,
GARM III, and the subsequent data
available for pollock, also indicated that
several other NE multispecies stocks are
now overfished; these stocks are witch
flounder, GB winter flounder, northern
windowpane flounder, and pollock. As
a result, the Council is proposing new
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rebuilding programs for these stocks
under Amendment 16, assuming the
rebuilding programs will begin in FY
2010. For witch flounder and GB winter
flounder, the proposed rebuilding
programs would rebuild these stocks by
2017, with a 75-percent probability of
success. The rebuilding programs
proposed for pollock and northern
windowpane flounder would rebuild
these stocks by 2017, but because status
determination criteria for these stocks
are based upon survey indices, a
probability of success cannot be
calculated at this time.
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Analysis by the Data Poor Working
Group indicated that Atlantic wolffish is
overfished. However, because the life
history of this species is not well
understood, there is considerable
uncertainty in the evaluation of stock
status and stock projections. As a result,
it is not possible to determine a
rebuilding period or a rebuilding F for
this species at this time, although
measures to reduce F for this stock are
proposed under Amendment 16, as
outlined below.
Amendment 13 established a phased
rebuilding strategy for SNE/MA winter
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flounder that would evaluate the
rebuilding progress in 2008 and adjust
the rebuilding F in 2009 to achieve
rebuilding by 2014. Based upon GARM
III data, projections indicate that this
stock is unlikely to rebuild by 2014 in
the absence of any fishing mortality, but
would likely rebuild between FYs 2015
and 2016. Since this stock is caught as
non-targeted catch in other large-mesh
fisheries, small-mesh fisheries, and the
scallop dredge fishery, the only way to
achieve zero F would be to eliminate all
fishing activity in the SNE/MA winter
flounder stock area, including fisheries
for scallops, summer flounder, and
other non-groundfish species. This
would entail closing several important
fisheries from off Cape Cod, MA to the
Maryland coast. Hundreds of millions of
dollars in yield would be sacrificed for
a relatively small change, if any, in the
projected rebuilding period for this
stock. The Council considers this
unnecessary and impracticable, since,
even without any fishing mortality, this
stock could not be rebuilt within the
Amendment 13 timelines (i.e., by 2014)
and is projected to be rebuilt between
FYs 2015 and 2016. Instead,
Amendment 16 proposes to prohibit
possession and landings of SNE/MA
winter flounder, which would result in
achieving a F as close to zero as
practicable. In addition, Amendment 16
would require all non-Sector vessels
fishing within two restricted gear areas
to use selective gear to minimize the
catch of SNE/MA winter flounder and
other stocks. Although the benefits of
these restricted gear areas are uncertain
and have not been used to contribute to
the F reductions of the proposed action,
any decrease in F associated with these
requirements would only increase the
probability that rebuilding under the
proposed measures would occur
between FYs 2015 and 2016. With the
implementation of management
measures proposed under Amendment
16, including the proposed measures
that affect the catch of SNE/MA winter
flounder, this stock will no longer be
subject to overfishing. There is
considerable scientific uncertainty
associated with the assessment for this
stock, as recruitment observed between
2004 and 2008 was less than half of that
assumed when the rebuilding plan and
associated management measures were
developed under Amendment 13. This
suggests that differences between
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projected and observed recruitment
patterns and other factors will influence
when this stock is rebuilt. Projections of
stock status under a F of zero are similar
to those using a F of as close to zero as
practicable, as proposed under this
action, indicating that there is little
difference between when this stock is
expected to rebuild under either
scenario (see Section 7.2.1.1.3.1 of the
Amendment 16 FEIS). Therefore, to
impose a complete closure of
commercial and recreational fisheries in
the SNE/MA winter flounder stock area
and still not achieve the objectives of
rebuilding this stock by 2014 is contrary
to the objectives of the MagnusonStevens Act and would result in severe
economic impacts without biological
benefits. Further, section 304(e)(7) of the
Magnuson-Stevens Act recognizes that
an FMP may not always make adequate
progress to achieving rebuilding
objectives and allows time for revisions
to be made to make adequate progress
toward rebuilding overfished stocks.
This action is thus designed to eliminate
targeting of this stock and to reduce
discards in other trawl fisheries in order
to reduce F to the extent practicable,
without delaying the projected
rebuilding of this stock. As a result, the
rebuilding target listed in Table 3 for
this stock should be interpreted as ‘‘as
close to zero as practicable,’’ rather than
zero.
Previous stock assessments for
Atlantic halibut were insufficient to
calculate a rebuilding F. As a result,
although the stock was classified as
overfished, no target F was calculated.
GARM III included an analytic
assessment for this species that was able
to calculate a rebuilding F shown in
Table 3 and an end date for rebuilding
of 2055, based upon the biology of this
species.
The GARM III review of GOM winter
flounder indicated that it is highly
likely that the stock is overfished.
However, due to the high degree of
uncertainty of the assessment, the
GARM III review panel suggested that
the assessment could not be used to
provide management advice or stock
projections. As a result, a formal
rebuilding program has not been
developed for this stock under
Amendment 16, although rebuilding for
this stock is expected to result from
measures proposed under Amendment
16 to rebuild other stocks. This stock
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will continue to be monitored and,
should additional information lead to a
determination that the stock is
overfished, a formal rebuilding program
would be developed in a subsequent
action.
4. ABC Control Rule and Mortality
Reductions Necessary To Achieve
Rebuilding Targets
Management measures proposed in
this action are designed to reduce F to
the target F for each stock, as specified
in Table 3. Two factors contribute to
determining the target F under
Amendment 16: The ABC control rule
specified by the Council’s Scientific and
Statistical Committee (SSC), and the F
necessary to rebuild overfished stocks
within the rebuilding period (Frebuild).
The ABC control rule proposed by the
SSC was adopted by the Council at its
June 2009 meeting and would replace
the MSY control rule in Amendment 13.
The ABC control rule would specify that
the ABC for each stock should be
determined as the catch at 75 percent of
FMSY, and that, if the catch at 75 percent
of FMSY would not achieve the
mandated rebuilding requirements, ABC
should be based upon Frebuild. For stocks
that cannot be rebuilt within existing
rebuilding periods, the ABC should be
based upon incidental bycatch,
including a reduction in the existing
bycatch rate. Finally, for stocks with
unknown status, ABC would be
determined on a case-by-case basis by
the SSC.
Because GARM III assessed the status
of the stocks through 2007, to calculate
Frebuild it is necessary to estimate the F
resulting from measures in place for
2008 and 2009. Catch data for FY 2008
are available, along with estimates of F
resulting from measures implemented
by the 2009 interim action. Projections
were run to determine rebuilding F
targets using an estimate of 2008 F
based upon available catch data, as well
as the assumptions regarding expected F
resulting from interim measures in
2009. Table 3 lists the percentage
change in F necessary to achieve the
target F (either Frebuild or the catch at 75
percent of FMSY), as appropriate, from F
estimated for FY 2008. Mortality
reductions for several stocks are not
available because the assessments for
these stocks did not produce reliable
estimates of F that could be used in
projection models to estimate Frebuild.
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TABLE 3—SUMMARY OF REDUCTIONS IN F NECESSARY TO ACHIEVE THE TARGET F IN 2010 FOR EACH STOCK
Species
Stock
Cod ............................................................
Cod ............................................................
Haddock .....................................................
Haddock .....................................................
Yellowtail flounder ......................................
Yellowtail flounder ......................................
Yellowtail flounder ......................................
American plaice .........................................
Witch flounder ............................................
Winter flounder ..........................................
Winter flounder ..........................................
Winter flounder ..........................................
Redfish .......................................................
White hake .................................................
Pollock .......................................................
Windowpane flounder ................................
Windowpane flounder ................................
Ocean Pout ................................................
Atlantic halibut ...........................................
Atlantic wolffish ..........................................
GB ...........................
GOM ........................
GB ...........................
GOM ........................
GB ...........................
SNE/MA ...................
CC/GOM ..................
GB/GOM ..................
..................................
GB ...........................
GOM ........................
SNE/MA ...................
..................................
GB/GOM ..................
GB/GOM ..................
Northern ...................
Southern ..................
..................................
..................................
..................................
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5. ABC/ACL Specifications and
Distribution Process
The recent reauthorization of the
Magnuson-Stevens Act required fishery
management councils to establish a
mechanism for specifying ACLs for each
managed fishery such that overfishing
does not occur in the fishery, and
measures to ensure accountability.
NMFS revised the National Standard 1
Guidelines to assist Councils in
complying with the new requirements
(January 16, 2009; 74 FR 3178), which
were used by the Council in developing
both the ABC/ACL process and the
associated AMs in Amendment 16.
ABC/ACL Specifications Process
According to the Magnuson-Stevens
Act, ACLs developed by a Council for a
particular fishery may not exceed the
fishing level recommendations of the
Council’s SSC or other peer-review
process. The Magnuson-Stevens Act
requires that ACLs must take effect in
FY 2010 for fisheries subject to
overfishing, and in FY 2011 for all other
fisheries. Because several stocks
managed under the FMP are subject to
overfishing, Amendment 16 proposes a
process to specify ABCs and ACLs for
the NE multispecies fishery for
implementation in FY 2010.
Under Amendment 16, ABCs/ACLs
would be developed as part of the
biennial adjustment process established
in the FMP (a complete description of
the ABC/ACL specification process is in
Section 4.2.1 of the Amendment 16
FEIS). The Groundfish Plan
Development Team would develop
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2007 F
0.300
0.456
0.230
0.350
0.289
0.413
0.414
0.090
0.290
0.280
0.417
0.649
0.005
0.150
10.464
1.960
1.850
0.380
0.065
N/A
Targeted F
(either Frebuild
or 75 of
FMSY)
0.184
0.18
0.26
0.32
0.109
0.072
0.18
0.14
0.15
0.20
N/A
0.000
0.03
0.084
4.245
N/A
N/A
N/A
0.044
N/A
recommendations for setting an ABC,
ACL, and overfishing level (OFL) for
each stock for each of the next 3 years
following the implementation of the
biennial adjustment, or yearly for stocks
managed by the U.S./Canada Resource
Sharing Understanding (Understanding)
(currently, GB yellowtail flounder,
Eastern GB cod, and Eastern GB
haddock) through a specifications
package. These recommendations would
be based upon the ABC control rule, as
described above; updated information
regarding the status of each stock,
including Frebuild for overfished stocks;
recommendations of the Transboundary
Management Guidance Committee
(TMGC) for appropriate catch levels for
stocks managed by the Understanding;
and any other guidance provided by the
SSC. The ABCs developed through the
process would be distributed among the
various segments of the fishery that
catch NE multispecies. These sub-ABCs
would then be reduced to account for
management uncertainty to derive how
the overall ACL for each stock is
divided into various sub-components of
the fishery, as described further below.
The PDT would develop an informal
document that describes how these
recommendations were developed,
including estimates of scientific and
management uncertainty considered by
the PDT, whether different levels of
management uncertainty were applied
to different components of the fishery,
and whether total allowable catches
(TACs) have been exceeded during
previous fishing years. The SSC would
then approve the PDT’s ABC
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Fmsy
0.2466
0.237
0.350
0.430
0.254
0.254
0.239
0.190
0.200
0.260
0.283
0.248
0.038
0.125
5.66
0.50
1.47
0.760
0.073
N/A
2008 F from
2008 Catch
Data
Change in F necessary to
achieve Frebuild
using catch and
F 2008
0.410
0.300
0.079
0.250
0.130
0.120
0.289
0.099
0.296
0.131
0.317
0.265
0.008
0.065
15.516
N/A
N/A
N/A
0.060
N/A
¥55
¥40
229
28
¥16
¥40
¥38
41
¥49
49
N/A
¥100
275
29
¥73
N/A
N/A
N/A
¥27
N/A
recommendations or provide alternative
ABC recommendations, describing
elements of scientific uncertainty used
to develop its recommendations, and
offer any other recommendations
regarding ACLs or other relevant issues.
The Council would then consider the
recommendations of the SSC, PDT, and
TMGC and adopt ABCs and ACLs for
each stock. As required by the
Magnuson-Stevens Act, the Council
must adopt ACLs that are equal to or
lower than the ABC recommended by
the SSC, taking into account
management uncertainty. The Council
would adopt the ABC/ACL
specifications and submit them to
NMFS by December 1, for approval and
implementation in a manner consistent
with the Administrative Procedure Act.
The numeric ABCs and ACLs
developed pursuant to this process are
not codified in this proposed rule and
will be specified in a separate future
rulemaking. The Council is currently
developing an ABC/ACL specifications
package to be implemented
concurrently with the provisions
contained in this proposed rule for
Amendment 16 management measures
at the start of FY 2010 on May 1, 2010.
The measures proposed in Amendment
16 are intended to achieve, but not
exceed, the ABCs and ACLs established
for FYs 2010–2012. The ABCs and ACLs
for 2013 and beyond would be specified
according to the process described
above, unless otherwise modified
through a future Council action.
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ACL Distribution
As noted above, the PDT would
recommend distributing the ABC among
the various segments of the fishery that
catch NE multispecies regulated species
and ocean pout, and reducing such subABCs to account for management
uncertainty for each individual subcomponent of the fishery that catch
such stocks based upon the catch
available to U.S. fishermen, as further
described below and as described in
detail in Section 4.2.1.3 of the
Amendment 16 FEIS. These subcomponents of the fishery include
vessels operating in state waters that
catch regulated species and ocean pout,
but do not hold Federal NE multispecies
permits; other non-specified subcomponents of the fishery that may
catch regulated species and ocean pout
as bycatch when prosecuting other
fisheries (i.e., exempted fisheries and
fisheries for exempted species); vessels
participating in the Atlantic sea scallop
fishery that catch yellowtail flounder
stocks as bycatch; vessels participating
in the Atlantic herring fishery that catch
haddock as bycatch; and catch of
regulated species and ocean pout by the
commercial and recreational NE
multispecies fisheries. Some subcomponents of the fishery would not be
subject to any automatic AMs under
Amendment 16 and would, thus, be
allocated sub-components of the ACL.
The sub-components of the fishery that
are subject to AMs would be allocated
sub-ACLs for each stock of regulated
species and ocean pout that they catch.
These distributions, and the stocks that
are allocated to the recreational fishery,
could be revised through the framework
adjustment process established in the
existing regulations.
Catch by vessels operating in state
waters that do not hold Federal NE
multispecies permits is outside of the
jurisdiction of the FMP, but is included
in the overall ABC for NE multispecies
regulated species and ocean pout stocks.
As a result, such catch must be
accounted for, but would not be
monitored outside of the biennial
adjustment process for assessment
purposes. The estimates of such catch
would be adjusted pursuant to the
biennial adjustment process specified
above. For GOM cod and GOM haddock,
this state-waters catch would be
deducted from the sub-ACL available to
the commercial fishery (i.e., vessels
issued a limited access NE multispecies
permit or open access NE multispecies
Handgear B permit). The sub-ACL
available to recreational vessels would
include catch of GOM cod and GOM
haddock in both state waters and
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Federal waters, and any associated
recreational AMs would be triggered by
the cumulative catch of such stocks by
all recreational vessels.
The sub-components of the fishery
that are not subject to AMs include
vessels fishing in exempted fisheries
that occur in Federal waters (e.g., the
northern shrimp exempted fishery and
the Cultivator Shoal whiting fishery
exemption) and vessels targeting
exempted species (e.g., the summer
flounder fishery in SNE)—fisheries that
are not allowed to land NE multispecies
regulated species or ocean pout and that
have demonstrated very low NE
multispecies bycatch—as well as the
Atlantic sea scallop fishery, which
catches yellowtail flounder as bycatch.
If catch from such fisheries exceeds the
amount allocated, AMs would be
developed and implemented in a
separate future management action to
prevent the overall ACL for each stock
from being exceeded, pursuant to the
biennial review or framework
adjustment process established in the
existing regulations.
The ACLs for all three stocks of
yellowtail flounder would be reduced to
account for projected yellowtail
flounder bycatch in the Atlantic sea
scallop fishery. The level of yellowtail
flounder bycatch in the scallop fishery
would vary from year-to-year, based
upon scallop and NE multispecies
abundance, the rotational management
program specified for the scallop
fishery, and other factors. At a
minimum, the yellowtail flounder subcomponent of the ACL allocated to the
scallop fishery would be consistent with
the incidental catch amounts specified
for closed area access programs
specified in the current regulations (e.g.,
at least 10 percent of the GB yellowtail
flounder ACL would be specified to
account for closed area access programs
on GB, when open under the rotational
management program). Similar to the
other non-specified sub-components of
the ACL described above, with the
exception of GB yellowtail flounder,
yellowtail flounder bycatch in the
scallop fishery would initially be treated
as a sub-component of the ACL, rather
than a sub-ACL, and, therefore, would
not be subject to any specific AMs
under Amendment 16. The existing
regulations regarding the Understanding
require that any overages of the TACs
managed by the Understanding would
be deducted from the available U.S.
portion of the appropriate TAC during
the following year. Therefore, any
overages of the U.S. portion of the GB
yellowtail flounder TAC, including
those by the scallop fishery, would be
deducted from the U.S. portion of the
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69387
GB yellowtail flounder TAC during the
following year. The Council is currently
developing Amendment 15 to the
Atlantic Sea Scallop FMP, which is
expected to develop AMs for the catch
of yellowtail flounder in the scallop
fishery. If such measures are
implemented, the yellowtail flounder
bycatch in the scallop fishery would
then become classified as a sub-ACL
controlled by an appropriate AM.
In 2006, Framework Adjustment 43 to
the FMP (August 15, 2006; 71 FR 46871)
specified that 0.2 percent of the GOM
and GB haddock target TACs would be
allocated to the Atlantic herring fishery
to accommodate haddock bycatch.
Amendment 16 would maintain this
allocation, but update it to reflect that
0.2 percent of the GOM and GB haddock
ACL would be allocated to the Atlantic
herring fishery. This allocation would
be considered a sub-ACL. The existing
regulations already contain AMs in the
form of elimination of the directed
herring fishery in particular areas, and
haddock possession restrictions once
this sub-ACL is projected to be caught.
Because the existing regulations
combine catches from both stocks of
haddock, this haddock sub-ACL
allocated to the herring fishery is not
currently monitored on a stock-specific
basis.
Finally, the ACL for each NE
multispecies regulated species and
ocean pout stock would be allocated to
the NE multispecies commercial and
recreational fisheries. With the
exception of GOM cod and GOM
haddock, as noted below, the ACL for
each NE multispecies regulated species
and ocean pout stock would be
allocated to the commercial NE
multispecies fishery. This would be
further divided between vessels
participating in approved Sectors and
those fishing under the provisions for
the common pool (i.e., those vessels not
participating in an approved Sector), as
described further in Item 14 of this
preamble. An allocation for a particular
stock would not be made to the
recreational fishery if it is determined
that, based upon available information,
the ACLs for NE multispecies regulated
species and ocean pout stocks are not
being fully harvested by the NE
multispecies fishery, or if the
recreational harvest, after accounting for
state-waters catch as described above, is
less than 5 percent of the overall catch
for a particular stock. If a stock is
allocated to the recreational fishery, the
distribution of the available ACLs for
these stocks between the commercial
and recreational fisheries would be
determined based upon the average
proportional catch of each component
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for each stock during FYs 2001 through
2006. Based upon these criteria, only
two NE multispecies stocks would be
allocated to the recreational fishery at
this time: GOM cod and GOM haddock.
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6. AMs
As described in Item 5 of this
preamble, Councils must establish
measures that prevent overfishing and
ensure accountability in each fishery.
AMs are management controls that are
intended to prevent ACLs from being
exceeded, or to correct/mitigate
overages if they occur. Amendment 16
would implement AMs for both the
commercial and recreational fisheries,
as described below, including separate
AMs for Sector vessels, vessels fishing
in the common pool, and private
recreational and charter/party vessels.
Under Amendment 16, if the overall
ACL for a stock is exceeded, the AMs
applicable to the NE multispecies
fishery, including those specified for
Sector, common pool, and recreational
and charter/party vessels, would be
triggered, as specified below.
Sector AMs
Since Sectors were first implemented
in 2004 under Amendment 13, Sectors
have provided an alternative to DAS
and trip limits for managing the catch of
particular stocks. Similarly,
Amendment 16 would specify
alternative AMs for common pool
vessels and those participating in
Sectors. Amendment 16 would prohibit
Sector vessels from fishing in a
particular stock area unless that Sector
is allocated or acquires quota for all NE
multispecies regulated species or ocean
pout stocks allocated to Sectors and
caught in that stock area. In addition,
Amendment 16 would require that
Sector vessels cease fishing in a
particular stock area if the Sector
exceeds its allocation of any NE
multispecies regulated species or ocean
pout stocks caught in a particular stock
area. While Sectors could balance such
overages through acquiring allocation
from another Sector, any overages at the
end of the FY would be deducted from
that Sector’s allocation during the
subsequent FY. As described below for
the AMs effective if the overall ACL for
a particular stock is exceeded, the catch
used to determine an individual Sector’s
overage would include catch by each
Sector’s vessels, as well as catch by
other sub-components of the fishery. If
either the catch of a particular stock by
a Sector’s vessels alone, or the catch of
a particular stock by a Sector’s vessels
added to a Sector’s portion of the overall
ACL overage caught by other subcomponents of the fishery exceeds the
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amount of that stock’s ACL allocated to
an individual Sector, the amount of the
overage would be deducted from that
Sector’s allocation for that stock during
the following FY. If a Sector disbands
following an overage, or does not have
sufficient allocation to cover the
overage, an appropriate DAS or Sector
share penalty or fishing prohibition
would apply to each individual
participating vessel during the
subsequent FY, as further described in
Item 14 of this preamble. If a Sector
exceeds its allocations multiple times or
by a large amount, the Sector operations
plan or monitoring program may be
insufficient to control fishing effort and
could justify disapproval of the Sector
in future years. These measures are
intended to ensure that Sectors avoid
exceeding their allocations. If Sector
allocations are exceeded, appropriate
measures would be taken to either
balance the overage or address it
through penalties in the following FY.
Common Pool AMs
Common pool vessels would be
subject to two types of AMs: A
differential DAS counting AM during
FYs 2010 and 2011, and a hard-TAC AM
overlaid upon the DAS effort controls in
FY 2012 and beyond. This transition
from a DAS AM to a hard-TAC AM
reflects the Council’s intent to transition
from an effort control fishery to one
managed through hard TACs. This
transition also would enable monitoring
systems and service providers to
prepare for the increase in infrastructure
and personnel necessary to
accommodate the influx of higher
volumes of catch data and the need to
monitor greater numbers of offloads, as
further described below.
Under the proposed differential DAS
counting AM, if the NMFS Regional
Administrator projects that the sub-ACL
available to common pool vessels for
each NE multispecies regulated species
or ocean pout stock would be exceeded
or underharvested by the end of the FY,
based upon catch data available through
January of that year, a differential DAS
counting factor would be applied to
each Category A DAS used in the stock
area for which the sub-ACL was
exceeded or underharvested, during the
following FY. The catch used in this
projection would include catch by
common pool vessels as well as a
projection of the catch by other subcomponents of the fishery. If either the
catch of a particular stock by common
pool vessels alone, or the catch of a
particular stock by common pool vessels
plus the common pool’s portion of any
catch from other sub-components of the
fishery that cumulatively exceed the
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overall ACL is projected to exceed the
common pool’s allocation for a
particular stock, the differential DAS
counting AM would be triggered for the
following FY. This projection would be
updated after the end of the FY to help
determine if the catch by other subcomponents of the fishery are accurately
estimated for the purposes of
determining whether the differential
DAS counting AM is triggered. The
areas in which differential DAS
counting would apply are defined
further in this proposed rule. Of
particular note is the differential DAS
counting area applicable to Atlantic
wolffish. The Council added Atlantic
wolffish to the FMP, but neither
specifically exempted Atlantic wolffish
from the differential DAS counting AM,
nor specified the differential DAS
counting areas applicable to this species
when it adopted Amendment 16. An
assessment of recent catches by Council
staff during the development of the
Amendment 16 FEIS indicated that this
species is primarily landed from inshore
waters of both the GOM and GB.
Therefore, this proposed rule would
impose differential DAS counting in the
Inshore GOM and Inshore GB
Differential DAS Counting Areas if the
Atlantic wolffish ACL is projected to be
caught.
The Amendment 16 DEIS indicates
that the exact areas associated with this
AM may be modified in the FEIS ‘‘to be
consistent with the overall effort control
program so that a complex mosaic of
DAS counting areas is avoided as much
as possible.’’ The differential DAS
counting areas initially proposed in the
DEIS have, therefore, been revised based
upon consultation with the Groundfish
PDT and the Chairman of the
Groundfish Oversight Committee.
Consistent with the intent of
Amendment 16, these areas have been
modified to better reflect the broad stock
reporting areas described in further
detail in Item 8 of this preamble, and
the existing boundaries of the U.S./
Canada Management Area. Specifically,
an Inshore GB Differential DAS
Counting Area was created to reflect the
Inshore GB Broad Stock Area (i.e.,
statistical area 521) and the numerous
stocks that are found within this area;
the Inshore GOM Differential DAS
Counting Area boundaries were moved
north to intersect with the coastline of
Maine, and west to create the Inshore
GB Differential DAS Counting Area; the
Offshore GOM Differential DAS
Counting Area boundary was moved
north to completely cover the coastline
of Maine, and the southern boundary
was moved north to create the Inshore
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GB Differential DAS Counting Area; the
Offshore GB Differential DAS Counting
Area boundary was moved north and
west to better match the boundaries of
the U.S./Canada Management Area; and
the SNE differential DAS counting area
boundary was moved west to have the
area entirely outside of the U.S./Canada
Management Area. NMFS is particularly
interested in soliciting public comments
on the creation of an Inshore GB
Differential DAS Area. As originally
proposed in the Amendment 16 DEIS,
the waters east of Cape Cod, including
the shipping lanes known as ‘‘the
Channel,’’ were divided between the
Inshore and Offshore GOM Differential
DAS Counting Areas. Because this area
overlaps with the GOM, GB, and SNE
stock areas for certain species, and
includes both deep and shallow water,
none of the originally proposed
differential DAS counting areas would
be completely adequate to cover the full
ranges of some species. Thus, this
proposed rule would treat this area
separately. Accordingly, if a stock is
caught inside/outside of the Inshore GB
Differential DAS Counting Area,
multiple areas would be subject to
differential DAS counting. For example,
CC/GOM yellowtail flounder is caught
in both the Inshore GOM and the
Inshore GB Differential DAS Counting
Areas. If catch by common pool vessels
exceeds the CC/GOM yellowtail
flounder sub-ACL for this fishery, both
areas would be subject to differential
DAS counting during the following FY.
The differential DAS counting factor
that would apply would be based upon
the projected proportion of the sub-ACL
that is expected to be caught by
common pool vessels plus the common
pool’s portion of any overage of the
overall ACL for any stock caused by
excessive catch by other subcomponents of the fishery, if
appropriate, rounded to the nearest even
tenth, as listed in Table 4. If it is
projected that catch in a particular FY
will exceed or underharvest the subACLs for several NE multispecies
regulated species or ocean pout stocks
within a particular stock area, the
Regional Administrator would apply the
most restrictive differential DAS
counting factor within that particular
stock area. For example, if it were
projected that common pool vessels will
be responsible for catch that is 1.2 times
the GOM cod sub-ACL and 1.1 times the
CC/GOM yellowtail flounder sub-ACL,
the Regional Administrator would apply
a differential DAS counting factor of 1.2
to any Category A DAS fished by
common pool vessels only within the
Inshore GOM Stock Area during the
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15:07 Dec 30, 2009
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following FY (i.e., Category A DAS
would be charged at a rate of 28.8 hr for
every 24 hr fished, or 1.2 times 24-hr
DAS counting). If it is projected that
common pool vessels will underharvest
all stocks within a particular stock area
by at least 10 percent and that the
overall ACL for a particular stock is not
exceeded by all sub-components of the
fishery, the Regional Administrator
would reduce the rate at which DAS are
counted to allow the fishery to achieve
the ACLs for all stocks within that area.
For example, if the common pool
catches 0.65 times the CC/GOM
yellowtail flounder sub-ACL and 0.80
times the sub-ACL for all other stocks
within the Inshore GOM Differential
DAS Counting Area, the Regional
Administrator would apply a
differential DAS factor of 0.80 to all
Category A DAS used only in the
Inshore GOM Differential DAS Counting
Area during the following FY (i.e.,
Category A DAS would be charged at a
rate of 19.2 hr for every 24 hr fished, or
0.80 times 24-hr DAS counting). If the
Regional Administrator determines that
similar DAS adjustments are necessary
in all stock areas (either to reduce or to
increase effort), the Regional
Administrator would adjust the ratio of
Category A: Category B DAS to reduce/
increase the number of Category A DAS
available, based upon the amount of the
overage or underage, rather than
applying a differential DAS counting
factor to all Category A DAS used in all
stock areas.
Any differential DAS counting factor
implemented in FY 2012 for any ACL
overages in a particular stock area
during FY 2011 would be applied
against the DAS counting rate
implemented in that stock area for FY
2011. While unlikely, it is possible that,
even if the differential DAS counting
AM is triggered in a particular stock
area due to excessive catch of one or
more ACLs in that stock area in FY
2010, the catch of stocks within that
stock area could exceed ACLs during FY
2011, as well. If this were to happen, it
would suggest that the differential DAS
counting rate that was implemented as
a result of excessive catch in FY 2010
was insufficient to prevent the ACLs
specified for FY 2011 from being
exceeded. Therefore, while Amendment
16 does not specifically address this
possibility, it stands to reason that any
differential DAS counting factor applied
to DAS fished in a particular stock area
during FY 2012 to account for the
excessive catch in FY 2011 should be
applied to the DAS rate charged during
FY 2011, even if a differential DAS
counting rate was implemented in that
PO 00000
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Sfmt 4702
69389
stock area during FY 2011. For example,
if a projection by the Regional
Administrator concluded that 1.2 times
the GOM cod ACL was caught during
FY 2010, a differential DAS factor of 1.2
would be applied to any Category A
DAS used in the Inshore GOM Stock
Area during FY 2011 (i.e., Category A
DAS would be charged at a rate of 28.8
hr for every 24 hr fished, or 1.2 times
24-hr DAS counting). However, if even
this higher DAS counting rate were
insufficient to prevent the GOM cod
ACL from being exceeded again in FY
2011 and 1.5 times the GOM cod ACL
was caught during FY 2011, a
differential DAS factor of 1.5 would be
applied to the DAS charging rate during
FY 2011 (i.e., Category A DAS would be
charged at a rate of 43.2 hr for every 24
hr fished (1.2 × 1.5 × 24-hr DAS
charge)). This would more accurately
reflect the likely reduction in effort
needed to prevent the ACL from being
exceeded, and increase the likelihood
that catch during FY 2012 would not
exceed the ACL in that stock area and
result in the trimester TAC area closures
being triggered.
This differential DAS counting AM
would not be triggered if the Regional
Administrator conducts an analysis of
the mixed-stock exception in 50 CFR
600.310(m) and determines that the
mixed-stock exception is applicable.
Pursuant to a court order in the case of
Commonwealth of Massachusetts and
State of New Hampshire v. Carlos M.
Gutierrez (Case No. 06–cv–12110 (EFH)
in the U.S. District Court, District of
Massachusetts), NMFS conducted an
analysis of the mixed-stock exception,
under old and new guidelines on this
subject, to determine if either provision
was applicable to the development of
Framework Adjustment 42 to the FMP.
Based upon this analysis, NMFS
concluded that the mixed-stock
exception, under the old and new
guidelines, was not a viable alternative
for the Council or NMFS to consider or
implement for overfished stocks
addressed by Framework Adjustment 42
or for any future conservation or
management measures related to
overfished stocks. This analysis
concluded that: (1) This provision
creates an exception from the
requirement to end overfishing, but does
not eliminate the need to rebuild
overfished stocks within rebuilding
timeframes established consistent with
the Magnuson-Stevens Act; (2) cannot
be applied to overfished stocks pursuant
to the National Standard 1 Guidelines;
and (3) cannot be used to jeopardize the
rebuilding programs of overfished
stocks. Currently, at least 12 NE
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
adjusted through the biennial
adjustment process to reflect the landing
patterns of the most recent 5-yr period
available at the time of each adjustment.
If a trimester TAC is exceeded/
underharvested, the overage/underage
would be applied to the following
trimester, with the exception that any
underage could not be applied to the
following FY’s trimester TACs. With the
exception of windowpane flounder,
ocean pout, and Atlantic halibut, if the
Regional Administrator projects that 90
percent of the trimester TAC for a NE
multispecies regulated species or ocean
pout stock will be caught, the Regional
Administrator would close the area
where the stock is predominantly
TABLE 4—DIFFERENTIAL DAS FACTOR caught to all NE multispecies common
APPLIED AS AN ACCOUNTABILITY pool vessels using gear capable of
catching that species, as listed in Table
MEASURE DURING FYS 2010/2011
6, for the remainder of that trimester.
Differential DAS The areas proposed to be closed to
Proportion of ACL caught
factor
particular gears are further described in
this proposed rule, and are based upon
0.5 ...................................... 0.5
the area that accounted for 90 percent of
0.6 ...................................... 0.6
the catch of each stock according to
0.7 ...................................... 0.7
available vessel trip report (VTR) data
0.8 ...................................... 0.8
for calendar years 2006 through 2008.
0.9 ...................................... No change.
These areas differ slightly from those
1.0 ...................................... No change.
1.1 ...................................... 1.1
originally described in the Amendment
1.2 ...................................... 1.2
16 DEIS, as discussed further in Section
1.3 ...................................... 1.3
4.3.7.1.2 of the Amendment 16 FEIS.
1.4 ...................................... 1.4
The Regional Administrator would be
1.5 ...................................... 1.5
allowed to expand or narrow the closure
1.6 ...................................... 1.6
areas based upon additional catch
1.7 ...................................... 1.7
information, to reflect where each stock
1.8 ...................................... 1.8
is actually caught. If the entire common
1.9 ...................................... 1.9
2.0 ...................................... 2.0
pool sub-ACL for a particular stock is
exceeded (i.e., the common pool catch
Starting in FY 2012, common pool
of that stock at the end of the FY
vessels would be subject to a hard-TAC
exceeds all three trimester TACs for that
AM. Under this AM, the sub-ACL
stock combined, including the common
available to common pool vessels for
pool’s share of any overage of the
each NE multispecies regulated species
overall ACL for a particular stock
or ocean pout stock would be
caused by excessive catch of that stock
apportioned into trimesters of 4 months by vessels fishing in state waters outside
duration, beginning at the start of the FY of the FMP, exempted fisheries, or the
(i.e., Trimester 1: May 1—August 31;
scallop fishery), an amount equal to the
Trimester 2: September 1—December
overage would be deducted from the
31; Trimester 3: January 1—April 30), as sub-ACL for that stock that is allocated
listed in Table 5. The distribution of
to common pool vessels during the
these sub-ACLs into trimesters was
following year. Because a targeted
based upon a preferred distribution of
fishery for windowpane flounder, ocean
recent landing patterns, but would be
pout, and Atlantic halibut would be
multispecies regulated species or ocean
pout stocks are overfished and 12 are
subject to overfishing, with overfished
stocks found in each of the differential
DAS counting areas proposed under this
AM. Because this AM is intended to
prevent overfishing, applying the
mixed-stock exception to avoid
implementing differential DAS counting
in any stock area due to an overage of
the sub-ACL allocated to the common
pool would likely lead to overfishing of
already overfished stocks. Accordingly,
NMFS has determined that the mixedstock exception is neither applicable,
nor justified under the proposed
measures for this AM.
eliminated by the restrictive trip limits
proposed by this action (i.e., a
prohibition on the retention of these
stocks, or, in the case of halibut, a onefish-per-trip restriction), the catch of
these stocks would be monitored for the
purposes of deducting overages, but
would not trigger an area closure.
Although Amendment 16 would not
close particular areas when these
trimester TACs for these stocks are
harvested, it does include a trip limit
adjustment for these stocks. Once 60
percent of the trimester TAC for any of
these stocks is projected to be caught,
the Regional Administrator would have
the authority to specify a trip limit to
prevent the trimester TAC or sub-ACL
allocated to the common pool vessels
from being exceeded. Because retention
of these stocks is either prohibited or
restricted to one fish per trip, such
adjustments would not affect catch of
these stocks until possession is once
again allowed when the stocks rebuild.
Although the Council proposes to add
Atlantic wolffish to the FMP under
Amendment 16, and would prohibit the
possession of this species, the Council
did not specifically exempt this species
from the trimester TAC AM.
Accordingly, this action proposes to
include an Atlantic wolffish trimester
TAC distribution and area closure for
trawl and gillnet gear based upon
available catch data, as summarized in
Tables 5 and 6. Because Amendment 16
did not specifically address how to
handle Atlantic wolffish, NMFS is
specifically seeking public comment on
the proposed Atlantic wolffish trimester
TAC and closure area. Finally, the white
hake trip limit would be reduced to 500
lb (227 kg) per DAS, up to 2,000 lb
(907.2 kg) per trip. This is based upon
a concern that the ACL for white hake
would be small, even when the stock is
rebuilt. Therefore, by reducing the white
hake trip limit, the likelihood that the
trimester TAC would be exceeded
would be reduced, thereby minimizing
the chance that a stock area would be
closed due to excessive landings of
white hake.
TABLE 5—PORTION OF COMMON POOL ACLS APPORTIONED TO EACH TRIMESTER UNDER THE COMMON POOL TRIMESTER
TAC AM
Trimester 1
(percent)
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Stock
GOM Cod .....................................................................................................................................
GB Cod ........................................................................................................................................
GOM Haddock .............................................................................................................................
GB Haddock ................................................................................................................................
CC/GOM Yellowtail flounder ........................................................................................................
GB Yellowtail flounder .................................................................................................................
SNE/MA Yellowtail flounder .........................................................................................................
GOM Winter flounder ...................................................................................................................
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E:\FR\FM\31DEP2.SGM
27
25
27
27
35
19
21
37
31DEP2
Trimester 2
(percent)
36
37
26
33
35
30
37
38
Trimester 3
(percent)
37
38
47
40
30
52
42
25
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
TABLE 5—PORTION OF COMMON POOL ACLS APPORTIONED TO EACH TRIMESTER UNDER THE COMMON POOL TRIMESTER
TAC AM—Continued
Trimester 1
(percent)
Stock
GB Winter flounder ......................................................................................................................
SNE/MA Winter flounder .............................................................................................................
Witch flounder ..............................................................................................................................
American plaice ...........................................................................................................................
Pollock .........................................................................................................................................
Redfish .........................................................................................................................................
White hake ...................................................................................................................................
Northern Windowpane flounder ...................................................................................................
Southern Windowpane flounder ..................................................................................................
Ocean pout ..................................................................................................................................
Atlantic halibut .............................................................................................................................
Atlantic wolffish ............................................................................................................................
Trimester 2
(percent)
8
36
27
24
28
25
38
33
33
33
33
75
Trimester 3
(percent)
24
50
31
36
35
31
31
33
33
33
33
13
69
14
42
40
37
44
31
34
34
34
34
12
TABLE 6—GEAR/AREA PROHIBITIONS UNDER THE COMMON POOL TRIMESTER TAC AM
Area/gear prohibited when TAC is caught
Species
Stock
Statistical areas
Cod ...........................................
Redfish .....................................
White hake ...............................
GB ..................................
GOM ...............................
GB ..................................
GOM ...............................
GB ..................................
SNE/MA ..........................
CC/GOM .........................
.........................................
.........................................
GB ..................................
GOM ...............................
SNE/MA ..........................
.........................................
.........................................
Pollock ......................................
Atlantic wolffish ........................
.........................................
.........................................
Haddock ...................................
Yellowtail flounder ....................
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American plaice .......................
Witch flounder ..........................
Winter flounder .........................
To facilitate monitoring trimester
TACs under the common pool trimester
TAC AM, 20 percent of trips by
common pool vessels would have their
offloads monitored by an independent
third-party service provider approved/
certified by NMFS to provide such
services. These service providers would
be required to randomly deploy
dockside monitors to monitor the
offload of catch directly to a dealer, and
roving monitors to monitor the offload
of catch onto a truck for subsequent
shipment to a dealer. To ensure
coverage is randomly deployed,
common pool vessels may only use one
dockside monitoring service provider
per fishing year. The costs associated
with monitoring vessel offloads would
be the responsibility of individual
vessels. Vessels would be required to
submit trip-start and trip-end hail
reports to facilitate the deployment of
such dockside/roving monitors, as
further described in Item 14 of this
preamble.
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
521,522,525,526,561 ..............................................
513,514,515 ............................................................
521,522,561 ............................................................
512,513,514,515 .....................................................
522,525,561,562 .....................................................
537,539,612,613 .....................................................
514,521 ...................................................................
512,513,514,515,521,522 .......................................
512,513,514,515,521,522 .......................................
522,562 ...................................................................
514 ..........................................................................
521,526,537,539,612,613 .......................................
513,514,515,521,522,561 .......................................
511,512,513,514,515,521,522, ...............................
525,561,613,616 .....................................................
513,514,515,521,522,561 .......................................
513,514, 521,522 ....................................................
Recreational AMs
For the recreational fishery, once
recreational catch information is
available for the previous FY (expected
by July), the Regional Administrator
would evaluate whether recreational
catch exceeded the recreational
allocation for GOM cod or GOM
haddock. For FY 2010, recreational
catch would be compared to the
recreational ACL for each stock for FY
2010. For FY 2011, the average
recreational catch for FYs 2010 and
2011 would be compared to the average
recreational ACL for each stock during
FYs 2010 and 2011. Beginning with FY
2012, the 3-year average recreational
catch would be compared to the most
recent 3-year average of the recreational
ACL for each stock.
Because there is a high degree of
uncertainty associated with the number
of recreational anglers and the amount
of recreational catch between fishing
years, the Council determined that it
would be difficult to design an
appropriate recreational AM in advance.
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Frm 00011
Fmt 4701
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Trawl,
Trawl,
Trawl,
Trawl,
Trawl,
Trawl,
Trawl,
Trawl.
Trawl.
Trawl.
Trawl,
Trawl.
Trawl.
Trawl,
gillnet,
gillnet,
gillnet,
gillnet,
gillnet.
gillnet.
gillnet.
longline/hook.
longline/hook.
longline/hook.
longline/hook.
gillnet.
gillnet, longline/hook.
Gillnet, trawl, longline/hook.
Trawl, gillnet.
In addition, the Council determined that
there is a need to coordinate
recreational measures with state
management agencies represented on
the Council in determining recreational
AMs, as a large portion of recreational
fishing activity occurs in state waters.
Therefore, under Amendment 16, if it is
determined that the recreational fishery
has exceeded its allocation for GOM cod
or haddock, NMFS would develop and
implement the appropriate measures
necessary to prevent the recreational
fishery from exceeding the applicable
sub-ACL in future years, in consultation
with the Council. Appropriate AMs for
the recreational fishery could include
adjustments to fishing season, minimum
fish size, or possession limits.
AMs if an Overall ACL for a Particular
Stock Is Exceeded
As described above, several
components of the fishery are allocated
sub-ACLs for stocks managed by the
FMP and are, therefore, subject to AMs.
However, Amendment 16 also proposes
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that AMs for the NE multispecies
fishery must be sufficient to prevent
overfishing on each stock as a whole.
This means that, if catch by components
of the fishery that are not subject to AMs
at this time (i.e., vessels fishing in state
waters outside of the FMP, exempted
fisheries, and the scallop fishery) exceed
their allocations and the overall ACL for
a particular stock is exceeded, the AMs
applicable to the NE multispecies
fishery described above, including those
specified for Sector, common pool, and
recreational and charter/party vessels,
could be triggered to ensure that
overfishing does not occur on the stock
as a whole. Because catch data for
components of the fishery that are not
subject to AMs are not always available
either within the FY, or at the end of the
FY, NMFS would implement or adjust
any AMs applicable to the NE
multispecies fishery during the next FY,
or as soon as practicable thereafter, once
catch data for all such fisheries are
available. If excessive catch by vessels
fishing in state waters outside the FMP,
exempted fisheries, or the scallop
fishery exceeds these fisheries’
individual allocations for a particular
stock, but the overall ACL for a
particular stock is not exceeded, then no
AMs would be triggered in the NE
multispecies fishery due to catch by
such fisheries. However, if an
individual component of the NE
multispecies fishery exceeds its
allocation of a particular stock, then the
applicable AM for that component of
the fishery would be triggered, even if
the overall ACL for that stock is not
exceeded.
If an overage of the overall ACL for a
particular stock occurs, and there is an
overage of the sub-component of the
ACL allocated to vessels fishing in state
waters outside the FMP, exempted
fisheries, or the scallop fishery, the
amount of the overage of the overall
ACL would be divided among the entire
NE multispecies fishery, including
common pool vessels, approved Sectors,
and private recreational and charter/
party vessels, based upon each
component’s share of that stock’s ACL
available to the NE multispecies fishery.
Each component’s share of the ACL
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15:07 Dec 30, 2009
Jkt 220001
overage for a particular stock would
then be added to the catch of that stock
by each component of the NE
multispecies fishery to determine if the
resulting sum for each component of the
fishery exceeds that individual
component’s share of that stock’s ACL
available to the NE multispecies fishery.
If it does, that component would
automatically be subject to the
applicable AM. The following is an
example to illustrate this calculation.
For FY 2010, suppose there is an overall
ACL of 1,000 mt of CC/GOM yellowtail
flounder allocated across all fisheries.
Five percent of the 1,000 mt (50 mt) is
allocated to vessels fishing in state
waters outside the FMP, exempted
fisheries, and the Atlantic sea scallop
fishery, while the remaining 95 percent
(950 mt) is allocated to the NE
multispecies fishery. The 950 mt
allocated to the NE multispecies fishery
is further divided between common
pool vessels (allocated 200 mt), Sector 1
(allocated 450 mt), and Sector 2
(allocated 300 mt). In FY 2010, vessels
fishing in state waters outside the FMP,
exempted fisheries, and the scallop
fishery cumulatively catch 300 mt of
CC/GOM yellowtail flounder, exceeding
their allocation by 250 mt (i.e., 300 mt
caught ¥50 mt allocated). However,
components of the NE multispecies
fishery each caught less than or equal to
their allocations for this stock, with
common pool vessels catching 150 mt,
Sector 1 vessels catching 450 mt, and
Sector 2 vessels catching 300 mt.
Cumulatively, the overall ACL for CC/
GOM yellowtail flounder was exceeded
by 200 mt based upon the catch of all
fisheries (see Table 7 below). To
determine how to distribute the overage
of the overall ACL among the
components of the NE multispecies
fishery, it is necessary to first determine
each component’s share of that stock’s
ACL that is available to the NE
multispecies fishery by dividing each
component’s allocation for that stock
(i.e., 200 mt to common pool vessels,
450 mt to Sector 1 vessels, and 300 mt
to Sector 2 vessels) by the total amount
allocated to the NE multispecies fishery
(200 mt + 450 mt + 300 mt = 950 mt).
In this example, the common pool is
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Fmt 4701
Sfmt 4702
allocated 21 percent of the CC/GOM
yellowtail flounder sub-ACL available to
NE multispecies vessels (200 mt ÷ 950
mt), while Sector 1 is allocated 47
percent (450 mt ÷ 950 mt), and Sector
2 is allocated 32 percent of the CC/GOM
yellowtail flounder sub-ACL available to
NE multispecies vessels (300 mt ÷ 950
mt). Therefore, to determine whether
the common pool and sector AMs
would be triggered, 42 mt of the overage
(21 percent times 200 mt overage)
would be added to the actual common
pool catch (150 mt), 94 mt of the
overage (47 percent times the 200 mt
overage) would be added to the actual
catch by Sector 1 vessels (450 mt), and
64 mt of the overage (32 percent times
the 200 mt overage) would be added to
the actual catch by Sector 2 vessels of
(300 mt). In this example, because
vessels in both Sector 1 and Sector 2
caught their full allocation of CC/GOM
yellowtail flounder, when the overage of
the overall ACL was proportionally
distributed among the components of
the NE multispecies fishery, the total
catch of CC/GOM yellowtail flounder by
Sector 1 vessels exceeded its CC/GOM
yellowtail flounder allocation by 94 mt
(i.e., 450 mt catch by Sector 1 vessels +
94 mt share of the overage = 544 mt, or
a 94 mt overage of its allocation), while
the total catch of CC/GOM yellowtail
flounder by Sector 2 vessels exceeded
its CC/GOM yellowtail flounder
allocation by 64 mt (i.e., 300 mt catch
by Sector 2 vessels + 64 mt share of the
overage = 364 mt, or a 64 mt overage of
its allocation). Accordingly, the AMs for
both sectors would be triggered,
resulting in Sector 1’s CC/GOM
yellowtail flounder allocation being
reduced by 94 mt, and Sector 2’s CC/
GOM yellowtail flounder allocation
being reduced by 64 mt during FY 2011.
However, when the common pool’s
share of the overage of the overall ACL
(42 mt) was added to the common pool’s
catch of CC/GOM yellowtail flounder
(150 mt), the total catch did not exceed
the CC/GOM yellowtail flounder
allocation to the common pool (42 mt +
150 mt < 200 mt). Therefore, the
common pool would not be subject to
the differential DAS counting AM in FY
2011 (see Table 7 below).
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TABLE 7—EXAMPLE OF HOW AMS WOULD APPLY IF THE OVERALL ACL FOR A STOCK IS EXCEEDED BY OTHER SUBCOMPONENTS OF THE FISHERY
Total catch
plus exempted fisheries and
scallop
overage
(mt)
Amount of
sub-ACL exceeded after
addition of
overage
(mt)
Share of
ACL (%)
Amount
of subACL (mt)
Share of
mults
ACL (%)
Catch in
FY 2010
(mt)
Overage
(mt)
Distribution of
exempted fisheries and scallop overage
(mt)
Sector 1 ..........................................
Sector 2 ..........................................
Common Pool ................................
State Waters Fisheries, Exempted
Fisheries, and the Scallop Fishery ...............................................
45
30
20
450
300
200
47
32
21
450
300
150
0
0
¥50
94
64
42
544
364
192
95
63
¥8
5
50
NA
300
250
NA
NA
NA
Total ........................................
100
1,000
100
1,200
200
200
1,100
150
Component of the fishery
7. Issuance of Limited Access
Multispecies and Atlantic Sea Scallop
Permits
Currently, a vessel cannot be issued a
limited access NE multispecies permit
and a limited access Atlantic sea scallop
permit at the same time, unless the
scallop dredge vessel qualified for a
limited access NE multispecies
combination permit. In addition, vessels
issued a limited access Atlantic sea
scallop trawl permit and a limited
access NE multispecies permit can not
use scallop dredge gear unless it
voluntarily relinquishes its limited
access NE multispecies permit.
Amendment 16 proposes to remove
these restrictions and allow a vessel to
be issued both a limited access NE
multispecies permit and a limited
access Atlantic sea scallop permit at the
same time. In addition, this change
would allow the owner of a vessel
currently issued a limited access
Atlantic sea scallop trawl permit to
convert to a dredge gear permit without
relinquishing his/her limited access NE
multispecies permit. This provision is
intended to increase the flexibility of
vessel operations by eliminating
restrictions that limit participation in
both the Atlantic sea scallop fishery and
the NE multispecies fishery by the same
vessel and, thereby, increase the
potential return on investments in both
fisheries.
8. Recordkeeping and Reporting
Requirements
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VTRs
Under the current regulations, all
operators of vessels issued a Federal
fishing permit, with the exception of
vessels issued an American lobster
permit, must submit a VTR within 15
days after the end of the reporting
month. These VTRs specify gear used,
area fished, and amount of each species
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15:07 Dec 30, 2009
Jkt 220001
kept and discarded, as well as other
pertinent information for each fishing
trip. VTRs are used to apportion catch
to stock areas for catch monitoring and
stock assessment purposes. Current VTR
submission requirements result in
delays in receiving and processing
VTRs, making them unusable for the
timely monitoring of either Sector catch
or ACLs at the stock level, both of which
rely upon catch, area, and gear
information contained in VTRs.
Neither Amendment 16, nor any other
previous Council action in the FMP,
specified the VTR submission
requirements, but rather deferred
specification of such requirements to
NMFS. Because of the need for more
real-time data to implement ABCs,
ACLs, and Sector provisions under
Amendment 16, NMFS is proposing to
increase the reporting frequency for
VTRs for all vessels issued a NE
multispecies permit. The VTR
submission requirements would change
from requiring submission of VTRs
within 15 days after the end of the
reporting month to requiring that VTRs,
including ‘‘did not fish reports,’’ be
submitted by midnight of the first
Tuesday following the end of the
reporting week (i.e., 0001 hr local time
Sunday through 2400 hr local time the
following Saturday). The date when fish
are offloaded would dictate the
reporting week for which the VTR must
be submitted to NMFS, and any fishing
activity during a particular reporting
week (i.e., starting a trip, landing, or
offloading catch) would constitute
fishing during that reporting week, and
would eliminate the need to submit a
negative fishing report to NMFS for that
reporting week. For example, if a vessel
issued a NE multispecies permit begins
a fishing trip on Wednesday, but returns
to port and offloads its catch on the
following Thursday (i.e., after a trip
lasting 8 days), the VTR for that fishing
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trip would need to be submitted by
midnight Tuesday of the third week, but
a negative report (i.e., a ‘‘did not fish’’
report) would not be required for either
week. These measures would make the
VTR submission requirements
consistent with dealer report
submission requirements and would
increase the accuracy and timeliness of
catch data available for monitoring and
assessment purposes under this action.
Area Declarations
Amendment 16 proposes to establish
four broad stock areas that encompass
multiple statistical areas for the
purposes of providing more accurate
and timely data to apportion catch to
individual stock areas, including
providing area information for stock
apportionment if VTR data are missing
or delayed. Operators of all vessels
issued a limited access NE multispecies
permit that are fishing for NE
multispecies under a NE multispecies
DAS, under the provisions of a small
vessel category (Category C) or Handgear
A permit, or on a Sector trip would be
required to declare their intent to fish in
one or more of these broad stock areas
via their vessel monitoring system
(VMS) prior to each trip on which NE
multispecies may be landed. In
addition, all vessels would be required
to submit the VTR serial number
associated with the first page of the VTR
for that trip, as instructed by the
Regional Administrator. The VTR serial
number would be used to link VTRs
with dealer reports and VMS data to
increase the accuracy of data used for
monitoring catch.
Trip-level Catch Reports
If the operator of a limited access NE
multispecies vessel, including vessels
issued a limited access Handgear A
permit, declares his/her intent to fish in
multiple broad stock areas on the same
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trip, as described above, the operator
would be required to submit a trip-level
catch report to NMFS via VMS that
details the amount of each NE
multispecies regulated species or ocean
pout species kept (in pounds, landed
weight) from each broad stock area on
that trip prior to crossing the VMS
demarcation line upon the return to
port, as instructed by NMFS. This report
would be required for such trips unless
the vessel is required to submit a daily
VMS catch report when operating in one
of the special management programs
(SMPs), as described further below.
These reports would be used to provide
more timely data on catch
apportionment to stock areas until VTR
data become available.
Amendment 16 proposes that vessels
fishing in multiple broad stock areas
would be required to submit daily VMS
catch reports. However, Amendment 16
also provides NMFS with the ability to
specify other reporting procedures to
reduce unnecessary duplication.
Therefore, as noted above, NMFS is
proposing to require trip-level VMS
catch reports instead of daily catch
reports to minimize the reporting
burden on vessels without
compromising data available to
accurately monitor NE multispecies
regulated species and ocean pout catch.
In addition, Amendment 16 would
authorize NMFS to exempt a vessel
participating in an approved Sector
from the trip-level VMS catch reports
when declaring its intent to fish in
multiple broad stock areas to reduce
unnecessary duplication. At this time,
NMFS has determined that these triplevel catch reports are necessary to
accurately monitor NE multispecies
regulated species and ocean pout catch
by all NE multispecies vessels,
including those that are fishing under
an approved Sector operations plan. If
further review of available catch
monitoring data indicates that trip-level
catch reports are no longer necessary to
accurately monitor NE multispecies
regulated species and ocean pout catch,
and duplicate other available catch data,
NMFS may exempt Sector vessels from
such reporting requirements during
subsequent FYs.
SMP Reporting Requirements
Amendment 16 would maintain the
existing reporting requirements for
vessels that participate in a SMP (i.e.,
SAPs, the U.S./Canada Management
Area, and the Regular B DAS Program),
unless otherwise noted below for
vessels participating in an approved
Sector. All of these programs require
vessel operators to submit a daily VMS
catch report detailing the amount of
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each species kept and discarded, the
statistical area fished, the VTR serial
number for that trip, and the date the
fish were caught. In Framework
Adjustment 42 (October 23, 2006; 71 FR
62156), the Council adopted, and NMFS
approved, universal reporting
requirements for SMPs to reduce
complexity and increase data quality for
the purposes of monitoring catch in
these programs. As described above,
Amendment 16 would also require all
NE multispecies vessels to submit a triplevel catch report when fishing in
multiple broad stock reporting areas. To
maintain consistency with the Council’s
intent to streamline the reporting
requirements and minimize the time
and cost burden associated with such
reporting requirements, NMFS proposes
to revise the daily VMS catch report for
SMPs to reflect the requirements
outlined in the trip-level catch reports
described above. This would eliminate
the current requirement for vessel
operators fishing in SMPs to report
species discards and statistical area
fished, but would require vessel
operators to specify the VTR serial
number or other universal trip ID
specified by NMFS, the date fish were
caught (applicable only for SMP trips),
and the amount of each species kept in
each broad stock reporting area.
Amendment 16 proposes that Sector
vessels participating in SMPs would be
required to comply with the SMPspecific reporting requirements, but
would specifically provide the Regional
Administrator with the authority to
remove SMP-specific reporting
requirements if it is determined that the
reporting requirements are unnecessary.
At this time, NMFS has determined that
daily SMP-specific VMS catch reports
for vessels participating in Sectors are
unnecessary, because Sectors would be
allocated ACE for most NE multispecies
regulated species and ocean pout stocks
and, therefore, would not be subject to
any SMP-specific TACs or other
restrictions on catch; would be
responsible for ensuring that Sector
allocations are not exceeded; and would
provide sufficient information to
monitor all Sector catch through the
submission of weekly Sector catch
reports described further in Item 14 of
this preamble. Consistent with
Amendment 16, NMFS is proposing to
retain the authority to reinstate such
reporting requirements if it is later
determined that the weekly Sector catch
reports are insufficient to adequately
monitor catch by Sector vessels in
SMPs. This exemption from the SMP
reporting requirements for Sector
vessels would not apply to vessels
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participating in the Closed Area (CA) I
Hook Gear Haddock SAP. This SAP
includes an overall haddock TAC that is
applicable to both Sector and common
pool vessels fishing in this SAP.
Therefore, the existing requirement for
Sector managers to provide daily catch
reports by participating Sector vessels
would be maintained.
Dealer Reporting and Record Retention
Requirements
Because Amendment 16 would
implement new requirements for
dockside/roving monitors for common
pool vessels beginning in FY 2012, and
for Sector vessels beginning in FY 2010,
as described in Items 6 and 14 of this
preamble, respectively, the dealer
reporting and record retention
requirements currently specified in
§ 648.7(a) and (e), respectively, need to
be revised to accommodate additional
reporting requirements associated with
these measures. Specifically, NMFS is
proposing to require dealers to provide
a copy of any dealer weigh-out
documents or dealer receipts for a
particular offloading event to dockside/
roving monitors, allow the dockside/
roving monitor to sign a copy of the
official weigh-out document or dealer
receipt retained by the dealer, or sign a
dockside monitoring report provided by
a dockside/roving monitor. In addition,
this proposed rule would require
vendors providing dockside/roving
monitor services to retain and make
available for review any records relating
to fish offloaded and observed by
dockside/roving monitors for 3 yr after
the fish were first offloaded. This
measure is intended to maintain
consistency with existing record
retention requirements and facilitate
enforcement of measures proposed
under Amendment 16.
Pre-Trip Observer Notification
To better monitor NE multispecies
regulated species and ocean pout catch
under Amendment 16, NMFS is likely
to receive sufficient funding to increase
observer coverage in the NE
multispecies fishery for FY 2010 and,
possibly, 2011. At this time, funding is
likely available to observe up to 30
percent of common pool trips, and up
to 38 percent of Sector trips. To ensure
that NMFS can achieve targeted
observer coverage levels, the NMFS
Northeast Fisheries Observer Program
(NEFOP) needs additional information
to facilitate the deployment of observers
on trips that would land NE
multispecies regulated species and
ocean pout. Therefore, based on the
authority provided the Secretary to
request additional information to
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implement an FMP in sections 305(d)
and 402(a) of the Magnuson-Stevens
Act, NMFS is proposing to require that
any vessel issued a limited access NE
multispecies permit and fishing under a
NE multispecies DAS or on a Sector trip
provide NMFS with the vessel name,
permit number, and Sector to which the
vessel belongs, if applicable; contact
name and telephone number for
coordination of observer deployment;
date, time, and port of departure; area to
be fished; and gear type to be used at
least 48 hr prior to departing port on
any trip declared into the NE
multispecies fishery. For trips lasting 48
hr or less, the vessel owner, operator, or
manager would be able to make a
weekly notification, rather than a
separate notification prior to each trip.
Such weekly notifications must occur
by 0001 hr of the Friday preceding the
week (Sunday through Saturday) that
they intend to complete at least one NE
multispecies DAS or Sector trip during
the following week. Trip notification
calls must be made no more than 10
days in advance of each fishing trip.
NMFS would inform the vessel whether
an observer has been assigned for that
trip, or a waiver issued within 24 hr of
notification. This pre-trip notification
would fulfill the current and proposed
observer notification requirements for
trips into SMPs. However, if funding is
no longer sufficient to provide high
levels of observer coverage for the entire
fishery, the Regional Administrator may
eliminate this pre-trip notification
requirement for all trips, as it would no
longer be necessary to facilitate observer
deployment for all NE multispecies
vessels. If this occurs, the pre-trip
observer notification requirements for
trips into SMPs would remain in effect.
Public comment is sought specifically
regarding: (1) Whether this proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
burden estimate; (2) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (3)
ways to minimize the burden of the
collection of information, including
through the use of automated collection
techniques or other forms of information
technology. In particular, NMFS is
seeking comment on reporting
requirements that were not specifically
detailed in the Amendment 16 FEIS, but
may be considered necessary to carry
out Amendment 16 measures. These
measures include the increased
frequency of VTR submissions; pre-trip
observer notification to facilitate
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observer deployment; and hail reports
required for dockside and at-sea
monitoring requirements specified in
Items 6 and 15 of this preamble,
respectively. Send comments on these
or any other aspects of the collection of
information to (enter office name) at the
ADDRESSES above and by e-mail to
David_Rostker@omb.eop.gov or fax to
(202) 395–7285.
9. Effort Controls
Amendment 16 proposes a number of
revisions to existing effort controls,
including revisions to NE multispecies
DAS allocations, NE multispecies DAS
accrual provisions, gear restricted areas,
and trip limits, as described in further
detail below. These effort controls
would apply to vessels fishing under the
provisions of the common pool.
When the Council adopted
Amendment 16, the effort controls
selected were expected to meet the
necessary mortality reductions for all
stocks, with the exception of SNE/MA
winter flounder and northern
windowpane flounder, as estimated by
the Groundfish PDT based upon earlier
guidance by the SSC regarding ABCs. As
described above, Amendment 16
proposes to implement measures that
would eliminate targeting of SNE/MA
winter flounder and reduce discards in
other trawl fisheries to reduce F on
SNE/MA as close to zero as practicable.
A similar approach is proposed for
northern windowpane flounder, but a
Frebuild cannot be calculated due to
uncertainty in the assessment for this
stock and, therefore, the effort controls
described below would reduce F to the
extent practicable.
DAS Allocation
Amendment 16 would revise the way
NE multispecies DAS allocated to both
common pool and Sector vessels would
be distributed between Category A and
Category B DAS, as originally
implemented under Amendment 13.
Starting in FY 2010, common pool
vessels would have their DAS
allocations distributed as follows:
Category A DAS would represent 27.5
percent of a vessel’s Amendment 13
DAS baseline, Category B Regular DAS
would represent 36.25 percent of the
Amendment 13 DAS baseline, and
Category B Reserve DAS would
represent 36.25 percent of the
Amendment 13 DAS baseline. For
example, a vessel with an Amendment
13 DAS baseline of 88 DAS would be
allocated 24.2 Category A DAS, 31.9
Category B Regular DAS, and 31.9
Category B Reserve DAS. This
represents a 50-percent reduction from
each vessel’s 2006 DAS allocation, or an
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approximately 32-percent reduction
from each vessel’s 2009 DAS allocation.
Amendment 16 would exempt Sector
vessels from the DAS allocation
reductions for common pool vessels
because such vessels would be subject
to hard TACs to control fishing effort.
As a result, Amendment 16 would
retain the existing 2009 DAS allocations
for vessel’s participating in a Sector for
the purposes of participating in the
monkfish fishery, a fishery that still
requires the concurrent use of a NE
multispecies DAS with a monkfish DAS
for vessels issued a limited access
Category C and D monkfish permit. If a
vessel fishes in the common pool in one
FY, but in an approved Sector during
the next FY, its DAS allocation for each
FY would reflect whether the vessel is
fishing under the common pool, or
participating in an approved Sector.
DAS Counting
Under Amendment 16, all NE
multispecies DAS used by vessels
fishing in the common pool would be
counted in 24-hr increments, based
upon the time called into the DAS
program via VMS or the interactive
voice response (IVR) system. For
example, if a vessel fished 6 hr, it would
be charged for 24 hr of DAS usage; a
vessel that fished 25 hr would be
charged for 48 hr of DAS usage. The
existing differential DAS counting areas
and minimum DAS charge for Day
gillnet vessels (i.e., the 3–15 DAS
counting rule where Day gillnet vessels
were charged 15 hr for any trip greater
than 3 hr or less than or equal to 15 hr
in duration, but actual time fished for
any trip less than or equal to 3 hr or
greater than 15 hr in duration) would be
eliminated.
Although Amendment 16 would
exempt vessels participating in a Sector
from the requirement to use a NE
multispecies DAS to land NE
multispecies regulated species and
ocean pout, vessels issued a limited
access Category C or D monkfish permit
would still be required to use a NE
multispecies DAS to comply with the
restrictions of the monkfish fishery. As
a result, because Sector vessels would
be exempt from the Amendment 16 NE
multispecies DAS counting provisions
for common pool vessels, Sector vessels
issued a limited access Category C or D
monkfish permit fishing under a
monkfish DAS would be charged NE
multispecies DAS to the nearest minute
based upon the time called into the DAS
program via VMS or the IVR call-in
system. Similarly, Sector vessels fishing
under the Day gillnet designation (i.e.,
those vessels that return to port after
setting their gillnets) would no longer be
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subject to the existing NE multispecies
Day gillnet DAS counting provisions, as
described above for common pool DAS
counting measures.
Restricted Gear Areas (RGAs)
Amendment 16 proposes two RGAs
for common pool vessels. Both RGAs are
intended to reduce the catch of flatfish
species (predominantly SNE/MA winter
flounder and SNE/MA yellowtail
flounder) through the required use of
selective gear in areas where these
species are caught. Under Amendment
16, vessels fishing in either the Western
GB RGA or the SNE RGA would be
restricted to using the following gear: A
haddock separator trawl, a Ruhle trawl,
a rope trawl, longline/tub trawls,
handgear, or sink gillnets. Tie-down
gillnets would be allowed, provided the
mesh is greater than or equal to 10
inches (25.4 cm). Gear other than those
listed above would not be allowed on
board when fishing within these RGAs.
The Regional Administrator could
approve the use of additional gear
within these RGAs, provided the new
gear meets the standards established for
the approval of additional gear in SMPs.
The existing gear performance standards
would apply to gear used in these areas
to ensure that selective gear is used
properly (e.g., restrictive trip limits for
flatfish and other bottom-oriented
species, such as 500 lb (226.8 kg) of all
flatfish species combined, and zero
lobsters). Common pool vessels fishing
in the RGAs would be required to
declare into these areas via VMS, as
instructed by the Regional
Administrator. In lieu of a VMS
declaration, the Regional Administrator
may authorize such vessels to obtain a
letter of authorization (LOA) to fish in
these RGAs. The minimum participation
period for these LOAs would be 7
consecutive days, meaning that a vessel
must agree to fish in these areas for a
minimum of 7 consecutive days. If
issued a LOA, a vessel must retain the
LOA on board for the duration of the
participation period. A vessel could fish
inside and outside of these RGAs on the
same trip, but would be subject to the
most restrictive measures (gear, trip
limits, etc.) for the areas fished for the
entire trip. A vessel fishing outside of
these areas could transit the RGAs,
provided gear other than the selective
gear specified above is properly stowed.
Both the areas and the gear required
to be used in these areas are further
defined in this proposed rule. NMFS
based the proposed definition of the
rope trawl upon the description of the
net in the final report of the research
project that designed and tested this net,
referenced in the Amendment 16 FEIS,
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and consultations with the industry gear
experts, research scientists, and vessel
operators that designed the net. NMFS
is specifically seeking public comment
on the description of the rope trawl. The
coordinates proposed for the SNE
Multispecies RGA have been slightly
revised from those proposed in
Amendment 16 to more accurately
outline the proposed areas and reflect
the area adopted by the Council, as
depicted in Figure 4 of the Amendment
16 FEIS, as it intersects with the
coastline of Martha’s Vineyard, MA.
Trip Limits
In conjunction with the DAS
restrictions described above, the
following changes to trip limits are
proposed:
GOM cod: The possession limit would
be increased to 2,000 lb (907.2 kg) per
DAS, up to 12,000 lb (5,443.2 kg) per
trip for vessels fishing under a NE
multispecies DAS or under the Small
Vessel permit exemption (Category C
permit).
GB cod: The possession limit would
be increased to 2,000 lb (907.2 kg) per
DAS, up to 20,000 lb (9,072 kg) per trip
for vessels fishing under a NE
multispecies DAS or under the Small
Vessel permit exemption. The existing
trip limit for GB cod caught within the
Eastern U.S./Canada Area or the Eastern
U.S./Canada Haddock SAP would
remain the same, at 500 lb (226.8 kg) per
DAS, up to 5,000 lb (2,268 kg) per trip;
and 1,000 lb (453.6 kg) per trip,
respectively. Consistent with existing
regulations, a vessel would need to
declare its intent to fish exclusively
within the GB Regulated Mesh Area
(RMA) via VMS to be exempt from the
GOM cod limit of 12,000 lb (5,443.2 kg)
per trip.
Cod limit for Handgear A vessels: The
possession limit would increase to 750
lb (340.2 kg) per trip, consistent with
the automatic possession limit
adjustment provision implemented
under Amendment 13.
Cod limit for Handgear B vessels: The
possession limit would increase to 200
lb (90.7 kg) per trip, consistent with the
automatic possession limit adjustment
provision implemented under
Amendment 13.
CC/GOM and SNE/MA yellowtail
flounder: The possession limit would
increase to 250 lb (113.4 kg) per DAS,
up to 1,500 lb (680.4 kg) per trip.
GB yellowtail flounder: There would
be no possession limit specified for this
stock at the beginning of the FY.
However, the Regional Administrator
could implement a possession limit
either prior to, or during, the FY to
prevent the available GB yellowtail
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flounder TAC specified for common
pool vessels fishing in the U.S./Canada
Management Area from being exceeded.
Atlantic halibut: The current trip limit
of one fish per trip would be
maintained.
SNE/MA winter flounder,
windowpane flounder, ocean pout, and
Atlantic wolffish: Landing of these
stocks would be prohibited in any
fishery.
In addition to the trip limits specified
above, Amendment 16 proposes
additional restrictions on the amount of
fish that a vessel could land. Under
Amendment 16, only one landing limit
of regulated species could be landed in
any 24-hr period by any vessel fishing
under the common pool. If fishing in
multiple stock areas, the most restrictive
possession limit would apply to the
entire trip. Because DAS used by
common pool vessels would be counted
in 24-hr increments, the existing cod
running clock provision would be
eliminated under Amendment 16. This
provision allowed a vessel that fished
only part of an additional DAS to land
an additional day’s worth of cod,
provided the vessel declared the
additional landings to NMFS so that up
to an additional 24 hr of DAS could be
charged for that trip.
GOM Haddock Sink Gillnet Pilot
Program
Amendment 16 proposes to
implement a pilot program that would
allow common pool vessels to fish with
6-inch (15.24-cm) mesh stand-up sink
gillnets (tie-down gillnets would be
prohibited) in the GOM RMA between
January 1 through April 30 of each year.
Day gillnet vessels would not be able to
fish with, possess, haul, or deploy more
than 30 nets per trip, but Trip gillnet
vessels would not be limited in the
number of nets they could fish with,
possess, haul, or deploy. Vessels
participating in this program would be
required to use Category A DAS for any
fishing trip taken during the season
specified for this program (i.e., any trip
between January 1 and April 30),
regardless of whether catch is landed
(i.e., a Day gillnet vessel would be
required to use Category A DAS to
deploy gillnets). Participating vessels
would be required to declare their intent
to participate in this pilot program by
October 1 of each year. The Regional
Administrator would issue LOAs to
participating vessels that must be
carried on board during the season
specified for this pilot program. In
addition, vessels would be required to
notify the NMFS Observer Program at
least 48 hr prior to every trip under this
pilot program to facilitate the
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deployment of observers. This pilot
program would be in place for FY 2010
through FY 2012, unless continued
through a future Council action. The
Regional Administrator could suspend
participation in this pilot program by
individual vessels or by all vessels if the
program is determined to be
inconsistent with the goals and
objectives of the FMP.
As identified in a February 6, 2009,
letter to the Council, NMFS considers
this pilot program a SAP, as defined in
Section 3.4.5.2 of the SEIS for
Amendment 13, as it intends to
facilitate the targeting of a healthy NE
multispecies stocks in a manner that
would otherwise be prohibited. In this
case, the pilot program would target
haddock by allowing vessels to use
undersized mesh in the GOM RMA.
Because NMFS considers this pilot
program a SAP, the criteria adopted in
Amendment 13 to approve a SAP
should be applied. Among other things,
to be approved, a SAP must not result
in overfishing of any stock, or increase
F on a stock of concern (defined as a
stock subject to overfishing or that is
overfished), and must reduce discards to
the extent practicable on all species.
Amendment 13 also indicates that a
SAP should not undermine the
achievement of the goals of the FMP,
including efforts to rebuild overfished
stocks, end overfishing, and minimize
bycatch. NMFS is specifically seeking
public comment regarding this Pilot
Program and whether the SAP approval
provisions should apply when deciding
whether to approve this SAP under
Amendment 16.
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10. DAS Leasing and Transfer Programs
Amendment 16 includes several
revisions to the DAS Leasing and
Transfer Programs that are intended to
eliminate unnecessary administrative
procedures that would impede
participation in these programs, as
follows. Existing restrictions on leasing
DAS between vessels participating in
Sectors and those fishing in the
common pool would be continued
under Amendment 16. A similar
restriction on DAS transferred under the
DAS Transfer Program is proposed
under Amendment 16, as further
described in Item 14 of this preamble.
Eligibility
The DAS Leasing and Transfer
Programs were first implemented under
Amendment 13 to increase the
economic efficiency of vessel operations
by allowing vessels to acquire
additional DAS, or lease unused DAS to
another vessel. Amendment 13
prohibited permits held in confirmation
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of permit history (CPH) from
participating in these programs to slow
the reactivation of fishing effort.
Because permits in CPH can be
reactivated at any time, the Amendment
13 prohibition created an administrative
barrier to reactivation of such effort.
Amendment 16 would eliminate this
administrative barrier by allowing
permits held in CPH to participate in
the DAS Leasing and Transfer Programs
without being activated by being placed
onto a vessel. Because of continued
effort controls proposed under
Amendment 16, the concern that
participation of permits in CPH would
speed up the activation of effort is
somewhat mitigated, while providing
greater opportunities to increase the
efficiency of vessel operations.
DAS Transfer Conservation Tax
In addition to increasing the
flexibility and economic efficiency of
fishing operations, the DAS Transfer
Program was intended to provide longterm reduction in fishing effort by
reducing active and inactive DAS from
the fishery through the implementation
of a conservation tax on DAS transferred
under this program. However, no
permits participated in this program
until the DAS conservation tax was
reduced from 40 percent to 20 percent
on Category A and B DAS, in
conjunction with other changes to the
program, under Framework Adjustment
42 in FY 2006. While some vessel
owners have consolidated DAS and
permits under this program since FY
2006, in large part, the efficiency and
conservation gains expected from this
program have not materialized due to
low participation in this program.
Amendment 16 proposes to eliminate
the DAS conservation tax entirely to
increase participation in this program.
Any DAS reduced due to the
conservation tax applied to previously
approved transfers would not be
reinstated.
DAS Leasing Cap
When Amendment 13 first
implemented the DAS Leasing Program,
a cap was placed on the number of DAS
a vessel could acquire to reduce the
possibility that a vessel would
accumulate excessive DAS. This cap
was based upon the 2001 DAS
allocation of the vessel acquiring DAS
from another vessel. Because the
concurrent implementation of the DAS
Transfer Program allowed vessel owners
to consolidate DAS allocations
associated with each permit, it was
realized that the DAS leasing cap could
be circumvented by consolidating
permits under the DAS Transfer
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Program. In addition, with the
continued reduction of DAS, including
an additional 32-percent reduction in
DAS allocations for common pool
vessels under Amendment 16, the DAS
leasing cap imposes a barrier that
prevents vessels from acquiring
sufficient DAS to remain economically
viable. Therefore, Amendment 16 would
eliminate the DAS leasing cap. There
would be no limit on the number of
DAS that a permit holder could lease
from another permit holder.
11. Minimum Fish Size
Although the 2009 interim rule
reduced the haddock minimum fish size
from 19 inches (48.3 cm) to 18 inches
(45.7 cm), the FMP still includes a
minimum fish size of 19 inches (48.3
cm) for haddock and a minimum fish
size of 36 inches (91.4 cm) for Atlantic
halibut. Because of slower than
expected growth rates, large amounts of
undersized haddock are being
discarded. Since both stocks of haddock
are rebuilt, Amendment 16 proposes to
reduce the minimum fish size to 18
inches (45.7 cm) for all NE multispecies
vessels, including both commercial and
recreational vessels, to reduce discards
and increase landings of this healthy
species. In addition, GARM III indicated
that the median length at maturity for
female halibut in the GOM is 41 inches
(104.1 cm). Because this stock is
overfished, Amendment 16 proposes to
increase the minimum fish size for
halibut to 41 inches (104.1 cm) for both
commercial and recreational vessels to
increase opportunities for halibut to
spawn prior to capture, thereby
increasing the likelihood that this stock
will meet rebuilding objectives.
12. SMPs and SAPs
Amendment 16 proposes several
changes to existing SAPs for both
common pool vessels and those fishing
in an approved Sector, as described in
further detail below.
U.S./Canada Management Area
In 2006, Framework Adjustment 42
increased the flexibility of vessel
operations in the Eastern U.S./Canada
Area by allowing vessels fishing in the
area to fish both inside and outside of
the Eastern U.S./Canada Area on the
same trip. As part of that provision, all
catch of cod, haddock, and yellowtail
flounder would count against the
Eastern U.S./Canada TACs for GB cod
and GB haddock, and the overall TAC
for GB yellowtail flounder. This
proposed rule would revise this
provision to accommodate the
allocation of these stocks to Sectors, as
proposed in Amendment 16.
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Incidental Catch TAC
In 2004, Framework Adjustment 40A
(November 19, 2004; 69 FR 67780)
developed incidental catch TACs to
limit the catch of species of concern
(i.e., stocks that were overfished or
subject to overfishing) when vessels
were targeting healthier NE multispecies
regulated species or ocean pout stocks
under a Category B DAS in SMPs. In
subsequent actions, incidental catch
TACs were added for several species
and adjustments were made in the size
and distribution of these TACs to
accommodate revised stock status and
new SMPs, respectively. Amendment 16
continues to revise incidental catch
TACs to accommodate the development
of ACLs and the incorporation of
pollock as a stock of concern. Proposed
incidental catch TACs would be based
upon the ACL available to the
commercial common pool fishery, as
only common pool vessels would be
able to participate in these programs
under a Category B DAS.
Under Amendment 16, the existing
specification of incidental catch TACs
for all stocks would remain the same,
but a pollock incidental catch TAC
would be specified based upon 2
percent of the ACL available to common
pool vessels. This incidental catch TAC
would be distributed to all SAPs, as
follows: 50 percent to the Regular B
DAS Program, 16 percent to the CA I
Hook Gear Haddock SAP, and 34
percent to the Eastern U.S./Canada
Haddock SAP. Consistent with existing
SAP provisions, once the pollock
incidental catch TAC is projected to be
caught by common pool vessels, the use
of Category B DAS in that particular
SAP would be prohibited for the
remainder of the season, as specified by
the Regional Administrator.
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Eastern U.S./Canada Haddock SAP
The Eastern U.S./Canada Haddock
SAP was implemented as a 2-year pilot
program under Framework Adjustment
40A in 2004. Framework Adjustment 42
extended this SAP for an additional 2
years in 2006. The 2009 interim action
extended this SAP throughout FY 2009.
Amendment 16 would extend this SAP
indefinitely. In addition, Amendment
16 would allow participating vessels to
use codends with a minimum mesh size
of 6 inches (15.24 cm) diamond or
square mesh. All catch by Sector vessels
would count against the Sector’s
allocation for each stock, including
those specific to the Eastern U.S./
Canada Area. Because Sectors would be
restricted by their allocations for each
stock, Sector vessels would not be
restricted in the gear that could be used
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when participating in this SAP. Sector
vessels would be allowed to continue to
fish in this Eastern U.S./Canada Area
Haddock SAP for the entire season
specified for this SAP as long as the
Sector to which they belong has been
allocated quota for all stocks caught in
this SAP.
CA I Hook Gear Haddock SAP
The CA I Hook Gear Haddock SAP
would be revised to expand both the
area and the season of this SAP under
Amendment 16. The season would be
extended to run from May 1 through
January 31. The seasonal split between
Sector and common pool vessels
implemented by Framework Adjustment
41 (September 14, 2005; 70 FR 54302)
would be eliminated, meaning that both
Sector vessels and common pool vessels
would be able to fish under this SAP
throughout the proposed season,
provided the Sectors to which Sector
vessels belong have been allocated
quota for all stocks caught in this SAP.
Accordingly, the division of the
available GB haddock quota between
Sector and common pool seasons would
be eliminated as well. Once the
available GB haddock quota specified
for the SAP is caught, the SAP would be
closed to all vessels, including Sector
vessels. The SAP area would be
extended to cover most of the northern
portion of CA I, as described further in
this proposed rule. All other
requirements of this SAP would be
unchanged by Amendment 16. These
modifications are intended to facilitate
the harvest of the available GB haddock
resource.
When Framework Adjustment 41 was
adopted by the Council, it included a
provision that prohibited vessels
participating in the SAP from using
squid or mackerel for bait, or even
possessing squid or mackerel on board
the vessel during a trip into the SAP.
These prohibitions on the use of
particular bait were intended to reduce
the catch rates of cod in this SAP.
However, this provision was never
included in the final rule implementing
that action. Accordingly, this action
would implement the prohibitions that
should have been implemented as part
of Framework Adjustment 41.
SNE/MA Winter Flounder SAP
The SNE/MA Winter Flounder SAP
originally implemented under
Amendment 13 would be eliminated
under Amendment 16. This SAP was
developed to reduce discards in the
fluke fishery by allowing vessels
targeting fluke west of 72° 30′ W. long.
using small mesh to retain up to 200 lb
(90.7 kg) of SNE/MA winter flounder
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per trip without using a NE multispecies
DAS. Because F on SNE/MA winter
flounder must be reduced to as close to
zero as practicable, and because no
vessels would be allowed to possess
SNE/MA winter flounder under
Amendment 16, continuation of this
SAP would not be appropriate until
improving stock conditions warrant its
re-implementation.
CA II Yellowtail Flounder/Haddock
SAP
The CA II Yellowtail Flounder SAP
was first implemented under
Amendment 13 to facilitate the harvest
of GB yellowtail flounder in CA II at a
time when the resource was considered
healthy. Since then, however, updated
assessments have indicated that the
stock has been determined to be
overfished and subject to overfishing.
Under Framework Adjustment 40B
(June 1, 2005; 70 FR 31323), language
was added to the regulations to allow
the Regional Administrator to specify
zero trips into this SAP (i.e., close this
SAP) if there was insufficient GB
yellowtail flounder to support a fishery
both inside and outside of CA II.
Catch of GB haddock has been well
below target TAC levels for several
years, particularly in light of several
large yearclasses being recruited into the
fishery. As a result, Amendment 16
proposes to revise the CA II Yellowtail
Flounder SAP to facilitate the harvest of
GB haddock within CA II, even when
the CA II Yellowtail Flounder SAP is
closed to targeting GB yellowtail
flounder. This revised SAP would build
upon the existing provisions of the CA
II Yellowtail Flounder SAP by
modifying the gear requirements and
season when the area is open to
targeting haddock. If and when the SAP
is open to targeting yellowtail flounder,
as currently defined in the regulations
based upon the amount of GB yellowtail
flounder available, the existing CA II
Yellowtail Flounder SAP provisions
apply. This includes the season (July 1
through December 31), individual vessel
trip limits (one trip per vessel per
month), cumulative fishery trip limits
(320 trips per year, unless otherwise
specified by the Regional
Administrator), gear requirements (one
of two types of flounder nets specified
in the regulations, the haddock
separator trawl, or the Ruhle trawl), GB
yellowtail flounder trip limit (between
10,000–30,000 lb (4,536–13,608 kg) per
trip), GB cod trip limit (1,000 lb (453.6
kg) per trip), and other provisions.
When the SAP is not open to the
targeting of GB yellowtail flounder,
either because there is insufficient GB
yellowtail flounder available to open the
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SAP, or because the maximum number
of trips has been taken, the SAP would
be open to target GB haddock, provided
the Eastern GB haddock ACL has not
been caught by common pool vessels, or
there is sufficient ACE for all stocks
caught in the SAP for vessels
participating in an approved Sector. If
the SAP is open to target haddock, the
following provisions would apply,
unless otherwise noted below: Season
(August 1 through January 31), gear
requirements (a vessel would not be
allowed to use a flounder net and would
be required to use a haddock separator
trawl, a Ruhle trawl, or hook gear), trip
limits (no haddock trip limit, and the
existing trip limits for GB cod and GB
yellowtail flounder), and the existing
SAP DAS and discard provisions. All
catches of GB haddock would apply to
the Eastern GB haddock quotas
allocated to either common pool or
vessels participating in individual
Sectors. Sector vessels would not be
subject to the trip limits, limits to the
number or frequency of trips (i.e., the
current restriction of 1 trip per month or
the maximum 320 trips per year) or DAS
restrictions specified for this SAP, but
would be subject to the gear
requirements for this SAP. Individual
Sector vessels would be allowed to
continue to fish in this modified CA II
Yellowtail Flounder/Haddock SAP
should it close to common pool vessels,
as long as the applicable Sector has
allocated quota remaining for all stocks
caught in this SAP.
13. Recreational Measures
To ensure that management measures
can be tailored to address the
components of the fishery responsible if
mortality targets are exceeded, the
Council is proposing to allocate portions
of the ACL for certain NE multispecies
regulated species and ocean pout stocks
to the recreational fishery, as specified
above in Item 5 of this preamble. Based
upon the criteria proposed to allocate
NE multispecies regulated species and
ocean pout stocks between the NE
multispecies commercial/recreational
fishery, this action would allocate
portions of the GOM cod and GOM
haddock ACLs to the recreational
fishery. Based upon this allocation, to
meet the target F for GOM cod,
Amendment 16 proposes to extend the
existing seasonal GOM cod prohibition
for recreational vessels, including both
private recreational and charter/party
vessels for 2 weeks, to run from
November 1 through April 15. The
adjustment to the GOM cod prohibition
was considered more effective than bag
limits or size restrictions at reducing
GOM cod catch by all recreational
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15:07 Dec 30, 2009
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vessels, while preserving a higher bag
limit considered important for the
charter/party industry. This allocation
would not require any additional
measures to achieve the target F for
GOM haddock.
Amendment 16 proposes additional
changes to recreational measures,
including the elimination of the limit on
the number of hooks that can be used,
provisions for landing fillets, and the
minimum size limits for haddock and
Atlantic halibut. Amendment 7 to the
FMP (May 31, 1996; 61 FR 27710) first
implemented a limit of two hooks per
line per angler as an effort control in the
recreational fishery. Even with this
restriction, discards by recreational
fishermen are expected to increase as
stocks rebuild. Amendment 16 would
eliminate the limit of two hooks per
line, but would maintain the limit of
one line per angler. Recreational anglers
prefer to land fillets, and some charter/
party operations fillet and skin fish as
a service to their customers.
Amendment 16 would clarify that
recreational anglers may land fillets,
provided there is at least 2 square
inches (5.08 square cm) of contiguous
skin that allows for the ready
identification of the fish species. Such
fillets would be required to be from
legal-sized fish, but the fillets
themselves would not need to meet the
minimum size requirements in the
regulations. This provision is intended
to facilitate existing practice in the
recreational fishery without
compromising efforts to enforce both
size and possession limits in the fishery.
Amendment 16 would also reduce the
minimum size for haddock from 19
inches (48.3 cm) to 18 inches (45.7 cm)
total length, indefinitely, and increase
the minimum size for Atlantic halibut
from 36 inches (91.4 cm) to 41 inches
(104.1 cm) total length. The existing size
restrictions for other stocks and the
possession restrictions for all stocks
would be maintained. Atlantic wolffish
would be added to the FMP, with zero
possession allowed for all recreational
vessels.
14. Sector Measures
Amendment 16 builds upon the sector
measures implemented under
Amendment 13 and Framework
Adjustment 42 by proposing additional
sectors and revisions to many existing
sector requirements, including sector
allocation provisions, operations plan
requirements, and monitoring and
reporting requirements, as specified
further below. In addition to the
requirements described below, vessels
participating in an approved Sector
would be required to comply with the
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69399
Sector-specific AMs specified in Item 6
of this preamble, Sector reporting
requirements described in Item 8 of this
preamble, and Sector provisions
specified for individual SMPs outlined
in Item 12 of this preamble.
Sector Eligibility and Definition
Under the original Sector regulations
specified by Amendment 13, permits
held in CPH were prohibited from
participating in a Sector. This
prohibition appears to be merely an
unnecessary administrative barrier to
participation in Sectors, because
permits currently held in CPH can be
activated at any time by putting the
permit onto a skiff through a vessel
replacement. Amendment 16 would
remove this prohibition and allow
permits held in CPH to join Sectors. In
addition, under Amendment 13, only
vessels issued a NE multispecies DAS
permit could join Sectors. However,
because Amendment 16 proposes to rely
upon hard TACs to control Sector effort
rather than a combination of hard TACs
and DAS, vessels issued a limited access
NE multispecies Handgear A permit (a
permit that is not subject to DAS effort
controls) would be eligible to participate
in Sectors. Amendment 16 proposes that
vessels eligible to join Sectors must
have been issued a limited access NE
multispecies permit by April 30, 2008.
This date was intended to identify
permits that were eligible to join Sectors
by the start of FY 2008 on May 1, 2008,
in anticipation that Amendment 16
would be implemented by May 1, 2009.
While April 30, 2008, is the last date a
vessel could renew its FY 2007 permit,
vessels issued permits as of May 1,
2008, more accurately reflect the
Council’s intent to identify permits that
were eligible to join Sectors during FY
2008, as any permits that were not
renewed as of April 30, 2008, would
expire and would not be issued a permit
as of May 1, 2008. Therefore, NMFS has
revised the Sector eligibility criteria
proposed in Amendment 16 to reflect
that vessels issued limited access NE
multispecies permits as of May 1, 2008,
not April 30, 2008, are eligible to
participate in Sectors under
Amendment 16. Finally, consistent with
the Council’s Sector policy, Amendment
16 would specify a minimum number of
participants required to form a Sector by
proposing to define a Sector as a group
of three or more persons, none of whom
have an ownership interest in the other
two persons in the Sector. By specifying
that the three individuals must not have
an ownership interest in one another,
Amendment 16 attempts to address
concerns that Sectors would be a means
to circumvent the individual
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transferable quota referendum required
by the Magnuson-Stevens Act and
minimizes the administrative burden
associated with implementing a large
number of very small Sectors.
Operations Plan Requirements
Amendment 13 specified a number of
required elements that must be included
in each Sector operations plan.
Amendment 16 would add to those
requirements to provide additional
details regarding Sector reporting and
monitoring provisions, as well as to
better understand the composition and
effort distribution of participating
vessels so that the Council can better
evaluate the impacts of Sectors. These
additional operations plan requirements
include information about overage
penalties if a Sector exceeds its
allocation for any stock; detailed
information about the Sector’s
independent third-party dockside/
roving monitor service provider that
meets NMFS standards to monitor
Sector landings; detailed information
about a monitoring program for
discards; a list of all Federal and state
permits held by vessels participating in
the Sector; a list of specific ports where
Sector members will land fish with
specific exemptions provided for safety,
weather, and other reasons; TAC
thresholds and how the Sector would
notify NMFS once the threshold has
been reached; identification of potential
redirection of effort as a result of Sector
operations and any efforts to limit the
adverse effects of such redirection of
effort; and finally how NE multispecies
regulated species or ocean pout would
be avoided while participating in other
fisheries that have a bycatch of NE
multispecies regulated species and
ocean pout if the Sector does not
anticipate being allocated or acquiring
an allocation of NE multispecies
regulated species from another Sector.
This last requirement is only required if
the Sector anticipates operating in this
manner. Sector operations plans would
be required to be submitted by
September 1 of each year to ensure that
the operations plans and associated
analysis are reviewed in time to
implement such operations by the start
of the next FY on May 1. Operations
plans may address sector operations
over either a one or a two-year period,
provided the analysis is sufficient to
cover the duration of the applicability of
the operations plan. The Regional
Administrator would review each Sector
operations plan and associated analysis
and approve or disapprove such
operations, with implementation
through publication of a rule in the
Federal Register.
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Universal Sector Exemptions
Amendment 13 specified that Sectors
were not allowed exemptions from
particular measures, including yearround closures, permitting restrictions,
gear restrictions designed to reduce
habitat impacts, and reporting
requirements. Amendment 16 proposes
to maintain those restrictions, but also
to specify certain provisions from which
all Sectors would be exempt. These
‘‘universal exemption’’ provisions
include trip limits on stocks for which
the Sector receives an allocation (i.e., all
stocks except Atlantic halibut, ocean
pout, windowpane flounder, SNE/MA
winter flounder, and Atlantic wolffish);
seasonal closed areas; NE multispecies
DAS restrictions; the requirement to use
a 6.5-inch (16.5-cm) mesh codend when
fishing with selective gear (i.e., the
haddock separator trawl, the Ruhle
trawl, or other approved gear) on GB,
provided such vessels fish with a 6-inch
(15.24-cm) mesh codend; and portions
of the GOM Rolling Closure Areas (a full
description of the portions of the GOM
Rolling Closure Areas applicable to
Sectors is further described in this
proposed rule). These universal
exemptions are intended to minimize a
Sector’s analytical and administrative
burden associated with requesting such
exemptions on a yearly basis. Sectors
could still request and analyze
additional exemptions as part of their
yearly operations plans, but such
exemptions would need to be approved
by the Regional Administrator. The
provisions applicable to a Sector,
including any exemptions from existing
regulations, would be specified in a
LOA issued to Sectors by the Regional
Administrator, which must be possessed
on board participating vessels at all
times to facilitate enforcement of Sector
provisions.
Sector Allocations, Potential Sector
Contribution (PSC), and Annual Catch
Entitlement (ACE)
When Sectors were first implemented
under Amendment 13, Sectors were
only allocated a hard TAC for GB cod,
and relied upon DAS to control effort
for other stocks. Consistent with the
Council’s intent to transition from input
controls to output controls, Amendment
16 would no longer allow Sectors to use
DAS to control effort, relying instead on
hard TACs to control Sector catch.
Under Amendment 16, Sectors would
be allocated fishery resources for all NE
multispecies regulated species stocks,
with the exception of Atlantic halibut,
windowpane flounder, Atlantic
wolffish, and SNE/MA winter flounder,
and would not be allocated ocean pout.
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With the exception of SNE/MA winter
flounder, these stocks are not allocated
to Sectors, because they are primarily
bycatch species. Accordingly, vessels
have very little landings history for
these stocks that, when combined with
small overall ACLs, would result in very
small Sector allocations for each of
these stocks, which would complicate
and increase the cost of Sector
monitoring and would likely lead to
expansive closures once such small
allocations are harvested. Instead, the
Council has reduced incentives to target
these particular stocks by proposing to
prohibit possession of these stocks, with
the exception of Atlantic halibut, where
only one fish per trip would be allowed,
consistent with existing regulations.
Similar possession restrictions are
proposed for common pool vessels,
meaning that the ACLs for these stocks
would be used primarily to
accommodate bycatch in the NE
multispecies fishery. Although SNE/MA
winter flounder would not be allocated
to Sectors at this time, if the status of
SNE/MA winter flounder improves, this
stock would be allocated in a manner
similar to how other stocks would be
allocated to Sectors, as described below.
Sector allocations would be in the
form of an ACE for each stock, or the
maximum amount of a particular stock
that a Sector could catch—including
both landings and discards—on a yearly
basis. Each individual Sector’s ACE for
a particular stock would represent a
share of that stock’s ACL available to
commercial NE multispecies vessels
based upon the cumulative PSCs of
vessels participating in each sector. A
PSC represents an individual permit’s
share of the ACL for each NE
multispecies regulated species or ocean
pout stock based upon the individual
permit’s dealer landings available to
NMFS (see below for further detail),
including the landings histories for any
permit histories consolidated onto one
vessel prior to May 1, 2008, as part of
the existing DAS Transfer Program
provisions. These PSCs would remain
with the limited access permit
indefinitely, including upon
replacement of a vessel, or
consolidation with another limited
access NE multispecies permit on
another vessel. The ACE allocated to a
Sector would be valid only for one FY
and would be recalculated on a yearly
basis based upon changes to Sector
rosters. While Amendment 13
specifically restricted the size of an
individual Sector allocation to no more
than 20 percent of the yearly TAC for
any NE multispecies regulated species
or ocean pout stock, Amendment 16
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would eliminate that restriction to
further facilitate participation in
Sectors.
The PSC for each NE multispecies
regulated species or ocean pout stock
would be based upon historic landings
of each stock while operating under the
restrictions of a limited access NE
multispecies permit, including NE
multispecies regulated species or ocean
pout caught under a NE multispecies
DAS when participating in the skate or
monkfish fisheries. With the exception
of GB cod, the PSC for each stock would
be calculated by summing the dealer
landings for each permit during FYs
1996 through 2006. This value would
then be divided by the total landings of
each NE multispecies stock during the
same period by all permits eligible to
join Sectors to get the individual
permit’s share of the available
commercial ACL for each stock. The
landings history for each permit
includes all landings that can be
attributed to that permit. For limited
access NE multispecies Handgear A
permits, this includes landings by the
permitted vessel during FYs 1996
through 2003, before the adoption of the
limited access Handgear A permit
category in 2004. For GB cod, any vessel
owner that indicated his/her intent to
participate in one of the existing sectors
(i.e., the GB Cod Hook Sector or the GB
Cod Fixed Gear Sector) by signing a
preliminary roster for these sectors by
March 1, 2008, would be allocated a GB
cod PSC based upon documented
landings histories of this stock between
FYs 1996–2001, the years selected to
determine the GB cod allocation for
existing Sectors under Amendment 13.
This March 1, 2008, date was selected
because, at the time, the Council was
intending to implement Amendment 16
by the start of FY 2009 on May 1, 2009,
and needed to identify a fixed pool of
vessels eligible to participate in Sectors
so that PSCs could be calculated. A
separate GB cod allocation for vessels
intending to participate in one of the
existing Sectors was intended to
recognize the investment decisions
made by such vessels, based upon the
Sector allocation criteria established
under Amendment 13 in 2004. The
value of such investments may be
compromised if different allocation
criteria would have been selected under
Amendment 16. With the one exception
for GB cod, the allocation window of
FYs 1996–2006 is intended to provide a
large qualification window sufficient to
smooth out the impacts that yearly
changes to regulations may have had on
an individual vessel’s landings history.
Each limited access NE multispecies
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permit holder was sent a letter
identifying that permit’s PSC for each
stock, as proposed under Amendment
16. A process to correct data used to
calculate each permit’s PSC for each
stock was outlined in a May 1, 2009,
letter to all limited access NE
multispecies permit holders. This letter
is available on the NMFS Northeast
Regional Office Web site (https://
www.nero.noaa.gov).
Each Sector allocated ACE for stocks
managed under the terms of the U.S./
Canada Understanding (i.e., GB
yellowtail flounder, GB cod, and GB
haddock) would be allocated a specific
portion of such ACEs that could only be
harvested from the Eastern U.S./Canada
Area. The ACE specified for the Eastern
U.S./Canada Area portions of these
stocks would be proportional to the
Sector’s allocation of the overall ACL
available to commercial NE
multispecies vessels for these stocks.
For example, if a Sector is allocated 10
percent of the GB cod ACL available to
commercial NE multispecies vessels,
that Sector would also be allocated and
allowed to harvest 10 percent of that
ACE from the Eastern U.S./Canada Area.
In this example, if the overall GB cod
ACL available to commercial NE
multispecies vessels is 1,000 mt, of
which 100 mt is specified to the Eastern
U.S./Canada Area, this Sector would be
allocated 100 mt of GB cod, of which 10
mt would be allocated to, and could be
harvested from, the Eastern U.S./Canada
Area.
A Sector would only be able to fish
in a particular stock area if it is
allocated, or acquires through
transferring ACE from another Sector,
ACE for all stocks allocated to sectors in
that stock area. Catch for all allocated
NE multispecies regulated species or
ocean pout stocks, including both
landings and discards, would count
against a Sector’s ACE for a particular
stock. Sector vessels would be required
to retain all legal-sized NE multispecies
regulated species and ocean pout and
could only discard undersized fish for
all allocated stocks. Once a Sector’s ACE
for a particular stock is caught, a Sector
would be required to cease fishing
operations in that stock area until it
could acquire additional ACE for that
stock. If, in a particular FY a Sector
exceeds its ACE for a particular stock
after considering all ACE allocated to
that Sector or acquired from another
Sector, that Sector’s ACE for that stock
would be reduced by the amount of the
overage in the following FY. If there is
insufficient ACE allocated to a
particular Sector to cover the overage,
vessels participating in that Sector
would not be allowed to fish in the
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stock area for which the overage
occurred unless and until that Sector
acquires sufficient ACE from another
Sector to cover the remaining overage
(i.e., the overage that exists after
reducing the ACE for that stock to zero
for the following FY). For example, if a
Sector is allocated 10 mt of GB cod ACE,
but catches 25 mt of GB cod during the
previous FY, the GB cod ACE for the
following FY would be reduced to zero
and that Sector would be required to
acquire at least 5 mt (i.e., 15 mt overage
¥10 mt ACE allocated = 5 mt overage
remaining) of GB cod ACE in order to
fish in the GB cod stock area during the
following FY. If the Sector disbands,
individual participating vessels would
be subject to a reduction in PSC if
participating in another Sector, or a
reduction in allocated DAS if
participating in the common pool,
proportional to the individual vessel’s
share of the maximum overage that
occurred. For example, if a Sector
exceeds its GB cod ACE by 10 percent
and its pollock ACE by 15 percent, each
permit in that particular Sector that
enters the common pool during the
subsequent FY would receive a 15percent reduction in its Category A DAS
allocation for that FY. If a Sector
comprised of 10 permits/vessels exceeds
its GB cod ACE by 10,000 lb (4,536 kg)
during the previous FY, but later
disbands, each permit in that Sector that
joins another Sector during the
subsequent FY would have its GB cod
PSC temporarily reduced by 1,000 lb
(453.6 kg) during that FY. A Sector
could also specify additional penalties
to participating vessels as part of its
yearly operations plan. If the Sector
does not exceed its ACE for any stock,
but other vessels in the common pool or
another Sector exceed their sub-ACLs or
ACEs, respectively, the Sector’s ACE in
the following FY would not be reduced
as a result of such overages by other
groups. This is intended to ensure that
groups responsible for exceeding their
portion of the ACL for a particular stock
do not negatively impact other groups.
If a Sector exceeds its ACE at the end
of the FY, it could be held jointly and
severally liable for such an overage and
may be subject to a permanent reduction
in the Sector’s ACE (i.e., a permanent
reduction in individual vessel’s PSCs)
or a withdrawal of the approval of that
Sector in addition to the penalties
described above. Exceeding an ACE may
be evidence of inadequate monitoring
systems, poor compliance with an
operations plan, or a failure to adhere to
other regulatory requirements that could
potentially result in administrative or
enforcement action for these shortfalls,
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even if the Sector is able to complete
ACE transfers so that an ACE overage
does not exist at the end of the FY. In
addition to ACE overages, a Sector and
its participants could be held jointly
and severally liable for discarding legalsized fish or misreporting catch (both
landings and discards).
With the exception of GB yellowtail
flounder, a Sector would be allowed to
carry over up to 10 percent of unused
ACE for each stock into the following
FY, even if a Sector’s roster has changed
between those FYs. Any unused ACE
allocated for Eastern GB stocks would
contribute to the 10-percent carry-over
allowance for each stock as a whole, but
would not increase an individual
Sector’s allocation of Eastern GB stocks
during the following year. In addition,
a Sector would not be allowed to carry
over any unused ACE for GB yellowtail
flounder into the next FY. Although the
carry-over provisions specific to these
stocks are not specifically addressed in
Amendment 16, they are necessary to
effectively implement the provisions
proposed under Amendment 16 due to
the conflict between the proposed carryover provision and the existing U.S./
Canada Management Area requirements
pursuant to the authority granted to the
Secretary under section 305(d) of the
Magnuson-Stevens Act. Because the
U.S. portions of the TACs for GB
yellowtail flounder and Eastern GB cod
and Eastern GB haddock are specified
on a yearly basis as part of the
Understanding, allowing Sectors to
carry over any of these stocks could
result in U.S. harvest of these stocks
exceeding the U.S. portions of these
stocks for a particular FY if all vessels
fully harvested the TACs specified to
either Sectors or the common pool. This
could result in a violation of the
Understanding and the need to deduct
such overages during the following year
based upon existing regulations
implementing the Understanding.
Therefore, the slightly modified carryover provisions are intended to
minimize incentives for Sectors to catch
their entire ACE in each FY, and is
expected to reduce the likelihood that
overages would occur.
ACE Trading
All or a portion of a Sector’s ACE for
any NE multispecies regulated species
or ocean pout stock may be transferred
to another Sector at any time during the
FY, and up to 2 weeks into the
following FY. ACE transfers would be
approved by the Regional Administrator
through the submission of an ACE
transfer request form that details the
amount of ACE transferred and any
compensation exchanged. The Regional
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Administrator would approve/
disapprove such a transfer request based
upon whether the Sector is compliant
with applicable reporting requirements,
including the weekly Sector catch report
described below, and individual VTR
requirements. Such transfers would
only be valid for the FY requested on
the transfer request form. To ensure that
such ACE trading does not lead to
overfishing, Amendment 16 proposes
that NMFS would withhold 20 percent
of each Sector’s ACE for each stock for
a period of 61 days (i.e., through June
31) to accommodate any transfers of
ACE late in the FY and to allow
sufficient time for NMFS to evaluate
Sector catch data to determine if an
overage actually occurred.
DAS Transfer Requests by Sector
Vessels
The DAS transfer program involves
the permanent transfer of a vessel’s NE
multispecies DAS, along with any other
limited access permits and associated
fishing history. Because the fishing
history of each permit affects the ACE
allocated to each Sector, this action
would allow a Sector vessel to transfer
DAS and associated fishing history to
another vessel participating in that
vessel’s Sector, but would prohibit a
Sector vessel from transferring any DAS
to or from common pool vessels or
vessels participating in a different
Sector. This is necessary to facilitate the
administration of the DAS Transfer
Program without affecting the ACE
allocation of each Sector due to such
transfers.
Sector Monitoring and Reporting
Requirements
Amendment 16 would require Sectors
to develop mechanisms to adequately
monitor catch and discards by
participating vessels. One of these
mechanisms is an independent thirdparty dockside/roving monitoring
program that would observe offloads by
Sector vessels to ensure that landings
are accurately reported. This dockside/
roving monitoring program would be
required starting in FY 2010, and would
be funded by Sectors, unless otherwise
specified by NMFS. Dockside monitors
would observe offloadings directly to a
dealer, while roving monitors would be
used to monitor offloads to a truck for
later delivery to a dealer. Such a
program would need to employ a
dockside/roving monitor service
provider approved/certified by NMFS
based upon specific provider and
operational standards developed by the
Gulf of Maine Research Institute and
members of the fishing industry, in
consultation with NMFS, as further
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described in this proposed rule. During
FY 2010, the offloads of 50 percent of
trips by each Sector would be randomly
observed, with 20 percent randomly
observed in future years. In addition,
because discards and area fished are
critical elements in the monitoring of
Sector catch, Sectors would be required
to develop an adequate independent
third-party at-sea/electronic monitoring
program beginning in FY 2012. This
program would be used to verify area
fished and catch (landings and
discards), by species and gear type, for
the purposes of monitoring Sector ACE
utilization. Coverage levels would be
specified by NMFS on a yearly basis,
based upon a list of participating vessels
and gear types for each Sector. At a
minimum, such coverage would need to
be sufficient to ensure that the resulting
estimate of discards meets the
coefficient of variation specified in the
Standardized Bycatch Reporting
Methodology, but it is expected that
coverage is likely to be higher than this
minimum standard due to the need to
adequately monitor catch (both landings
and discards) and to minimize coverage
bias in each Sector. Electronic
monitoring could be used in lieu of
actual at-sea monitors, provided the
technology is deemed sufficient by
NMFS for a specific gear type and area
fished. At this time, NMFS has not
deemed electronical monitoring
technology sufficient for any gear or
area fished. Existing NMFS-funded
observer coverage would continue
under Amendment 16. Accordingly, any
at-sea monitoring coverage provided by
an approved Sector at-sea monitoring
program would be in addition to the
coverage provided by the NMFS-funded
observers. If a NMFS-funded observer
and an industry-funded at-sea monitor
are assigned to the same trip, the NMFSfunded observer would take precedence
and the at-sea monitor would not be
required to be deployed on that trip.
This is intended to provide sufficient
coverage, but minimize costs to
industry. To facilitate deployment of
dockside/roving and at-sea monitors
and enforcement of these provisions,
Amendment 16 would require vessels to
submit trip-start and trip-end hail
reports to the dockside/roving and atsea/electronic monitoring service
providers and to NMFS Office of Law
Enforcement, unless otherwise specified
in a Sector’s operations plan, as further
described in this proposed rule. The
details for any dockside/roving and atsea/electronic monitoring program must
be specified in each Sector’s annual
operations plans.
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Amendment 16 proposes that discards
would be monitored through the use of
a Sector-specific assumed discard rate,
unless NMFS deems that there are
sufficient observer or at-sea monitor
data available to specify a Sectorspecific in season discard estimate for
each stock/gear combination specified
in the FMP. Once sufficient data are
available, the Sector-specific in season
discard rate would apply to all trips
taken by Sector vessels for the
remainder of the FY, in lieu of the
assumed discard rate. If a trip is
observed by either an observer or at-sea
monitor, the discards reported by the
observer or at-sea monitor would be
used to document discards for that
particular trip instead of using an
assumed discard rate, regardless of
whether the Sector has developed an
approved at-sea monitoring program for
that FY.
The data and methodology used to
calculate a Sector-specific assumed or in
season discard rate is considered
administrative measures necessary to
administer the FMP and monitor Sector
catch. As a result, the manner in which
such rates are calculated may change on
a yearly basis. For FY 2010, NMFS
proposes to calculate the assumed
discard rate based upon observed trips
by Sector vessels during the previous
FY, by stock and gear type, as specified
in Section 4.2.3.5.3 of the Amendment
16 FEIS. If there are insufficient data to
develop an assumed discard rate at this
level, a fleet-wide stock and gear discard
rate would be used instead. When
calculating these discard rates,
regulatory discards of legal-sized fish
caused by trip limits would be excluded
to represent anticipated behavior under
Sectors. These assumed discard rates
would be calculated as often as
practicable, and would be used to add
a discard estimate to each landing by a
Sector vessel so that total catch can be
determined for each stock for each trip.
Based upon available funding, NMFS
intends to increase the NMFS-funded
observer coverage to include
approximately 38 percent of Sector trips
and 30 percent of common pool trips
during FY 2010, and possibly future
FYs.
Under Amendment 16, Sectors would
be required to submit an annual report
to NMFS by July 1 of each year that
details information necessary to
evaluate the biological, economic, and
social impacts of Sectors. The report
would be required to include harvest
levels of all vessels for all federally
managed species, enforcement actions,
and other information needed to
evaluate the performance of the sector.
In addition, Sectors would be required
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to submit weekly catch reports that
detail Sector catch and discard for each
stock allocated to that Sector, as
instructed by the Regional
Administrator. Under this proposed
rule, NMFS would require that Sectors
provide trip-level catch data, if
requested, to facilitate the auditing of
Sector catch data to ensure that data
used by Sectors are consistent with
those submitted to NMFS. This
additional requirement is based upon
the provision in Amendment 16 that
would allow other requirements of
Sector monitoring plans to be
implemented, as directed by the
Regional Administrator.
Authorization of Sectors
Amendment 16 would authorize 17
new Sectors and revise the provisions
for 2 existing Sectors. These Sectors are
described in Section 4.3.6 of the
Amendment 16 FEIS and include the
GB Cod Hook Gear Sector, GB Cod
Fixed Gear Sector, Sustainable Harvest
Sector, Port Clyde Community
Groundfish Sector, Northeast Fishery
Sectors I through XIII, Tristate Sector,
and the Northeast Coastal Communities
Sector. All operational aspects of these
Sectors would be specified in their
annual operations plans, as submitted to
NMFS. Details of these operations plans
will be published in the Federal
Register prior to their approval.
15. VMS Requirement
In Framework Adjustment 42, the
Council required all vessels fishing
under a NE multispecies DAS to use
VMS. This was considered necessary to
effectively administer and enforce many
of the area-specific measures proposed
in that action. Although vessels
participating in Sectors would no longer
be required to use a NE multispecies
DAS under Amendment 16, and vessels
issued either a limited access NE
multispecies Handgear A or Category C
permit were never required to use VMS
under Framework Adjustment 42, the
FEIS neither explicitly requires Sector
vessels to continue to use VMS, nor
explicitly exempts Sector vessels and
those issued either a Category C or
Handgear A permit from using VMS.
Because the area-specific measures
implemented under Framework
Adjustment 42 would continue to apply,
and because Amendment 16 relies upon
VMS as a medium to submit area
declaration, hail reports, and catch
information necessary to implement
provisions proposed under Amendment
16, NMFS is proposing to revise the
existing VMS regulations at § 648.10 to
require that all vessels issued a limited
access NE multispecies permit and
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69403
fishing under either the common pool
measures, or under the restrictions and
conditions of an approved Sector
operations plan, use a VMS for each NE
multispecies trip. Consistent with
existing VMS regulations, upon taking
either a common pool or a Sector trip,
a vessel issued a limited access NE
multispecies permitted must maintain
an operational VMS for the remainder of
the fishing year.
16. Framework Items
Amendment 16 proposes that the
following management measures could
be adjusted through a framework action,
in addition to those measures currently
identified as framework measures in the
FMP: Process for specifying and
distributing ABCs and ACLs; trimester
TAC distribution; Sector provisions,
including authorized Sectors; PSC
calculations; and any other provision
implemented under the FMP.
17. Corrections
This proposed rule would also correct
a number of inadvertent errors,
omissions, and ambiguities in existing
regulations in order to ensure
consistency with, and accurately reflect
the intent of previous actions under the
FMP. The following proposed measures
are listed in the order in which they
appear in the regulations and indicate
the genesis of the regulation and/or the
cause of the regulatory error.
NE Multispecies Vessel Replacement
Regulations
Most of the regulatory text regarding
NE multispecies vessel replacements
was implemented in 1996 by
Amendment 7 to the FMP (61 FR 27709;
May 31, 1996). On January 1, 2008, a
final rule that added additional
restrictions pertaining to vessel
replacements became effective (72 FR
43188; August 3, 2007), but the
applicability of requirements to vessels
with a Handgear A permit may not have
been clear. This action would clarify the
pertinent regulatory language to make it
clear that although the replacement
vessel size restrictions do not apply to
Handgear A vessels, the limitation on
one vessel replacement per year does
apply to these vessels.
The proposed action would also
clarify the gillnet tag requirements
referred to in the permit application
requirements portion of the regulations.
Framework Adjustment 40B eliminated
the gillnet tag requirement for Trip
gillnet vessels, but the pertinent
regulatory text in the permit
applications requirements was not
modified. This rule would correct this
oversight.
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SNE/MA Yellowtail Flounder Trip
Limit for the Atlantic Sea Scallop
Access Program
The regulations implementing the
Atlantic sea scallop access program
contain an incorrect trip limit for SNE/
MA yellowtail flounder for vessels
fishing in the Nantucket Lightship
Access Area of 250 lb (113.4 kg) per trip
between June 15 and June 30 and up to
1,000 lb (453.6 kg) per trip. This
incorrect trip limit corresponds to an
outdated seasonal yellowtail flounder
trip limit implemented under
Amendment 13. Framework Adjustment
42 to the FMP modified the SNE/MA
yellowtail flounder trip limit, but the
scallop regulations were not revised at
the time to reflect this change. This
action would revise the Atlantic sea
scallop access program regulations to
cross reference the correct SNE/MA
yellowtail flounder trip limit.
Regional Administrator Authority To
Modify or Delete an Existing Exempted
Fishery
The process specifying the addition or
deletion of an exemption was first
implemented in 1994 through an
emergency rule (59 FR 63926; December
12, 1994) and subsequently
implemented on a permanent basis by
Framework Adjustment 9 (60 FR 19364;
April 18, 1995). Under these
regulations, the Regional Administrator
had the authority not only to approve
new exemptions, but also to modify or
delete exemptions if they may
jeopardize meeting fishing mortality
objectives. Amendment 13 to the FMP
modified this exemption to allow
greater flexibility to the Council and
NMFS, but inadvertently removed the
language that explicitly provided
authority to the Regional Administrator
to modify or delete an existing
exemption. This rule would add such
language back in the regulations. This
correction, which is consistent with
Council intent, would allow greater
flexibility to administer the exempted
fishery program as NE multispecies
regulated species or ocean pout stocks
rebuild, while continuing to protect the
NE multispecies regulated species or
ocean pout stocks.
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GOM Scallop Dredge Exemption Area
Framework Adjustment 21 (62 FR
8404; February 25, 1997) implemented
the GOM Scallop Dredge Exemption
Area. The existing regulatory text
provides that limited access general
category scallop vessels and limited
access scallop vessels, not fishing under
a scallop DAS, fishing in the GOM RMA
‘‘may’’ fish in the GOM Scallop Dredge
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Exemption Area. This action would
clarify that such vessels fishing in the
GOM RMA must fish in the GOM
Scallop Dredge Exemption Area and are
prohibited from fishing in any other part
of the GOM RMA. This action also
would clarify that only dredge gear may
be used to harvest scallops in the GOM
Scallop Dredge Exemption Area.
SNE Scallop Dredge Exemption Area
Amendment 13 implemented the SNE
Scallop Dredge Exemption Area. The
existing regulatory text states that
general category scallop vessels and
limited access scallop vessels not
fishing under a scallop DAS, fishing in
the SNE RMA ‘‘may’’ fish in the SNE
Scallop Dredge Exemption Area. This
action would clarify that such vessels
fishing in the SNE RMA must fish in the
SNE Scallop Dredge Exemption Area
and are prohibited from fishing in any
other part of the SNE RMA. This action
also would clarify that only dredge gear
may be used to harvest scallops in the
SNE Scallop Dredge Exemption Area.
Lastly, the geographic area defined as
the SNE Scallop Dredge Exemption Area
currently extends west into the MidAtlantic Exemption Area (MAEA),
which provides no benefit to fishers, as
regulations specified for the MAEA do
not include restrictions on scallop
vessels such as exempted fisheries
similar to other exemption areas.
Therefore, the western border of the
SNE Scallop Dredge Exemption Area
would be corrected to coincide with the
eastern border of the MAEA.
Reference to Midwater Trawl as
Exempted Gear
To address bycatch of juvenile
haddock in the herring fishery,
Framework Adjustment 43 implemented
an exempted fishery that allows
midwater trawl gear to harvest herring.
Concurrently this gear was no longer
classified as exempted gear. This
proposed action would remove an
incorrect reference to midwater trawl
gear as exempted gear in the GOM
Rolling Closure Area regulations that
was overlooked when Framework
Adjustment 43 was implemented.
Revised Coordinates for Restricted
Gear Area 1
Framework Adjustment 22 to the FMP
and Framework Adjustment 4 to the
American Lobster FMP (March 10, 1997;
62 FR 10747) closed four defined areas
to vessels using certain gear types
during certain times of the year. The
final rule implementing these gear
closures inadvertently omitted point 72
of the inshore boundary of Restricted
Gear Area 1. This action would insert
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Restricted Gear Area 1 point 72 to make
the regulations consistent with
Framework Adjustment 22 and the
regulations implementing the American
Lobster FMP.
Clarification of the DAS Leasing
Program Regulations
Framework Adjustment 40B granted
each limited access NE multispecies
permit owner a one-time opportunity to
downgrade its DAS Leasing Program
baseline. The rationale was that, in
some cases, vessels are actually smaller
than the permit baseline attached to the
vessel (due to replacement of a vessel
with a smaller vessel) and downgrading
the DAS Leasing Program baseline to the
actual specifications of the vessel the
permit is associated with, would
facilitate use of the DAS Leasing
Program for those vessels. A
downgraded DAS Leasing Program
baseline remains in effect until the DAS
Leasing Program expires, or the permit
is transferred to another vessel via a
vessel replacement or through a DAS
transfer (unless the transferee vessel
baseline is adopted).
The regulations implementing
Framework Adjustment 40B failed to
address the situation in which a DAS
transfer results in a new DAS leasing
baseline created for the resultant single
permit associated with the vessel (e.g.,
a vessel adopts the length overall from
the transferor and the horsepower from
the transferee vessel). This action
proposes a clarification to the
regulations that would allow a one-time
DAS leasing baseline downgrade
opportunity for NE multispecies vessels
that result from a DAS transfer. This
modification is consistent with the
overall rationale for DAS Leasing
Program baseline downgrades.
Clarification of DAS Transfer Program
Regulations
Framework Adjustment 42 modified
and clarified the DAS Transfer Program
rules. Among these clarifications,
Framework Adjustment 42 specified
that ‘‘With respect to vessel baseline
characteristics, the receiving vessel
must adopt the smaller baseline of the
two vessels, or if the receiving vessel
has not previously upgraded, it may
adopt the larger baseline of the two
vessels. This would serve as the vessel’s
one-time upgrade.’’ However, the
regulations did not address whether or
not the receiving vessel involved in a
DAS transfer could elect to upgrade a
particular specification (e.g., length
overall) as part of the DAS transfer
transaction, and then upgrade another
specification (e.g., horsepower) through
a subsequent action (either a vessel
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replacement or another DAS transfer).
This rule would clarify that the upgrade
of any baseline specification under the
DAS Transfer program precludes any
future upgrades through subsequent
transactions. Secondly, Framework
Adjustment 42 removed a requirement
that the transferor vessel forfeit all other
permits (not required to be transferred),
but did not modify all the pertinent
regulatory text. This proposed rule
would remove such text.
U.S./Canada Management Area
Restrictions
Amendment 13 implemented the
U.S./Canada Management Area
regulations and provided the authority
for the Regional Administrator to
modify various management measures
of the U.S./Canada Management Area to
prevent over-harvesting of the Eastern
GB cod, Eastern GB haddock, or GB
yellowtail flounder TACs, or to facilitate
achieving the TACs for these stocks. The
U.S./Canada Management Area
regulations were subsequently modified
by Framework Adjustment 40A and
other actions. The regulations pertaining
to the cod trip limit under the U.S./
Canada provisions in § 648.85 do not
include language that states when 100
percent of the cod TAC is harvested, the
Eastern U.S./Canada Area will be
closed, as adopted in Amendment 13.
This closure provision is specified
elsewhere in the regulations (e.g.,
§ 648.85(a)(3)(iv)(E)), but inclusion of
this provision in the context of the cod
trip limit regulation would improve the
understanding of this regulation.
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Corrections to Stock Area Coordinates
in the Regular B DAS Program
For the purpose of the Regular B DAS
Program closures, stock areas were
defined in Framework Adjustment 40A.
The area defined for the CC/GOM and
SNE/MA stocks of yellowtail flounder
overlapped slightly and contained errors
in the coordinates specified. This action
would correct the coordinates
CCGOM12, CCGOM13, and SNEMA5
through SNEMA16 to maintain
consistency with the areas adopted
under Framework Adjustment 42.
Eastern U.S./Canada Haddock SAP
Gear Requirements
Framework Adjustment 40A
implemented the Eastern U.S./Canada
Haddock SAP Pilot Program. The final
rule disallowed the use of the flatfish
net in the SAP, but allowed the flatfish
net to be properly stowed on board the
vessel during such trips. At that time,
vessels were not allowed to fish inside
and outside of the Eastern U.S./Canada
Area on the same trip. In 2006,
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Framework Adjustment 42 modified the
U.S./Canada restrictions to allow vessels
to fish both inside and outside of the
Eastern U.S./Canada Area on the same
trip. Framework Adjustment 42
modified and renewed the SAP for a 2year period, but did not change the
stowage provision. A later rule that
implemented gear performance
standards (72 FR 72967; December 26,
2007) allowed other gear to be stowed
when vessels were fishing in the Eastern
U.S./Canada Area, but neglected to
modify the regulations that pertain
specifically to the Eastern U.S./Canada
Haddock SAP to reflect this broader
change. This action, therefore, would
correct the regulations to allow the
stowage of other types of gear when
fishing in the Eastern U.S./Canada
Haddock SAP, to be consistent with the
overall rules for the Eastern U.S./Canada
Area.
18. Transfer of ACE by NOAAsponsored Permit Banks
NMFS is proposing that any stateoperated permit bank sponsored by
NOAA be considered a Sector for the
exclusive purpose of transferring ACE to
qualifying Sectors. NMFS is currently
working with the Maine Department of
Marine Resources on a Memorandum of
Agreement that would establish a
permit bank operated by the State of
Maine and sponsored by NMFS.
Allowing a permit bank to lease ACE to
Sectors would facilitate the ability of the
permit bank to minimize any adverse
socio-economic impacts to fishing
communities associated with catchshare programs.
Permit banks would be allocated ACE
for a FY based on the PSCs of permits
owned by the permit bank that are
declared as ACE permits for that fishing
year. Similar to the annual election
decision of a permit holder to enroll his/
her limited access NE multispecies
permit in a sector or fish in the common
pool, a permit bank would make an
annual declaration for each permit as
either an ACE permit or a DAS permit.
All or a portion of a permit bank’s
ACE for any NE multispecies stock
would be eligible for transfer to a
qualifying Sector at any time during the
FY. Qualifying Sectors would be
determined by the provisions of the
Memorandum of Agreement between
NMFS and the state operating the
permit bank. Permit banks would only
be authorized to act as the transferor in
an ACE transfer and would be
prohibited from acting as the transferee
in an ACE transfer.
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69405
Request for Comments
The public is invited to comment on
any of the measures proposed in this
rule. NMFS is especially interested in
receiving comments on the following
proposed substantive measures:
Description of the rope trawl,
integration of wolffish into the trimester
TAC AM and the proposal not to
include a trimester TAC trip limit
adjustment under this AM, as described
in Item 6 of this preamble; potential
disapproval of the GOM Haddock
Gillnet Pilot Program, as described in
Item 9 of this preamble; and NMFS’s
interpretation of the May 1, 2008, date
to determine eligibility for Sector
participation, as described in Item 14 of
this preamble. NMFS is also specifically
seeking public comment on several
measures proposed in this action that
are necessary to administer, enforce,
and implement provisions adopted by
the Council in Amendment 16. These
measures include: (1) Increased
frequency of VTR submissions; (2) pretrip observer notification requirements;
(3) description of the rope trawl for use
in RGAs; (4) DAS allocation and
charging provisions for Sector vessels;
(5) operational standards for dockside
and at-sea monitoring programs,
including trip start and end hail reports;
(6) details of Sector catch reports; (7)
carry-over restrictions for unused ACE
for transboundary stocks managed by
the Understanding; (8) details for the
AMs that would be triggered if the
overall ACL for a stock is exceeded, (9)
VMS requirement for Sector vessels; and
(10) ACE trading provisions for permits
in a NOAA-sponsored permit bank.
While noting statutory constraints on its
flexibility to add any new substantive
measures, NMFS encourages the public
to provide input on more effective,
efficient, and less costly ways to
implement the measures proposed
under Amendment 16.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Amendment 16 to the NE
Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
Further, pursuant to section 303(c) of
the Magnuson-Stevens Act, the Council
has deemed this proposed rule as
necessary and appropriate to implement
Amendment 16.
The Council prepared a DEIS, which
analyzed the impacts of all of the
measures under consideration in
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Amendment 16. A notice of availability
of the DEIS was published on April 24,
2009 (74 FR 18705). In summary, the
alternatives considered would reduce
fishing mortality on most NE
multispecies stocks, with impacts
varying among stocks and alternatives
considered. The alternatives considered
in the DEIS would have met the
biological objectives for most, but not all
of the stocks managed by the FMP. The
alternatives considered have since been
revised to ensure that all alternatives
achieve the biological objectives of this
action, with the exceptions noted above.
None of the alternatives considered are
expected to have adverse impacts on
EFH or protected species beyond those
described by earlier actions. The
economic impacts analyzed in the DEIS
have been revised based on changes to
the measures since the publication of
the notice of availability and are
summarized below in the discussion of
the IRFA. Although there would likely
be short-term negative economic and
social impacts associated with this
action, there would likely be positive
long-term biological, economic, and
social impacts as stocks rebuild and
more sustainable fisheries and fishing
communities are maintained.
This rule has been determined to be
significant for purposes of E.O. 12866.
An IRFA was prepared, as required by
section 603 of the Regulatory Flexibility
Act (RFA). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, and the legal basis for
this action are contained at the
beginning of this section in the
preamble and in the SUMMARY. A
summary of the analysis follows. In this
analysis, the baseline (no-action
alternative) is the set of measures that
were in place during FY 2008 (i.e., the
measures implemented prior to the FY
2009 interim action). Tables and
sections that are referenced in this IRFA
refer to those contained in the FEIS
developed for Amendment 16. A copy
of this analysis is available from the
Council (see ADDRESSES).
Description of and Estimate of the
Number of Small Entities to Which the
Proposed Rule Will Apply
The proposed action would
substantially change the provisions
developed under Amendment 13
affecting Sector formation and effort
controls for commercial fishing vessel
owners that do not choose to join a
sector. Among vessel owners that
possess a permit to land regulated
species or ocean pout, only limited
access permit holders would be eligible
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to join a Sector under Amendment 16,
including those held in CPH. Vessel
owners that possess only an open access
permit would continue to be regulated
through effort controls under the
provisions of the common pool.
The proposed action would
implement changes affecting any vessel
holding a limited access NE
multispecies permit, an open access
handgear permit (Handgear B permit),
and vessels that hold an open access
charter/party permit. Based on FY 2007
data contained in Sections 6.2.3 and
6.2.5.5 of the Amendment 16 FEIS, the
total number of small entities that may
be affected would be 3,854 permit
holders, including 1,530 limited access
permit holders, 1,292 open access
Handgear B permit holders, and 762
open access charter/party permits. Of
the 1,292 vessels issued Handgear B
permits, only 75 reported landing cod,
suggesting that the number of such
permits affected by this action may be
substantially smaller than the number of
vessels actually issued Handgear B
permits. However, past fishing activity
may not be an accurate predictor of
future fishing activity, particularly
because Amendment 16 would
substantially increase cod possession
limits for vessels issued Handgear B
permits. During FY 2007, 128 of the 762
open access charter/party permit
holders reported taking at least one forhire trip, of which 74 reported keeping
NE multispecies on one or more trips.
An additional 29 limited access permit
holders reported taking passengers for
hire, of which 18 reported keeping NE
multispecies on one or more for-hire
trips. Thus, a total of 92 charter/party
operators participated in the charter/
party recreational NE multispecies
fishery during FY 2007. As of
September 1, 2009, 723 vessels elected
to join a Sector during FY 2010, as
determined through the submission of
annual Sector operations plans.
However, vessels may withdraw from
Sectors until the beginning of FY 2010
on May 1, 2010. Therefore, because
participation in Sectors is voluntary, the
number of vessels that will actually
participate in Sectors during FY 2010
and future years is likely to fluctuate
based upon whether joining a Sector or
fishing under common pool measures
offers the greater economic advantage to
each individual vessel.
The Small Business Administration
(SBA) size standard for commercial
fishing entities (NAICS code 114111) is
$4 million in sales, while the size
standard for charter/party operators
(part of NAICS code 487210) is $7
million in sales. Available data indicate
that, based on 2005–2007 average
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conditions, median gross sales by
commercial fishing vessels were just
over $200,000, and no single fishing
entity earned more than $2 million.
Available data are not adequate to
identify affiliated vessels, so each
operating unit is considered a small
entity for purposes of the RFA. For
regulated charter/party operators, the
median value of gross receipts from
passengers was just over $9,000, and did
not exceed $500,000 in any year during
2001 to 2007. Therefore, all regulated
commercial fishing and all regulated
charter/party operators are determined
to be small entities under the RFA, and,
accordingly, there are no differential
impacts between large and small entities
under this proposed rule.
Economic Impacts of the Proposed
Action
Overall Measures
Revised Status Determination Criteria
and Rebuilding Programs
Amendment 16 would revise the
status determination criteria for each
stock, implement new rebuilding
programs for stocks newly classified as
overfished, and update existing
rebuilding programs. The revised status
determination criteria would produce a
MSY that is approximately 75 percent of
the MSY of the existing status
determination criteria. Accordingly,
revenues associated with rebuilt stocks
under Amendment 16 would be
expected to be less than under the
existing status determination criteria.
However, the existing status
determination criteria are no longer
based upon the best available science
and may not represent biomass or F
levels that are sustainable. The new or
revised rebuilding programs would
result in reduced yield and, therefore,
reduced revenue in the short term for
some stocks, but should lead to higher
yields and revenues than those expected
from the no action alternative in the
long term when stocks are rebuilt.
ABC/ACL Setting Process
Amendment 16 proposes a process by
which ABCs/ACLs would be established
for each stock. Based upon National
Standard 1 Guidelines, this process
would include setting ABCs and ACLs
below the OFL for each stock to account
for scientific and management
uncertainty. This results in an
opportunity cost to all vessels that catch
NE multispecies in the form of reduced
yield for each stock. In addition, this
process would distribute the available
ACLs among components of the fishery
that catch NE multispecies, including
both the directed commercial and
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recreational fisheries, and fisheries that
catch NE multispecies as bycatch. The
allocation between commercial and
recreational fisheries may prove to
constrain catches of each of those user
groups, especially if future catch rates
differ from historical patterns. AMs
would be specified for the directed
fisheries, but most fisheries that catch
minor amounts of NE multispecies as
bycatch would not be subject to any
AMs due to the high administrative cost
and complexity associated with
monitoring catch in these fisheries.
However, because an overage in the
total ACL for any stock would need to
be made up by the component of the NE
multispecies fishery that is subject to
AMs, the directed fishery would be
subject to reductions in catch and the
associated economic impacts as a result
of any AMs triggered by an overage in
other fisheries.
Simultaneous Issuance of a Limited
Access Atlantic Sea Scallop and a
Limited Access NE
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Multispecies Permit
This measure would enable vessel
owners to make more efficient use of
existing capital by allowing limited
access scallop permit holders to acquire
a limited access NE multispecies permit
and vice-versa, resulting in higher
profitability and lower costs associated
with operating two separate vessels.
Because the scallop fleet has access to
more capital and is generally located in
SNE, the proposed action could change
the distribution of NE multispecies
activity as well as the competitive
position of NE multispecies vessels to
focus fishing effort on GB and SNE
stocks of NE multispecies. Based upon
analysis included in Section 7.5.1.2.9 of
Amendment 16, the major NE
multispecies principal port states—
Maine, New Hampshire, Massachusetts,
and Rhode Island—are likely to
experience a net loss in the number of
NE multispecies permits by the
acquisition of limited access NE
multispecies permits by scallop vessel
owners, as will New York. Connecticut,
New Jersey, and Virginia could see a net
increase in the number of NE
multispecies permits.
Size Limits for Haddock and Atlantic
Halibut
Amendment 16 would decrease the
haddock minimum size limit to 18
inches (45.7 cm). Reducing the
minimum size for haddock would allow
the landing of some undersized fish that
would otherwise be discarded, and
increase fisheries revenues, provided
gear selectivity does not change. If
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selectivity or fishing patterns change to
target these smaller fish, the increase in
revenue caused by landing smaller fish
would be offset by yield lost because
those fish would not be harvested at
older ages and sizes. The gains from this
measure will likely fluctuate as year
class size changes. When a large year
class enters the fishery, as was the case
with the 2003 year class in 2007 and
2008, this measure would have more of
an impact on revenues than when
average or below average year classes
recruit to the fishery.
Amendment 16 would increase the
minimum size limit for Atlantic halibut
to 41 inches (104.1 cm) to reflect the
median length at maturity for female
halibut in the GOM and increase
opportunities for additional halibut to
spawn prior to capture. Available data
indicate that revenue from landings of
Atlantic halibut ranged from $96,000 in
CY 2004 to $232,000 in CY 2007.
However, the mean size of landed fish
was 35.6 inches (90.5 cm), less than the
current minimum size of 36 inches (91
cm). Therefore, assuming full
compliance with the increased size
limit, the proposed action would likely
reduce revenue from landings of
Atlantic halibut, but by an unknown
amount.
Reporting Requirements
Amendment 16 proposes a series of
new reporting requirements that would
involve costs to vessels issued a NE
multispecies permit and operating
either under a NE multispecies DAS or
on a Sector trip. These vessels would be
required to declare the broad stock areas
to be fished prior to each trip and, for
vessels fishing in multiple broad stock
areas, an estimate of landings of each
species from each broad stock area prior
to returning to port. These reports
would be sent via VMS at a cost to
industry of approximately $0.764 per
declaration, or approximately $1,910 for
all vessels each year. The vessels most
affected by this provision include those
that fish at least part of a trip in the
Inshore GB Stock Area 2, an area just off
the eastern shoreline of Cape Cod, MA—
a smaller area that is often fished in
during multi-area trips. In addition,
these vessels would be required to
provide a pre-trip notice via a call to the
NMFS NEFOP to facilitate the
deployment of observers, but this would
not result in any additional costs to
industry participants.
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69407
Measures Applicable to Commercial
Vessels
Common Pool Measures
The Closed Area Model (CAM) was
used to estimate both the biological and
economic impacts of effort controls
proposed under Amendment 16. This
model has been successfully employed
to estimate the impacts of previous
actions. The details of the latest
iteration of the CAM, including
improvements made to the model since
it was last used to evaluate the impacts
of Framework Adjustment 42, are
detailed in Appendix II of Amendment
16.
Since the number of vessels that
would join a Sector was not known at
the time the economic analysis
contained in the Amendment 16 FEIS
was completed, the economic impacts of
the proposed action effort control
measures reported in Section 7.5.11.1.3
were based on the assumption that no
new Sectors were formed. Under this
assumption, vessels operating under the
common pool may be expected to
experience total fishing revenue losses
of 9.8 percent ($15.4 million) relative to
a 2005–2007 baseline. This impact is
only slightly larger than the estimated
reduction in revenue associated with
the interim action measures (9.5
percent, or $14.8 million) using the
same 2005–2007 baseline. This means
that the aggregate impact of the
proposed action may have only slightly
higher economic impacts beyond those
expected to occur as a result of the 2009
interim action. However, since there are
substantial differences between the 2009
interim action and the proposed action,
the impacts may be expected to differ
among participating vessels even though
the aggregate estimated impacts were
similar.
Estimated impacts for the proposed
action suggest that the impact on fishing
revenue may be expected to be larger on
smaller vessels, in terms of length
overall, compared to larger vessels.
Similarly, impacts on gillnet vessels
tended to be higher than impacts on
trawl vessels. These tendencies may be
a reflection of the differential impacts
associated with Trip or Day gillnet boat
status. That is, both Trip and Day boats
are affected by the same DAS reduction.
However, the 24-hr clock is likely to
have a larger impact on Day boats, since
most Day-boat trips are less than 24-hr
in duration. In some respects, the 24-hr
clock has economic effects that are
similar to differential DAS counting,
since the number of trips that may be
taken given the same allocation of DAS
is reduced. The extent to which the
increased trip limit for GOM cod
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mitigates this effect on Day boats is
uncertain, however.
The proposed action would
implement two restricted gear areas that
would limit the use of fishing gear to
gear that meet specified performance
characteristics and would reduce
bycatch of flatfish—winter flounder and
yellowtail flounder in particular. The
designated restricted gear areas
correspond to the SNE/MA stock areas
for these two species. Vessels that elect
to fish in the common pool would be
required to adopt specialized gear at an
estimated cost of $13,000 for a complete
setup, or about $750 per vessel to
modify existing gear. Sector vessels
would not be subject to the restricted
gear area provisions.
Amendment 16 proposes to increase
trip limits for cod and yellowtail
flounder, but prohibit the retention of
SNE/MA winter flounder, windowpane
flounder, ocean pout, and Atlantic
wolffish. The increased possession limit
for cod may be expected to offer
improved economic opportunities to all
common pool vessels, but particularly
to vessels currently issued a NE
multispecies Handgear B permit,
including the 75 vessels that have
recently landed cod under this permit,
and fishing businesses that may acquire
such a permit in the future. The
expected economic impacts of the
collective suite of revisions to trip limits
are captured in the cumulative analysis
of common pool measures described
above. Given recent landings trends, the
proposed prohibition on the possession
of Atlantic wolffish would reduce
commercial fishing revenues, including
revenues by both common pool and
Sector vessels, by roughly $100,000 to
$150,000 per calendar year. These lost
revenues would not be replaced in the
near future unless the stock rebuilds
rapidly, which is not expected.
The principal common pool effort
controls under the proposed action (i.e.,
DAS reductions and 24-hr DAS
counting) would apply to limited access
vessels that are managed by DAS (i.e.,
vessels issued a limited access NE
multispecies Category A, D, E or F
permit), but would not affect either
Category C permits (small vessel
exemption), or Handgear A vessels.
While the DAS restrictions would not
affect these vessels, they would benefit
from the same increase in trip limits
applicable to DAS vessels, including the
change in trip limits for GOM cod and
CC/GOM yellowtail flounder under
common pool measures. The GOM cod
possession limit would be increased
from 300 lb (131.6 kg) to 750 lb (340.2
kg) per DAS, while the overall CC/GOM
yellowtail flounder trip limit would
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increase from 1,000 lb (453.6 kg) per trip
to 1,500 lb (680.4 kg) per trip (the daily
limit would be maintained at 250 lb
(113.4 kg) per DAS). Additionally, since
vessels with these permits are not
regulated by DAS, they would not be
subject to the proposed commercial
common pool AMs. Given the economic
considerations presented by the effort
control measures, vessels with limited
access Category C or Handgear A
permits may be expected to have
comparatively little PSC to bring to a
Sector, and may be expected to have
substantially improved economic
opportunities under the common pool
measures compared to the FY 2009
interim action. In fact, none of the 11
limited access Category C permit
holders had elected to join a Sector as
of September 1, 2009, and only 6 of the
130 Handgear A permit holders had
elected to join a Sector. Of the
remaining 522 limited access NE
multispecies vessels that had not
elected to join a Sector, 337 DAS permit
holders had no Category A DAS, of
which 164 had not qualified for a PSC
for any stock. These vessels may still be
able to participate in the NE
multispecies fishery, but would only be
able to do so through the DAS Leasing
Program. Among the vessels that did not
join a Sector and either had some PSC
and/or had been allocated at least one
Category A DAS, the reasons for electing
to remain in the common pool are
uncertain. Many of these vessels may
have had low PSCs, may have not been
accepted by any Sector, considered the
cost of joining a Sector to be too high,
or made a business decision in which
the economic opportunities of fishing
under effort controls to be superior to
joining a Sector.
An evaluation of the number of
Category A DAS that are necessary to
cover annual fixed costs is described in
Section 7.5.1.3.1.2 of Amendment 16.
This analysis suggests that the total
number of Category A DAS needed for
all limited access permit holders that
participated in the NE multispecies
fishery to break even were estimated to
be 34,078 DAS. However, many vessels
cannot break even on their DAS
allocations alone, and rely on the DAS
Leasing Program to acquire the
additional DAS needed to remain
profitable. The proposed action would
reduce Category A DAS by 50 percent
and is expected to result in about 22,000
allocated Category A DAS. The two
proposed changes to DAS charging
measures (i.e., 24-hr DAS counting and
elimination of differential DAS
counting) would have little impact on
the break-even DAS needed for a vessel
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that has been conducting fishing trips
that are longer than 24 hr in duration,
but may increase the break-even DAS
needed for vessels that have been
conducting fishing trips that are less
than 24 hr in duration. While the trip
limit changes may offset some of the
need for additional DAS for vessels that
fish in the GOM and GB, it is unlikely
that the same benefits will occur in the
SNE area due to the prohibition on the
retention of SNE/MA winter flounder.
Although carry-over DAS from the
previous FY, and DAS available through
the DAS Leasing Program, may
potentially mitigate the potential
shortage of available DAS, overall, there
are not enough Category A DAS to cover
annual fixed costs. However, for vessels
that can access and participate in the
CA I Hook Gear Haddock SAP, the
Regular B DAS Program, the Eastern
U.S./Canada Haddock SAP, and/or the
modified CA II Yellowtail Flounder/
Haddock SAP, there may be enough
opportunities to use Category B DAS
that the vessels can cover fixed costs.
DAS Leasing and Transfer Revisions
The DAS Leasing and Transfer
Programs would be revised under
Amendment 16 to facilitate
participation in these programs by
allowing permits in CPH to participate,
eliminating the DAS conservation tax in
the DAS Transfer Program, and by
eliminating the cap on DAS that may be
leased. Allowing permits in CPH to
participate in this program would
eliminate some of the administrative
burden and costs associated with
activating a permit, such as postage,
documentation fees, etc. Eliminating the
conservation tax for DAS transfers
would likely encourage participation in
this program. However, while
eliminating the conservation tax may
improve the financial gain to the owner
through increased opportunities to fish
(i.e., more DAS or ACE) and reduced
operation costs, such gains may not be
sufficient to offset the financial loss
associated with having to give up
duplicate permits as part of this
program. Note that this financial loss
may be in terms of business equity
rather than a loss in current fishing
income or profitability since the value
of retaining two vessels with a suite of
permits may be larger than the value of
a single vessel with the same number of
DAS but fewer permits. Finally, by
removing the DAS leasing cap, one
vessel can fish all of those DAS,
reducing the fixed costs of maintaining
two vessels and increasing the
efficiency of operating multiple vessels.
Because the CAM has been revised to
account for exchanges of DAS through
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the DAS Leasing Program based upon
previous individual vessel participation
in the DAS Leasing Program, the ability
of the DAS Leasing Program to help
mitigate the economic impacts of
proposed effort controls is incorporated
into the overall economic impacts of
common pool measures, as discussed
above.
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SMPs and SAPs
Amendment 16 would revise the
existing SAPs to facilitate the targeting
of healthy stocks of haddock, including
the continuation of the Eastern U.S./
Canada Haddock SAP, and would revise
the provisions of the Regular B DAS
Program to reduce catch of pollock in
this program to rebuild this stock.
Changes to the CA I Hook Gear Haddock
SAP would provide greater access to the
SAP among Sector and common pool
vessels alike. The overall haddock TAC
for this SAP would still limit the total
economic gain and potential removals
from the SAP, but since the TAC had
not been reached in the past, these
changes increase the likelihood that the
full benefit from the SAP would be
realized. Changes to the CA II Yellowtail
Flounder/Haddock SAP would also
increase economic return to
participating vessels, as more of the
available Eastern GB haddock TAC
available to U.S. vessels would likely be
harvested. However, given its distance
from shore, vessels able to take
advantage of this economic opportunity
would be limited to larger vessels. There
would be some costs incurred to
participate in this SAP, as specific gear
is required, but these costs are likely to
be incurred anyway as the vessels that
fish in this SAP probably have already
obtained the gear to fish in the Eastern
U.S./Canada Haddock SAP and the
Eastern U.S./Canada Area.
The elimination of the SNE/MA
Winter Flounder SAP under
Amendment 16 would prohibit vessels
fishing for summer flounder in western
SNE from landing up to 200 lb (90.7 kg)
of SNE/MA winter flounder without the
use of a NE multispecies DAS. Based on
historical data, it is likely that the
revenue losses from this change will not
exceed $200,000 per year and are likely
to be closer to $150,000. Since this
action also proposes to prohibit the
possession of SNE/MA winter flounder,
even if a vessel is allocated NE
multispecies DAS, it may incur an
opportunity cost by not being able to
use those DAS to land SNE/MA winter
flounder, but could gain back some
losses by leasing those DAS to another
vessel.
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Common Pool AMs
For common pool vessels, a
differential DAS counting AM would be
implemented for FYs 2010 and 2011,
while a trimester TAC AM with
associated area closures and trip limit
adjustments would be implemented for
FY 2012 and beyond under the
proposed action. Generally, increasing
the differential DAS rate throughout the
fishery as a result of an ACL overage
would reduce the number of DAS
available to the fishery and make it
more difficult for NE multispecies
fishing vessels to recover fixed costs. If
the differential DAS rate is reduced
because catches are below ACLs for all
stocks, the opposite occurs: More DAS
become available and revenues and
profits would be expected to increase.
Changes in differential DAS counting in
one area and not another may result in
effort shifts that not only modify the
expected biological impacts of the
measure, but that could alter the
economic impacts. Increased fishing in
areas that are not subject to differential
DAS counting as a result of
implementing differential DAS counting
in other areas under this AM might
result in higher landings of certain
species of fish from these areas that
depress prices for such stocks and
reduce revenues for vessels fishing in
these areas. Further, if the differential
DAS AM is triggered by an ACL overage
for a minor stock, yields for all stocks
caught in the area would be reduced,
even those that are healthy. Thus,
vessels may be affected by differential
DAS counting due to an overage for a
stock that they may not even catch.
Starting in FY 2012, the triggering of
area closures and revisions to trip limits
under the trimester TAC AM may
disrupt the market and result in
fluctuating prices. This system would
also impose additional costs on
common pool vessels, as they would be
responsible for paying for dockside
monitoring costs for 20 percent of
common pool trips. Unlike Sectors,
common pool vessels would remain
subject to the inefficiencies of the effort
control system and are limited in their
ability to modify behavior to increase
profits and absorb the increased
reporting costs. Over the long-term, the
implementation of effective AMs would
be expected to contribute to rebuilding
of NE multispecies stocks as biological
objectives are achieved. This would be
expected to increase the revenues for
the commercial fishery and the
recreational harvest as fishermen benefit
from stock rebuilding. However, specific
AMs could have different economic
impacts based upon the measures
implemented at that time.
Sector Measures
The proposed action would allow any
vessel owner that holds a limited access
NE multispecies permit to join a Sector,
or remain subject to the effort controls
of the common pool, offering vessel
owners greater flexibility in making
business decisions. This means that the
decision whether or not to join a Sector
may be expected to be based on whether
joining a Sector, or opting to stay in the
common pool, offers the greater
economic advantage. Since Sectors
would be granted a set of universal
exemptions and may request additional
exemptions from other regulations,
Sector vessels may be able to operate in
a more economically efficient manner.
For example, trawl vessels in Sectors are
likely to increase catch rates and fish
fewer days, reducing trip costs and
increasing profitability. However, the
economic benefits of Sector
participation also depend on ACE
allocations. Because Amendment 16
proposes to prohibit the possession of
SNE/MA winter flounder, it would be
difficult for sectors using trawl, and
perhaps gillnet gear, to identify fishing
techniques that can be used in the SNE/
MA stock area without catching SNE/
MA winter flounder—particularly if the
vessels intend to target yellowtail
flounder. For this reason, certain Sectors
that intend to operate in this area may
receive limited economic benefits from
this action, and joining Sectors may
actually limit fishing opportunities for
vessels that operate in these areas.
Sectors would have to bear the
administrative costs associated with
administering and monitoring Sector
operations, including costs associated
with a Sector manager, dockside
monitoring, and at-sea/electronic
monitoring. The magnitude of the
administrative costs for Sector
formation and operation was estimated
to range from $60,000 to $150,000 per
Sector, and the potential cost for
dockside and at-sea monitoring ranged
from $13,500 to $27,000 per vessel.
Although these estimates are uncertain,
they serve to illustrate the fact that the
potential administrative costs associated
with joining a sector may be expected to
influence a vessel owner’s decision. At
least for FY 2010, the majority of these
administrative costs would likely be
subsidized by NMFS. Whether these
subsidies, which include providing
financial support for preparation of
Sector EAs, dockside monitoring, and
at-sea monitoring, will continue beyond
FY 2010 is not known. Nevertheless,
these subsidies may make joining, or
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continuing to participate in a Sector a
more attractive economic alternative
during FY 2010 than otherwise.
However, since Sectors are selfselecting, some vessel owners may not
be accepted into the Sector of their
choice, or any Sector at all. Vessel
owners with little or no PSC to
contribute to a Sector’s overall ACE may
find it difficult to find a Sector that will
accept them and may be forced to
remain in the common pool.
The proposed action would allow
ACE to be traded between Sectors to
provide additional flexibility in the
event that: (1) The initial portfolio of
ACE for each Sector does not match the
Sector’s desired ACE portfolio, or (2) a
Sector exceeds its ACE and needs
additional ACE to cover the overage and
continue fishing. The qualification
criterion used to compute the PSC for
each stock means that allocations of
ACE may or may not be consistent with
recent fishing patterns. While interSector trading of ACE will allow Sectors
to balance initial and desired quota
allocations, this is not likely to be a
costless transaction. Based on Sector
rosters submitted to NMFS as of
September 1, 2009, the potential
shortfalls or surplus in ACE for any
given Sector was evaluated for each
Sector. For several Sectors, there was
reasonable correspondence between
recent landings and the Sectors’ ACE. In
other cases, Sectors either have
substantial potential surplus or deficits,
depending on the stock. Thus, some
Sectors may need to rely upon ACE
trading to ensure that sufficient ACE is
available to maintain fishing operations,
at least when compared to recent fishing
activity, even though it is unclear
whether recent fishing patterns by
participating vessels would continue
under Amendment 16.
The economic impacts of the
proposed Sector measures cannot be
reliably quantified, since any given
Sector may be expected to operate in a
different manner. A quantitative
estimate of the economic impact of the
proposed action effort control measures
on fishing businesses were reported in
Section 7.5.11.1.3 of Amendment 16.
However, a more precise estimate of the
economic impact of each Sector is
expected to be included in the
environmental assessment
accompanying annual Sector operations
plans submitted to NMFS for approval
and implementation for FY 2010. Since
joining a Sector is voluntary, the
economic impact on individual small
fishing businesses that choose to join a
Sector may be expected to be less than
that estimated for the common pool.
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Measures Applicable to Recreational
and Charter/Party Vessels
The proposed action would
effectively continue most of the
management measures implemented
under the 2009 interim action, with the
exception of the GB cod trip limit of 10
cod per person per day for charter/party
vessels. For this reason, the proposed
action would not have any economic
impacts over and above what had
previously been analyzed, but would
likely have fewer economic impacts
than the 2009 interim action due to the
absence of a possession restriction on
GB cod for charter/party vessels. The
manner in which the realized economic
impacts during FY 2009 and continuing
into FY 2010 and beyond may differ
from that discussed below cannot be
assessed at this time because FY 2009
will not end until April 30, 2010. A full
description of the economic impacts of
proposed recreational measures is
included in Section 7.5.1.3 of
Amendment 16.
Available data indicate that about
two-thirds of the 92 charter/party
vessels that participated in the NE
multispecies fishery during FY 2007
would not be adversely affected by the
proposed action. These vessels did not
take any trips in the GOM during April
1 to April 15 on which cod were
retained, and did not report keeping any
winter flounder in the SNE/MA stock
area. The remaining 29 participating
vessels were estimated to lose an
average of $10,393 in sales annually due
to potential lost passengers as a result of
the proposed measures for the
recreational fishery.
The realized impact on charter/party
vessels is uncertain, since impacts
depend on angler response to any one
of the proposed measures. These
responses may be expected to have
different impacts depending on where
charter/party operators are located. The
majority of charter/party operators from
Maine, New Hampshire, and
Massachusetts take trips exclusively in
the GOM. Passenger demand in these
three states would only be adversely
affected by the 2-week extension of the
closed season on GOM cod. While
charter/party operators may be expected
to try to shift trips that would otherwise
have taken place during early April to
later in the month, or into May, the
ability to do so may be limited. At least
some of the impacts of the extended
closure may be offset by the reduction
in the haddock size limit, as this action
would increase the number of
opportunities for charter/party
passengers to keep more haddock. Since
the majority of occasions where
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haddock were kept occurred in the
GOM, to the extent that charter/party
demand is influenced by the chance to
keep more fish, passenger demand may
be expected to increase for GOM
charter/party operators.
Unlike the charter/party passengers in
the GOM, anglers taking charter/party
trips may be affected by the prohibition
on keeping SNE/MA winter flounder.
Compared to angler response to the
GOM cod closure, adverse angler
response to this measure may be larger
because it would affect all trips, not just
trips during a particular season. The
prohibition on retaining winter flounder
may be particularly sensitive, since the
winter flounder season is short and
occurs during early spring when the
availability of substitute species is
limited. Angler trip demand is believed
to be driven by expectations, and the
extent to which those expectations may
be constrained by regulation may be
anticipated to influence demand. This
measure is likely to have a larger impact
on charter/party operators from Rhode
Island to New Jersey. Since the number
of trips that also landed haddock is
likely to be comparatively small,
reduced passenger demand for trips in
the SNE/MA area may not be expected
to be offset by the reduction in the
haddock size limit.
In addition to the measures
implemented by the 2009 interim
action, the proposed action would
remove the limit on the number of
hooks, remove the prohibition on
filleting fish at sea, establish a process
for implementing AMs if a sub-ACL
specified for the recreational fishery is
exceeded, revise the minimum size limit
for Atlantic halibut, and prohibit the
retention of Atlantic wolffish. The
removal of the hook limit and the
prohibition on filleting fish at sea would
provide some economic relief to charter/
party operators, although the relative
magnitude of this relief is uncertain.
Removal of the limit on hooks would
likely increase the probability of
catching NE multispecies, resulting in
higher catch rates. Higher catch rates
may also increase the probability of
catching a legal sized fish and the
number of legal-sized fish that may be
kept. This is particularly important in
so-called meat fisheries where the
opportunity of landing larger numbers
of legal-sized fish for personal
consumption is an important factor
influencing participation in the fishery.
Therefore, removal of the hook limit
would enhance the value of a
recreational fishing trip, even if the
number of fishing trips does not change.
The magnitude of these economic
benefits is uncertain as economic
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studies of the relationship between
improved catch rates and improved
recreational fishing values have yet to
be conducted. However, the economic
benefits of improved catch rates may be
offset if the catch exceeds the ACLs
specified for the recreational fishery and
triggers AMs. Because any AMs would
reduce the catch of cod and haddock by
the recreational fishery (the only two
stocks that would be allocated a
recreational sub-ACL under
Amendment 16), if AMs are triggered,
the value of a recreational trip would be
decreased, although the magnitude of
that decrease would depend upon the
AM implemented. Since the AMs
proposed in this action would only be
developed once an overage has
occurred, the expected impacts of such
AMs cannot be predicted in this action,
but would be analyzed in the action to
implement such AMs, once triggered.
However, such AMs are likely to be
based upon existing measures such as
seasonal closures for GOM cod, and bag/
size limits for both GOM cod and GOM
haddock. Therefore, because these
measures would reduce opportunities to
catch these stocks, recreational AMs
would likely decrease both the
opportunity to catch fish in the
recreational fishery and the value of
recreational trips for these stocks. At-sea
filleting of fish may be expected to
increase the quality of services that
charter/party operators may offer to
their customer base. Whether this
service increases the demand for
charter/party trips is uncertain, but it
would increase the overall value of the
recreational fishing experience. The
change in Atlantic halibut size limit
may be expected to have negligible, if
any, economic impacts on the
recreational NE multispecies fishery, as
recreational catch of Atlantic halibut is
very low, with only two Atlantic
halibut, of unknown size, estimated to
be caught by charter/party vessels in
any one FY. A prohibition on the
retention of Atlantic wolffish would
result in some reduction in economic
value to recreational NE multispecies
anglers, although the magnitude of this
reduction is uncertain. Although the
economic value for anglers that may
target wolffish may be expected to be
negative, these trips represent such a
small proportion of total angler trips
that the magnitude of total economic
impact is likely to be small and unlikely
to appreciably affect the demand for
charter/party trips.
Frameworkable Measures
The Council has submitted, for
approval, a number of measures that
would be frameworkable. There are no
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economic impacts from this measure.
However, each future framework action
would need to contain an analysis of
economic impact when applicable.
Measures Proposed To Mitigate Adverse
Economic Impacts of the Proposed
Action
The proposed action contains a
number of measures that would provide
small entities with some degree of
flexibility to be able to offset at least
some portion of the estimated economic
impacts associated with proposed
measures. The major mitigating
measures include revisions to the DAS
Leasing and Transfer Programs;
revisions to existing SAPs to facilitate
the targeting of healthy stocks of
haddock; revisions to Sector measures;
and increased trip limits for certain
stocks.
As noted above, changes to the DAS
Leasing and Transfer Programs are
intended to eliminate administrative
obstacles that limited participation in
these programs. This is likely to
increase participation in these programs
and increase the economic efficiency of
vessel operations and increase the
possibility that vessels fishing under a
NE multispecies DAS, particularly
common pool vessels, would be able to
acquire sufficient DAS to meet annual
operating expenses and remain
economically viable despite additional
effort controls in the NE multispecies
fishery. These benefits would not accrue
under the no action alternative for each
of these measures, therefore the
proposed action is preferable to the no
action alternative to minimize the
economic impacts of proposed
measures.
Revisions to the existing SAPs would
facilitate the harvest of haddock by
continuing the Eastern U.S./Canada
Haddock SAP, expanding both the
season and area for the CA I Hook Gear
Haddock SAP, and revising the existing
CA II Yellowtail Flounder SAP to
provide opportunities to access CA II to
target haddock even when there is
insufficient GB yellowtail flounder TAC
to support a targeted fishery for GB
yellowtail flounder both inside and
outside the existing CA II Yellowtail
Flounder SAP. These revisions would
increase the likelihood that the fishery
would harvest more of the abundant
stocks of haddock, particularly on GB.
Available TACs for GB haddock have
been underharvested in recent years in
part because of limited access to
potentially higher concentrations of
haddock within CA II. This proposed
action would increase such access and
likely lead to increased vessel revenue
due to increased catch of available
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haddock resources, which may at least
help offset reductions in revenue
expected from increased effort controls
necessary to rebuild overfished stocks.
Although some of the proposed effort
reductions would convert Category A
DAS to Category B DAS, this may
increase incentives to fish more
selectively within these SAPs to enable
vessels to avoid stocks of concern and
continue fishing under a Category B
DAS, thereby maximizing the economic
return on available Category A and B
DAS. Therefore, when compared to the
no action alternative for each of these
revisions to existing SAPs, the proposed
action would offer increased economic
benefits in the form of greater access to,
and revenue from, available haddock
resources.
The proposed action would increase
trip limits for several species, most
notably GOM and GB cod, and CC/GOM
and SNE/MA yellowtail flounder. These
trip limits are intended to offset the
substantial effort reductions in the form
of reductions in Category A DAS and
24-hr DAS counting proposed under
Amendment 16. Because of the
commingled nature of the NE
multispecies fishery, effort reductions
necessary to meet the rebuilding
objectives of one overfished stock often
result in excessive effort reductions of
other stocks. Therefore, the proposed
revisions to trip limits are expected to
narrow the gap between F reductions
achieved and F reductions necessary for
these stocks under this action. As a
result, these trip limits would not only
meet the biological objectives of this
action based upon supporting analysis
in Amendment 16, but would also
increase revenue for common pool
vessels. Therefore, the proposed action
would result in fewer economic impacts
than the no action alternative for the
common pool and is the preferred
alternative under Amendment 16.
Finally, several of the revisions to
Sector measures could help mitigate the
economic impacts of the proposed
action. Under Amendment 16, all
approved Sectors would be exempt from
several provisions, including portions of
the GOM Rolling Closure Areas, NE
multispecies DAS restrictions, seasonal
closure areas, trip limits on stocks
allocated to Sectors, and the
requirement to use 6.5-inch (16.51-cm)
mesh when using selective trawl gear on
GB with a 6-inch (15.24-cm) codend. All
of these measures would help increase
the operational efficiency of Sector
vessels and would likely lead to
increased revenue for participating
vessels. Because Sector vessels would
no longer be limited by DAS allocations
and would instead be limited by their
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available ACE, the economic incentive
changes from maximizing the value of
all species on a DAS to maximizing the
value of the ACE. This change places a
premium on timing of landings to
market conditions, as well as changes in
the selectivity and composition of
species landed on fishing trips. Based
upon an evaluation of the economic
performance of vessels participating in
the current GB Cod Hook Sector, a
Sector that has been in operation since
FY 2004, the average revenue per
individual Sector member nearly
doubled between FY 2004 and 2008.
Whether this difference in efficiency
was because of the flexibility associated
with regulatory exemptions or a selfselection effect is not known.
Nevertheless, available information is
suggestive that economic performance
among Sector vessels may be expected
to improve relative to continuing to
remain under effort controls. In order to
maximize the value of ACE available to
Sectors, this proposed action would
allow Sectors to trade ACE. ACE trading
would also help ensure that Sectors
have sufficient ACE available to
continue operations in key stock areas
and match individual Sector ACE
portfolios with recent fishing activity by
participating vessels or available fishing
opportunities. In addition, vessels that
declared their intent to participate in
one of the existing Sectors would be
allocated GB cod based upon landings
history of this stock between FYs 1996
through 2001. This was meant to
increase the stability of Sector
allocations and preserve the value of
existing Sector permits, particularly for
those vessels that invested in permits
with high landings histories of this
stock during this period. The selection
of Option 5 (using landings history
between FY 1996 and 2001 for
calculating the GB cod PSC) under the
proposed action would increase the PSC
available to such vessels by
approximately 2 percent. This action
would also provide the Regional
Administrator with the authority to
exempt Sector vessels from some of the
proposed reporting requirements for
multi-area trips or when participating in
SMPs. This may reduce the operational
costs by vessels, as they would not be
required to submit daily or trip-level
catch reports via VMS, reports that
could cost as much as $0.764 per
submission. Finally, this action would
authorize 17 new Sectors. Sectors allow
participating vessels to pool harvesting
resources and consolidate fishing effort
onto fewer vessels to increase the
flexibility and economic efficiency of
fishing operations. Because Sectors are
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self-selecting groups, they provide
incentives to self-govern and assurance
to participating vessels that Sector
members would not face catch
reductions as a result of overages by
other Sectors or the common pool.
Under the no action alternative, none of
the above benefits associated with the
proposed revised Sector would be
realized. Therefore, the proposed action
is preferable to the no action alternative
for these measures. In addition, because
the proposed action preserves the value
of investments made to participate in
the existing Sectors, all of the additional
alternatives to PSC calculations (i.e.,
Alternatives 2, 3, and 4) not selected by
the Council under Amendment 16
would devalue such permits and reduce
the GB PSC allocated to such permits by
2 percent.
Economic Impacts of Alternatives to the
Proposed Action
Measures Applicable to Commercial
Vessels
Overall Impacts
The no action alternative would not
implement new rebuilding programs for
overfished stocks or revise mortality
targets for existing rebuilding programs.
For some stocks, the existing
Amendment 13 mortality targets are
higher than the proposed revisions, but
for others, the existing rebuilding targets
are lower than those in the proposed
action. Therefore, the no action
alternative would produce both higher
and lower landing streams for particular
stocks in the short-term. In general,
however, it would be expected that the
no action alternative would lead to
lower landing streams over the longterm. In addition, because the no action
alternative would not implement
rebuilding programs for five stocks
newly classified as being overfished,
landing streams for these stocks would
likely be lower over the long-term
because continued fishing at existing
levels would not rebuild the stock.
Accordingly, over the long-term, the no
action alternative would result in fewer
economic benefits from rebuilt stocks
compared to the proposed action.
In addition to the proposed action,
three other effort control alternatives for
commercial vessels were considered.
These alternatives included the no
action alternative (Alternative 1), an
alternative that relied on increased use
of differential DAS (Alternative 2A), and
another alternative (Alternative 4) that
would have implemented a 40-percent
reduction in DAS from DAS allocations
in FY 2006 along with restricted gear
areas. Alternatives 2A and 4 assumed
that no additional Sectors would be
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formed and that all vessels issued a
limited access NE multispecies permit
would operate under the effort controls
of the common pool. A detailed
comparison of estimated economic
impacts between the proposed action
and the non-selected alternatives may
be found in Section 7.5.11.1.6 of
Amendment 16.
Because the economic impact analysis
for these alternatives assumed that no
Sectors would be formed under
Amendment 16, the small entities
affected by these alternatives include all
vessels issued a limited access NE
multispecies permit or an open access
NE multispecies Handgear B permit. In
terms of total fishing revenue, the
aggregate impact of the proposed action
on such vessels is expected to be lower
(a 9.8-percent reduction, or $15.4
million) than the impacts of Alternative
2A (14.7-percent reduction, or $23.1
million) and Alternative 4 (18.5-percent
reduction, or $29.2 million). However,
the aggregate economic impact of the no
action alternative (a 7.7-percent
reduction, or $12.2 million) would be
lower than that expected from the
proposed action. Similar patterns are
observed when evaluating changes in
revenue where regulated species and
ocean pout were the predominant
species landed. For example, the no
action alternative would result in a 12.1percent reduction ($12.2 million) in NE
multispecies revenue, Alternative 2A
would result in a 22.9-percent reduction
($23.1 million) in NE multispecies
revenue, Alternative 4 would result in a
28.9-percent reduction ($29.2 million)
in NE multispecies revenue, but the
proposed action would result in a 15.2percent reduction ($15.4 million) in NE
multispecies revenue. Among the
alternatives considered, Alternative 4
tended to have larger adverse impacts
on fishing businesses across home port
states and dependence on NE
multispecies for total fishing income.
Alternative 2A tended to have larger
adverse impacts on vessels from Maine
and Massachusetts, while the proposed
action impacts were larger for vessels
from New Hampshire as well as from
SNE and MA states. However, due to
differences in fishing strategies at the
individual business level, one
alternative may provide regulatory relief
for some vessels, but may prove more
burdensome for others. There was no
one alternative that would have
provided regulatory relief for all fishing
businesses.
Section 7.5.1.3.1.2 of Amendment 16
discusses the number of DAS that are
necessary to cover annual fixed costs for
the range of alternatives considered in
Amendment 16. According to this
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analysis, the total number of Category A
DAS needed for all limited access
permit holders that participated in the
NE multispecies fishery to break even
were estimated to be 34,078 DAS. Under
the no action alternative, approximately
36,000 Category A DAS would be
available to limited access NE
multispecies vessels due to the 18percent DAS reduction scheduled for
FY 2009 under Amendment 13. With no
changes to existing trip limits,
differential DAS counting, or other
measures, this amount of DAS available
would exceed the number of DAS
necessary for the fleet to meet expenses.
Alternative 2A would also result in
36,000 Category A DAS allocated to the
fleet, but would apply differential DAS
counting over broader geographic areas,
would revise the rates applied in
specific areas, implement restricted gear
areas, and both increase and decrease
the existing trip limits for several stocks.
Although this alternative would
increase trip limits for some stocks and,
therefore, decrease the number of DAS
necessary to meet expenses, it would
also increase the rate at which DAS are
used and increase the number of DAS
necessary. Therefore, it is difficult to
predict whether Alternative 2A would
provide sufficient DAS to meet annual
expenses. Alternative 4 would reduce
allocated Category A DAS by 40 percent,
to 26,400 Category A DAS, but would
eliminate existing differential DAS
counting areas. Although this
alternative would include the same
changes to trip limits as Alternative 2A,
it is not likely that increased trip limits
for some stocks would produce
sufficient revenue to overcome overall
reductions in DAS to meet annual
expenses. Finally, the proposed action
would result in approximately 22,000
DAS allocated to the fleet. While carryover DAS may offset some of the
reductions for these alternatives and the
increased availability of Category B DAS
may encourage participation in SMPs, it
is unclear whether these factors would
be sufficient to allow vessels to meet
expenses or make a profit under each
alternative.
Even though the no action alternative
would result in the fewest economic
impacts to affected vessels and likely
provide sufficient DAS for vessels to
meet annual expenses, the no action
alternative would not achieve the
reductions in F necessary to rebuild
overfished stocks or achieve the
biological objectives of the FMP and is,
therefore, not consistent with applicable
law. In contrast, the proposed action is
consistent with applicable law because
it would achieve the biological
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objectives of the FMP, including
implementing rebuilding plans for
newly overfished stocks and reducing F
for all stocks necessary to rebuild stocks
within established rebuilding periods,
while resulting in the fewest economic
impacts to affected entities among the
other alternatives considered. Over the
long term, economic benefits from
rebuilt stocks would mean that the
proposed action would produce the
most economic benefits to affected
entities once stocks rebuild when
compared to the alternatives considered
in this action.
The no action alternative would not
distribute available regulated species
and ocean pout ACLs between the
commercial and recreational fisheries.
As a result, the catch from both fisheries
would be used to determine whether
additional measures are necessary in the
future to ensure that stocks rebuild.
Accordingly, if one group catches
regulated species or ocean pout in
excess of historical trends, the other
group would likely be affected by any
management measures that would be
necessary to rebuild the stock. This
would result in greater economic
impacts than the proposed action, as the
entire fishery would be subject to such
measures rather than the group
responsible for the overage.
Impacts of Alternative Common Pool
Measures
In addition to the overall impacts
listed above, there are additional
economic impacts associated with other
alternatives considered under
Amendment 16 that apply only to
common pool vessels. Regarding the
DAS Leasing and Transfer Programs, the
other alternatives would not have
revised these programs to allow CPH
vessels to participate in either program,
would not temporarily or permanently
remove the DAS conservation tax or the
cap on DAS leasing, would impose a tax
on DAS leased, or would refund any
DAS lost to the application of a DAS
conservation tax during DAS transfers
in previous FYs. Therefore, with the
exception of the alternative that would
refund DAS lost due to the DAS
conservation tax, these other
alternatives would increase costs
compared to the proposed action by
reducing the DAS available to either
program and making available DAS
more expensive to acquire. In addition,
permit holders would incur costs
associated with activating permits in
CPH to participate in these programs, or
maintaining multiple vessels to fish a
given number of DAS that could be
fished on one vessel if not for the
leasing cap. While one alternative to the
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69413
proposed action would have refunded
any DAS lost due to the DAS
conservation tax in the DAS Transfer
Program, this would have only
marginally increased the DAS available
to such vessels by 81.52 Category A
DAS, 148.23 Category B DAS, and
416.41 Category C DAS. Cumulatively,
the Category A and B DAS lost to the
conservation tax represented only 0.2
percent of the total number of the
Category A and B DAS allocated to the
entire fishery in FY 2007 (Category C
DAS cannot be used by any vessel at
this time). Refunding these DAS would
result in additional DAS that could
increase, although marginally, the
amount of regulated species and ocean
pout that would be harvested in future
FYs. Because additional effort
reductions are necessary under this
action to rebuild several NE
multispecies stocks, allowing additional
effort into the fishery would
compromise the rebuilding objectives of
the FMP and result in fewer long-term
economic benefits than the proposed
action.
The no action alternative would not
revise the CA I Hook Gear Haddock SAP
or the CA II Yellowtail Flounder SAP to
facilitate the harvest of haddock; would
allow the Eastern U.S./Canada Haddock
SAP to expire; would not include
pollock as a stock of concern, or
implement reduced trip limits and an
incidental catch TAC for pollock in the
Regular B DAS Program; would allow
the SNE/MA Winter Flounder SAP to
continue; and would not implement the
GOM Haddock Gillnet Pilot Program.
Combined, the no action alternative for
the SAPs and the GOM Haddock Gillnet
Pilot Program would result in increased
economic impacts compared to the
proposed action due to foregone
opportunities to increase the catch of
the abundant haddock resource.
However, the no action alternative for
the Regular B DAS Program would
result in fewer short-term economic
impacts than the proposed action, as
vessels would be able to continue to
target pollock using a Regular B DAS,
but increased long-term economic
impacts, as continued targeting of
pollock would likely increase F on this
species and delay economic benefits
from a rebuilt species. Similar long-term
impacts would also occur for SNE/MA
winter flounder under the no action
alternative, as it would continue the
SNE/MA Winter Flounder SAP and the
associated catch of this stock, despite
the need to reduce F to as close to zero
as practicable to rebuild this stock.
Thus, the proposed action would result
in fewer long-term economic impacts
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than the no action alternatives for these
measures.
The no action alternative would not
reduce the haddock minimum size limit
to 18 inches (45.7 cm) or increase the
minimum size limit for Atlantic halibut
to 41 inches (104.1 cm). This would
result in reduced revenue due to
haddock landings when large year
classes enters the fishery, such as when
the 2003 year class entered the fishery
in 2007 and 2008, but would likely
result in a small increase in fishing
revenue compared to the proposed
action due to catch of smaller halibut
when compared to the proposed action.
However, because the no action
alternative could potentially delay
rebuilding of Atlantic halibut, the
proposed action would have greater
overall long-term economic impacts to
affected entities.
Under the no action alternative, most
vessels would not be able to be issued
both a limited access Atlantic sea
scallop and a limited access NE
multispecies permit at the same time
(vessels issued a limited access NE
multispecies combination permit—
Category E permit—are already allowed
to be issued both a limited access NE
multispecies permit and a limited
access Atlantic sea scallop permit). This
would restrict the flexibility of vessels
to participate in more than one fishery
and prevent the consolidation of fishing
opportunities for two fisheries onto one
vessel. As a result, there would be less
effective use of capital assets than
would occur if the restriction were lifted
under the proposed action.
In contrast to the proposed action, the
no action alternative would not
implement AMs for common pool
vessels. The no action alternative would
likely result in fewer short-term
economic impacts than the proposed
action, as AMs would not be
implemented. Failure to implement
AMs would maintain or increase the
catch of regulated species and ocean
pout even after sub-ACLs allocated to
the common pool have been caught. In
addition, common pool vessels would
not be responsible for costs associated
with dockside monitoring, as required
in FY 2012 and beyond under the
proposed action. However, long-term
economic impacts would likely be
higher for the no-action alternative
because AMs are intended to prevent
overfishing and increase the probability
that rebuilding objectives of the FMP are
achieved. In addition, without AMs for
the common pool fishery, Sector vessels
or the recreational fishery may be
subject to lower overall catch due if
stocks fail to rebuild and lower ACLs
are necessary as a result.
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Impacts of Alternative Sector Measures
The economic impacts of the options
considered for determining PSCs are
described in detail in Section 7.5.1.2.3
of Amendment 16. The proposed action
would calculate PSC based upon
landings history between FYs 1996–
2006 for all stocks (Option 1), except
that the PSC for GB cod would be
calculated based upon landings history
between FYs 1996–2001 for vessels that
had signed preliminary rosters for
existing Sectors as of March 1, 2008
(Option 5). The other PSC alternatives
include no action (landings history for
the most recent 5-yr period), and
options involving a combination of
landings history between FYs 1996–
2006 and a measure of capacity based
upon vessel size and horsepower and/or
allocated DAS (Options 2 through 4).
The analysis of these options indicated
that larger vessels would receive the
most value from the PSC selected in the
proposed action (i.e., PSC Option 1), but
that medium vessels would receive the
most value from PSC Option 4, while
small vessels would receive the most
value from the no action PSC option.
The impacts of the PSC options for
vessel size class vary from stock-tostock, based upon the size class of
vessels that predominantly landed that
stock. Also, the impacts vary based
upon the areas fished by individual
vessels. In general, vessels that fished in
all areas would receive more PSC under
the no action PSC option or Option 1.
Permits that fished only in the GOM or
on GB would receive the most PSC
under Option 4, while vessels that
fished exclusively in SNE would receive
the most PSC under Options 3 or 4.
Impacts of these alternatives by
homeport state also vary based upon the
distribution of various stocks among the
PSC options considered. For example,
Massachusetts vessels would have
benefited the most from the no action
alternative, but vessels from Maine and
New Hampshire would have benefited
the most from PSC Option 4. Vessels
from more southerly states would
receive more PSC from Option 3. In
general, PSC options involving capacity
(i.e., Options 2 through 4) tended to
shift allocations from vessels with
higher landings history-based
allocations to vessels with lower
history-based allocations compared to
the proposed action. When combined
with Option 5, permits that were not
committed to the existing two Sectors
would have their GB cod PSC reduced
by approximately 2.1 percent compared
to their PSC if only Option 1 were
adopted. However, these permits would
lose the most GB cod PSC if Options 2,
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3, or 4 were adopted with Option 5.
Therefore, because the proposed action
adopts Options 1 and 5, the vast
majority of vessels would receive the
most GB cod PSC out of the possible
combinations of alternatives that the
Council could have selected. Although
the PSC options considered all have
different effects on different vessels,
Options 1 and 5 were selected to reflect
current participation in the fishery
based upon landings history (i.e.,
including vessel capacity in the
calculation of PSCs would shift
allocation of ACLs from vessels that
have actively participated in the fishery
by landing regulated species and ocean
pout to those that may not have
participated as actively in the fishery),
mitigate the regulatory changes and
their impacts on individual vessels, and
to preserve the value of permit
investments made by vessel owners
interested in participating in one of the
existing Sectors.
The no action alternative would not
implement provisions for trading ACE
between Sectors or allow Sectors to
carry forward unused ACE into the
following FY. The inability to trade ACE
would likely result in Sectors not fully
harvesting allocated ACE, as Sector
catch may not precisely mirror ACE
allocations for each stock, sacrificing
yield and associated fishing revenue. In
contrast, the inability to carry forward
unused ACE would produce incentives
to fully harvest any ACE allocated,
thereby also creating incentives to
potentially illegally discard legal-sized
fish to maximize catch of ACE
allocations. In comparison with the
proposed action, this would result in
less efficient operations and likely
short-term and long-term economic
impacts due to lost yield and, possibly,
delays in rebuilding stocks.
Compared to the proposed action, the
no action alternative would have
maintained existing Sector operations
plan requirements, monitoring/reporting
requirements, and provisions for SMPs.
All of these measures would likely
result in fewer costs to potential Sectors,
as the proposed action would increase
requirements for Sector operations
plans; increase monitoring/reporting
requirements for Sectors; and, with the
exception of the CA I Hook Gear
Haddock SAP, fail to specify which
SMP provisions would apply to Sector
vessels. The cost savings from avoiding
the additional monitoring requirements
of the proposed action are listed in the
economic impacts of the proposed
action above, but the savings from
avoiding the additional reporting costs
are less certain. Reporting costs include
costs associated with additional VMS
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catch reports to individual vessel
owners. Depending on the individual
vessel’s contract with the VMS vendor,
such costs may be covered by existing
contracts. However, additional reporting
costs associated with the proposed
action would include a cost of
approximately $0.004 per character,
plus approximately $0.50 for each
submission via VMS, or approximately
$0.764 per report. Thus, the no action
alternative would result in equivalent
savings compared to the proposed
action, but the amount of such savings
would depend upon the VMS contract
to individual vessels. Although the no
action alternative for these provisions
would cost less than the proposed
action, the proposed action was selected
because these additional requirements
are considered necessary to adequately
monitor Sector catch on a real-time
basis, understand and evaluate the
likely impacts of Sector operations, and
more consistently apply the principles
behind Sector management (i.e., to
promote more flexible and efficient
operations by self-selecting and selfgoverning groups of individual vessels)
across all facets of vessel operations,
including those in designated SMPs.
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Measures Applicable to Recreational
and Charter/Party Vessels
Two alternatives to the proposed
action affect whether recreational
anglers could land NE multispecies as
fillets without the skin: Option 1 would
allow fillets to be landed without skin,
while the no action alternative (Option
3) would maintain the existing
prohibition on landing fillets without
skin. Option 1 would increase the
economic value of recreational trips,
particularly charter/party trips, as
vessels could provide filleting and
skinning as a service to customers.
However, landing fish without skin
would complicate enforcement and
assessment of recreational catch, as
species identification would be very
difficult. This may, in turn, increase
management uncertainty for the
recreational fishery and lower ACLs as
a result. This would likely result in
increased economic impacts compared
to either the proposed action or the no
action alternative, which would require
at least some skin to remain on fillets.
The no action alternative may impact
income for crew aboard charter/party
vessels, as skinning fillets would
continue to be prohibited until landing.
The proposed action was selected as a
compromise between the alternatives
considered, as it would allow fillets to
be landed with only a small portion of
the skin intact to facilitate species
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identification and enforcement of
minimum fish sizes and trip limits.
Amendment 16 considered two other
options for reducing GOM cod mortality
in the recreational fishery: Option 1
would increase the minimum size limit
to 26 inches (66 cm), while Option 2
would reduce the bag limit to six fish
per trip. If recreational fishing value is
based upon the opportunity to catch a
fish, economic impacts associated with
Option 1 would likely be less than that
for either Option 2 or the proposed
action, as both later options would
reduce opportunities to fish. However, if
the increased size limit of Option
reduces the possibility that cod could be
retained, then the economic impacts
could differ, as both Options 2 and the
proposed action would maintain the
existing size limits for GOM cod.
However, the proposed action was
selected because seasonal closures are
the most effective means to reduce
recreational catch and ensure that
conservation objectives are achieved for
this portion of the fishery.
The no action alternative would allow
recreational vessels to possess and
retain Atlantic wolffish. Based upon
existing data, approximately 1,644
charter/party trips targeted this species
during 2006–2007. Thus, the no action
would maintain the value associated
with these trips, resulting in fewer
economic impacts than the proposed
action that would prohibit the
possession of this species by both
commercial and recreational vessels.
However, the proposed action would
implement a rebuilding program for this
species that includes a prohibition on
landings by all vessels. While this
would result in short-term economic
losses to the recreational fishery, such
measures are necessary to rebuild the
stock and preserve future opportunities
to harvest the species as it rebuilds.
Amendment 16 considered several
alternatives to the proposed action
regarding recreational fishery AMs.
These alternatives included no AMs
under the no action alternative, AMs
developed exclusively by the Council
under Option 1, and AMs developed
exclusively by NMFS under Option 2.
Because these alternatives involve
processes for specifying AMs, but do not
actually propose any specific AMs, the
economic impacts associated with these
alternatives are based upon the timing
of when such AMs would be
implemented and the actual AMs that
would be implemented from these
processes. For example, due to the
length of the Council process and the
timing of Council meetings, it is likely
that any AMs developed under Option
1 would not be available until after
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69415
anglers begin reserving fishing trips
during the early spring. This may affect
whether customers will actually commit
to a particular trip without knowing the
applicable regulations. If this affects
customer behavior, Option 1 would
likely result in fewer charter/party trips,
particularly if regulations are not
finalized until later in the spring.
Options 1 and 2 would result in some
impact to the recreational fishery, but
this impact is heavily dependent upon
the AMs developed under those options.
Changes in bag limits, minimum sizes,
and shortened seasons typically reduce
the catch and, therefore, value of
recreational trips. Because changes to
bag limits and minimum sizes are less
effective at reducing recreational catch,
these measures must generally be
implemented for greater durations,
resulting in greater adverse economic
impacts than closures. However,
economic impacts associated with
reduced opportunities to catch one
species may be offset by increased
opportunities to catch another stock. As
a result, Options 1 and 2 may not result
in different economic impacts than the
proposed action unless customer
behavior is affected by when the
regulations are available. Under the No
Action alternative, AMs would not be
adopted. While this avoids the
economic impacts of AMs in the short
term, this may make it less likely that
mortality objectives are achieved and
could result in more stringent measures
in the future. The proposed action was
selected because it represents a
compromise between the other
alternatives considered. Under the
proposed action, NMFS would develop
appropriate AMs in consultation with
the Council. This would allow AMs to
be implemented in the most expedient
manner, thereby decreasing the
possibility that AMs would be
implemented too late to be effective
during the FY following an overage. In
addition, because the Council includes
members of state resource management
agencies, the agencies responsible for
managing the vast majority of
recreational fishing activity,
consultation with the Council was
considered necessary to implement AMs
that would effectively reduce
recreational catch.
Description of the projected reporting,
recordkeeping, and other compliance
requirements of the proposed rule:
Reporting and Recordkeeping
Requirements
The proposed measures under
Amendment 13 include the following
provisions requiring either new or
revised reporting and recordkeeping
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requirements: (1) Sector operations plan
and associated NEPA analysis, (2)
dockside/at-sea monitoring service
provider application, (3) dockside/at-sea
monitoring service provider response to
application disapproval, (4) data entry
for Sector discard monitoring system,
(5) Sector weekly catch report, (6) Sector
annual report, (7) notification of
expulsion from a Sector, (8) request to
transfer ACE, (9) VMS installation, (10)
VMS certification form, (11) VMS
confirmation call, (12) automated VMS
polling of vessel position, (13) VMS area
and DAS declaration, (14) VMS triplevel catch reports, (15) request for a
LOA to participate in the GOM Haddock
Gillnet Pilot Program, (16) request for a
LOA to fish in a NE multispecies RGA,
(17) VMS declaration to fish in a NE
multispecies RGA, (18) pre-trip hail
report to a dockside monitoring service
provider, (19) trip-end hail report to a
dockside monitoring service provider,
(20) confirmation of dockside
monitoring trip-end hail report, (21)
dockside/roving service provider data
entry, (22) dockside/roving or at-sea
monitor deployment report, (23)
dockside/roving or at-sea monitoring
service provider catch report to NMFS
upon request, (24) dockside/roving or
at-sea monitor report of harassment and
other issues, (25) OLE debriefing of
dockside/roving or at-sea monitors, (26)
copy of dockside/roving or at-sea
monitoring service provider contract
upon request, (27) copy of dockside/
roving or at-sea monitoring service
provider information materials upon
request, (28) observer program pre-trip
notification, (29) daily VMS catch
reports when fishing in the U.S./Canada
Management Area and CA II SAPs, (30)
daily VMS catch reports when fishing in
the CA I Hook Gear Haddock SAP, (31)
daily VMS catch reports when fishing in
the Regular B DAS Program, and (32)
copy of the dealer weigh-out slip or
dealer signature of the dockside monitor
report.
The costs associated with the new and
revised reporting and recordkeeping
requirements specified in this action are
detailed in the PRA analysis associated
with Amendment 16. Some of these
costs are minimal, consisting only of
postage and copying costs. However,
other costs are more substantial and are
detailed for several of the more involved
information collections below.
Any NE multispecies DAS vessel,
including a vessel participating in a
Sector, that intends to fish in any SMP,
including the U.S./Canada
Understanding and all SAPs, would be
required to use VMS when participating
in these programs. In addition, any
Handgear A permit participating in a
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Sector would be required to use VMS to
comply with the declaration and
reporting requirements associated with
measures proposed under Amendment
16. Any vessel that does not currently
possess a VMS must obtain one prior to
fishing in a SAP, the U.S./Canada
Management Area, or on a Sector trip.
The cost of purchasing and installing
VMS is currently estimated at $3,600
per vessel, with operational costs
estimated at approximately $150 per
month. Amendment 16 would require a
vessel issued a limited access NE
multispecies permit fishing in multiple
broad stock areas to submit a trip-level
catch report via VMS for such trips.
These catch reports would cost
approximately $0.79 per report, for a
total yearly cost of approximately $15
for the 134 vessels that are expected to
fish in multiple areas on the same trip,
based upon historic data.
There are costs associated with
several of the reporting and
recordkeeping measures proposed for
Sectors under this action. The
development of a Sector operations plan
and associated NEPA analysis is
estimated to require approximately 4
months for each document, resulting in
a cost of approximately $150,000 to
each Sector (i.e., $50,000 for the
development of the operations plan, and
$100,000 for the development of an EA)
on an annual basis. These costs are
likely to decrease in future years, as
subsequent operations plans and EAs
could build upon the original
documents. It is estimated that
approximately $2,500 per year would be
required to purchase and enter data into
a discard database for each Sector.
Finally, the weekly Sector catch reports
are expected to cost approximately
$5,200 to prepare and submit to NMFS,
while the annual Sector report is
expected to cost about $304 per Sector
to develop.
Amendment 16 would require
dockside monitoring for Sector vessels
beginning in FY 2010, while common
pool vessels would be subject to
dockside monitoring beginning in FY
2012. The pre-trip hail reporting
requirements would cost approximately
$12 per vessel each year, assuming that
such reports were made via VMS. Due
to the more expansive information
required for the trip-end hail reports,
the yearly cost to each vessel would be
approximately $17, assuming that such
reports were made via VMS. Costs to
vessels receiving dockside/roving
monitoring services proposed under
Amendment 16 include $10 per year for
confirming pre-trip hail reports and $13
to confirm trip-end hail reports and
specify whether a particular trip would
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be observed by a dockside monitor.
Requirements to maintain and enter
data into a dockside monitoring
database would cost approximately
$4,225 per service provider annually,
while submitting dockside monitoring
data to NMFS would cost each service
provider approximately $36,000 per
year. Similar costs to service providers
are expected to notify Sector vessels of
selection for at-sea/electronic
monitoring coverage ($3,125 per year)
and to submit at-sea/electronic
monitoring data to NMFS ($36,000 per
year).
Other Compliance Requirements
The only other compliance costs
associated with this proposed rule are
those associated with the gear
requirements specified for the NE
multispecies RGAs. Any NE
multispecies vessel that elects to fish in
the common pool would be required to
utilize selective fishing gear when
fishing in the NE multispecies RGAs. If
a vessel does not already possess such
selective gear, a new haddock separator
trawl net, rope trawl, or Ruhle trawl is
estimated to cost approximately
$13,000, or about $750 to modify
existing gear. Sector vessels would not
be subject to the RGA measures or the
costs associated with such selective
gear.
This rule contains collection-ofinformation requirements subject to
review and approval by OMB under the
Paperwork Reduction Act. These
requirements have been submitted to
OMB for approval. Public reporting
burden for these collections of
information are estimated to average, as
follows:
1. Sector operations plan and
associated NEPA analysis, OMB# 0648–
0202, (640 hr/response);
2. Dockside/at-sea monitoring service
provider application, OMB# 0648–0202,
(10 hr/response);
3. Dockside/at-sea monitoring service
provider response to application
disapproval, OMB# 0648–0202, (10 hr/
response);
4. Data entry for sector discard
monitoring system, OMB# 0648–0202,
(3 min/response);
5. Sector weekly catch report, OMB#
0648–0202, (4 hr/response);
6. Sector annual report, OMB# 0648–
0202, (12 hr/response);
7. Notification of expulsion from a
Sector, OMB# 0648–0202, (30 min/
response);
8. Request to transfer ACE, OMB#
0648–0202, (5 min/response);
9. VMS installation, OMB# 0648–
0202, (1 hr/response);
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10. VMS certification form, OMB#
0648–0202, (10 min/response);
11. VMS confirmation call, OMB#
0648–0202, (5 min/response);
12. Automated VMS polling of vessel
position, OMB# 0648–0202, (5 sec/
response);
13. VMS area and DAS declaration,
OMB# 0648–0202, (5 min/response);
14. VMS trip-level catch reports,
OMB# 0648–0212, (15 min/response);
15. Request for a LOA to participate
in the GOM Haddock Gillnet Pilot
Program, OMB# 0648–0202, (5 min/
response);
16. Request for a LOA to fish in a NE
multispecies RGA, OMB# 0648–0202, (5
min/response);
17. VMS declaration to fish in a NE
multispecies RGA, OMB# 0648–0202, (5
min/response);
18. Pre-trip hail report to a dockside
monitoring service provider, OMB#
0648–0202, (2 min/response);
19. Trip-end hail report to a dockside
monitoring service provider, OMB#
0648–0202, (15 min/response);
20. Confirmation of dockside
monitoring trip-end hail report, OMB#
0648–0202, (2 min/response);
21. Dockside/roving service provider
data entry, OMB# 0648–0202, (3 min/
response);
22. Dockside/roving or at-sea monitor
deployment report, OMB# 0648–0202,
(10 min/response);
23. Dockside/roving or at-sea
monitoring service provider catch report
to NMFS upon request, OMB# 0648–
0202, (5 min/response);
24. Dockside/roving or at-sea monitor
report of harassment and other issues,
OMB# 0648–0202, (30 min/response);
25. OLE debriefing of dockside/roving
or at-sea monitors, OMB# 0648–0202, (2
hr/response);
26. Copy of dockside/roving or at-sea
monitoring service provider contract
upon request, OMB# 0648–0202, (30
min/response);
27. Copy of dockside/roving or at-sea
monitoring service provider information
materials upon request, OMB# 0648–
0202, (30 min/response);
28. Observer program pre-trip
notification, OMB# 0648–0202, (2 min/
response);
29. Daily VMS catch reports when
fishing in the U.S./Canada Management
Area and CA II SAPs, OMB# 0648–0212,
(15 min/response);
30. Daily VMS catch reports when
fishing in the CA I Hook Gear Haddock
SAP, OMB# 0648–0212, (15 min/
response);
31. Daily VMS catch reports when
fishing in the Regular B DAS Program,
OMB# 0648–0212, (15 min/response);
and
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32. Copy of the dealer weigh-out slip
or dealer signature of the dockside
monitor report, OMB# 0648–0212 (2
min/response).
Public comment is sought regarding:
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to (enter office
name) at the ADDRESSES above and by email 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
50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: December 10, 2009.
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 § 648.2, revise the definitions for
‘‘NE multispecies or multispecies,’’
‘‘Regulated species,’’ and ‘‘Sector,’’ and
add new definitions for ‘‘Annual catch
entitlement (ACE),’’ ‘‘At-sea monitor,’’
‘‘Common pool trip,’’ ‘‘Common pool
vessel,’’ ‘‘Dockside/roving monitor,’’
‘‘Electronic monitoring,’’ ‘‘Observer/sea
sampler,’’ ‘‘Potential Sector contribution
(PSC),’’ ‘‘Sector trip,’’ and ‘‘Sector
vessel’’ in alphabetical order to read as
follows:
§ 648.2
Definitions.
*
*
*
*
*
Annual catch entitlement (ACE), with
respect to the NE multispecies fishery,
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means the share of the annual catch
limit (ACL) for each NE multispecies
stock that is allocated to an individual
Sector based upon the cumulative
fishing history attached to each permit
participating in that Sector in a given
year. This share may be adjusted due to
penalties for exceeding the Sector’s ACE
for a particular stock in earlier years, or
due to other violations of the FMP,
including the yearly Sector operations
plan. When a Sector’s share of a NE
multispecies stock, as determined by the
fishing histories of vessels participating
in that Sector, is multiplied by the
available catch, the result is the amount
of ACE (live weight in pounds) that can
be harvested (landings and discards) by
participants in that Sector during a
particular fishing year.
At-sea monitor, with respect to the NE
multispecies fishery, means any person
responsible for observing, verifying, and
reporting area fished, catch, and
discards of all species by gear type for
Sector trips as part of an approved
Sector at-sea monitoring program.
*
*
*
*
*
Common pool trip, with respect to the
NE multispecies fishery, means any trip
taken by a common pool vessel under a
NE multispecies DAS or under the
provisions of a limited access NE
multispecies Small Vessel or Handgear
A permit, or an open access Handgear
B permit that lands regulated species or
ocean pout.
Common pool vessel, with respect to
the NE multispecies fishery, means any
vessel issued a limited access NE
multispecies permit or open access NE
multispecies Handgear B permit that is
not a member of an approved Sector for
a particular fishing year and that is not
operating under the provisions of an
approved Sector operations plan. Such
vessels must use a NE multispecies
DAS, or be fishing under the provisions
of a limited access NE multispecies
Small Vessel or Handgear A permit, or
an open access Handgear B permit, to
land regulated species or ocean pout,
and must comply with effort controls,
trip limits, gear restricted areas, and
other provisions specified in this part.
Vessels fishing under the provisions of
the common pool are also referred to as
non-Sector vessels.
*
*
*
*
*
Dockside/roving monitor, with respect
to the NE multispecies fishery, means
any person responsible for observing/
verifying the offloads of all species by
common pool or Sector vessels either
directly to a federally permitted dealer
or to a truck for later delivery to a
federally permitted dealer, and for
certifying the accuracy of landed
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weights, as reported by federally
permitted dealers, pursuant to this part.
*
*
*
*
*
Electronic monitoring, with respect to
the NE multispecies fishery, means any
equipment that is used to monitor area
fished and the amount and identity of
species kept and discarded in lieu of atsea monitors as part of an approved
Sector at-sea monitoring program.
*
*
*
*
*
Northeast (NE) multispecies or
multispecies means the following
species:
American plaice—Hippoglossoides
platessoides.
Atlantic cod—Gadus morhua.
Atlantic halibut—Hippoglossus
hippoglossus.
Atlantic wolffish—Anarhichas lupus.
Haddock—Melanogrammus
aeglefinus.
Ocean pout—Macrozoarces
americanus.
Offshore hake—Merluccius albidus.
Pollock—Pollachius virens.
Redfish—Sebastes fasciatus.
Red hake—Urophycis chuss.
Silver hake (whiting)—Merluccius
bilinearis.
White hake—Urophycis tenuis.
Windowpane flounder—
Scophthalmus aquosus.
Winter flounder—Pleuronectes
americanus.
Witch flounder—Glyptocephalus
cynoglossus.
Yellowtail flounder—Pleuronectes
ferruginea.
*
*
*
*
*
Observer/sea sampler means any
person certified/approved by NMFS to
collect operational fishing data,
biological data, or economic data
through direct observation and
interaction with operators of
commercial fishing vessels as part of
NMFS’ Northeast Fisheries Observer
Program and Northeast At-sea
Monitoring Program. Observer/sea
samplers are also referred to as fisheries
observers, fisheries observers/sea
samplers, and NMFS-certified fisheries
observers/sea samplers.
*
*
*
*
*
Potential Sector contribution (PSC),
with respect to the NE multispecies
fishery, means an individual vessel’s
share of the ACL for each stock of
regulated species or ocean pout that is
derived from the fishing history
associated with the permit issued to that
particular vessel for the purposes of
participating in a Sector and
contributing to that Sector’s ACE for
each stock allocated to Sectors under
the NE Multispecies FMP.
*
*
*
*
*
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Regulated species, means the subset
of NE multispecies that includes
Atlantic cod, witch flounder, American
plaice, yellowtail flounder, haddock,
pollock, winter flounder, windowpane
flounder, redfish, white hake, Atlantic
halibut, and Atlantic wolffish.
Regulated species is also referred to as
regulated NE multispecies.
*
*
*
*
*
Sector, with respect to the NE
multispecies fishery, means a group of
persons holding limited access NE
multispecies permits who have
voluntarily entered into a contract and
agree to certain fishing restrictions for a
specified period of time, and that have
been allocated a portion of the TACs of
species managed under the NE
Multispecies FMP to achieve objectives
consistent with the applicable goals and
objectives of the FMP. Each Sector must
meet the Sector eligibility and minimum
size requirements specified in
§ 648.87(a)(3) and (4) to be approved by
NMFS.
Sector trip, with respect to the NE
multispecies fishery, means any trip
taken by a Sector vessel subject to the
restrictions and conditions of an
approved Sector operations plan, as
specified in § 648.87(c), in which the
vessel declared its intent to fish in the
NE multispecies fishery pursuant to
§ 648.10.
Sector vessel, with respect to the NE
multispecies fishery, means any vessel
assigned a permit that is a member of an
approved Sector for a particular fishing
year and that is subject to the
restrictions and conditions of an
approved Sector operations plan, as
specified in § 648.87.
*
*
*
*
*
3. In § 648.4, remove paragraph
(a)(1)(i)(I)(3) and revise paragraphs
(a)(1)(i)(E) and (c)(2)(iii)(A) to read as
follows:
§ Vessel permits.
(a) * * *
(1) * * *
(i) * * *
(E) Replacement vessels. An owner of
a vessel that has been issued any limited
access or moratorium permit under this
section is limited to one vessel
replacement permit year, using the
earliest permit year start date of the
limited access or moratorium permits
for which the vessel is eligible, unless
the vessel has been rendered inoperable
and non-repairable. With the exception
of vessels that have obtained a limited
access Handgear A permit described in
§ 648.82(b)(6), to be eligible for a limited
access or moratorium permit under this
section, the replacement vessel must
meet the following criteria and any
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other applicable criteria under
paragraph (a)(1)(i)(F) of this section:
(1) The replacement vessel’s
horsepower may not exceed by more
than 20 percent the horsepower of the
vessel’s baseline specifications, as
applicable.
(2) The replacement vessel’s length,
GRT, and NT may not exceed by more
than 10 percent the length, GRT, and NT
of the vessel’s baseline specifications, as
applicable.
*
*
*
*
*
(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 § 648.82(j). A vessel owner electing a
Day 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, unless the vessel
already possesses valid gillnet tags, as
identified by the Regional
Administrator. 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 valid 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 only for the
purposes of obtaining authorization to
fish in the NE multispecies gillnet
fishery and otherwise will be processed
or issued without a gillnet
authorization.
*
*
*
*
*
4. In § 648.7, revise paragraphs
(b)(1)(i), (e), and (f)(2)(i); and add
paragraphs (a)(4), (h), and (i) to read as
follows:
§ 648.7 Recordkeeping and reporting
requirements.
*
*
*
*
*
(a) * * *
(4) Facilitation of a dockside/roving
monitor report. Any federally permitted
dealer, or any individual acting in the
capacity of a dealer, that purchases or
receives fish from a vessel operating
under the provisions of an approved
Sector operations plan, as specified in
§ 648.87(c), or from a common pool
vessel starting in fishing year 2012 must
provide a copy of any weigh-out
documents or dealer receipts for that
particular offloading event to the
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dockside/roving monitor and vessel and
allow the dockside/roving monitor to
sign a copy of the official weigh-out
document or dealer receipt retained by
the dealer, or sign a dockside
monitoring report provided by a
dockside/roving monitor that verifies
the amount of each species offloaded, as
instructed by the Regional
Administrator.
(b) * * *
(1) * * *
(i) The owner or operator of any
vessel issued a valid permit or eligible
to renew a limited access permit under
this part must maintain on board the
vessel, and submit, an accurate fishing
log report for each fishing trip,
regardless of species fished for or taken,
on forms supplied by or approved by
the Regional Administrator. As stated in
paragraph (f)(2)(i) of this section, if no
fishing trip is made during a week or
month, a report stating so must be
submitted for each week or month, as
applicable, based upon whether any
fishing activity occurred during a
particular reporting week or month (i.e.,
starting a trip, landing, or offloading
catch will constitute fishing during a
reporting week or month). If authorized
in writing by the Regional
Administrator, a vessel owner or
operator may submit reports
electronically, for example by using a
VMS or other media. With the exception
of those vessel owners or operators
fishing under a surfclam or ocean
quahog permit, at least the following
information and any other information
required by the Regional Administrator
must be provided: Vessel name; USCG
documentation number (or state
registration number, if undocumented);
permit number; date/time sailed; date/
time landed; trip type; number of crew;
number of anglers (if a charter or party
boat); gear fished; quantity and size of
gear; mesh/ring size; chart area fished;
average depth; latitude/longitude (or
loran station and bearings); total hauls
per area fished; average tow time
duration; hail weight, in pounds (or
count of individual fish, if a party or
charter vessel), by species, of all species,
or parts of species, such as monkfish
livers, landed or discarded; and, in the
case of skate discards, ‘‘small’’ (i.e., less
than 23 inches (58.42 cm), total length)
or ‘‘large’’ (i.e., 23 inches (58.42 cm) or
greater, total length) skates; dealer
permit number; dealer name; date sold,
port and state landed; and vessel
operator’s name, signature, and
operator’s permit number (if applicable).
*
*
*
*
*
(e) Record retention—(1) Dealer
records. Any record, as defined in
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§ 648.2, related to fish possessed,
received, or purchased by a dealer that
is required to be reported, must be
retained and made 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.
(2) VTRs. 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.
(3) Dockside/roving and at-sea
monitor reports. Any record, as defined
in § 648.2, related to fish offloaded and
observed by a dockside/roving or at-sea
monitor, including any reports provided
to NMFS, Sector managers, or another
third-party service provider specified in
paragraph (h) of this section, must be
retained and made available for
immediate review for a total of 3 years
after the date the fish were first
offloaded. Dockside/roving and at-sea
monitor providers must retain the
required records and reports at their
principal place of business.
(f) * * *
(2) * * *
(i) For any vessel not issued a NE
multispecies permit, fishing vessel log
reports, required by paragraph (b)(1)(i)
of this section, must be postmarked or
received by NMFS within 15 days after
the end of the reporting month. If no
fishing trip is made during a particular
month for such a vessel, a report stating
so must be submitted, as instructed by
the Regional Administrator. For any
vessel issued a NE multispecies permit,
fishing vessel log reports must be
postmarked or received by midnight of
the first Tuesday following the end of
the reporting week. If no fishing trip is
made during a reporting week for such
a vessel, a report stating so must be
submitted and received by NMFS by
midnight of the first Tuesday following
the end of the reporting week, as
instructed by the Regional
Administrator. For the purposes of this
paragraph (f)(2)(i), the date when fish
are offloaded will establish the reporting
week or month that the VTR must be
submitted to NMFS, as appropriate. Any
fishing activity during a particular
reporting week (i.e., starting a trip,
landing, or offloading catch) will
constitute fishing during that reporting
week and will eliminate the need to
submit a negative fishing report to
NMFS for that reporting week. For
example, if a vessel issued a NE
multispecies permit begins a fishing trip
on Wednesday, but returns to port and
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69419
offloads its catch on the following
Thursday (i.e., after a trip lasting 8
days), the VTR for the fishing trip would
need to be submitted by midnight
Tuesday of the third week, but a
negative report (i.e., a ‘‘did not fish’’
report) would not be required for either
week.
*
*
*
*
*
(h) Dockside/roving monitor reports.
Any dockside/roving monitor assigned
to observe the offload of a vessel on a
Sector trip must record the amounts of
all species offloaded and report such
amounts to that particular vessel’s
Sector manager and a third-party service
provider, if specified in the operations
plan or the private contract between the
dockside/roving monitor service
provider and an individual Sector. Such
reports must be made available to
dealers for signature, as instructed by
the Regional Administrator.
(i) At-sea monitor/electronic
monitoring reports. Any at-sea monitor
assigned to observe a Sector trip and
any third-party service provider
analyzing data from electronic
monitoring equipment deployed on a
Sector trip must submit reports on
catch, discard, and other data elements
specified by the Regional Administrator
to NMFS, the Sector manager, and
monitoring contractor, as instructed by
the Regional Administrator.
5. In § 648.10, revise paragraphs (b)(4)
and (e)(1)(v), and add paragraph (k) to
read as follows:
§ 648.10 VMS and DAS requirements for
vessel owners/operators.
*
*
*
*
*
(b) * * *
(4) A vessel issued a limited access
NE multispecies permit that fishes or
intends to fish under a NE multispecies
Category A or B DAS, or catches
regulated species or ocean pout while
on a Sector trip; or a vessel issued a
limited access NE multispecies small
vessel category or Handgear A permit
that fishes in multiple stock areas
pursuant to paragraph (k)(2) of this
section;
*
*
*
*
*
(e) * * *
(1) * * *
(v) The owner of a vessel issued a
limited access NE multispecies permit
that fishes or intends to fish under a NE
multispecies Category A or B DAS, or
that catches regulated species or ocean
pout while on a Sector trip, as specified
in paragraph (b)(4) 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 NE
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multispecies DAS or under the
provisions of an approved Sector
operations plan.
*
*
*
*
*
(k) Area-specific reporting
requirements for NE multispecies
vessels.—(1) Reporting requirements for
all limited access NE multispecies vessel
owners or operators. In addition to any
other reporting requirements specified
in this part, the owner or operator of any
vessel issued a limited access NE
multispecies permit on either a common
poor or Sector trip must declare its
intent to fish within one or more of the
NE multispecies broad stock areas, as
defined in paragraph (k)(3) of this
section, and provide the VTR serial
number for the first page of the VTR for
that particular trip via VMS prior to
leaving port at the start of a fishing trip,
as instructed by the Regional
Administrator.
(2) Reporting requirements for NE
multispecies vessel owners or operators
fishing in more than one broad stock
area per trip. Unless otherwise provided
in this paragraph (k)(2), the owner or
operator of any vessel issued a NE
multispecies limited access permit that
has declared its intent to fish within
multiple NE multispecies broad stock
areas, as defined in paragraph (k)(3) of
this section, on the same trip must
submit a trip-level hail report via VMS
detailing the amount of each regulated
species retained (in pounds, landed
weight) within each broad stock area
prior to crossing the VMS demarcation
line, as defined in § 648.10, upon its
return to port following each fishing trip
on which regulated species were caught,
as instructed by the Regional
Administrator. This reporting
requirement is in addition to the
reporting requirements specified in
paragraph (k)(1) of this section and any
other reporting requirements specified
in this part. A vessel is exempt from the
reporting requirements specified in this
paragraph (k)(2) if it is fishing in a
special management program, as
specified in § 648.85, and is required to
submit daily VMS catch reports
consistent with the requirements of that
program. The Regional Administrator
may adjust the reporting frequency
specified in this paragraph and may
exempt vessels on a Sector trip from the
reporting requirements specified in this
paragraph (k)(2) if it is determined that
such reporting requirements would
duplicate those specified in § 648.87(b).
(3) NE multispecies broad stock areas.
For the purposes of the area-specific
reporting requirements listed in
paragraphs (k)(1) and (2) of this section,
the NE multispecies broad stock areas
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are defined in paragraphs (k)(3)(i)
through (iv) of this section. Copies of a
map depicting these areas are available
from the Regional Administrator upon
request.
(i) GOM Stock Area 1. The GOM Stock
Area 1 is defined by straight lines
connecting the following points in the
order stated:
(iv) SNE/MA Stock Area 4. The SNE/
MA Stock Area 4 is the area bounded on
the north and west by the coastline of
the United States, bounded on the south
by a line running from the east-facing
coastline of North Carolina at 35° N. lat.
until its intersection with the EEZ, and
bounded on the east by straight lines
connecting the following points in the
order stated:
GOM STOCK AREA 1
Point
N. Latitude
G1 ....................
G2 ....................
G3 ....................
G4 ....................
CII3 ..................
G6 ....................
G10 ..................
G9 ....................
(1)
43°58′
42°53.1′
42°31′
42°22′
42°20′
42°20′
42°00′
SNE/MA STOCK AREA 4
W. Longitude
(1)
67°22′
67°44.4′
67°28.1′
67°20′
67°20′
70°00′
(2)
1 Intersection of the shoreline and the U.S.Canada maritime boundary.
2 Intersection of the Cape Cod, MA, coastline and 42° 00′ N. lat.
(ii) Inshore GB Stock Area 2. The
Inshore GB Stock Area 2 is defined by
straight lines connecting the following
points in the order stated:
INSHORE GB STOCK AREA 2
Point
N. Latitude
G9 ....................
G10 ..................
IGB1 ................
IGB2 ................
IGB3 ................
IGB4 ................
IGB5 ................
IGB6 ................
IGB7 ................
G12 ..................
W. Longitude
(1)
70°00′
68°50′
68°50′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
42°00′
42°20′
42°20′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(2)
1 The intersection of the Cape Cod, MA,
coastline and 42° 00′ N. lat.
2 South-facing shoreline of Cape Cod, MA.
(iii) Offshore GB Stock Area 3. The
Offshore GB Stock Area 3 is defined by
straight lines connecting the following
points in the order stated:
OFFSHORE GB STOCK AREA 3
Point
N. Latitude
IGB1 ................
CII3 ..................
SNE1 ...............
SNE2 ...............
SNE3 ...............
SNE4 ...............
SNE5 ...............
IGB1 ................
42°20′
42°20′
42°22′
40°27′
39°00′
39°00′
39°50′
39°50′
42°20′
W. Longitude
68°50′
67°20′
67°20′
65°43′
(1)
69°00′
69°00′
68°50′
68°50′
1 The U.S.-Canada maritime boundary as it
intersects with the EEZ.
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Point
G12 ..................
IGB7 ................
IGB6 ................
IGB5 ................
IGB4 ................
IGB3 ................
IGB2 ................
SNE4 ...............
SNE3 ...............
SNE2 ...............
N. Latitude
(1)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
39°50′
39°50′
(2)
W. Longitude
70°00′
70°00′
69°50′
69°50′
69°30′
69°30′
68°50′
68°50′
69°00′
69°00′
1 South-facing shoreline of Cape Cod, MA.
2 The U.S.-Canada maritime boundary as
it
intersects with the EEZ.
6. In § 648.11, add paragraphs (j) and
(k) to read as follows:
§ 648.11 At-sea sea sampler/observer
coverage.
*
*
*
*
*
(j) In the event that a vessel is
requested by the Regional Administrator
to carry a NMFS-certified fisheries
observer pursuant to paragraph (a) of
this section and is also selected to carry
an at-sea monitor as part of an approved
Sector at-sea monitoring program
specified in § 648.87(b)(1)(v) for the
same trip, only the NMFS-certified
fisheries observer is required to go on
that particular trip.
(k) NE multispecies observer
coverage—(1) Pre-trip notification.
Unless otherwise specified in this
paragraph (k), or notified by the
Regional Administrator, the owner,
operator, or manager of a vessel (i.e.,
vessel manager or Sector manager)
issued a limited access NE multispecies
permit that is fishing under a NE
multispecies DAS or on a Sector trip, as
defined in this part, must provide
advanced notice to NMFS of the vessel
name, permit number, and Sector to
which the vessel belongs, if applicable;
contact name and telephone number for
coordination of observer deployment;
date, time, and port of departure; area to
be fished; and gear type to be used at
least 48 hr prior to departing port on
any trip declared into the NE
multispecies fishery pursuant to
§ 648.10 or § 648.85, as instructed by the
Regional Administrator, for the
purposes of selecting vessels for
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observer deployment. For trips lasting
48 hr or less in duration from the time
the vessel leaves port to begin a fishing
trip until the time the vessel returns to
port upon the completion of the fishing
trip, the vessel owner, operator, or
manager may make a weekly
notification rather than trip-by-trip
calls. For weekly notifications, a vessel
must notify NMFS by 0001 hr of the
Friday preceding the week (Sunday
through Saturday) that they intend to
complete at least one NE multispecies
DAS or Sector trip during the following
week and provide the date, time, port of
departure, area to be fished, and gear
type to be used for each trip during that
week. Trip notification calls must be
made no more than 10 days in advance
of each fishing trip. The vessel owner,
operator, or manager must notify NMFS
of any trip plan changes at least 24 hr
prior to vessel departure from port. A
vessel may not begin the trip without
being issued an observer notification or
a waiver by NMFS.
(2) Vessel selection for observer
coverage. NMFS shall notify the vessel
owner, operator, or manager whether
the vessel must carry an observer, or if
a waiver has been granted, for the
specified trip within 24 hr of the vessel
owner’s, operator’s or manager’s
notification of the prospective trip, as
specified in paragraph (k)(1) of this
section. All trip notifications shall be
issued a unique confirmation number. A
vessel may not fish in an area with an
observer waiver confirmation number
that does not match the trip plan that
was called in to NMFS. Confirmation
numbers for trip notification calls are
valid for 48 hr from the intended sail
date. If a trip is interrupted and returns
to port due to bad weather or other
circumstance beyond the operator’s
control, and goes back out within 48 hr,
the same confirmation number and
observer status remains. If the layover
time is greater than 48 hr, a new trip
notification must be made by the
operator, owner, or manager of the
vessel.
7. In § 648.14,
a. Revise the introductory text to
paragraph (k)(12)(iii);
b. Revise paragraphs (e)(1), (k)(3)(i),
(k)(5)(vi)(B), (k)(6)(ii)(A)(1), (k)(7)(i)(B),
(k)(9)(iv)(B), (k)(11)(i)(A)(2), (k)(11)(ii),
(k)(11)(iii)(D), (k)(11)(iv)(A),
(k)(11)(v)(A), (k)(11)(vi), (k)(12)(iii)(A)
through (E), (k)(12)(vi)(D), (k)(12)(vi)(G),
(k)(12)(vi)(I), (k)(12)(vii)(A)(1) and (2),
(k)(12)(viii), (k)(13)(i)(A), (k)(13)(ii)(A)
through (C), and (k)(14);
c. Remove and reserve paragraph
(k)(9)(i), (k)(9)(ii)(G) and (I),
(k)(11)(v)(B)(1), (k)(12)(iv), and
(k)(13)(ii)(D)(3); and
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d. Add paragraphs (d)(3), (k)(2)(iii),
(k)(7)(i)(C)(4), (k)(9)(ii)(M), (k)(9)(iii)(E)
and (F), (k)(12)(iii)(F), (k)(12)(ix),
(k)(13)(ii)(I) and (J), (k)(16)(vi) through
(viii), (k)(18), and (k)(19) to read as
follows:
§ 648.14
Prohibitions.
*
*
*
*
*
(d) * * *
(3) Fail to comply with the
appropriate VMS reporting
requirements, as specified in § 648.10.
*
*
*
*
*
(e) * * *
(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; any authorized officer
conducting any search, inspection,
investigation, or seizure in connection
with enforcement of this part; any
official designee of the Regional
Administrator conducting his or her
duties, including those duties
authorized in § 648.7(g); or any
dockside/roving monitor conducting his
or her duties, including those duties
authorized in § 648.82(n)(2) or
§ 648.87(b)(1)(v)(B)(1).
*
*
*
*
*
(k) * * *
(2) * * *
(iii) Fail to comply with the pre-trip
notification requirements of the NE
multispecies observer program specified
in § 648.11(k).
(3) * * *
(i) Purchase, possess, or receive as a
dealer, or in the capacity of a dealer,
regulated species or ocean pout in
excess of the possession limits specified
in § 648.82, § 648.85, § 648.86, or
§ 648.87 applicable to a vessel issued a
NE multispecies permit, unless
otherwise specified in § 648.17, or
unless the regulated species or ocean
pout are purchased or received from a
vessel that caught them on a Sector trip
and such species are exempt from such
possession limits in accordance with an
approved Sector operations plan, as
specified in § 648.87(c).
*
*
*
*
*
(5) * * *
(vi) * * *
(B) Possess, land, or fish for regulated
species or ocean pout, except winter
flounder as provided for in accordance
with § 648.80(i) from or within the areas
described in § 648.80(i), while in
possession of scallop dredge gear on a
vessel not fishing under the scallop DAS
program as described in § 648.53, or
fishing under a LAGC permit, unless the
vessel and the dredge gear conform with
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69421
the stowage requirements of § 648.23(b),
or unless the vessel has not been issued
a Federal NE multispecies permit and
fishes for, possesses, or lands NE
multispecies exclusively in state waters.
*
*
*
*
*
(6) * * *
(ii) * * *
(A) * * *
(1) If the vessel has been issued a
limited access NE multispecies permit
and fishes under a NE multispecies DAS
or on a Sector trip with gillnet gear, fail
to comply with gillnet tagging
requirements specified in
§§ 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C),
(a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and
(c)(2)(v)(B)(3), or fail to produce
immediately, or cause to be produced
immediately, gillnet tags when
requested by an authorized officer.
*
*
*
*
*
(7) * * *
(i) * * *
(B) Fish for, harvest, possess, or land
regulated species in or from the closed
areas specified in § 648.81(a) through (f),
unless otherwise specified in
§ 648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii),
(f)(2)(vi), or as authorized under
§ 648.85.
(C) * * *
(4) Fail to comply with the
restrictions on fishing and gear specified
in § 648.81(n) for the NE multispecies
restricted gear areas.
*
*
*
*
*
(9) * * *
(ii) * * *
(M) Lease NE multispecies DAS to or
from a common pool vessel if either the
Lessor or the Lessee vessel is a Sector
vessel.
(iii) * * *
(E) Transfer NE multispecies DAS to
or from a common pool vessel if either
the Transferor or the Transferee vessel
is a Sector vessel.
(F) Transfer NE multispecies DAS to
or from a Sector vessel if either the
Transferor or the Transferee vessel is
enrolled in a different Sector for that
particular fishing year.
(iv) * * *
(B) For any common pool or Sector
vessel, fail to comply with the gillnet
requirements and restrictions specified
in § 648.82(j), unless otherwise
exempted pursuant to § 648.87.
*
*
*
*
*
(11) * * *
(i) * * *
(A) * * *
(2) If fishing under a NE multispecies
DAS in the Western U.S./Canada Area
or Eastern U.S./Canada Area specified
in § 648.85(a)(1), exceed the trip limits
specified in § 648.85(a)(3)(iv), unless
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further restricted under § 648.85(b) or
exempted under § 648.87.
*
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*
*
*
(ii) Gear requirements for all persons.
If fishing with trawl gear under a NE
multispecies DAS or on a Sector trip in
the Eastern U.S./Canada Area defined in
§ 648.85(a)(1)(ii), fail to fish with a
haddock separator trawl, flounder trawl
net, or Ruhle trawl, as specified in
§ 648.85(a)(3)(iii) and (b)(6)(iv)(J)(1),
unless using other gear authorized
under § 648.85(b)(6) or (8).
(iii) * * *
(D) If fishing under a NE multispecies
DAS or on a Sector trip in the Eastern
U.S./Canada Area specified in
§ 648.85(a)(1)(ii), but not in a SAP
specified in § 648.85(b) on the same trip,
fail to comply with the requirements
specified in § 648.85(a)(3).
*
*
*
*
*
(iv) * * *
(A) If fishing under a NE multispecies
DAS or on a Sector trip in the Western
U.S./Canada Area or Eastern U.S./
Canada Area specified in § 648.85(a)(1),
fail to report landings in accordance
with § 648.85(a)(3)(v).
*
*
*
*
*
(v) * * *
(A) All persons. If fishing under a NE
multispecies DAS in the Eastern U.S./
Canada Area specified in
§ 648.85(a)(1)(ii), and in one of the SAPs
specified in § 648.85(b)(3) or (8) on the
same trip, fail to comply with the no
discard and DAS flip provisions
specified in § 648.85(b)(3)(xi) and
(b)(8)(v)(I), or the minimum Category A
DAS requirement specified in
§ 648.85(b)(3)(xii) and (b)(8)(v)(J).
*
*
*
*
*
(vi) Closure of the U.S./Canada Area
for all persons. If fishing under a NE
multispecies DAS or on a Sector trip,
declare into, enter, or fish in the Eastern
U.S./Canada Area specified in
§ 648.85(a)(1) if the area is closed under
the authority of the Regional
Administrator as described in
§ 648.85(a)(3)(iv)(D) or (E), unless
fishing in the Closed Area II Yellowtail
Flounder/Haddock SAP specified in
§ 648.85(b)(3) or the Eastern U.S./
Canada Haddock SAP Program specified
in § 648.85(b)(8).
(12) * * *
(iii) Closed Area II Yellowtail
Flounder/Haddock SAP restrictions for
all persons. (A) If fishing under the
Closed Area II Yellowtail Flounder/
Haddock SAP, fish for, harvest, possess,
or land any regulated NE multispecies
or ocean pout from the area specified in
§ 648.85(b)(3)(ii), unless in compliance
with § 648.85(b)(3)(i) through (xiii).
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(B) Enter or fish in Closed Area II as
specified in § 648.81(b), unless declared
into the area in accordance with
§ 648.85(b)(3)(v) or § 648.85(b)(8)(v)(D).
(C) Enter or fish in Closed Area II
under the Closed Area II Yellowtail
Flounder/Haddock SAP outside of the
season specified in § 648.85(b)(3)(iii).
(D) If fishing in the Closed Area II
Yellowtail Flounder/Haddock SAP
specified in § 648.85(b)(3), exceed the
number of trips specified in
§ 648.85(b)(3)(vi) or (vii).
(E) If fishing in the Closed Area II
Yellowtail Flounder/Haddock SAP
specified in § 648.85(b)(3), exceed the
trip limits specified in
§ 648.85(b)(3)(viii).
(F) If fishing in the Closed Area II
Yellowtail Flounder/Haddock SAP
specified in § 648.85(b)(3), fail to
comply with the gear requirements
specified in § 648.85(b)(3)(x).
*
*
*
*
*
(vi) * * *
(D) If fishing in the Closed Area I
Hook Gear Haddock SAP specified in
§ 648.85(b)(7), fail to comply with the
applicable DAS use restrictions
specified in § 648.85(b)(7)(iv)(A) and
(b)(7)(vi)(A).
*
*
*
*
*
(G) If fishing in the Closed Area I
Hook Gear Haddock SAP specified in
§ 648.85(b)(7), fail to comply with the
applicable gear restrictions specified in
§ 648.85(b)(7)(iv)(E), and (b)(7)(v)(A) or
(b)(7)(vi)(B).
*
*
*
*
*
(I) If fishing in the Closed Area I Hook
Gear Haddock SAP specified in
§ 648.85(b)(7), fail to comply with the
applicable reporting requirement
specified in § 648.85(b)(7)(v)(C) or
(b)(7)(vi)(D).
(vii) * * *
(A) * * *
(1) If fishing under a NE multispecies
DAS or on a Sector trip in the Eastern
U.S./Canada Haddock SAP specified in
§ 648.85(b)(8), in the area specified in
§ 648.85(b)(8)(ii), and during the season
specified in § 648.85(b)(8)(iv), fail to
comply with § 648.85(b)(8)(v).
(2) VMS and declaration
requirements. (i) If fishing under a NE
multispecies DAS or on a Sector trip in
the Eastern U.S./Canada Haddock SAP
in the area specified in § 648.85(b)(8)(ii),
fail to comply with the VMS
requirements in § 648.85(b)(8)(v)(B).
(ii) If fishing under a NE multispecies
DAS or on a Sector trip, fish in the
Eastern U.S./Canada Haddock SAP
specified in § 648.85(b)(8), unless
declared into the program in accordance
with § 648.85(b)(8)(v)(D).
*
*
*
*
*
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(viii) Discard legal-sized NE regulated
multispecies or ocean pout while
fishing under a Special Access Program,
as described in § 648.85(b)(3)(xi),
(b)(6)(iv)(E), (b)(7)(iv)(H), or (b)(8)(v)(I),
unless otherwise required pursuant to
possession prohibitions specified in
§ 648.86 or § 648.87.
(ix) GOM Haddock Sink Gillnet Pilot
Program. (A) Fail to comply with the
mesh size, net restriction, DAS use
restriction, or notification requirements
specified in § 648.85(b)(9), unless
otherwise exempted pursuant to
§ 648.87.
(B) Fail to possess on board a letter of
authorization issued by the Regional
Administrator when participating in the
GOM Haddock Sink Gillnet Pilot
Program, as required by
§ 648.85(b)(9)(v)(C).
(C) Fish for, harvest, possess, or land
regulated species or ocean pout while
operating under the GOM Haddock Sink
Gillnet Pilot Program pursuant to
§ 648.85(b)(9) after the program has been
closed pursuant to § 648.85(b)(9)(viii).
(13) * * *
(i) * * *
(A) Under § 648.85 or § 648.86, fail to
offload a sufficient amount of regulated
species or ocean pout subject to a daily
possession limit at the end of a fishing
trip, as required by § 648.86(i).
(ii) * * *
(A) Land, or possess on board a
vessel, more than the possession or
landing limits specified in § 648.86(a),
(b), (c), (d), (e), (g), (h), (j), (k), and (l);
or violate any of the other provisions of
§ 648.86, unless otherwise specified in
§ 648.17.
(B) Possess or land per trip more than
the possession or landing limits
specified in § 648.86(a), (b), (c), (e), (g),
(h), (j), and (l); § 648.81(n),
§ 648.82(b)(5) and (6), § 648.85, or
§ 648.88 if the vessel has been issued a
limited access NE multispecies permit
or open access NE multispecies permit,
as applicable.
(C) Fish for, possess at any time
during a trip, or land regulated NE
multispecies or ocean pout specified in
§ 648.86 after using up the vessel’s
annual DAS allocation or when not
participating in the DAS program
pursuant to § 648.82, unless otherwise
exempted by § 648.82(b)(5), § 648.87, or
§ 648.89, or allowed pursuant to
§ 648.85(b)(6) or § 648.88.
*
*
*
*
*
(I) For common pool vessels,
including vessels issued a limited
access monkfish permit and fishing
under the monkfish Category C or D
permit provisions, land regulated
species or ocean pout more than once
within any 24-hr period.
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(J) For common pool vessels,
including vessels issued a limited
access monkfish permit and fishing
under the monkfish Category C or D
permit provisions, fail to comply with
the most restrictive trip limits
applicable when fishing in multiple
areas, as specified in § 648.85 or
§ 648.86.
(14) Sector requirements. It is
unlawful for any person, including any
owner or operator of a vessel issued a
valid Federal NE multispecies permit
and fishing on a Sector trip to do any
of the following:
(i) Fail to abide by the restrictions
specified in § 648.87(b)(1).
(ii) Catch regulated species or ocean
pout in excess of ACE allocated or
transferred to that Sector pursuant to
§ 648.87(b)(1)(i) and (viii), respectively.
(iii) Fish in a particular stock area, the
Eastern U.S./Canada Area, or a SAP if
the Sector has not been allocated, does
not acquire, or otherwise has
insufficient ACE remaining/available for
all stocks caught in that area, or fail to
operate in a manner that would not
catch stocks for which the Sector has
not been allocated ACE, as described in
an approved Sector operations plan
pursuant to § 648.87(b)(2)(xiv), as
prohibited in § 648.87(b)(1)(ii);
(iv) Violate the provisions of an
approved Sector operations plan or
letter of authorization issued by the
Regional Administrator, as required by
§ 648.87(b)(1)(iv) and (b)(2).
(v) Fail to remain in the Sector for the
remainder of the fishing year, as
required by § 648.87(b)(1).
(vi) Unless otherwise required to use
a NE multispecies DAS to participate in
another fishery, fish in the NE
multispecies DAS program in a given
fishing year or, for common pool
vessels, fish in an approved Sector in a
given fishing year.
(vii) If a vessel is removed from a
Sector for violating the Sector rules, fish
under the NE multispecies regulations
for common pool vessels.
(viii) Discard legal-sized regulated
species or ocean pout allocated to
Sectors pursuant to § 648.87(b)(1)(i), as
prohibited by § 648.87(b)(1)(v).
(ix) Fail to comply with the reporting
requirements specified in
§ 648.87(b)(1)(v) or (vi).
(x) Offload fish before a dockside/
roving monitor arrives, if selected to
have its offloading events observed by a
dockside/roving monitor, as prohibited
by § 648.87(b)(5)(i)(C).
(xi) Leave port to begin a trip before
an at-sea monitor has arrived and
boarded the vessel or before electronic
monitoring equipment has been
properly installed if assigned to carry
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either an at-sea monitor or electronic
monitoring equipment for that trip, as
prohibited by § 648.87(b)(6)(iii)(A).
(xii) Leave port to begin a trip if a
vessel has failed a review of safety
issues by an at-sea monitor and has not
successfully resolved any identified
safety deficiencies, as prohibited by
§ 648.87(b)(6)(iv)(A).
*
*
*
*
*
(16) * * *
(vi) Size limits. If fishing under the
recreational or charter/party regulations,
possess regulated species or ocean pout
that are smaller than the minimum fish
sizes specified in § 648.89(b)(1) and
(b)(3).
(vii) Identification. If fishing under
the recreational or charter/party
regulations, possess regulated species or
ocean pout without at least 2 square
inches (5.1 square cm) of contiguous
skin that allows for the ready
identification of the species of fish upon
landing.
(viii) Atlantic wolffish. If fishing
under the recreational or charter/party
regulations, possess Atlantic wolffish.
*
*
*
*
*
(18) Trimester TAC AM—(i) Vessel
and operator permit holders. (A) Fish
for, harvest, possess, or land regulated
species or ocean pout in or from the
closed areas specified in
§ 648.82(n)(2)(ii) once such areas are
closed pursuant to § 648.82(n)(2)(i).
(B) Fail to comply with the reporting/
recordkeeping requirements specified in
§ 648.87(b)(5).
(C) Employ a dockside/roving monitor
service provider that is not approved/
certified by NMFS, as specified in
§ 648.82(n)(2)(iv)(B).
(19) Dockside/roving and at-sea/
electronic monitoring service providers.
It is unlawful for any dockside/roving
and at-sea/electronic monitoring service
provider, including individual
dockside/roving or at-sea monitors, to
do any of the following:
(i) Fail to comply with the operational
requirements, including the
recordkeeping and reporting
requirements, specified in § 648.87(b)(5)
or (6).
(ii) Provide false or inaccurate
information regarding area fished;
species identification; or amount of each
species kept, discarded, or landed.
*
*
*
*
*
8. In § 648.60, revise the introductory
text to paragraph (a)(5)(ii) and revise
paragraph (a)(5)(ii)(C)(2) to read as
follows:
§ 648.60 Sea scallop area access program
requirements.
*
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69423
(a) * * *
(5) * * *
(ii) NE multispecies possession limits
and yellowtail flounder TAC. Subject to
the seasonal restriction established
under the Sea Scallop Area Access
Program and specified in § 648.59(b)(4),
(c)(4), and (d)(4), and provided the
vessel has been issued a NE
multispecies permit as specified in
§ 648.4(a)(1), after declaring a trip into
a Sea Scallop Access Area and fishing
within the Access Areas described in
§ 648.59(b) through (d), a vessel owner
or operator of a limited access scallop
vessel may fish for, possess, and land,
per trip, up to a maximum of 1,000 lb
(453.6 kg) of all NE multispecies
combined, subject to the minimum
commercial fish size restrictions
specified in § 648.83(a)(2), and the
additional restrictions for Atlantic cod,
haddock, and yellowtail flounder
specified in paragraphs (a)(5)(ii)(A)
through (C) of this section.
*
*
*
*
*
(C) * * *
(2) SNE/MA yellowtail flounder
possession limit. Such vessels fishing
within the Nantucket Lightship Access
Area described in § 648.59(d) may fish
for, possess, and land yellowtail
flounder up to the overall possession
limit of all NE multispecies combined,
as specified in paragraph (a)(5)(ii) of this
section, except that such vessels may
not fish for, possess, or land more than
the possession limit of yellowtail
flounder as specified in § 648.86(g),
provided the Regional Administrator
has not issued a notice that the scallop
fishery portion of the yellowtail
flounder TAC as specified in
§ 648.85(c)(i) has been harvested.
*
*
*
*
*
9. In § 648.80, revise the introductory
text to paragraphs (a)(4)(iv), (a)(11),
(b)(2)(iv), (b)(11), and (c)(2)(v); and
revise paragraphs (a)(3)(i),
(a)(3)(iv)(A)(1), (a)(3)(iv)(B)(1) and (2),
(a)(3)(vi), (a)(4)(i), (a)(4)(iv)(A),
(a)(4)(iv)(B)(1), (a)(8)(i), (a)(11)(i)(B),
(b)(2)(i), (b)(2)(iv)(A), (b)(2)(iv)(B)(1),
(b)(2)(vi), (b)(11)(i), (c)(2)(i), (c)(2)(v)(A),
(c)(2)(v)(B)(1), and (h)(2) to read as
follows:
§ 648.80 NE Multispecies regulated
mesh areas and restrictions on gear and
methods of fishing.
*
*
*
*
*
(a) * * *
(3) * * *
(i) Vessels using trawls. Except as
provided in paragraphs (a)(3)(i) and (vi)
of this section and § 648.85(b)(6), and
unless otherwise restricted under
paragraph (a)(3)(iii) of this section, the
minimum mesh size for any trawl net,
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except a midwater trawl, on a vessel or
used by a vessel fishing under the NE
multispecies DAS program or on a
Sector trip in the GOM Regulated Mesh
Area is 6-inch (15.2-cm) diamond mesh
or 6.5-inch (16.5-cm) square mesh,
applied throughout the body and
extension of the net, or any combination
thereof, and 6.5-inch (16.5-cm) diamond
mesh or square mesh applied to the
codend of the net as defined in
paragraphs (a)(3)(i)(A) and (B) of this
section, provided the vessel complies
with the requirements of paragraph
(a)(3)(vii) of this section. This restriction
does not apply to nets or pieces of nets
smaller than 3 ft (0.9 m) x 3 ft (0.9 m),
(9 sq ft (0.81 sq m)), or to vessels that
have not been issued a NE multispecies
permit and that are fishing exclusively
in state waters.
(iv) * * *
(A) * * *
(1) Mesh size. Except as provided in
paragraphs (a)(3)(iv) and (vi) of this
section, and § 648.85(b)(9), and unless
otherwise restricted under paragraph
(a)(3)(iii) of this section, for any vessel
that obtains an annual designation as a
Trip gillnet vessel, the minimum mesh
size for any sink gillnet when fishing in
the NE multispecies DAS program or on
a Sector trip in the GOM Regulated
Mesh Area is 6.5 inches (16.5 cm)
throughout the entire net. This
restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m)
x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or
to vessels that have not been issued a
NE multispecies permit and that are
fishing exclusively in state waters.
*
*
*
*
*
(B) * * *
(1) Mesh size. Except as provided in
paragraphs (a)(3)(iv) and (vi) of this
section, and § 648.85(b)(9), and unless
otherwise restricted under paragraph
(a)(3)(iii) of this section, for any vessel
that obtain an annual designation as a
Day gillnet vessel, the minimum mesh
size for any sink gillnet when fishing
under the NE multispecies DAS
program or on a Sector trip in the GOM
Regulated Mesh Area is 6.5 inches (16.5
cm) throughout the entire net. This
restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m)
x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or
to vessels that have not been issued a
NE multispecies permit and that are
fishing exclusively in state waters.
(2) Number of nets. A day gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the GOM Regulated Mesh Area may not
fish with, haul, possess, or deploy more
than 50 roundfish sink gillnets or 100
flatfish (tie-down) sink gillnets, each of
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
which must be tagged pursuant to
paragraph (a)(3)(iv)(C) of this section,
except as provided in § 648.92(b)(8)(i).
Vessels may fish any combination of
roundfish and flatfish gillnets up to 100
nets, and may stow additional nets not
to exceed 160 nets, counting deployed
nets.
*
*
*
*
*
(vi) Other restrictions and
exemptions. A vessel is prohibited from
fishing in the GOM or GB Exemption
Area as defined in paragraph (a)(17) of
this section, except if fishing with
exempted gear (as defined under this
part) or under the exemptions specified
in paragraphs (a)(5) through (7), (a)(9)
through (14), (d), (e), (h), and (i) of this
section; or if fishing under a NE
multispecies DAS; or if fishing on a
Sector trip; or if fishing under the Small
Vessel or Handgear A permit specified
in § 648.82(b)(5) and (6), respectively; or
if fishing under a Handgear B permit
specified in § 648.88(a); or if fishing
under the scallop state waters
exemptions specified in § 648.54 and
paragraph (a)(11) of this section; or if
fishing under a scallop DAS in
accordance with paragraph (h) of this
section; or if fishing pursuant to a NE
multispecies open access Charter/Party
or Handgear permit specified in
§ 648.88; or if fishing as a charter/party
or private recreational vessel in
compliance with § 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 § 648.23(b).
*
*
*
*
*
(4) * * *
(i) Vessels using trawls. Except as
provided in paragraph (a)(3)(vi) of this
section, this paragraph (a)(4)(i),
§ 648.85(b)(6) and (8), and
§ 648.87(c)(2)(ii), and unless otherwise
restricted under paragraph (a)(4)(iii) of
this section, the minimum mesh size for
any trawl net, except a midwater trawl,
and the minimum mesh size for any
trawl net when fishing in that portion of
the GB Regulated Mesh Area that lies
within the SNE Exemption Area, as
described in paragraph (b)(10) of this
section, that is not stowed and available
for immediate use in accordance with
§ 648.23(b), on a vessel or used by a
vessel fishing under the NE
multispecies DAS program or on a
Sector trip in the GB Regulated Mesh
Area is 6-inch (15.2-cm) diamond mesh
or 6.5-inch (16.5-cm) square mesh
applied throughout the body and
extension of the net, or any combination
thereof, and 6.5-inch (16.5-cm) diamond
mesh or square mesh applied to the
codend of the net as defined in
PO 00000
Frm 00044
Fmt 4701
Sfmt 4702
paragraph (a)(3)(i) of this section,
provided the vessel complies with the
requirements of paragraphs (a)(3)(vii) of
this section. This restriction does not
apply to nets or pieces of nets smaller
than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft
(0.81 sq m)), or to vessels that have not
been issued a NE multispecies permit
and that are fishing exclusively in state
waters.
*
*
*
*
*
(iv) Gillnet vessels. Except as
provided in paragraph (a)(3)(vi) of this
section and this paragraph (a)(4)(iv), for
Day and Trip gillnet vessels, the
minimum mesh size for any sink gillnet,
and the minimum mesh size for any
roundfish or flatfish gillnet when
fishing in that portion of the GB
Regulated Mesh Area that lies within
the SNE Exemption Area, as described
in paragraph (b)(10) of this section, that
is not stowed and available for
immediate use in accordance with
§ 648.23(b), when fishing under a DAS
in the NE multispecies DAS program or
on a Sector trip in the GB Regulated
Mesh Area is 6.5 inches (16.5 cm)
throughout the entire net. This
restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m)
× 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or
to vessels that have not been issued a
NE multispecies permit and that are
fishing exclusively in state waters.
(A) Trip gillnet vessels. A Trip gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the GB Regulated Mesh Area may not
fish with nets longer than 300 ft (91.4
m), or 50 fathoms (91.4 m) in length.
(B) * * *
(1) Number of nets. A Day gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the GB Regulated Mesh Area may not
fish with, haul, possess, or deploy more
than 50 nets, except as provided in
§ 648.92(b)(8)(i).
*
*
*
*
*
(8) * * *
(i) Exemption allowing no incidental
catch of regulated multispecies. An
exemption may be added in an existing
fishery for which there are sufficient
data or information to ascertain the
amount of regulated species bycatch, if
the Regional Administrator, after
consultation with the NEFMC,
determines that the percentage of
regulated species caught as bycatch is,
or can be reduced to, less than 5
percent, by weight, of total catch, unless
otherwise specified in this paragraph
(a)(8)(i) of this section, and that such
exemption will not jeopardize fishing
mortality objectives. The 5-percent
regulated species incidental bycatch
E:\FR\FM\31DEP2.SGM
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
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standard could be modified for a stock
that is not in an overfished condition, or
if overfishing is not occurring on that
stock. When considering modifications
of the standard, it must be shown that
the change will not delay a rebuilding
program, or result in overfishing or an
overfished condition. In determining
whether exempting a fishery may
jeopardize meeting fishing mortality
objectives, the Regional Administrator
may take into consideration various
factors including, but not limited to,
juvenile mortality, sacrifices in yield
that will result from that mortality, the
ratio of target species to regulated
species, status of stock rebuilding, and
recent recruitment of regulated species.
A fishery can be defined, restricted, or
allowed by area, gear, season, or other
means determined to be appropriate to
reduce bycatch of regulated species. The
Regional Administrator may modify or
delete an existing exemption if he/she
determines that the catch of regulated
species is equal to or greater than 5
percent, by weight of total catch, or
another pertinent approved amount, or
that continuing the exemption may
jeopardize meeting fishing mortality
objectives. Notification of additions,
deletions, or modifications will be made
through issuance of a rule in the Federal
Register.
*
*
*
*
*
(11) GOM Scallop Dredge Exemption
Area. Unless otherwise prohibited in
§ 648.81, vessels with a limited access
scallop permit that have declared out of
the DAS program as specified in
§ 648.10, or that have used up their DAS
allocations, and vessels issued a General
Category scallop permit, may fish in the
GOM Regulated Mesh Area specified in
paragraph (a)(1) of this section, when
not under a NE multispecies DAS,
providing the vessel fishes in the GOM
Scallop Dredge Exemption Area and
complies with the requirements
specified in paragraph (a)(11)(i) of this
section. The GOM Scallop Dredge
Fishery Exemption Area is defined by
the straight lines connecting the
following points in the order stated
(copies of a map depicting the area are
available from the Regional
Administrator upon request):
GOM SCALLOP DREDGE EXEMPTION
AREA
Point
SM1
SM2
SM3
SM4
SM5
N. Latitude
.................
.................
.................
.................
.................
VerDate Nov<24>2008
41°35′
41°35′
42°49.5′
43°12′
43°41′
15:07 Dec 30, 2009
W. Longitude
70°00′
69°40′
69°40′
69°00′
68°00′
Jkt 220001
GOM SCALLOP DREDGE EXEMPTION
AREA—Continued
Point
N. Latitude
SM6 .................
SM7 .................
43°58′
(1)
W. Longitude
67°22′
(1)
1 Northward along the irregular U.S.-Canada
maritime boundary to the shoreline.
(i) * * *
(B) A vessel fishing in the GOM
Scallop Dredge Fishery Exemption Area
under the exemption specified in this
paragraph (a)(11) must fish with dredge
gear. The combined dredge width in use
by, or in possession on board, may not
exceed 10.5 ft (3.2 m), measured at the
widest point in the bail of the dredge.
*
*
*
*
*
(b) * * *
(2) * * *
(i) Vessels using trawls. Except as
provided in paragraphs (b)(2)(i) and (vi)
of this section, and § 648.85(b)(6), and
unless otherwise restricted under
paragraph (b)(2)(iii) of this section, the
minimum mesh size for any trawl net,
not stowed and not available for
immediate use in accordance with
§ 648.23(b), except midwater trawl, on a
vessel or used by a vessel fishing under
the NE multispecies DAS program or on
a Sector trip in the SNE Regulated Mesh
Area is 6-inch (15.2-cm) diamond mesh
or 6.5-inch (16.5-cm) square mesh,
applied throughout the body and
extension of the net, or any combination
thereof, and 6.5-inch (16.5-cm) square or
diamond mesh applied to the codend of
the net, as defined in paragraph (a)(3)(i)
of this section. This restriction does not
apply to nets or pieces of nets smaller
than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft
(0.81 sq m)), or to vessels that have not
been issued a NE multispecies permit
and that are fishing exclusively in state
waters.
*
*
*
*
*
(iv) Gillnet vessels. For Day and Trip
gillnet vessels, the minimum mesh size
for any sink gillnet not stowed and not
available for immediate use in
accordance with § 648.23(b), when
fishing under a DAS in the NE
multispecies DAS program or on a
Sector trip in the SNE Regulated Mesh
Area, is 6.5 inches (16.5 cm) throughout
the entire net. This restriction does not
apply to nets or pieces of nets smaller
than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft
(0.81 sq m)), or to vessels that have not
been issued a NE multispecies permit
and that are fishing exclusively in state
waters. Day gillnet vessels must also
abide by the tagging requirements in
paragraph (a)(3)(iv)(C) of this section.
PO 00000
Frm 00045
Fmt 4701
Sfmt 4702
69425
(A) Trip gillnet vessels. A Trip gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the SNE Regulated Mesh Area may not
fish with nets longer than 300 ft (91.4
m), or 50 fathoms (91.4 m) in length.
(B) * * *
(1) Number of nets. A Day gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the SNE Regulated Mesh Area may not
fish with, haul, possess, or deploy more
than 75 nets, except as provided in
§ 648.92(b)(8)(i). Such vessels, in
accordance with § 648.23(b), may stow
additional nets not to exceed 160,
counting deployed nets.
*
*
*
*
*
(vi) Other restrictions and
exemptions. A vessel is 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; or if fishing on a
Sector trip; or if fishing under the Small
Vessel or Handgear A permit specified
in § 648.82(b)(5) and (6), respectively; or
if fishing under a Handgear B permit
specified in § 648.88(a); or if fishing
under a scallop state waters exemption
specified in § 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 specified in § 648.88; or if fishing
as a charter/party or private recreational
vessel in compliance with the
regulations specified in § 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 § 648.23(b).
*
*
*
*
*
(11) SNE Scallop Dredge Exemption
Area. Unless otherwise prohibited in
§ 648.81, or 50 CFR part 648, subpart D,
vessels with a limited access scallop
permit that have declared out f the DAS
program as specified in § 648.10, or that
have used up their DAS allocation, and
vessels issued a General Category
scallop permit, may fish in the SNE
RMA when not under a NE multispecies
DAS, provided the vessel fishes in the
SNE Scallop Dredge Exemption Area
and complies with the requirements
specified in paragraph (b)(11)(ii) of this
section.
E:\FR\FM\31DEP2.SGM
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
(i) The SNE Scallop Dredge
Exemption Area is that area (copies of
a chart depicting this area are available
from the Regional Administrator upon
request):
(A) Bounded on the west, south and
east by straight lines connecting the
following points in the order stated:
Point
Sc1
Sc2
Sc3
Sc4
Sc5
Sc6
Sc7
Sc8
N. Latitude
..................
..................
..................
..................
..................
..................
..................
..................
(1)
40°00′
40°00′
39°50′
39°50′
(2)
(3)
(4)
W. Longitude
72°30′
72°30′
71°40′
71°40′
70°00′
70°00′
70°00′
70°00′
1 South
facing shoreline of Long Island, NY.
facing shoreline of Nantucket, MA.
3 North facing shoreline of Nantucket, MA.
4 South facing shoreline of Cape Cod, MA.
2 South
(B) Bounded on the northwest by
straight lines connecting the following
points in the order stated:
Point
N. Latitude
Sc9 ..................
Sc10 ................
Sc11 ................
41°00′
41°00′
(2)
W. Longitude
(1)
71°40′
71°40′
1 East facing shoreline of the south fork of
Long Island, NY.
2 South facing shoreline of RI.
erowe on DSK5CLS3C1PROD with PROPOSALS2
*
*
*
*
*
(c) * * *
(2) * * *
(i) Vessels using trawls. Except as
provided in paragraph (c)(2)(iii) of this
section, and § 648.85(b)(6), the
minimum mesh size for any trawl net
not stowed and not available for
immediate use in accordance with
§ 648.23(b), on a vessel or used by a
vessel fishing under the NE
multispecies DAS program or on a
Sector trip in the MA Regulated Mesh
Area (§ 648.104(a)), applied throughout
the body and extension of the net, or
any combination thereof, and 6.5-inch
(16.5-cm) diamond or square mesh
applied to the codend of the net, as
defined in paragraph (a)(3)(i) of this
section. This restriction does not apply
to nets or pieces of nets smaller than 3
ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81
sq m)), or to vessels that have not been
issued a NE multispecies permit and
that are fishing exclusively in state
waters.
*
*
*
*
*
(v) Gillnet vessels. For Day and Trip
gillnet vessels, the minimum mesh size
for any sink gillnet, not stowed and not
available for immediate use in
accordance with § 648.23(b), when
fishing under a DAS in the NE
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
multispecies DAS program or on a
Sector trip in the MA Regulated Mesh
Area, is 6.5 inches (16.5 cm) throughout
the entire net. This restriction does not
apply to nets or pieces of nets smaller
than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft
(0.81 sq m)), or to vessels that have not
been issued a NE multispecies permit
and that are fishing exclusively in state
waters.
(A) Trip gillnet vessels. A Trip gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the MA Regulated Mesh Area may not
fish with nets longer than 300 ft (91.4
m), or 50 fathoms (91.4 m) in length.
(B) * * *
(1) Number of nets. A Day gillnet
vessel fishing under a NE multispecies
DAS or on a Sector trip and fishing in
the MA Regulated Mesh Area, may not
fish with, haul, possess, or deploy more
than 75 nets, except as provided in
§ 648.92(b)(8)(i). Such vessels, in
accordance with § 648.23(b), may stow
additional nets not to exceed 160,
counting deployed nets.
*
*
*
*
*
(h) * * *
(2) Limited access scallop vessels
issued a limited access NE multispecies
permit and fishing under a NE
multispecies DAS are subject to the gear
restrictions specified in this section and
may possess and land unlimited
amounts of regulated species or ocean
pout, unless otherwise restricted by
§ 648.86. Such vessels may
simultaneously fish under a scallop
DAS, but are prohibited from using
scallop dredge gear on such trips.
*
*
*
*
*
10. In § 648.81, revise the
introductory text for paragraph (f)(2)(ii);
revise paragraphs (b)(2)(iii) and (j)(1);
and add paragraphs (f)(2)(vi), (g)(2)(iv)
and (v), and (n) to read as follows:
§ 648.81 NE multispecies closed areas
and measures to protect EFH.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) Fishing in the CA II Yellowtail
Flounder/Haddock SAP or the Eastern
U.S./Canada Haddock SAP Program as
specified in § 648.85(b)(3)(ii) or
(b)(8)(ii), respectively; or
*
*
*
*
*
(f) * * *
(2) * * *
(ii) That are fishing with or using
exempted gear as defined under this
part, or in the Midwater Trawl Gear
Exempted Fishery as specified under
648.80(d), and excluding pelagic gillnet
gear capable of catching NE
multispecies, except for vessels fishing
with a single pelagic gillnet not longer
PO 00000
Frm 00046
Fmt 4701
Sfmt 4702
than 300 ft (91.4 m) and not greater than
6 ft (1.83 m) deep, with a maximum
mesh size of 3 inches (7.6 cm),
provided:
*
*
*
*
*
(vi) That are fishing on a Sector trip,
provided such vessels comply with the
following restricted areas referred to as
the Sector Rolling Closure Areas:
(A) Sector Rolling Closure Area I.
From March 1 through March 31, the
restrictions specified in this paragraph
(f)(2)(vi) apply to Sector Rolling Closure
Area I, which is the area bounded by
straight lines connecting the following
points in the order stated:
SECTOR ROLLING CLOSURE AREA I
[March 1–March 31]
Point
W. Longitude
N. Latitute
GM3 .................
GM5 .................
GM6 .................
GM23 ...............
42°00′
42°00′
42°30′
42°30′
(1)
68°30′
68°30′
70°00′
1 Cape Cod, MA shoreline on the Atlantic
Ocean.
(B) Sector Rolling Closure Area II.
From April 1 through April 30, the
restrictions specified in this paragraph
(f)(2)(vi) apply to Sector Rolling Closure
Area II, which is the area bounded by
straight lines connecting the following
points in the order stated:
SECTOR ROLLING CLOSURE AREA II
[April 1–April 30]
Point
GM1 .................
GM2 .................
GM3 .................
SGM1 ..............
SGM2 ..............
SGM3 ..............
1 MA
W. Longitude
N. Latitude
42°00′
42°00′
42°00′
42°00′
43°00′
43°00′
(1)
(2)
(3)
70°00′
70°00′
(4)
shoreline.
Cod, MA shoreline on Cape Cod
2 Cape
Bay.
3 Cape Cod, MA shoreline on the Atlantic
Ocean.
4 NH shoreline.
(C) Sector Rolling Closure Area III.
From May 1 through May 31, the
restrictions specified in this paragraph
(f)(2)(vi) apply to Sector Rolling Closure
Area III, which is the area bounded by
straight lines connecting the following
points in the order stated:
SECTOR ROLLING CLOSURE AREA III
[May 1–May 31]
Point
SGM4 ..............
E:\FR\FM\31DEP2.SGM
31DEP2
W. Longitude
N. Latitude
42°30′
(1)
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
SECTOR ROLLING CLOSURE AREA III— approved Sector operations plan, as
specified in § 648.87(c).
Continued
*
[May 1–May 31]
Point
N. Latitude
SGM5 ..............
SGM6 ..............
SGM7 ..............
SGM8 ..............
GM18 ...............
42°30′
43°00′
43°00′
43°30′
43°30′
W. Longitude
70°00′
70°00′
69°30′
69°30′
(2)
Point
shoreline.
2 NH shoreline.
(D) Sector Rolling Closure Area IV.
From June 1 through June 30, the
restrictions specified in this paragraph
(f)(2)(vi) apply to Sector Rolling Closure
Area IV, which is the area bounded by
straight lines connecting the following
points in the order stated:
SECTOR ROLLING CLOSURE AREA IV
[June 1–June 30]
N. Latitude
SGM9 ..............
SGM6 ..............
SGM10 ............
SGM11 ............
GM22 ...............
1 MA
2 ME
43°00′
43°00′
43°30′
43°30′
(2)
W. Longitude
(1)
70°00′
70°00′
69°00′
69°00′
shoreline.
shoreline.
(E) Sector Rolling Closure Area V.
From October 1 through November 30,
the restrictions specified in this
paragraph (f)(2)(vi) apply to Sector
Rolling Closure Area V, which is the
area bounded by straight lines
connecting the following points in the
order stated:
SECTOR ROLLING CLOSURE AREA V
[October 1—November 30]
Point
GM1
GM2
GM3
GM4
GM8
GM9
N. Latitude
.................
.................
.................
.................
.................
.................
1 MA
42°00′
42°00′
42°00′
42°00′
42°30′
42°30′
W. Longitude
(1)
(2)
(3)
70°00′
70°00′
(1)
shoreline.
Cod, MA shoreline on Cape Cod
2 Cape
erowe on DSK5CLS3C1PROD with PROPOSALS2
Bay.
3 Cape Cod, MA shoreline on the Atlantic
Ocean.
(g) * * *
(2) * * *
(iv) That are fishing in the CA I Hook
Gear Haddock Access Area pursuant to
§ 648.85(b)(7).
(v) That are fishing under the
restrictions and conditions of an
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
N. Latitude
W. Longitude
Inshore boundary
1 MA
Point
*
*
*
*
(j) * * *
(1) Restricted Gear Area I is defined
by straight lines connecting the
following points in the order stated:
to 120
69 .............
70 .............
71 .............
72 .............
73 .............
74 .............
75 .............
76 .............
77 .............
78 .............
79 .............
80 .............
81 .............
82 .............
83 .............
84 .............
85 .............
86 .............
87 .............
88 .............
89 .............
90 .............
91 .............
92 .............
93 .............
94 .............
95 .............
96 .............
97 .............
98 .............
99 .............
100 ...........
102 ...........
103 ...........
104 ...........
105 ...........
106 ...........
107 ...........
108 ...........
110 ...........
111 ...........
112 ...........
115 ...........
116 ...........
119 ...........
to 181
40°07.9′
40°07.2′
40°06.9′
40°08.7′
40°08.1′
40°05.7′
40°03.6′
40°03.65′
40°04.35′
40°05.2′
40°05.3′
40°08.9′
40°11.0′
40°11.6′
40°10.25′
40°09.75′
40°08.45′
40°05.65′
40°04.1′
40°02.65′
40°02.00′
40°02.65′
40°00.05′
39°57.8′
39°56.65′
39°56.1′
39°56.55′
39°57.85′
40°00.65′
40°00.9′
39°59.15′
39°58.8′
39°56.2′
39°55.75′
39°56.7′
39°57.55′
39°57.4′
39°56.9′
39°58.25′
39°59.2′
40°00.7′
40°03.75′
40°05.2′
40°02.45′
40°02.75′
68°36.0′
68°38.4′
68°46.5′
68°49.6′
68°51.0′
68°52.4′
68°57.2′
69°00.0′
69°00.5′
69°00.5′
69°01.1′
69°01.75′
69°03.8′
69°05.4′
69°04.4′
69°04.15′
69°03.6′
69°03.55′
69°03.9′
69°05.6′
69°08.35′
69°11.15′
69°14.6′
69°20.35′
69°24.4′
69°26.35′
69°34.1′
69°35.5′
69°36.5′
69°37.3′
69°37.3′
69°38.45′
69°40.2′
69°41.4′
69°53.6′
69°54.05′
69°55.9′
69°57.45′
70°03.0′
70°04.9′
70°08.7′
70°10.15′
70°10.9′
70°14.1′
70°16.1′
Offshore boundary
to 69
120
121
122
123
124
125
126
127
128
129
130
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Frm 00047
40°06.4′
40°05.25′
40°05.4′
40°06.0′
40°07.4′
40°05.55′
40°03.9′
40°02.25′
40°02.6′
40°02.75′
40°04.2′
Fmt 4701
Sfmt 4702
68°35.8′
68°39.3′
68°44.5′
68°46.5′
68°49.6′
68°49.8′
68°51.7′
68°55.4′
69°00.0′
69°00.75′
69°01.75′
Point
131
132
133
134
135
136
137
138
139
140
141
142
143
144
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
to 119
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*
N. Latitude
40°06.15′
40°07.25′
40°08.5′
40°09.2′
40°09.75′
40°09.55′
40°08.4′
40°07.2′
40°06.0′
40°05.4′
40°04.8′
40°03.55′
40°01.9′
40°01.0′
39°59.9′
40°00.6′
39°59.25′
39°57.45′
39°56.1′
39°54.6′
39°54.65′
39°54.8′
39°54.35′
39°55.0′
39°56.55′
39°57.95′
39°58.75′
39°58.8′
39°57.95′
39°54.5′
39°53.6′
39°54.7′
39°55.25′
39°55.2′
39°54.85′
39°55.7′
39°56.15′
39°56.05′
39°55.3′
39°54.8′
39°56.05′
39°55.3′
39°56.9′
39°58.9′
39°59.6′
40°01.35′
40°02.6′
40°00.4′
39°59.75′
39°59.3′
69427
W. Longitude
69°01.95′
69°02.0′
69°02.25′
69°02.95′
69°03.3′
69°03.85′
69°03.4′
69°03.3′
69°03.1′
69°03.05′
69°03.05′
69°03.55′
69°03.95′
69°04.4′
69°06.25′
69°10.05′
69°11.15′
69°16.05′
69°20.1′
69°25.65′
69°26.9′
69°30.95′
69°33.4′
69°34.9′
69°36.0′
69°36.45′
69°36.3′
69°36.95′
69°38.1′
69°38.25′
69°46.5′
69°50.0′
69°51.4′
69°53.1′
69°53.9′
69°54.9′
69°55.35′
69°56.25′
69°57.1′
69°58.6′
70°00.65′
70°02.95′
70°11.3′
70°11.5′
70°11.1′
70°11.2′
70°12.0′
70°12.3′
70°13.05′
70°14.0′
*
*
*
*
(n) NE Multispecies Restricted Gear
Areas. With the exception of a vessel on
a Sector trip, any vessel issued a limited
access NE multispecies permit that is
fishing any part of a trip in one or both
of the NE Multispecies Restricted Gear
Areas specified in paragraphs (n)(1) and
(2) of this section must comply with all
applicable restrictions specified in this
paragraph (n). If such a vessel fishes
inside/outside of these areas on the
same trip, the most restrictive measures
for the areas fished apply, including, but
not limited to, gear restrictions and trip
limits.
(1) Western GB Multispecies
Restricted Gear Area. The Western GB
Multispecies Restricted Gear Area is
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
defined as the area bounded by straight
lines connecting the following points in
the order stated:
WESTERN GB MULTISPECIES
RESTRICTED GEAR AREA
Point
N. Latitude
G8 ....................
GM5 .................
MRGA1 ............
YTA5 ...............
G8 ....................
42°00′
42°00′
41°00′
41°00′
42°00′
W. Longitude
69°30′
68°30′
68°30′
69°30′
69°30′
(2) SNE Multispecies Restricted Gear
Area. The SNE Multispecies Restricted
Gear Area is defined as the area
bounded by straight lines connecting
the following points in the order stated:
SNE MULTISPECIES RESTRICTED GEAR
AREA
Point
N. Latitude
MRAG1 ............
MRGA2 ............
MRGA3 ............
MRGA4 ............
MRGA5 ............
MRGA6 ............
MRGA7 ............
SNEMA3 ..........
MRGA8 ............
MRGA9 ............
MRGA10 ..........
MRAG1 ............
(1)
70°30′
70°30′
70°30′
70°30′
71°30′
71°30′
72°00′
72°00′
72°00′
72°00′
70°30′
41°30′
41°30′
(2)
(3)
40°00′
40°00′
40°30′
40°30′
(4)
(5)
(6)
(1)
1 East-facing shoreline of
2 North-facing shoreline
W. Longitude
RI.
of Martha’s Vine-
erowe on DSK5CLS3C1PROD with PROPOSALS2
yard, MA.
3 South-facing shoreline of Martha’s Vineyard, MA.
4 South-facing shoreline of Long Island, NY.
5 North-facing shoreline of Long Island, NY.
6 South-facing shoreline of CT.
(3) Gear restrictions. Unless otherwise
authorized pursuant to paragraph
(n)(3)(iv) of this section, a limited access
NE multispecies vessel subject to the
restrictions of paragraph (n) of this
section may only use one or more of the
gear types listed in paragraphs (n)(3)(i)
through (iii) of this section. No other
type of fishing gear may be on board the
vessel when fishing in the NE
Multispecies Restricted Gear Areas
specified in paragraphs (n)(1) and (2) of
this section.
(i) Trawl gear. A limited access NE
multispecies vessel subject to the
restrictions of paragraph (n) of this
section using trawl gear may only use a
haddock separator trawl, as specified in
§ 648.85(a)(3)(iii)(A); a Ruhle trawl, as
specified in § 648.85(b)(6)(iv)(J)(3); or a
rope separator trawl, as specified in
paragraph (n)(3)(i)(A) of this section.
(A) Rope separator trawl. A rope
separator trawl is defined as a four-seam
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bottom trawl net (i.e., a net with a top
and bottom panel and two side panels)
modified to include both a horizontal
separator panel and an escape opening
in the bottom belly of the net below the
separator panel, as further specified in
paragraphs (n)(3)(i)(A)(1) through (3) of
this section.
(1) Mesh size. Unless otherwise
specified in this paragraph
(n)(3)(i)(A)(1), the minimum mesh size
applied throughout the body and
extension of a rope separator trawl must
be 6-inch (15.2–cm) diamond mesh or
6.5-inch (16.5–cm) square mesh, or any
combination thereof. Mesh in the
bottom belly of the net must be 13-inch
(33–cm) diamond mesh. Unless
otherwise specified in this part, the
codend mesh size must be consistent
with mesh size requirements specified
in § 648.80. The mesh size of a
particular section of the rope separator
trawl is measured in accordance with
§ 648.80(f)(2), unless insufficient
numbers of mesh exist, in which case
the maximum total number of meshes in
the section will be measured (between
2 and 20 meshes).
(2) Separator panel. The separator
panel must consist of parallel lines
made of fiber rope, the ends of which
are attached to each side of the net
starting at the forward edge of the
square of the net and running aft toward
the extension of the net. The leading
rope must be attached to the side panel
at a point at least 1⁄3 of the number of
meshes of the side panel above the
lower gore, and the panel of ropes shall
slope downward toward the extension
of the net. For example, if the side panel
of the net is 42 meshes tall, the leading
rope must be attached at least 14 meshes
above the lower gore. The forward 2⁄3 of
the separator ropes that comprise the
separator panel must be no farther than
26 inches (66 cm) apart, with the after
1⁄3 of the separator ropes that comprise
the separator panel being no farther than
13 inches (33 cm) apart. The ends of the
aftermost rope shall be attached to the
bottom belly at a point 1⁄6 of the number
of meshes of the after end of the bottom
belly below the lower gore. The
separator ropes should be of sufficient
length not to impinge upon the overall
shape of the net without being too long
to compromise the selectivity of the net.
The separator ropes may not be
manipulated in any way that would
inhibit the selectivity of the net by
causing the separator ropes to dip
toward the bottom belly of the net and
obscure the escape opening, as defined
in paragraph (n)(3)(i)(A)(3) of this
section.
(3) Escape opening. The escape
opening must be positioned in the
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Sfmt 4702
bottom belly of the net behind the
sweep and terminate under the
separator panel, as described in
paragraph (n)(3)(i)(A)(2) of this section.
Longitudinal lines may be used to
maintain the shape of the escape
opening, as necessary. The escape
opening shall be at least 18 meshes in
both length and width.
(B) [Reserved]
(ii) Gillnet gear. A limited access NE
multispecies vessel subject to the
restrictions of paragraph (n) of this
section using gillnet gear may only use
roundfish gillnets or flatfish gillnets
consistent with the gear requirements in
§ 648.80, provided the mesh size of the
flatfish gillnet gear is greater than or
equal to 10 inches (25.4 cm) throughout
the entire net.
(iii) Hook gear. A limited access NE
multispecies vessel subject to the
restrictions of paragraph (n) of this
section using hook gear may only use
longline gear, tub trawls, or handgear.
(iv) Approval of additional gear. The
Regional Administrator may authorize
additional gear for use in the NE
Multispecies Restricted Gear Areas in
accordance with the standards and
requirements specified in
§ 648.85(b)(6)(iv)(J)(2).
(4) VMS declaration. In addition to
any other declaration requirements
specified in this part, the operator of a
limited access NE multispecies vessel
intending to fish, or fishing, in one or
both of the NE Multispecies Restricted
Gear Areas, as specified in paragraphs
(n)(1) and (2) of this section must
declare into one or both of these areas
via VMS, as instructed by the Regional
Administrator, prior to departure from
port. In lieu of a VMS declaration, the
Regional Administrator may authorize
such vessels to obtain a letter of
authorization. If a letter of authorization
is required, such vessel may not fish
outside of the NE Multispecies
Restricted Gear Areas for a minimum of
7 consecutive days (when fishing under
the multispecies DAS program), and
must carry the authorization letter on
board.
(5) Trip limits. A limited access NE
multispecies vessel subject to the
restrictions of paragraph (n) of this
section must comply with the trip limits
specified in § 648.86, unless further
restricted by the following trip limits:
(i) If fishing exclusively under a NE
multispecies DAS or under both a NE
multispecies DAS and a monkfish DAS
with gear other than gillnet gear, 500 lb
(227 kg) of all flatfish species (American
plaice, witch flounder, winter flounder,
windowpane flounder, yellowtail
flounder, and Atlantic halibut),
combined; 500 lb (227 kg) of monkfish
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(whole weight), unless also subject to
the monkfish possession restrictions in
§ 648.94(b)(3); 500 lb (227 kg) of skates
(whole weight); and zero possession of
lobsters.
(ii) If fishing under both a NE
multispecies DAS and a monkfish DAS
with gillnet gear, 500 lb (227 kg) of all
flatfish species (American plaice, witch
flounder, winter flounder, windowpane
flounder, yellowtail flounder, and
Atlantic halibut), combined; the
applicable monkfish possession limits
specified in § 648.94(b); 500 lb (227 kg)
of skates (whole weight); and zero
possession of lobsters.
(6) Transiting. A limited access NE
multispecies vessel that is not subject to
the restrictions of this paragraph (n)
may transit the NE Multispecies
Restricted Gear Areas specified in
paragraphs (n)(1) and (2) of this section,
provided any gear that is not authorized
under paragraph (n)(3) of this section is
stowed and not available for immediate
use in accordance with § 648.23(b).
11. In § 648.82:
(a) Revise the introductory text to
paragraphs (b)(6), (d)(1), (d)(2)(i)(B),
(d)(2)(ii)(B), (j), (j)(1), and (k)(4)(xi);
(b) Revise paragraphs (d)(1)(iii),
(d)(2)(i)(B)(3), (d)(2)(ii)(B)(3), (e)(1),
(e)(3), (g), (h), (j)(1)(ii) and (iii), (j)(2),
(k)(2)(ii), (k)(4)(i), (k)(4)(v), (k)(4)(x),
(k)(4)(xi)(B), (l)(1)(ii), (l)(1)(iv), (l)(1)(vi)
through (viii), and (l)(2)(i);
(c) Remove and reserve paragraphs
(c)(2), (e)(2), and (k)(4)(iv);
(d) Remove paragraphs (d)(4) and
(l)(1)(ix); and
(e) Add paragraphs (d)(1)(iv),
(d)(2)(i)(B)(4), (d)(2)(ii)(B)(4),
(k)(4)(xi)(C), and (n) to read as follows:
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
erowe on DSK5CLS3C1PROD with PROPOSALS2
*
*
*
*
*
(b) * * *
(6) Handgear A category. A vessel
qualified and electing to fish under the
Handgear A category, as described in
§ 648.4(a)(1)(i)(A), may retain, per trip,
up to 750 lb (340.2 kg) of cod, one
Atlantic halibut, and the daily
possession limit for other regulated
species and ocean pout as specified in
§ 648.86. The cod trip limit will be
adjusted proportionally to the trip limit
for GOM cod (rounded up to the nearest
50 lb (22.7 kg)), as specified in
§ 648.86(b)). For example, if the GOM
cod trip limit specified in § 648.86(b)
doubled, then the cod trip limit for the
Handgear A category would double.
Qualified vessels electing to fish under
the Handgear A category are subject to
the following restrictions:
*
*
*
*
*
(d) * * *
VerDate Nov<24>2008
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Jkt 220001
(1) Category A DAS. Calculation of
Category A DAS for each fishing year is
specified in paragraphs (d)(1)(i) through
(iv) of this section. An additional 36
percent of Category A DAS will be
added and available for use for
participants in the Large Mesh
Individual DAS permit category, as
described in paragraph (b)(4) of this
section, provided the participants
comply with the applicable gear
restrictions. Category A DAS may be
used in the NE multispecies fishery to
harvest and land stocks of regulated
species or ocean pout, in accordance
with all of the conditions and
restrictions of this part.
*
*
*
*
*
(iii) For fishing year 2009 (May 1,
2009, through April 30, 2010), Category
A DAS are defined as 45 percent of the
vessel’s used DAS baseline specified in
paragraph (c)(1) of this section.
(iv) Starting in fishing year 2010
(beginning May 1, 2010), Category A
DAS are defined as follows:
(A) For a vessel fishing under the
provisions of the common pool, as
defined in this part, Category A DAS are
defined as 27.5 percent of the vessel’s
used DAS baseline specified in
paragraph (c)(1) of this section, unless
otherwise revised pursuant to paragraph
(n)(1) of this section, or reduced
pursuant to § 648.87(b)(1)(iii).
(B) For a Sector vessel, Category A
DAS allocated for use when fishing in
other fisheries that require the
concurrent use of a NE multispecies
DAS are defined as 45 percent of the
vessel’s used DAS baseline specified in
paragraph (c)(1) of this section.
(2) * * *
(i) * * *
(B) Calculation. Regular B DAS are
calculated as follows:
*
*
*
*
*
(3) For fishing year 2009 (May 1,
2009, through April 30, 2010), Regular
B DAS are defined as 27.5 percent of the
vessel’s used DAS baseline specified in
paragraph (c)(1) of this section.
(4) Starting in fishing year 2010
(beginning May 1, 2010), Regular B DAS
are defined as follows:
(i) For a common pool vessel, Regular
B DAS are defined as 36.25 percent of
the vessel’s used DAS baseline specified
in paragraph (c)(1) of this section,
unless otherwise revised pursuant to
paragraph (n)(1) of this section.
(ii) For a Sector vessel, Regular B DAS
are defined as 27.5 percent of the
vessel’s used DAS baseline specified in
paragraph (c)(1) of this section.
(ii) * * *
(B) Calculation. Reserve B DAS are
calculated as follows:
*
*
*
*
*
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69429
(3) For fishing year 2009 (May 1,
2009, through April 30, 2010), Reserve
B DAS are defined as 27.5 percent of the
vessel’s used DAS baseline specified in
paragraph (c)(1) of this section.
(4) Starting in fishing year 2010
(beginning May 1, 2010), Reserve B DAS
are defined as follows:
(i) For a common pool vessel, Reserve
B DAS are defined as 36.25 percent of
the vessel’s used DAS baseline specified
in paragraph (c)(1) of this section,
unless otherwise revised pursuant to
paragraph (n)(1) of this section.
(ii) For a Sector vessel, Reserve B DAS
are defined as 27.5 percent of the
vessel’s used DAS baseline specified in
paragraph (c)(1) of this section.
*
*
*
*
*
(e) * * *
(1) When a vessel is participating in
the NE multispecies DAS program, as
required by the regulations in this part,
NE multispecies DAS shall accrue as
specified in paragraphs (e)(1)(i) and (ii)
of this section and shall be based upon
the time called, or logged into the DAS
program, consistent with the DAS
notification requirements specified in
§ 648.10. For the purpose of calculating
trip limits specified in this part, the
amount of DAS deducted from a vessel’s
DAS allocation shall determine the
amount of fish the vessel can land
legally.
(i) Common pool vessels. For a
common pool vessels, Category A shall
accrue in 24-hr increments, unless
otherwise required under paragraph (n)
of this section. For example, a vessel
that fished from 6 a.m. to 10 p.m. would
be charged 24 hr of Category A DAS, not
16 hr; a vessel that fished for 25 hr
would be charged 48 hr of Category A
DAS instead of 25 hr.
(ii) Sector vessels. For the purposes of
complying with the restrictions of other
fisheries that require the use of a NE
multispecies DAS, a vessel on a Sector
trip shall accrue DAS to the nearest
minute and shall be counted as actual
time called, or logged into the DAS
program, consistent with the DAS
notification requirements specified in
§ 648.10.
*
*
*
*
*
(3) Regular B DAS Program 24-hr
clock. For a vessel electing to fish in the
Regular B DAS Program, as specified at
§ 648.85(b)(6), that remains fishing
under a Regular B DAS for the entire
fishing trip (without a DAS flip), DAS
shall accrue at the rate of 1 full DAS for
each calendar day, or part of a calendar
day fished. For example, a vessel that
fished on 1 calendar day from 6 a.m. to
10 p.m. would be charged 24 hr of
Regular B DAS, not 16 hr; a vessel that
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
left on a trip at 11 p.m. on the first
calendar day and returned at 10 p.m. on
the second calendar day would be
charged 48 hr of Regular B DAS instead
of 23 hr, because the fishing trip would
have spanned 2 calendar days. For the
purpose of calculating trip limits
specified under § 648.86, the amount of
DAS deducted from a vessel’s DAS
allocation shall determine the amount of
fish the vessel can land legally. For a
vessel electing to fish in the Regular B
DAS Program, as specified at
§ 648.85(b)(6), while also fishing in an
area subject to differential DAS counting
pursuant to paragraph (n)(1)(i) of this
section, Category B DAS shall accrue at
the rate described in this paragraph
(e)(3), unless the vessel flips to a
Category A DAS, in which case the
vessel is subject to the pertinent DAS
accrual restrictions of paragraph (n)(1)
of this section for the entire trip. For
vessels electing to fish in both the
Regular B DAS Program, as specified in
§ 648.85(b)(8), and in the Eastern U.S./
Canada Area, as specified in § 648.85(a),
DAS counting will begin and end
according to the DAS rules specified in
§ 648.10(e)(5)(iv).
*
*
*
*
*
(g) Spawning season restrictions. A
vessel issued a valid Small Vessel or
Handgear A category permit specified in
paragraphs (b)(5) or (b)(6) of this
section, respectively, or a vessel issued
an open access Handgear B permit, as
specified in § 648.88(a), may not fish
for, possess, or land regulated species or
ocean pout from March 1 through March
20 of each year. A common pool vessel
must declare out and be out of the NE
multispecies DAS program, and a Sector
must declare that the vessel will not fish
with gear capable of catching NE
multispecies (i.e., gear that is not
defined as exempted gear under this
part), for a 20-day period between
March 1 and May 31 of each calendar
year, using the notification requirements
specified in § 648.10. A vessel fishing
under a Day gillnet category designation
is prohibited from fishing with gillnet
gear capable of catching NE
multispecies during its declared 20-day
spawning block, unless the vessel is
fishing in an exempted fishery, as
described in § 648.80. If a vessel owner
has not declared and been out of the
fishery for a 20-day period between
March 1 and May 31 of each calendar
year on or before May 12 of each year,
the vessel is prohibited from fishing for,
possessing or landing any regulated
species, ocean pout, or non-exempt
species during the period May 12
through May 31, inclusive.
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(h) Declaring DAS and blocks of time
out. A vessel’s owner or authorized
representative shall notify the Regional
Administrator of a vessel’s participation
in the DAS program; declaration of its
120 days out of the non-exempt gillnet
fishery, if designated as a Day gillnet
category vessel, as specified in
paragraph (j) of this section; and
declaration of its 20-day period out of
the NE multispecies DAS program, or,
for a Sector vessel that the vessel will
not fish with gear capable of catching
NE multispecies, using the notification
requirements specified in § 648.10.
(j) Gillnet restrictions. A vessel issued
a limited access NE multispecies permit
may fish under a NE multispecies DAS,
under the provisions of the small vessel
permit category, or on a Sector trip with
gillnet gear, provided the owner of the
vessel obtains an annual designation as
either a Day or Trip gillnet vessel, as
described in § 648.4(c)(2)(iii), and
provided the vessel complies with the
gillnet vessel gear requirements and
restrictions specified in § 648.80.
(1) Day gillnet vessels. Unless
otherwise exempted in this part, a Day
gillnet vessel fishing with gillnet gear
under a NE multispecies DAS, the
provisions of a small vessel permit
category, or on a Sector trip is not
required to remove gear from the water
upon returning to the dock and calling
out of the DAS program, as appropriate,
provided the vessel complies with the
restrictions specified in paragraphs
(j)(1)(i) through (iii) of this section.
Vessels electing to fish under the Day
gillnet designation must have on board
written confirmation, issued by the
Regional Administrator, that the vessel
is a Day gillnet vessel.
(ii) Declaration of time out of the
gillnet fishery. (A) During each fishing
year, a Day gillnet vessel must declare,
and take, a total of 120 days out of the
non-exempt gillnet fishery. Each period
of time declared and taken must be a
minimum of 7 consecutive days. At
least 21 days of this time must be taken
between June 1 and September 30 of
each fishing year. The spawning season
time out period required by paragraph
(g) of this section shall be credited
toward the 120 days time out of the nonexempt gillnet fishery. If a vessel owner
has not declared and taken any or all of
the remaining periods of time required
to be out of the fishery by the last
possible date to meet these
requirements, the vessel is prohibited
from fishing for, possessing, or landing
regulated multispecies, ocean pout, or
non-exempt species harvested with
gillnet gear and from having gillnet gear
on board the vessel that is not stowed
in accordance with § 648.23(b) while
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fishing under a NE multispecies DAS,
the provisions of the small vessel
category permit, or on a Sector trip from
that date through the end of the period
between June 1 and September 30, or
through the end of the fishing year, as
applicable, unless otherwise exempt
pursuant to § 648.87.
(B) Any such vessel shall declare its
required time periods through the
notification procedures specified in
§ 648.10(j)(2).
(C) During each period of time
declared out, any such vessel is
prohibited from fishing with nonexempted gillnet gear and must remove
such gear from the water. However, the
vessel may fish in an exempted fishery,
as described in § 648.80, or it may fish
under a NE multispecies DAS, under the
provisions of the small vessel category
permit, or on a Sector trip, provided it
fishes with gear other than nonexempted gillnet gear.
(iii) Method of counting DAS. A Day
gillnet vessel fishing with gillnet gear
under a NE multispecies DAS shall
accrue DAS as follows:
(A) A Day gillnet vessel fishing with
gillnet gear that has elected to fish in the
Regular B DAS Program, as specified in
§ 648.85(b)(6), under a Category B DAS,
is subject to the DAS accrual provisions
of paragraph (e)(1)(i) of this section.
(B) A Day gillnet vessel fishing with
gillnet gear under a NE multispecies
Category A DAS shall accrue DAS as
follows:
(1) A Day gillnet vessel on a common
pool trip is subject to the DAS accrual
provisions of paragraph (e)(1)(i) of this
section.
(2) A Day gillnet vessel on a Sector
trip is subject to the DAS accrual
provisions of paragraph (e)(1)(ii) of this
section.
*
*
*
*
*
(2) Trip gillnet vessels. When fishing
under a NE multispecies DAS, under the
provisions of the small vessel category
permit, or on a Sector trip, a Trip gillnet
vessel is required to remove all gillnet
gear from the water before returning to
port upon the completion of a fishing
trip and calling out of a NE multispecies
DAS, as applicable, under § 648.10(e)(5)
or (h)(5), respectively. When not fishing
under a NE multispecies DAS, Trip
gillnet vessels may fish in an exempted
fishery with gillnet gear, as authorized
by § 648.80. Vessels electing to fish
under the Trip gillnet designation must
have on board written confirmation
issued by the Regional Administrator
that the vessel is a Trip gillnet vessel.
(k) * * *
(2) * * *
(ii) Subject to the conditions and
requirements of this part, DAS
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associated with a confirmation of permit
history may be leased to another vessel
without placing the permit on an active
vessel.
*
*
*
*
*
(4) * * *
(i) Confirmation of permit history.
Pursuant to paragraph (k)(2)(ii) of this
section, DAS associated with a
confirmation of permit history may be
leased.
*
*
*
*
*
(v) History of leased DAS use. The
history of leased DAS use shall be
presumed to remain with the Lessor
vessel. In the case of multiple leases to
one vessel, the history of leased DAS
use shall be presumed to remain with
the Lessor in the order in which such
leases were approved by NMFS. For the
purpose of accounting for leased DAS
use, leased DAS will be accounted for
(subtracted from available DAS) prior to
allocated DAS.
*
*
*
*
*
(x) Leasing by vessels fishing under a
Sector allocation. A Sector vessel may
not lease DAS to or from common pool
vessels, but may lease DAS to or from
another Sector vessel during the fishing
year in which the vessel is a member of
a Sector.
(xi) One-time downgrade of DAS
Leasing Program baseline. Unless
otherwise specified in paragraph
(k)(4)(xi)(B) and (C) of this section, for
the purposes of determining eligibility
for leasing DAS only, a vessel owner
may elect to make a one-time
downgrade to the vessel’s DAS Leasing
Program baseline length and
horsepower as specified in paragraph
(k)(4)(ix) of this section to match the
length overall and horsepower
specifications of the vessel that is
currently issued the permit.
*
*
*
*
*
(B) Applicability of the one-time DAS
Leasing Program baseline downgrade.
The downgraded DAS Leasing Program
baseline may only be used to determine
eligibility for the DAS Leasing Program
and does not affect or change the
baseline associated with the DAS
Transfer Program specified in paragraph
(l)(1)(ii) of this section, or the vessel
replacement or upgrade restrictions
specified at § 648.4(a)(1)(i)(E) and (F), or
any other provision.
(C) Duration of the one-time DAS
Leasing Program baseline downgrade.
Unless otherwise specified in this
paragraph (k)(4)(xi)(C) of this section,
the downgraded DAS Leasing Program
baseline remains in effect until the DAS
Leasing Program expires or the permit is
transferred to another vessel via a vessel
replacement, or through a DAS transfer.
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15:07 Dec 30, 2009
Jkt 220001
With the exception of vessels combining
DAS Leasing Program baselines from
two different vessels through the DAS
Transfer Program as outlined in
paragraph (k)(4)(xi)(C)(2) of this section,
once the DAS Leasing Program baseline
is downgraded for a particular permit,
no further downgrades may be
authorized for that permit.
(1) Vessel replacement. If the permit
is transferred to another vessel via a
vessel replacement, the DAS Leasing
Program baseline reverts to the baseline
horsepower and length overall
specifications associated with the
permit prior to the one-time downgrade.
(2) DAS Transfer Program. For vessels
involved in a DAS Transfer Program
transaction as described in paragraph (l)
of this section, if the transferee vessel
baseline is adopted, consistent with the
regulations under paragraph (l)(1)(ii) of
this section, and the DAS Leasing
Program baseline of the transferee vessel
was previously downgraded, consistent
with the regulations under this
paragraph (k)(4)(xi), the downgraded
DAS Leasing Program baseline
specifications remain valid. For vessels
involved in a DAS Transfer Program
transaction where a combination of the
transferor and transferee vessel
baselines is adopted resulting in a new
vessel baseline, any previous DAS
Leasing Program baseline downgrade for
either the transferor or transferee vessel
will be voided and the transferee vessel
would have an additional opportunity
to downgrade its combined DAS Leasing
Program baseline.
(l) * * *
(1) * * *
(ii) NE multispecies DAS may be
transferred only to a vessel with a
baseline main engine horsepower rating
that is no more than 20 percent greater
than the baseline engine horsepower of
the transferor vessel. NE multispecies
DAS may be transferred only to a vessel
with a baseline length overall that is no
more than 10 percent greater than the
baseline length overall of the transferor
vessel. For the purposes of this program,
the baseline horsepower and length
overall are those associated with the
permit as of January 29, 2004. Upon
approval of the transfer, the baseline of
the transferee vessel would be the
smaller baseline of the two vessels or, if
the transferee vessel had not previously
upgraded either its size (including LOA,
GRT, and NT) or HP under the vessel
replacement rules, the vessel owner
could choose to adopt the larger
baseline of the two vessels, which
would constitute the vessel’s one-time
upgrade, provided such an upgrade is
consistent with provisions of this
paragraph (l)(1)(ii). A subsequent
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Sfmt 4702
69431
upgrade to another specification
through a subsequent action (either a
vessel replacement or DAS transfer) is
not permissible. A vessel that has
executed a one-time downgrade of a
DAS Leasing Program baseline in
accordance with paragraph (k)(4)(xi) is
subject to the restrictions of paragraph
(k)(4)(xi)(C) of this section.
*
*
*
*
*
(iv) DAS conservation tax. Starting in
fishing year 2010, any NE multispecies
DAS transferred to another vessel under
the DAS Transfer Program pursuant to
paragraph (l) of this section are not
subject to a DAS conservation tax
specified in this paragraph (l)(1)(iv).
Any DAS transferred under the DAS
Transfer Program prior to fishing year
2010 that were reduced due to the DAS
conservation tax specified in this
paragraph (l)(1)(iv) may not be
reinstated to the permit associated with
the transferor vessel.
*
*
*
*
*
(vi) Confirmation of permit history.
NE multispecies DAS associated with a
Confirmation of Permit History may be
transferred.
(vii) Transfer by Sector vessels. A
Sector vessel may not transfer DAS to or
from vessels that are fishing under the
provisions of the common pool or
another Sector, but may transfer DAS to
or from another vessel participating in
that vessel’s Sector during the fishing
year in which the vessel is a member of
a particular Sector.
(viii) Unless otherwise restricted by
this part, a vessel with a NE
multispecies limited access Category D
permit may transfer DAS only to a
vessel with a NE multispecies limited
access Category D permit, but may
receive transferred DAS from any
eligible NE multispecies vessel.
*
*
*
*
*
(2) * * *
(i) Application information
requirements. An application to transfer
NE multispecies DAS must contain the
following information: Seller’s/
transferor’s name, vessel name, permit
number and official number or state
registration number; buyer’s/transferee’s
name, vessel name, permit number and
official number or state registration
number; total price paid for purchased
DAS; signatures of seller and buyer; and
date the form was completed.
Information obtained from the transfer
application will be held confidential,
and will be used only in summarized
form for management of the fishery.
(n) NE multispecies common pool
accountability measure (AM). Common
pool vessels are subject to the following
AMs, in addition to the DAS accrual
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
provisions specified in paragraph (e) of
this section and other measures
specified in this part.
(1) Differential DAS counting AM for
fishing years 2010 and 2011. Unless
otherwise specified pursuant to
§ 648.90(a)(5), based upon catch and
other information available to NMFS by
February of each year, the Regional
Administrator shall project the catch of
regulated species or ocean pout by
common pool vessels for the fishing
year ending on April 30 and shall
determine whether such catch will
exceed any of the sub-ACLs specified
for common pool vessels pursuant to
§ 648.90(a)(4). This projection shall be
updated once available information
regarding the catch of regulated species
and ocean pout by vessels fishing for
groundfish in state waters outside of the
FMP, vessels fishing in exempted
fisheries, and vessels fishing in the
Atlantic sea scallop fishery to determine
if excessive catch by such vessels
resulted in the overall ACL for a
particular stock to be exceeded. If such
catch resulted in the overall ACL for a
particular stock being exceeded, the
common pool’s share of the overage of
the overall ACL for that stock shall be
added to the catch of each stock of
regulated species or ocean pout by
common pool vessels pursuant to
§ 648.90(a)(5). If the Regional
Administrator projects that any of the
sub-ACLs specified for common pool
vessels will be exceeded or
underharvested, the Regional
Administrator shall implement a
differential DAS counting factor to all
Category A DAS used within the stock
area in which the sub-ACL was
exceeded or underharvested, as
specified in paragraph (n)(1)(i) of this
section, during the following fishing
year, in a manner consistent with the
Administrative Procedure Act. The
differential DAS counting factor shall be
based upon the projected proportion of
the sub-ACL of each NE multispecies
stock caught by common pool vessels,
rounded to the nearest even tenth, as
specified in paragraph (n)(1)(ii) of this
section, unless otherwise specified
pursuant to § 648.90(a)(5). For example,
if the Regional Administrator projects
that common pool vessels will catch
1.18 times the sub-ACL for GOM cod
during fishing year 2010, the Regional
Administrator shall implement a
differential DAS counting factor of 1.2
to all Category A DAS used by common
pool vessels only within the Inshore
GOM Differential DAS Area during
fishing year 2011 (i.e., Category A DAS
will be charged at a rate of 28.8 hr for
every 24-hr fished¥1.2 × 24-hr DAS
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Jkt 220001
counting). If it is projected that catch in
a particular fishing year will exceed or
underharvest the sub-ACLs for several
regulated species stocks within a
particular stock area, including both
exceeding and underharvesting several
sub-ACLs within a particular stock area,
the Regional Administrator shall
implement the most restrictive
differential DAS counting factor derived
from paragraph (n)(1)(ii) of this section
for the sub-ACLs exceeded or
underharvested to any Category A DAS
used by common pool vessels within
that particular stock area. For example,
if it is projected that common pool
vessels will be responsible for 1.2 times
the GOM cod sub-ACL and 1.1 times the
CC/GOM yellowtail flounder sub-ACL,
the Regional Administrator shall
implement a differential DAS counting
factor of 1.2 to any Category A DAS
fished by common pool vessels only
within the Inshore GOM Stock Area
during the following fishing year. For
any differential DAS counting factor
implemented in fishing year 2011, the
differential DAS counting factor shall be
applied against the DAS accrual
provisions specified in paragraph
(e)(1)(i) of this section for the time spent
fishing in the applicable differential
DAS counting area based upon the first
VMS position into the applicable
differential DAS counting area and the
first VMS position outside of the
applicable differential DAS counting
area pursuant to § 648.10. For example,
if a vessel fished 12 hr inside a
differential DAS counting area where a
differential DAS counting factor of 1.2
would be applied, and 12 hr outside of
the differential DAS counting area, the
vessel would be charged 48 hr of DAS
use because DAS would be charged in
24-hr increments ((12 hr inside the area
× 1.2 = 14.4 hr) + 12 hr outside the area,
rounded to the next 24-hr increment to
determine DAS charged). For any
differential DAS counting factor
implemented in fishing year 2012, the
differential DAS counting factor shall be
applied against the DAS accrual
provisions specified in paragraph
(e)(1)(i) of this section, or if a
differential DAS counting factor was
implemented for that stock area during
fishing year 2011, against the DAS
accrual rate applied in fishing year
2011. For example, if a differential DAS
counting factor of 1.2 was applied to the
Inshore GOM Differential DAS Area
during fishing year 2011 due to a 20percent overage of the GOM cod subACL, yet the GOM cod sub-ACL was
exceeded again, but by 50 percent
during fishing year 2011, an additional
differential DAS factor of 1.5 would be
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Sfmt 4702
applied to the DAS accrual rate applied
during fishing year 2012 (i.e., the DAS
accrual rate in the Inshore GOM
Differential DAS Counting Area during
fishing year 2012 would be 43.2 hr
charged for every 24-hr fished¥1.2 × 1.5
× 24-hr DAS charge). If the Regional
Administrator determines that similar
DAS adjustments are necessary in all
stock areas, the Regional Administrator
will adjust the ratio of Category
A:Category B DAS specified in
paragraph (d)(1) of this section to reduce
the number of available Category A DAS
available based upon the amount of the
overage, rather than apply a differential
DAS counting factor to all Category A
DAS used in all stock areas.
(i) Differential DAS counting areas.
The following differential DAS counting
areas shall be used for the purposes of
implementing the differential DAS
counting AM specified in paragraph
(n)(1) of this section:
(A) Inshore GOM Differential DAS
Area. The Inshore GOM Differential
DAS Area applies to the following
stocks of regulated species: White hake,
pollock, GOM cod, GOM haddock, CC/
GOM yellowtail flounder, GOM winter
flounder, and Atlantic wolffish. The
Inshore GOM Differential DAS Area is
defined as the area bounded on the west
by the shoreline of the United States
and bounded on the east by straight
lines connecting the following points in
the order stated:
INSHORE GOM DIFFERENTIAL DAS
AREA
Point
INGOM1
INGOM2
INGOM3
INGOM4
N. Latitude
..........
..........
..........
..........
1 Intersection
2 North-facing
(1)
43°00′
43°00′
(2)
W. Longitude
69°30′
69°30′
70°00′
70°00′
with ME shoreline.
shoreline of Cape Cod, MA.
(B) Offshore GOM Differential DAS
Area. The Offshore GOM Differential
DAS Area applies to the following
stocks of regulated species: GOM
haddock, white hake, pollock, redfish,
witch flounder, American plaice, and
Atlantic halibut. The Offshore GOM
Differential DAS Area is defined as the
area bounded on the north by the
shoreline of Maine, bounded on the east
by the U.S./Canadian maritime
boundary, and bounded on the south
and west by straight lines connecting
the following points in the order stated:
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OFFSHORE GOM DIFFERENTIAL DAS
AREA
Point
1 Intersection
W. Longitude
N. Latitude
CII3 ..................
OFFGOM1 .......
OFFGOM2 .......
OFFGOM5 .......
INGOM2 ..........
INGOM1 ..........
42°22′
42°20′
42°20′
43°00′
43°00′
(1)
67°20′
67°20′
70°00′
70°00′
69°30′
69°30′
(C) Inshore GB Differential DAS Area.
The Inshore GB Differential DAS Area
applies to the following stocks of
regulated species: Witch flounder,
American plaice, white hake, Atlantic
halibut, redfish, pollock, CC/GOM
yellowtail flounder, GB cod, GB
haddock, SNE/MA winter flounder, and
Atlantic wolffish. The Inshore GB
Differential DAS Area is defined as the
area bounded by straight lines
connecting the following points in the
order stated:
INSHORE GB DIFFERENTIAL DAS AREA
W. Longitude
N. Latitude
Point
N. Latitude
IGB1 ................
OGB1 ..............
CII3 ..................
SNE1 ...............
OGB2 ..............
OGB3 ..............
IGB1 ................
with ME shoreline.
Point
OFFSHORE GB DIFFERENTIAL DAS
AREA
42°00′
42°20′
42°20′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(2)
(E) SNE/MA Differential DAS Area.
The SNE/MA Differential DAS Area
applies to the following stocks of
regulated species or ocean pout: SNE/
MA winter flounder, SNE/MA
yellowtail flounder, southern
windowpane flounder, and ocean pout.
The SNE/MA Differential DAS Area is
defined as the area bounded on the
north and west by the coastline of the
United States, bounded on the east and
south by straight lines connecting the
following points in the order stated:
SNE/MA DIFFERENTIAL DAS AREA
1 The intersection of the Cape Cod, MA,
coastline and 70°00′ W. longitude.
2 South-facing shoreline of Cape Cod, MA.
(D) Offshore GB Differential DAS
Area. The Offshore GB Differential DAS
Area applies to the following stocks of
regulated species: Witch flounder,
American plaice, Atlantic halibut,
northern windowpane flounder, GB cod,
GB haddock, GB yellowtail flounder,
and GB winter flounder. The Offshore
GB Differential DAS Area is defined as
the area bounded by straight lines
connecting the following points in the
order stated:
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N. Latitude
(1)
70°00′
68°50′
68°50′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
68°50′
67°20′
67°20′
65°43′
(1)
68°50′
68°50′
1 The U.S./Canada maritime boundary as it
intersects with the EEZ.
Point
G9 ....................
G10 ..................
IGB1 ................
IGB2 ................
IGB3 ................
IGB4 ................
IGB5 ................
IGB6 ................
IGB7 ................
G12 ..................
42° 20′
42°20′
42°22′
40°27′
40°10′
40°10′
42°20′
W. Longitude
G12 ..................
IGB7 ................
IGB6 ................
IGB5 ................
IGB4 ................
IGB3 ................
IGB2 ................
SNEDA1 ..........
SNEDA2 ..........
SNEDA3 ..........
SNEDA4 ..........
(1)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
40°10′
40°10′
39°50′
39°50′
W. Longitude
70°00′
70°00′
69°50′
69°50′
69°30′
69°30′
68°50′
68°50′
73°10′
73°10′
(2)
1 South-facing
2 East-facing
shoreline of Cape Cod, MA.
shoreline of NJ.
(ii) Differential DAS counting factor.
For determining the differential DAS
counting AM specified in this paragraph
(n)(1), the following differential DAS
factor shall, except as provided for in
paragraph (n)(1)(iii) of this section, be
applied to the DAS accrual rate
specified in paragraph (e)(1) of this
section and implemented in a manner
consistent with the Administrative
Procedure Act.
Differential
DAS factor
Proportion of ACL caught
0.5
0.6
0.7
0.8
0.9
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2.0
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
0.5
0.6
0.7
0.8
No change.
No change.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2.0
(iii) Mixed-stock exception. When
determining the differential DAS
counting AM specified in this paragraph
(n)(1), the Regional Administrator shall
conduct an analysis to determine
whether the mixed-stock exception, as
specified in § 600.310(m), may be
applicable. If the analysis concludes
that the mixed-stock exception is
applicable, the Regional Administrator
shall modify or not apply a differential
DAS counting AM on specific stocks, as
appropriate, in accordance with the
mixed-stock exception.
(iv) Fishing year 2012. Any
adjustments to DAS counting necessary
as a result of either underharvesting or
overharvesting any of the sub-ACLs
specified for common pool vessels
during the 2011 fishing year pursuant to
§ 648.90(a)(4) shall become effective and
remain effective for the duration of
fishing year 2012 in addition to the
implementation of the trimester TAC
AM specified in paragraph (n)(2) of this
section.
(2) Trimester TAC AM for fishing
years 2012 and beyond. Beginning in
fishing year 2012, common pool vessels
shall be subject to the following
restrictions:
(i) Trimester TACs. (A) Trimester TAC
distribution. Any sub-ACLs specified for
common pool vessels pursuant to
§ 648.90(a)(4) shall be apportioned into
trimesters of four months in duration,
beginning at the start of the fishing year
(i.e., Trimester 1: May 1–August 31;
Trimester 2: September 1–December 31;
Trimester 3: January 1–April 30), as
follows):
PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER
Trimester 1
(percent)
Stock
Trimester 2
(percent)
Trimester 3
(percent)
27
25
27
27
36
37
26
33
37
38
47
40
GOM Cod .................................................................................................................................................
GB Cod ....................................................................................................................................................
GOM Haddock .........................................................................................................................................
GB Haddock ............................................................................................................................................
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
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E:\FR\FM\31DEP2.SGM
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69434
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER—Continued
Trimester 1
(percent)
Stock
Trimester 2
(percent)
Trimester 3
(percent)
35
19
21
37
8
36
27
24
28
25
38
33
33
33
33
75
35
30
37
38
24
50
31
36
35
31
31
33
33
33
33
13
30
52
42
25
69
14
42
40
37
44
31
34
34
34
34
12
erowe on DSK5CLS3C1PROD with PROPOSALS2
CC/GOM Yellowtail Flounder ..................................................................................................................
GB Yellowtail Flounder ............................................................................................................................
SNE/MA Yellowtail Flounder ...................................................................................................................
GOM Winter Flounder .............................................................................................................................
GB Winter Flounder .................................................................................................................................
SNE/MA Winter Flounder ........................................................................................................................
Witch Flounder .........................................................................................................................................
American Plaice .......................................................................................................................................
Pollock .....................................................................................................................................................
Redfish .....................................................................................................................................................
White Hake ..............................................................................................................................................
Northern Windowpane Flounder ..............................................................................................................
Southern Windowpane Flounder .............................................................................................................
Ocean Pout ..............................................................................................................................................
Atlantic Halibut .........................................................................................................................................
Atlantic Wolffish .......................................................................................................................................
(B) Trimester TAC adjustment. The
distribution of trimester TACs specified
in paragraph (n)(2)(i)(A) of this section
may be adjusted pursuant to the
biennial adjustment process specified in
§ 648.90. Future adjustments to the
distribution of trimester TACs shall use
catch data for the most recent 5-year
period prior to the reevaluation of
trimester TACs.
(ii) Stock area closures. With the
exception of both stocks of windowpane
flounder, ocean pout, and Atlantic
halibut, if the Regional Administrator
projects that 90 percent of the trimester
TACs specified in paragraph (n)(2)(i) of
this section will be caught based upon
available information, the Regional
Administrator shall close the area where
90 percent of the catch for each such
stock occurred, according to available
VTR data and other information, to all
common pool vessels using gear capable
of catching such stocks for the
remainder of that trimester, as specified
in paragraphs (n)(2)(ii)(A) through (P) of
this section, in a manner consistent with
the Administrative Procedure Act. For
example, if the Regional Administrator
projects that 90 percent of the CC/GOM
yellowtail flounder Trimester 1 TAC
will be caught, common pool vessels
using trawl and gillnet gear shall be
prohibited from fishing in the CC/GOM
Yellowtail Flounder Closure Area
specified in paragraph (n)(2)(ii)(G) of
this section until the beginning of
Trimester 2 on September 1 of that
fishing year. For both stocks of
windowpane flounder, ocean pout, and
Atlantic halibut, the Regional
Administrator shall monitor catch of
these stocks and shall deduct any
projected overages of the sub-ACLs for
such stocks pursuant to paragraph
(n)(2)(iii) of this section, instead of
implementing a stock area closure when
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
a Trimester TAC for any of these stocks
is projected to be caught. Based upon all
available information, the Regional
Administrator is authorized to expand
or narrow the areas closed under this
paragraph (n)(2)(ii) in a manner
consistent with the Administrative
Procedure Act. If it is not possible to
identify an area where only 90 percent
of the catch occurred, the Regional
Administrator shall close the smallest
area possible where greater than 90
percent of the catch occurred.
(A) GB Cod Trimester TAC Area. For
the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii)
of this section, the GB Cod Trimester
TAC Area shall apply to common pool
vessels using trawl gear, sink gillnet
gear, and longline/hook gear within the
area bounded by straight lines
connecting the following points in the
order stated:
GB COD TRIMESTER TAC AREA
Point
N. Latitude
GB1 .................
GB2 .................
GB3 .................
GB4 .................
GB5 .................
GB6 .................
GB7 .................
GB8 .................
GB9 .................
GB10 ...............
GB11 ...............
GB12 ...............
GB13 ...............
GB14 ...............
GB15 ...............
GB1 .................
42°20′
42°20′
40°30′
40°30′
39°50′
39°50′
41°00′
41°00′
41°10′
41°10′
41°20′
(2)
(3)
(4)
(5)
42°20′
W. Longitude
70°00′
(1)
65°40′
66°40′
66°40′
66°40′
68°50′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
70°00′
70°00′
1 U.S./Canada
maritime boundary.
shoreline of Nantucket, MA.
3 North-facing shoreline of Nantucket, MA.
4 South-facing shoreline of Cape Cod, MA.
2 East-facing
PO 00000
Frm 00054
Fmt 4701
Sfmt 4702
5 North-facing
shoreline of Cape Cod, MA.
(B) GOM Cod Trimester TAC Area.
For the purposes of the trimester TAC
AM closure specified in paragraph
(n)(2)(ii) of this section, the GOM Cod
Trimester TAC Area shall apply to
common pool vessels using trawl gear,
sink gillnet gear, and longline/hook gear
within the area bounded on the south,
west, and north by the shoreline of the
United States and bounded on the east
by straight lines connecting the
following points in the order stated:
GOM COD TRIMESTER TAC AREA
Point
N. Latitude
GOM1 ..............
GOM2 ..............
GOM3 ..............
GOM4 ..............
GOM5 ..............
GOM6 ..............
GOM7 ..............
GOM8 ..............
GOM9 ..............
GOM10 ............
GOM11 ............
GOM12 ............
1 Intersection
2 North-facing
(1)
43°40′
43°40′
43°20′
43°20′
43°00′
43°00′
42°50′
42°50′
42°20′
42°20′
(2)
W. Longitude
69°20′
69°20′
69°00′
69°00′
69°10′
69°10′
69°20′
69°20′
69°40′
69°40′
70°00′
70°00′
with ME shoreline.
shoreline of Cape Cod, MA.
(C) GB Haddock Trimester TAC Area.
For the purposes of the trimester TAC
AM closure specified in paragraph
(n)(2)(ii) of this section, the GB Haddock
Trimester TAC Area shall apply to
common pool vessels using trawl gear,
sink gillnet gear, and longline/hook gear
within the area bounded by straight
lines connecting the following points in
the order stated:
E:\FR\FM\31DEP2.SGM
31DEP2
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
GB HADDOCK TRIMESTER TAC AREA
Point
N. Latitude
GB1 .................
GB2 .................
GB3 .................
GB4 .................
GB5 .................
GB6 .................
GB7 .................
GB8 .................
GB9 .................
GB10 ...............
GB11 ...............
GB12 ...............
GB13 ...............
GB14 ...............
GB15 ...............
GB1 .................
42°20′
42°20′
40°30′
40°30′
39°50′
39°50′
41°00′
41°00′
41°10′
41°10′
41°20′
(2)
(3)
(4)
(5)
42°20′
W. Longitude
70°00′
(1)
65°40′
66°40′
66°40′
66°40′
68°50′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
70°00′
70°00′
maritime boundary.
shoreline of Nantucket, MA.
3 North-facing shoreline of Nantucket, MA.
4 South-facing shoreline of Cape Cod, MA.
5 North-facing shoreline of Cape Cod, MA.
(D) GOM Haddock Trimester TAC
Area. For the purposes of the trimester
TAC AM closure specified in paragraph
(n)(2)(ii) of this section, the GOM
Haddock Trimester TAC Area shall
apply to common pool vessels using
trawl gear, sink gillnet gear, and
longline/hook gear within the area
bounded on the south, west, and north
by the shoreline of the United States
and bounded on the east by straight
lines connecting the following points in
the order stated:
GOM HADDOCK TRIMESTER TAC
AREA
GOM1 ..............
GOM2 ..............
GOM3 ..............
GOM4 ..............
GOM5 ..............
GOM6 ..............
GOM7 ..............
GOM8 ..............
GOM9 ..............
GOM10 ............
GOM10 ............
(1)
43°40′
43°40′
43°20′
43°20′
(2)
42°53.1′
(2)
42°20′
42°20′
(3)
W. Longitude
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67°40′
70°00′
70°00′
1 Intersection
with ME shoreline.
maritime boundary.
3 North-facing shoreline of Cape Cod, MA.
erowe on DSK5CLS3C1PROD with PROPOSALS2
2 U.S./Canada
(E) GB Yellowtail Flounder Trimester
TAC Area. For the purposes of the
trimester TAC AM closure specified in
paragraph (n)(2)(ii) of this section, the
GB Yellowtail Flounder Trimester TAC
Area shall apply to common pool
vessels using trawl gear and sink gillnet
gear within the area bounded by straight
lines connecting the following points in
the order stated:
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
.................
.................
.................
.................
.................
.................
.................
42°20′
42°20′
40°30′
40°30′
39°50′
39°50′
42°20′
68°50′
(1)
65°40′
66°40′
66°40′
68°50′
68°50′
maritime boundary.
(F) SNE/MA Yellowtail Flounder
Trimester TAC Area. For the purposes
of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this
section, the SNE/MA Yellowtail
Flounder Trimester TAC Area shall
apply to common pool vessels using
trawl gear and sink gillnet gear within
the area bounded by straight lines
connecting the following points in the
order stated:
SNE/MA YELLOWTAIL FLOUNDER
TRIMESTER TAC AREA
Point
N. Latitude
SNEMA1 ..........
SNEMA2 ..........
SNEMA3 ..........
SNEMA4 ..........
SNEMA5 ..........
SNEMA6 ..........
SNEMA7 ..........
SNEMA8 ..........
SNEMA9 ..........
SNEMA10 ........
SNEMA11 ........
W. Longitude
70°00′
70°00′
70°00′
70°00′
71°40′
71°40′
73°00′
73°00′
(5)
71°40′
71°40′
shoreline of Cape Cod, MA.
shoreline of Nantucket, MA.
3 South-facing shoreline of Nantucket, MA.
4 South-facing shoreline of Long Island, NY.
5 East-facing shoreline of Long Island, NY.
6 Intersection with RI shoreline.
2 North-facing
(G) CC/GOM Yellowtail Flounder
Trimester TAC Area. For the purposes
of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this
section, the CC/GOM Yellowtail
Flounder Trimester TAC Area shall
apply to common pool vessels using
trawl gear and sink gillnet gear within
the area bounded by straight lines
connecting the following points in the
order stated:
CC/GOM YELLOWTAIL FLOUNDER
TRIMESTER TAC AREA
CCGOM1
CCGOM2
CCGOM3
CCGOM4
PO 00000
N. Latitude
.........
.........
.........
.........
Frm 00055
W. Longitude
(1)
69°40′
69°40′
68°50′
42°50′
42°50′
42°20′
42°20′
Fmt 4701
Point
CCGOM5 .........
CCGOM6 .........
CCGOM7 .........
CCGOM8 .........
CCGOM9 .........
CCGOM10 .......
CCGOM11 .......
CCGOM12 .......
Sfmt 4702
N. Latitude
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(3)
(4)
W. Longitude
68°50′
69°30′
69°30′
69°50′
69°50′
(2)
70°00′
70°00′
1 Intersection
with MA shoreline.
shoreline of Nantucket, MA.
shoreline of MA.
4 North-facing shoreline of Nantucket, MA.
2 East-facing
3 South-facing
(H) American Plaice Trimester TAC
Area. For the purposes of the trimester
TAC AM closure specified in paragraph
(n)(2)(ii) of this section, the American
Plaice Trimester TAC Area shall apply
to common pool vessels using trawl gear
within the area bounded by straight
lines connecting the following points in
the order stated:
AMERICAN PLAICE TRIMESTER TAC
AREA
Point
(1)
(2)
(3)
39°50′
39°50′
40°00′
40°00′
(4)
41°00′
41°00′
(6)
1 South-facing
Point
CC/GOM YELLOWTAIL FLOUNDER
TRIMESTER TAC AREA—Continued
W. Longitude
N. Latitude
1 U.S./Canada
2 East-facing
N. Latitude
Point
GB1
GB2
GB3
GB4
GB5
GB6
GB1
1 U.S./Canada
Point
GB YELLOWTAIL FLOUNDER
TRIMESTER TAC AREA
69435
AP1 ..................
AP2 ..................
AP3 ..................
AP4 ..................
AP5 ..................
AP6 ..................
AP7 ..................
AP8 ..................
AP9 ..................
AP10 ................
AP11 ................
AP12 ................
AP13 ................
AP14 ................
AP15 ................
AP16 ................
AP17 ................
AP18 ................
AP19 ................
AP20 ................
AP21 ................
AP22 ................
AP23 ................
AP24 ................
AP25 ................
AP26 ................
N. Latitude
(1)
44°10′
44°00′
44°00′
(2)
42°53.1′
(2)
41°20′
41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
40°40′
40°40′
39°50′
39°50′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(4)
(5)
W. Longitude
68°00′
67°50′
67°50′
67°40′
67°40′
67°44.4′
67°40′
67°40′
67°40′
67°10′
67°10′
67°00′
67°00′
66°50′
66°50′
66°40′
66°40′
68°50′
68°50′
69°30′
69°30′
69°50′
69°50′
(3)
70°00′
70°00′
1 Intersection
with ME shoreline.
maritime boundary.
shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
2 U.S./Canada
3 East-facing
(I) Witch Flounder Trimester TAC
Area. For the purposes of the trimester
TAC AM closure specified in paragraph
(n)(2)(ii) of this section, the Witch
Flounder Trimester TAC Area shall
apply to common pool vessels using
trawl gear within the area bounded by
E:\FR\FM\31DEP2.SGM
31DEP2
69436
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
straight lines connecting the following
points in the order stated:
GB WINTER FLOUNDER TRIMESTER
TAC AREA—Continued
WITCH FLOUNDER TRIMESTER TAC
AREA
Point
N. Latitude
AP1 ..................
AP2 ..................
AP3 ..................
AP4 ..................
AP5 ..................
AP6 ..................
AP7 ..................
AP8 ..................
AP9 ..................
AP10 ................
AP11 ................
AP12 ................
AP13 ................
AP14 ................
AP15 ................
AP16 ................
AP17 ................
AP18 ................
AP19 ................
AP20 ................
AP21 ................
AP22 ................
AP23 ................
AP24 ................
AP25 ................
AP26 ................
(1)
44°10′
44°00′
44°00′
(2)
42°53.1′
(2)
41°20′
41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
40°40′
40°40′
39°50′
39°50′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(4)
(5)
W. Longitude
68°00′
67°50′
67°50′
67°40′
67°40′
67°44.4′
67°40′
67°40′
67°40′
67°10′
67°10′
67°00′
67°00′
66°50′
66°50′
66°40′
66°40′
68°50′
68°50′
69°30′
69°30′
69°50′
69°50′
(3)
70°00′
70°00′
Point
1 U.S./Canada
Point
GOM1
GOM2
GOM3
GOM4
GOM5
with ME shoreline.
maritime boundary.
3 East-facing shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
(J) GB Winter Flounder Trimester TAC
Area. For the purposes of the trimester
TAC AM closure specified in paragraph
(n)(2)(ii) of this section, the GB Winter
Flounder Trimester TAC Area shall
apply to common pool vessels using
trawl gear within the area bounded by
straight lines connecting the following
points in the order stated:
erowe on DSK5CLS3C1PROD with PROPOSALS2
VerDate Nov<24>2008
42°20′
42°20′
41°50′
41°50′
40°30′
40°30′
40°40′
40°40′
40°50′
40°50′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
41°10′
41°10′
15:07 Dec 30, 2009
Jkt 220001
(1)
69°40′
69°40′
70°00′
70°00′
42°50′
42°50′
42°20′
42°20′
(2)
Cod, MA.
(L) SNE/MA Winter Flounder
Trimester TAC AM Closure Area. For
the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii)
of this section, the SNE/MA Winter
Flounder Trimester TAC Areas I and II
shall apply to common pool vessels
using trawl gear. The SNE/MA Winter
Flounder Trimester TAC Area I is
bounded by straight lines connecting
the following points in the order stated:
SNE/MA WINTER FLOUNDER
TRIMESTER TAC AREA I
Point
W. Longitude
68°50′
67°40′
67°40′
(1)
65°40′
66°40′
66°40′
66°50′
66°50′
67°00′
67°00′
67°10′
67°10′
67°00′
67°40′
68°10′
68°10′
68°20′
W. Longitude
1 Intersection with MA shoreline.
2 North-facing shoreline of Cape
GB WINTER FLOUNDER TRIMESTER
TAC AREA
GB1 .................
GB2 .................
GB3 .................
GB4 .................
GB5 .................
GB6 .................
GB7 .................
GB8 .................
GB9 .................
GB10 ...............
GB11 ...............
GB12 ...............
GB13 ...............
GB14 ...............
GB15 ...............
GB16 ...............
GB17 ...............
GB18 ...............
maritime boundary.
N. Latitude
..............
..............
..............
..............
..............
N. Latitude
SNE/MA1 .........
SNE/MA2 .........
SNE/MA3 .........
SNE/MA4 .........
SNE/MA5 .........
SNE/MA6 .........
SNE/MA7 .........
SNE/MA8 .........
SNE/MA9 .........
SNE/MA10 .......
SNE/MA11 .......
SNE/MA1 .........
42°20′
42°20′
41°00′
41°00′
41°10′
41°10′
41°20′
(1)
(2)
(3)
(4)
42°20′
W. Longitude
70°00′
68°50′
68°50′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
70°00′
70°00′
1 East-facing
shoreline of Nantucket, MA.
shoreline of Nantucket, MA.
3 South-facing shoreline of Cape Cod, MA.
4 North-facing shoreline of Cape Cod, MA.
2 North-facing
SNE/MA Winter Flounder Trimester
TAC Area II is bound on the west by the
PO 00000
Frm 00056
Fmt 4701
SNE/MA WINTER FLOUNDER
TRIMESTER TAC AREA II
68°20′
68°50′
68°50′
GOM WINTER FLOUNDER TRIMESTER
TAC AREA
2 U.S./Canada
N. Latitude
41°00′
41°00′
42°20′
(K) GOM Winter Flounder Trimester
TAC Area. For the purposes of the
trimester TAC AM closure specified in
paragraph (n)(2)(ii) of this section, the
GOM Winter Flounder Trimester TAC
Area shall apply to common pool
vessels using trawl gear and sink gillnet
gear within the area bounded by straight
lines connecting the following points in
the order stated:
1 Intersection
Point
W. Longitude
N. Latitude
GB19 ...............
GB20 ...............
GB1 .................
U.S. coastline, defined by straight lines
connecting the following points in the
order stated:
Sfmt 4702
Point
SNE/MA12
SNE/MA13
SNE/MA14
SNE/MA15
SNE/MA16
SNE/MA17
SNE/MA18
SNE/MA19
SNE/MA20
SNE/MA21
N. Latitude
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
1 Intersection
2 West-facing
(1)
41°20′
41°20′
41°20′
41°20′
(5)
39°50′
39°50′
40°00′
40°00′
W. Longitude
71°10′
71°10′
(2)
(3)
(4)
70°00′
70°00′
71°40′
71°40′
(6)
with RI shoreline.
shoreline of Martha’s Vine-
yard, MA.
3 East-facing shoreline of Martha’s Vineyard,
MA.
4 West-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Nantucket, MA.
6 Intersection with NJ shoreline.
(M) Redfish Trimester TAC Area. For
the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii)
of this section, the Redfish Trimester
TAC Area shall apply to common pool
vessels using trawl gear within the area
bounded by straight lines connecting
the following points in the order stated:
REDFISH TRIMESTER TAC AREA
Point
RF1 ..................
RF2 ..................
RF3 ..................
RF4 ..................
RF5 ..................
RF6 ..................
RF7 ..................
RF8 ..................
RF9 ..................
RF10 ................
RF11 ................
RF12 ................
RF13 ................
RF14 ................
RF15 ................
RF16 ................
RF17 ................
RF18 ................
RF19 ................
RF20 ................
N. Latitude
(1)
43°40′
43°40′
43°20′
43°20′
(2)
42°53.1′
(2)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
(3)
(4)
(5)
W. Longitude
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67°40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
1 Intersection
with ME shoreline.
maritime boundary.
3 East-facing shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
2 U.S./Canada
(N) White Hake Trimester TAC Area.
For the purposes of the trimester TAC
AM closure specified in paragraph
(n)(2)(ii) of this section, the White Hake
Trimester TAC Area shall apply to
common pool vessels using trawl gear,
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sink gillnet gear, and longline/hook gear
within the area bounded by straight
lines connecting the following points in
the order stated:
WHITE HAKE TRIMESTER TAC AREA
Point
W. Longitude
N. Latitude
RF1 ..................
RF2 ..................
RF3 ..................
RF4 ..................
RF5 ..................
RF6 ..................
RF7 ..................
RF8 ..................
RF9 ..................
RF10 ................
RF11 ................
RF12 ................
RF13 ................
RF14 ................
RF15 ................
RF16 ................
RF17 ................
RF18 ................
RF19 ................
RF20 ................
(1)
43°40′
43°40′
43°20′
43°20′
(2)
42°53.1′
(2)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
(3)
(4)
(5)
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67°40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
with ME shoreline.
maritime boundary.
shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
3 East-facing
(O) Pollock Trimester TAC Area. For
the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii)
of this section, the Pollock Trimester
TAC Area shall apply to common pool
vessels using trawl gear, sink gillnet
gear, and longline/hook gear within the
area bounded by straight lines
connecting the following points in the
order stated:
POLLOCK TRIMESTER TAC AREA
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RF1 ..................
RF2 ..................
RF3 ..................
RF4 ..................
RF5 ..................
RF6 ..................
RF7 ..................
RF8 ..................
RF9 ..................
RF10 ................
RF11 ................
RF12 ................
RF13 ................
RF14 ................
RF15 ................
RF16 ................
RF17 ................
RF18 ................
RF19 ................
RF20 ................
1 Intersection
(1)
43°40′
43°40′
43°20′
43°20′
(2)
42°53.1′
(2)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
(3)
(4)
(5)
W. Longitude
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67°40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
with ME shoreline.
maritime boundary.
2 U.S./Canada
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5 South-facing
(P) Atlantic Wolfish Trimester TAC
Area. For the purposes of the trimester
TAC AM closure specified in paragraph
(n)(2)(ii) of this section, the Atlantic
Wolfish Trimester TAC Area shall apply
to common pool vessels using trawl gear
and sink gillnet gear within the area
bounded by straight lines connecting
the following points in the order stated:
Point
2 U.S./Canada
N. Latitude
shoreline of Nantucket, MA.
shoreline of Nantucket, MA.
shoreline of Cape Cod, MA.
4 North-facing
ATLANTIC WOLFISH TRIMESTER TAC
AREA
1 Intersection
Point
3 East-facing
N. Latitude
ATWLF1 ..........
ATWLF2 ..........
ATWLF3 ..........
ATWLF4 ..........
ATWLF5 ..........
ATWLF6 ..........
ATWLF7 ..........
ATWLF8 ..........
ATWLF9 ..........
ATWLF10 ........
ATWLF11 ........
ATWLF12 ........
ATWLF13 ........
ATWLF14 ........
ATWLF15 ........
ATWLF16 ........
ATWLF17 ........
ATWLF18 ........
ATWLF19 ........
ATWLF20 ........
ATWLF21 ........
ATWLF22 ........
ATWLF23 ........
(1)
43°40′
43°40′
43°20′
43°20′
43°00′
43°00′
42°50′
42°50′
42°20′
42°20′
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
(2)
(3)
(4)
W. Longitude
69°20′
69°20′
69°00′
69°00′
69°10′
69°10′
69°20′
69°20′
69°40′
69°40′
67°40′
67°40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
1 Intersection
with ME shoreline.
shoreline of Nantucket, MA.
shoreline of Nantucket, MA.
4 South-facing shoreline of Cape Cod, MA.
2 East-facing
3 North-facing
(iii) Trimester TAC overage/underage.
If any trimester TAC, as specified in
paragraph (n)(2)(i) of this section, is not
caught during Trimester 1 or 2, the
uncaught portion of the trimester TAC
shall be carried forward into the next
trimester. Uncaught portions of any
trimester TAC following Trimester 3
may not be carried over into the
following fishing year. If any trimester
TAC is exceeded during the Trimesters
1 or 2, the overage shall be deducted
from the Trimester 3 TAC for that stock.
If the entire sub-ACL for a particular
stock that is allocated to the common
pool is exceeded (i.e., the common pool
catch of that stock at the end of the
fishing year, including the common
pool’s share of any overage of the
overall ACL for a particular stock
caused by excessive catch by other subcomponents of the fishery pursuant to
§ 648.90(a)(5), exceeds all three
trimester TACs for that stock combined),
an amount equal to the overage shall be
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69437
deducted from the sub-ACL for that
stock that is allocated to common pool
vessels pursuant to § 648.90(a)(4) for the
following fishing year.
(iv) Monitoring requirements. Starting
in fishing year 2012 (May 1, 2012),
landings of regulated species or ocean
pout by common pool vessels shall be
monitored at the point of offload by
independent, third-part service
providers approved/certified to provide
such services by NMFS, as specified in
paragraphs (n)(2)(iv)(A) and (B) of this
section. These service providers shall
deploy dockside monitors to monitor
the offload of catch directly to a dealer
and roving monitors to monitor the
offload of catch onto a truck for
subsequent shipment to a dealer. The
costs associated with monitoring vessel
offloads shall be the responsibility of
individual vessels and an individual
vessel may only use one dockside
monitoring service provider per fishing
year. Both common pool vessels and
service providers providing offloading
monitoring services will be subject to
the requirements specified in
§ 648.87(b)(5).
(A) Coverage levels. At least 20
percent of the trips taken by vessels
operating under the provisions of the
common pool shall be monitored. To
ensure that this level of coverage is
achieved, if a trip has been selected to
be observed by a dockside/roving
monitor, all offloading events associated
with that trip must be monitored by a
dockside/roving monitor, as specified in
paragraph (n)(2) of this section. For
example, a vessel offloading at more
than one dealer or facility must have a
dockside/roving monitor present during
offload at each location. All landing
events at remote ports that are selected
to be observed by a dockside/roving
monitor will be required to have a
roving monitor present to witness
offload activities to the truck, as well as
a dockside monitor present at each
dealer to certify weigh-out of all
landings. Any service provider
providing dockside/monitoring services
required under this paragraph (n)(2)(iv)
must ensure that coverage is randomly
distributed among all such trips and
that the landing events monitored are
representative of fishing operations by
common pool vessels throughout the
fishing year, unless otherwise directed.
(B) Dockside/roving monitor service
provider standards. For fishing year
2012 and beyond, a common pool vessel
must employ a service provider
approved/certified by NMFS to provide
dockside/roving monitor services, as
identified by the Regional
Administrator. To be approved/certified
to provide the services specified in
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paragraph (n)(2) of this section,
dockside/roving monitor service
providers must meet the standards
listed in § 648.87(b)(4).
(v) Adjustments to trimester TACs.
The distribution of trimester TACs
specified in paragraph (n)(2)(i) of this
section may be revised pursuant to the
biennial adjustment or framework
process specified in § 648.90(a)(2) and
shall use the distribution of landings of
the most recent 5-year period available.
(vi) Trip limit adjustment. When 60
percent of the northern or southern
windowpane flounder, ocean pout, or
Atlantic halibut sub-ACLs specified for
common pool vessels pursuant to
§ 648.90(a)(4)(iii)(E)(2) is projected to be
caught, the Regional Administrator may
specify a possession limit for these
stocks that is calculated to prevent the
yearly sub-ACL from being exceeded
prior to the end of the fishing year.
12. In § 648.83, revise paragraph (a)(1)
to read as follows:
§ 648.83
Multispecies minimum fish sizes.
(a) * * *
(1) Minimum fish sizes for
recreational vessels and charter/party
vessels that are not fishing under a NE
multispecies DAS are specified in
§ 648.89. Except as provided in § 648.17,
all other vessels are subject to the
following minimum fish sizes,
determined by total length (TL):
MINIMUM FISH SIZES (TL) FOR
COMMERCIAL VESSELS
Size
(inches)
Species
Cod ...................................
Haddock ...........................
Pollock ..............................
Witch flounder (gray sole)
Yellowtail flounder ............
American plaice (dab) ......
Atlantic halibut ..................
Winter flounder
(blackback).
Redfish .............................
22
18
19
14
13
14
41
12
(55.9 cm)
(45.7 cm)
(48.3 cm)
(35.6 cm)
(33.0 cm)
(35.6 cm)
(104.1 cm)
(30.5 cm)
9 (22.9 cm)
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*
*
*
*
*
13. In § 648.85:
a. Revise the introductory text to
paragraph (a)(1), (a)(3), (a)(3)(iii),
(b)(8)(v)(A);
b. Revise paragraphs (a)(2), (a)(3)(i)
and (ii), (a)(3)(iv) and (v), (a)(3)(vii),
(b)(3) through (5), (b)(6)(iv)(D) through
(F), (b)(6)(iv)(H) and (I), (b)(6)(iv)(J)(1),
(b)(6)(v), (b)(7), (b)(8)(i), (b)(8)(v)(A)(2)
through (4), (b)(8)(v)(B), (b)(8)(v)(D),
(b)(8)(v)(E)(1) and (3), (b)(8)(v)(F),
(b)(8)(v)(H) and (I), and (d); and
c. Add paragraphs (b)(6)(iv)(J)(4),
(b)(9), and (e) to read as follows:
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§ 648.85
Special management programs.
*
*
*
*
*
(a) * * *
(1) U.S./Canada Management Areas.
A vessel issued a NE multispecies
permit that meets the requirements of
paragraph (a)(3) of this section may fish
in the U.S./Canada Management Areas
described in paragraphs (a)(1)(i) and (ii)
of this section.
*
*
*
*
*
(2) TAC allocation—(i) Process for
establishing TACs. The amount of GB
cod and haddock TAC that may be
harvested from the Eastern U.S./Canada
Area described in paragraph (a)(1)(ii) of
this section, and the amount of GB
yellowtail flounder TAC that may be
harvested from the Western U.S./Canada
Area and the Eastern U.S./Canada Area,
as described in paragraphs (a)(1)(i) and
(ii) of this section, combined, shall be
determined by the process specified in
paragraphs (a)(2)(i)(A) through (D) of
this section.
(A) To the extent practicable, by June
30 of each year, the Terms of Reference
for the U.S./Canada shared resources for
GB cod, haddock, and yellowtail
flounder shall be established by the
Steering Committee and the
Transboundary Management Guidance
Committee (TMGC).
(B) To the extent practicable, by July
31 of each year, a Transboundary
Resource Assessment Committee
(TRAC) joint assessment of the U.S./
Canada shared resources for GB cod,
haddock and yellowtail flounder shall
occur.
(C) To the extent practicable, by
August 31 of each year, the TMGC shall
recommend TACs for the U.S./Canada
shared resources for GB cod, haddock,
and yellowtail flounder. Prior to
October 31 of each year, the Council
may refer any or all recommended TACs
back to the TMGC and request changes
to any or all TACs. The TMGC shall
consider such recommendations and
respond to the Council prior to October
31.
(D) To the extent practicable, by
October 31 of each year, the Council
shall review the TMGC recommended
TACs for the U.S. portion of the U.S./
Canada Management Area resources for
GB cod, haddock, and yellowtail
flounder. Based on the TMGC
recommendations, the Council shall
recommend to the Regional
Administrator the U.S. TACs for the
shared stocks for the subsequent fishing
year as a subset of the ACLs for these
stocks available to the commercial
fishery pursuant to § 648.90(a)(4). NMFS
shall review the Council’s
recommendations and shall publish the
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proposed TACs in the Federal Register
and provide a 30-day public comment
period. NMFS shall make a final
determination concerning the TACs and
publish notification of the approved
TACs and responses to public
comments in the Federal Register. The
Council, at this time, may also consider
modification of management measures
in order to ensure compliance with the
U.S./Canada Resource Sharing
Understanding. Any changes to
management measures will be modified
pursuant to § 648.90.
(ii) Adjustments to TACs. Any
overages of the GB cod and GB haddock
TACs specified for either the common
pool or individual Sectors, or any
overages of the GB yellowtail flounder
TAC specified for the common pool,
individual Sectors, or the scallop fishery
pursuant to this paragraph (a)(2) that
occur in a given fishing year will be
subtracted from the respective TAC in
the following fishing year.
(iii) Distribution of TACs. For stocks
managed by the U.S./Canada Resource
Sharing Understanding, as specified in
paragraph (a)(1) of this section, the TAC
allocation determined pursuant to this
paragraph (a)(2) shall be distributed
between Sectors approved pursuant to
§ 648.87(c), common pool vessels, and
scallop vessels, as specified in
§ 648.90(a)(4). Approved Sectors will be
allocated ACE for Eastern GB cod and
Eastern GB haddock proportional to the
Sector’s allocation of the overall ACL for
these stocks, based upon the fishing
histories of Sector vessels, as specified
in § 648.87(b)(1)(i). Any ACE for Eastern
GB cod and Eastern GB haddock
allocated to an individual Sector is
considered a subset of the overall GB
cod and GB haddock ACE allocated to
that Sector and may only be harvested
from the Eastern U.S./Canada Area,
while the remaining ACE for GB cod
and GB haddock available to that Sector
may only be harvested outside of the
Eastern U.S./Canada Area. Any ACE
allocated to that sector For example, if
a Sector is allocated 10 percent of the
GB haddock ACL, it will also be
allocated 10 percent of the Eastern GB
haddock TAC for that particular fishing
year.
(3) Requirements for vessels in U.S./
Canada Management Areas. Any
common pool or Sector vessel, provided
the Sector to which a vessel belongs is
allocated ACE for stocks caught in the
Eastern U.S./Canada Area pursuant to
paragraph (a)(2)(iii) of this section and
§ 648.87(b)(1)(i), may fish in the U.S./
Canada Management Areas, provided it
complies with conditions and
restrictions of this section. A vessel
other than a NE multispecies vessel may
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fish in the U.S./Canada Management
Area, subject to the restrictions
specified in paragraph (a)(3)(iv)(E) of
this section and all other applicable
regulations for such vessels.
(i) VMS requirement. A NE
multispecies vessel fishing 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
§§ 648.9 and 648.10.
(ii) Declaration. To fish in the U.S./
Canada Management Area under a NE
multispecies DAS or on a Sector trip, a
NE multispecies vessel must declare
through the VMS the specific area
within the U.S./Canada Management
Areas, as described in paragraphs
(a)(1)(i) or (ii) of this section, or the
specific SAP within the U.S./Canada
Management Areas, as described in
paragraph (b) of this section, the vessel
will be fishing in prior to leaving the
dock, in accordance with instructions to
be provided by the Regional
Administrator, and must comply with
the restrictions and conditions in
paragraphs (a)(3)(ii)(A) through (C) of
this section. Vessels other than NE
multispecies vessels are not required to
declare into the U.S./Canada
Management Areas.
(A) A common pool vessel fishing
under a NE multispecies DAS in the
Eastern U.S./Canada Area may fish both
inside and outside of the Eastern U.S./
Canada Area on the same trip, provided
it complies with the most restrictive
DAS counting requirements specified in
§ 648.10(e)(5), trip limits, and reporting
requirements for the areas fished for the
entire trip, and the restrictions specified
in paragraphs (a)(3)(ii)(A)(1) through (4)
of this section. A vessel on a Sector trip
may fish both inside and outside of the
Eastern U.S./Canada Area on the same
trip, provided it complies with the
restrictions specified in paragraphs
(a)(3)(ii)(A)(1) through (3) of this
section. When a vessel operator elects to
fish both inside and outside of the
Eastern U.S./Canada Area, all cod,
haddock, and yellowtail flounder caught
on that trip shall count toward the
applicable hard TAC specified for the
U.S./Canada Management Area.
(1) The vessel operator must notify
NMFS via VMS prior to leaving the
Eastern U.S./Canada Area (including at
the time of initial declaration into the
Eastern U.S./Canada Area) that it is also
electing to fish outside the Eastern U.S./
Canada Area, as instructed by the
Regional Administrator. With the
exception of vessels participating in the
Regular B DAS Program and fishing
under a Regular B DAS and vessels on
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a Sector trip that are not fishing under
a NE multispecies DAS for the purposes
of complying with the restrictions of
other fisheries, once a vessel elects to
fish outside of the Eastern U.S./Canada
Area, Category A DAS shall accrue from
the time the vessel crosses the VMS
Demarcation Line at the start of its
fishing trip until the time the vessel
crosses the VMS Demarcation Line on
its return to port, in accordance with
§ 648.10(e)(5)(iii).
(2) Unless otherwise exempted
pursuant to this part, the vessel must
comply with the reporting requirements
of the U.S./Canada Management Area
specified in § 648.85(a)(3)(v) for the
duration of the trip.
(3) [Reserved]
(4) If a common pool vessel fishing
under a NE multispecies DAS possesses
yellowtail flounder in excess of the trip
limits for CC/GOM yellowtail flounder
or SNE/MA yellowtail flounder, as
specified in § 648.86(g), the vessel may
not fish in either the CC/GOM or SNE/
MA yellowtail flounder stock area
during that trip (i.e., may not fish
outside of the U.S./Canada Management
Area).
(B) A common pool vessel fishing
under a NE multispecies DAS in the
Western U.S./Canada Area may fish
inside and outside the Western U.S./
Canada Area on the same trip, provided
it complies with the more restrictive
regulations applicable to the area fished
for the entire trip (e.g., the possession
restrictions specified in paragraph
(a)(3)(iv)(C)(4) of this section), and the
reporting requirements specified in
§ 648.85(a)(3)(v). A vessel on a Sector
trip in the Western U.S./Canada Area
may fish inside and outside the Western
U.S./Canada Area on the same trip,
provided it complies with the more
restrictive reporting requirements
specified in § 648.85(a)(3)(v), unless
otherwise exempted pursuant to this
part.
(C) For the purposes of selecting
vessels for observer deployment, a
vessel fishing in either of the U.S./
Canada Management Areas specified in
paragraph (a)(1) of this section must
provide notice to NMFS of the vessel
name; contact name for coordination of
observer deployment; telephone number
for contact; and the date, time, and port
of departure, at least 48 hr prior to the
beginning of any trip that it declares
into the U.S./Canada Management Area
as required under this paragraph
(a)(3)(ii).
(iii) Gear requirements. A NE
multispecies vessel fishing with trawl
gear in the Eastern U.S./Canada Area
defined in paragraph (a)(1)(ii) of this
section, unless otherwise provided in
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69439
paragraphs (b)(6) and (8) of this section,
must fish with a Ruhle trawl, as
described in paragraph (b)(6)(iv)(J)(1) of
this section, or a haddock separator
trawl, or a flounder trawl net, as
described in paragraphs (a)(3)(iii)(A)
and (B) of this section (all three nets
may be onboard the fishing vessel
simultaneously). Unless otherwise
restricted by § 648.80(n), gear other than
the Ruhle trawl, haddock separator
trawl, or the flounder trawl net, or gear
authorized under paragraphs (b)(6) and
(8) of this section, may be on board the
vessel during a trip to the Eastern U.S./
Canada Area, provided the gear is
stowed according to the regulations in
§ 648.23(b). The description of the
haddock separator trawl and the
flounder trawl net, and the description
of the Ruhle trawl may be further
specified by the Regional Administrator
through publication of such
specifications in the Federal Register, in
a manner consistent with the
Administrative Procedure Act.
*
*
*
*
*
(iv) Harvest controls. Unless
otherwise specified in this paragraph
(a)(3)(iv), any NE multispecies vessel
fishing in the U.S./Canada Management
Areas is subject to the following
restrictions. For common pool vessels,
the trip limits specified in this
paragraph (a)(3)(iv) are in addition to
any other possession or landing limits
applicable to vessels not fishing in the
U.S./Canada Management Areas. A
Sector vessel is subject to the trip limits
specified in § 648.87(b)(1)(ix).
(A) Cod landing limit restrictions.
Notwithstanding other applicable
possession and landing restrictions
under this part, a common pool vessel
fishing in the Eastern U.S./Canada Area
described in paragraph (a)(1)(ii) of this
section may not land more than 500 lb
(226.8 kg) of cod per DAS, or any part
of a DAS, up to 5,000 lb (2,268 kg) per
trip. A vessel fishing in the Eastern
U.S./Canada Area may be further
restricted by participation in other
Special Management Programs, as
required under this section.
(1) Initial cod landing limit. Unless
modified pursuant to paragraph
(a)(3)(iv)(D) of this section,
notwithstanding other applicable
possession and landing restrictions
under this part, a common pool vessel
fishing in the Eastern U.S./Canada Area
described in paragraph (a)(1)(ii) of this
section may not land more than 500 lb
(226.8 kg) of cod per DAS, or any part
of a DAS, up to 5,000 lb (2,268 kg) per
trip. A vessel fishing in the Eastern
U.S./Canada Area may be further
restricted by participation in other
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Special Management Programs, as
required under this section.
(2) Possession restriction when 100
percent of TAC is harvested. When the
Regional Administrator projects that 100
percent of the TAC allocation for cod
specified in paragraph (a)(2) of this
section will be harvested, NMFS shall,
in a manner consistent with the
Administrative Procedure Act, close the
Eastern U.S./Canada Area to NE
multispecies DAS vessels as specified in
paragraph (a)(3)(iv)(E) of this section,
and prohibit all vessels from harvesting,
possessing, or landing haddock in or
from the Eastern U.S./Canada Area.
(B) Haddock landing limit—(1) Initial
haddock landing limit. The initial
haddock landing limit for common pool
vessels is specified in § 648.86(a), unless
adjusted pursuant to paragraphs
(a)(3)(iv)(B)(2) and (3) of this section.
(2) Implementation of haddock
landing limit for Eastern U.S./Canada
Area. When the Regional Administrator
projects that 70 percent of the haddock
TAC allocation specified for common
pool vessels, as described in paragraph
(a)(2) of this section, will be harvested,
NMFS shall implement, in a manner
consistent with the Administrative
Procedure Act, a haddock trip limit for
common pool vessels fishing in the
Eastern U.S./Canada Area of 1,500 lb
(680.4 kg) per day, and 15,000 lb
(6,804.1 kg) per trip.
(3) Possession restriction when 100
percent of TAC is harvested. When the
Regional Administrator projects that 100
percent of the TAC allocation for
haddock distributed to either common
pool vessels or a particular Sector, as
specified in paragraph (a)(2) of this
section, will be harvested, NMFS shall,
in a manner consistent with the
Administrative Procedure Act, close the
Eastern U.S./Canada Area to all limited
access NE multispecies vessels subject
to that particular TAC allocation, as
specified in paragraph (a)(3)(iv)(E) of
this section, and prohibit such vessels
and all other vessels not issued a
limited access NE multispecies permit
from harvesting, possessing, or landing
haddock in or from the Eastern U.S./
Canada Area.
(C) Yellowtail flounder landing
limit—(1) Initial yellowtail flounder
landing limit. Unless further restricted
under paragraphs (a)(3)(iv)(C)(2) or (D)
of this section (gear performance
incentives), or modified pursuant to
paragraph (a)(3)(iv)(D) of this section,
there is no initial limit to the amount of
yellowtail flounder that could be landed
for each fishing year.
(2) Regional Administrator authority
to adjust the yellowtail flounder landing
limit mid-season. If, based upon
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available information, the Regional
Administrator projects that the
yellowtail flounder catch may exceed
the yellowtail flounder TAC for a
fishing year, the Regional Administrator
may implement, adjust, or remove the
yellowtail flounder landing limit at any
time during that fishing year in order to
prevent yellowtail flounder catch from
exceeding the TAC, or to facilitate
harvesting the TAC, in a manner
consistent with the Administrative
Procedure Act. If, based upon available
information, the Regional Administrator
projects that the yellowtail flounder
catch is less than 90 percent of the TAC,
the Regional Administrator may adjust
or remove the yellowtail flounder
landing limit at any time during the
fishing year in order to facilitate the
harvest of the TAC, in a manner
consistent with the Administrative
Procedure Act. The Regional
Administrator may specify yellowtail
flounder trip limits that apply to the
entire U.S./Canada Management Area or
to only the Western or Eastern Area.
(3) Possession restriction when 100
percent of TAC is harvested. When the
Regional Administrator projects that 100
percent of the TAC allocation for
yellowtail flounder distributed to either
common pool vessels or a particular
Sector, as specified in paragraph (a)(2)
of this section, will be harvested, NMFS
shall, in a manner consistent with the
Administrative Procedure Act, close the
Eastern U.S./Canada Area to all limited
access NE multispecies vessels subject
to that particular TAC allocation, as
specified in paragraph (a)(3)(iv)(E) of
this section, and prohibit such vessels
and all other vessels not issued a
limited access NE multispecies permit
from harvesting, possessing, or landing
yellowtail flounder from the U.S./
Canada Management Area.
(4) Yellowtail flounder landing limit
for vessels fishing both inside and
outside the Western U.S./Canada Area
on the same trip. A vessel fishing both
inside and outside of the Western U.S./
Canada Area on the same trip, as
allowed under paragraph (a)(3)(ii)(B) of
this section, is subject to the most
restrictive landing limits that apply to
any of the areas fished, for the entire
trip.
(D) Other restrictions or inseason
adjustments. In addition to the
possession restrictions specified in
paragraph (a)(3)(iv) of this section, the
Regional Administrator, in a manner
consistent with the Administrative
Procedure Act, may modify the gear
requirements, modify or close access to
the U.S./Canada Management Areas, or
modify the total number of trips into the
U.S./Canada Management Area, to
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prevent over-harvesting or to facilitate
achieving the TAC specified in
paragraph (a)(2) of this section. Such
adjustments may be made at any time
during the fishing year, or prior to the
start of the fishing year. If necessary to
give priority to using Category A DAS
versus using Category B DAS, the
Regional Administrator may implement
different management measures for
vessels using Category A DAS than for
vessels using Category B DAS. If the
Regional Administrator, under this
authority, requires use of a particular
gear type in order to reduce catches of
stocks of concern, unless further
restricted elsewhere in this part, the
following gear performance incentives
will apply: Possession of flounders (all
species combined), monkfish, and
skates is limited to 500 lb (226.8 kg)
(whole weight) each (i.e., no more than
500 lb (226.8 kg) of all flounders, no
more than 500 lb (226.8 kg) of monkfish,
and no more than 500 lb (226.8 kg) of
skates), and possession of lobsters is
prohibited.
(E) Closure of Eastern U.S./Canada
Area. Based upon available information,
when the Regional Administrator
projects that any individual TAC
allocation specified in paragraph
(a)(2)(iii) of this section will be caught,
NMFS shall close, in a manner
consistent with the Administrative
Procedure Act, the Eastern U.S./Canada
Area to all vessels subject to that
particular TAC allocation, unless
otherwise allowed under this paragraph
(a)(3)(iv)(E). For example, if the Eastern
GB cod TAC specified for common pool
vessels is projected to be caught, NMFS
shall close the Eastern U.S./Canada Area
to all common pool vessels operating
under a NE multispecies DAS. Should
the Eastern U.S./Canada Area close as
described in this paragraph (a)(3)(iv)(E),
common pool vessels fishing under a
DAS may continue to fish in a SAP
within the Eastern U.S./Canada Area,
provided that the TAC for the target
stock identified for that particular SAP
(i.e., haddock for the Eastern U.S./
Canada Haddock SAP or haddock or
yellowtail flounder for the CA II
Yellowtail Flounder/Haddock SAP) has
not been fully harvested. A vessel
fishing on a Sector trip may only fish in
a SAP if that vessel’s Sector has ACE
available for all stocks caught in that
SAP. For example, should the GB cod
TAC allocation specified for common
pool vessels in paragraph (a)(2)(iii) of
this section be attained, and the Eastern
U.S./Canada Area closure implemented
for common pool vessels, common pool
vessels could continue to fish for
yellowtail flounder within the SAP
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identified as the Closed Area II
Yellowtail Flounder/Haddock SAP,
described in paragraph (b)(3) of this
section, in accordance with the
requirements of that program. Upon
closure of the Eastern U.S./Canada Area,
vessels may transit through this area as
described in paragraph (a)(1)(ii) of this
section, provided that its gear is stowed
in accordance with the provisions of
§ 648.23(b), unless otherwise restricted
under this part.
(v) Reporting. The owner or operator
of a common pool vessel must submit
reports via VMS, in accordance with
instructions provided by the Regional
Administrator, for each day of the
fishing trip when declared into either of
the U.S./Canada Management Areas. A
vessel fishing on a Sector trip is subject
to the reporting requirements specified
in this paragraph (a)(3)(v) unless the
Regional Administrator determines that
weekly Sector catch reports, as required
by § 648.87(b)(1)(v), are sufficient to
monitor Sector catch within the U.S./
Canada Management Areas, and the
Regional Administrator makes that
determination in a manner consistent
with the Administrative Procedure Act.
Vessels subject to this reporting
requirement must continue to report
daily, even after exiting the U.S./Canada
Management Area. The reports must be
submitted in 24-hr intervals for each
day, beginning at 0000 hr and ending at
2359 hr, and must be submitted by 0900
hr of the following day, or as instructed
by the Regional Administrator. The
reports must include at least the
following information:
(A) VTR serial number or other
universal ID specified by the Regional
Administrator;
(B) Date fish were caught; and
(C) Total pounds of cod, haddock,
yellowtail flounder, winter flounder,
witch flounder, pollock, American
plaice, redfish, Atlantic halibut, ocean
pout, Atlantic wolffish, and white hake
kept (in pounds, live weight) in each
broad stock area, specified in
§ 648.10(k)(3), as instructed by the
Regional Administrator.
*
*
*
*
*
(vii) Transiting. A NE multispecies
vessel that has declared into the Eastern
U.S./Canada Area, as defined in
paragraph (a)(1)(ii) of this section, and
that is not fishing in the CA II
Yellowtail Flounder/Haddock SAP
described in paragraph (b)(3) of this
section, may transit the CA II Yellowtail
Flounder/Haddock SAP Area, as
described in paragraph (b)(3)(ii) of this
section, provided all fishing gear is
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stowed in accordance with the
regulations in § 648.23(b).
*
*
*
*
*
(b) * * *
(3) Closed Area II Yellowtail
Flounder/Haddock SAP—(i) Eligibility.
Any vessel issued a valid limited access
NE multispecies permit fishing under a
NE multispecies DAS or on a Sector
trip, provided the Sector to which the
vessel belongs has been allocated ACE
for all stocks that may be caught within
the Eastern U.S./Canada Area pursuant
to § 648.87(b)(1)(i), are eligible to
participate in the Closed Area II
Yellowtail Flounder/Haddock SAP, and
may fish in the Closed Area II
Yellowtail Flounder/Haddock Access
Area, as described in paragraph (b)(3)(ii)
of this section, for the period specified
in paragraph (b)(3)(iii) of this section,
provided the Eastern U.S./Canada Area,
as described in paragraph (a)(1)(ii) of
this section, is not closed according to
the provisions specified in paragraph
(a)(3)(iv)(E) of this section, or that the
Sector to which a vessel belongs no
longer has ACE available for all stocks
caught within the Eastern U.S./Canada
Area pursuant to § 648.87(b)(1)(i). All
eligible vessels must comply with the
requirements of this section, unless
otherwise specified in this paragraph
(b)(3).
(ii) Closed Area II Yellowtail
Flounder/Haddock SAP Area. The
Closed Area II Yellowtail Flounder/
Haddock SAP Area is the area defined
by straight lines connecting the
following points in the order stated:
CLOSED AREA II YELLOWTAIL
FLOUNDER/HADDOCK SAP AREA
Point
N. Latitude
Ytail 1 ..............
Ytail 2 ..............
G5 ....................
CII 2 .................
CII 1 .................
Ytail 1 ..............
41°30′
41°30′
41°18.6′
41°00′
41°00′
41°30′
W. Longitude
67°20′
66°34.8′
66°24.8′1
66°35.8′
67°20′
67°20′
(iii) Season—(A) Season when the CA
II Yellowtail Flounder/Haddock SAP is
open to target yellowtail flounder. When
the CA II Yellowtail Flounder/Haddock
SAP is open to target yellowtail
flounder, as specified in paragraph
(b)(3)(vii) of this section, eligible vessels
may fish in the Closed Area II
Yellowtail Flounder/Haddock SAP from
July 1 through December 31.
(B) Season when the CA II Yellowtail
Flounder/Haddock SAP is open only to
target haddock. When the CA II
Yellowtail Flounder/Haddock SAP is
open only to target haddock, as
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69441
specified in paragraph (b)(3)(vii) of this
section, eligible vessels may fish in the
CA II Yellowtail Flounder/Haddock
SAP from August 1 through January 31.
(iv) VMS requirement. All NE
multispecies vessels fishing 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
§§ 648.9 and 648.10.
(v) Declaration. For the purposes of
selecting vessels for observer
deployment, a vessel must provide
notice to NMFS of the vessel name;
contact name for coordination of
observer deployment; telephone number
for contact; date, time and port of
departure; and special access program to
be fished, at least 48 hr prior to the
beginning of any trip that it declares
into the SAP as required under this
paragraph (b)(3)(v). To fish in the Closed
Area II Yellowtail Flounder/Haddock
SAP, a vessel must declare into this area
through the VMS prior to departure
from port, in accordance with
instructions provided by the Regional
Administrator. A vessel declared into
the Closed Area II Yellowtail Flounder/
Haddock SAP may also fish in the area
outside the Eastern U.S./Canada Area,
as defined in paragraph (a)(1)(ii) of this
section, on the same trip, provided the
vessel also declares into this area prior
to departure from port and fishes under
the most restrictive DAS counting
requirements specified in § 648.10(e)(5),
trip limits, and reporting requirements
for the areas fished during the entire
trip.
(vi) Number of trips per vessel—(A)
Number of trips allowed when the CA II
Yellowtail Flounder/Haddock SAP is
open to target yellowtail flounder. When
the CA II Yellowtail Flounder/Haddock
SAP is open to target yellowtail
flounder, as specified in paragraph
(b)(3)(vii) of this section, eligible
common pool vessels are restricted to
one trip per calendar month during the
season described in paragraph (b)(3)(iii)
of this section.
(B) Number of trips allowed when the
CA II Yellowtail Flounder/Haddock SAP
is open only to target haddock. When
the CA II Yellowtail Flounder/Haddock
SAP is open only to target haddock, as
specified in paragraph (b)(3)(vii) of this
section, there is no limit on the number
of trips that can be taken by eligible
vessels during the season described in
paragraph (b)(3)(iii) of this section.
(vii) Opening criteria—(A) Opening
the CA II Yellowtail Flounder/Haddock
SAP to target yellowtail flounder. Unless
otherwise authorized by the Regional
Administrator, as specified in paragraph
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(a)(3)(iv)(D) of this section, the total
number of allowed trips by common
pool vessels that may be declared into
the Closed Area II Yellowtail Flounder/
Haddock SAP for each fishing year shall
be as announced by the Regional
Administrator on or about June 1, after
consultation with the Council, in a
manner consistent with the
Administrative Procedure Act. Except as
provided in paragraph (b)(3)(vii)(B) of
this section, the total number of trips by
all common pool vessels that may be
declared into this SAP when the SAP is
open to target yellowtail flounder shall
not exceed 320 per year. When
determining the total number of trips,
the Regional Administrator shall
consider the available yellowtail
flounder TAC under the U.S./Canada
Resource Sharing Understanding, the
potential catch of GB yellowtail
flounder by all vessels fishing outside of
the SAP, recent discard estimates in all
fisheries that catch yellowtail flounder,
the expected number of SAP
participants, and any other available
information. If the Regional
Administrator determines that the
available catch, as determined by
subtracting the potential catch of GB
yellowtail flounder by all vessels
outside of the SAP from the GB
yellowtail flounder TAC allocation
specified in paragraph (a)(2) of this
section, is insufficient to allow for at
least 150 trips with a possession limit of
15,000 lb (6,804 kg) of yellowtail
flounder per trip, the Regional
Administrator may choose not to
authorize any trips into the SAP during
a fishing year.
(B) Opening the CA II Yellowtail/
Haddock SAP to only target haddock. If
the CA II Yellowtail Flounder/Haddock
SAP is not open to targeting yellowtail
flounder due to an insufficient amount
of yellowtail flounder TAC, or because
the maximum number of trips allowed
into the CA II Yellowtail Flounder/
Haddock SAP to target yellowtail
flounder has been achieved pursuant to
paragraph (b)(3)(vii)(A) of this section,
eligible vessels may target haddock in
the CA II Yellowtail Flounder/Haddock
Access Area, as specified in paragraph
(b)(3)(ii) of this section, provided the
Eastern GB haddock TAC specified in
paragraph (a)(2) of this section has not
been caught, the Eastern U.S./Canada
Area is not closed pursuant to paragraph
(a)(3)(iv)(D) of this section; and, for
vessels on a Sector trip, the Sector to
which the Sector vessel belongs has
ACE remaining for the stocks caught in
the Eastern U.S./Canada Area.
(viii) Trip limits. Vessels subject to the
provisions of the common pool that are
fishing in the Closed Area II Yellowtail
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Flounder/Haddock SAP are subject to
the following trip limits, unless
otherwise restricted in this part. Vessels
subject to the restrictions and
conditions of an approved Sector
operations plan fishing in the Closed
Area II Yellowtail Flounder/Haddock
SAP are subject to the trip limits
specified in § 648.87(b)(1)(ix).
(A) Yellowtail flounder trip limit—(1)
Trip limits when the CA II Yellowtail
Flounder/Haddock SAP is open to target
yellowtail flounder. Unless otherwise
authorized by the Regional
Administrator as specified in paragraph
(a)(3)(iv)(D) of this section, when the CA
II Yellowtail Flounder/Haddock SAP is
open to target yellowtail flounder, as
specified in paragraph (b)(3)(vii) of this
section, a vessel subject to the
provisions of the common pool that is
fishing in the CA II Yellowtail
Flounder/Haddock SAP may fish for,
possess, and land up to 10,000 lb (4,536
kg) of yellowtail flounder per trip. The
Regional Administrator may adjust this
limit to a maximum of 30,000 lb (13,608
kg) per trip after considering the factors
listed in paragraph (b)(3)(vii) of this
section for the maximum number of
trips.
(2) Trip limits when the CA II
Yellowtail Flounder/Haddock SAP is
open to target haddock. Unless
otherwise specified by the Regional
Administrator pursuant to paragraph
(a)(3)(iv)(D) of this section, when the CA
II Yellowtail Flounder/Haddock SAP is
only open to target haddock, as
specified in paragraph (b)(3)(vii) of this
section, the trip limit for yellowtail
flounder is specified in paragraph
(b)(3)(viii)(C) of this section.
(B) Cod and haddock trip limit.
Unless otherwise restricted, a common
pool vessel fishing any portion of a trip
in the Closed Area II Yellowtail
Flounder/Haddock SAP on a NE
multispecies DAS may not fish for,
possess, or land more than 1,000 lb
(453.6 kg) of cod per trip, regardless of
trip length. A common pool vessel
fishing on a NE multispecies DAS in the
Closed Area II Yellowtail Flounder/
Haddock SAP is subject to the haddock
requirements described in § 648.86(a),
unless further restricted under
paragraph (a)(3)(iv) of this section.
(C) Other species trip limits. A
common pool vessel fishing on a NE
multispecies DAS in the CA II
Yellowtail Flounder/Haddock SAP
using a haddock separator trawl, a
Ruhle trawl, or any other gear specified
pursuant to paragraph (b)(3)(x)(B) must
comply with the trip limits specified in
§ 648.86, unless further restricted by the
trip limits specified in paragraph (e) of
this section.
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(ix) Area fished. Eligible vessels that
have declared a trip into the Closed
Area II Yellowtail Flounder/Haddock
SAP, and other areas as specified in
paragraph (b)(3)(v) of this section, may
not fish for, possess, or land fish in or
from outside of the declared area during
the same trip.
(x) Gear requirements—(A) Approved
gear. When the CA II Yellowtail
Flounder/Haddock SAP is open to target
yellowtail flounder, as specified in
paragraph (b)(3)(vii) of this section, NE
multispecies vessels must fish with a
haddock separator trawl or a flounder
trawl net, as described in paragraph
(a)(3)(iii) of this section, or the Ruhle
trawl, as described in paragraph
(b)(6)(iv)(J)(3) of this section (all three
nets may be onboard the fishing vessel
simultaneously). When this SAP is only
open to target haddock, NE multispecies
vessels must use a haddock separator
trawl, a Ruhle trawl, or hook gear. Gear
other than the haddock separator trawl,
the flounder trawl, or the Ruhle trawl
may be on board the vessel during a trip
to the Eastern U.S./Canada Area outside
of the CA II Yellowtail Flounder/
Haddock SAP, provided the gear is
stowed according to the regulations at
§ 648.23(b).
(B) Approval of additional gear. The
Regional Administrator may authorize
additional gear for use in the CA II
Yellowtail Flounder/Haddock SAP in
accordance with the standards and
requirements specified in paragraph
(b)(6)(iv)(J)(2) of this section.
(xi) No-discard provision and DAS
flips. A vessel fishing in the CA II
Yellowtail Flounder/Haddock SAP
under a NE multispecies DAS or on a
Sector trip may not discard legal-sized
regulated NE multispecies, unless the
possession of the species is prohibited
pursuant to § 648.86, or unless
otherwise specified in this paragraph
(b)(3)(xi). A vessel may discard Atlantic
halibut exceeding the one fish per trip
possession limit. If a vessel fishing in
the CA II Yellowtail Flounder/Haddock
SAP exceeds an applicable trip limit,
the vessel must exit the SAP. If a
common pool vessel operator fishing in
the CA II Yellowtail Flounder/Haddock
SAP under a Category B DAS harvests
and brings on board more legal-sized
regulated NE multispecies or Atlantic
halibut than the maximum landing
limits allowed per trip, as specified in
paragraph (b)(3)(iv) or (viii) of this
section, or in § 648.86, the vessel
operator must immediately notify NMFS
via VMS to initiate a DAS flip (from a
Category B DAS to a Category A DAS).
Once this notification has been received
by NMFS, the vessel’s entire trip will
accrue as a Category A DAS trip. For a
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vessel that notifies NMFS of a DAS flip,
the Category B DAS that have accrued
between the time the vessel started
accruing Category B DAS (i.e., either at
the beginning of the trip, or at the time
the vessel crossed into the Eastern U.S./
Canada Area) and the time the vessel
declared its DAS flip shall be accrued as
Category A DAS, and not Category B
DAS.
(xii) Minimum Category A DAS. For
vessels fishing under a Category B DAS,
the number of Category B DAS that can
be used on a trip cannot exceed the
number of available Category A DAS the
vessel has at the start of the trip.
(xiii) Catch distribution. All catch of
GB haddock from vessels declared into
the CA II Yellowtail Flounder/Haddock
SAP shall be applied against the Eastern
GB haddock TAC, as specified in
paragraph (a)(2) of this section, for
either common pool vessels or
individual approved Sectors.
(4) [Reserved]
(5) Incidental Catch TACs. Unless
otherwise specified in this paragraph
(b)(5), Incidental Catch TACs shall be
based upon the portion of the ACL for
a stock specified for the common pool
vessels pursuant to § 648.90(a)(4), and
allocated as described in this paragraph
(b)(5), for each of the following stocks:
GOM cod, GB cod, GB yellowtail
flounder, GB winter flounder, CC/GOM
yellowtail flounder, American plaice,
white hake, SNE/MA yellowtail
flounder, SNE/MA winter flounder,
witch flounder, and pollock. Because
GB yellowtail flounder and GB cod are
transboundary stocks, the incidental
catch TACs for these stocks shall be
based upon the portion of the ACL
available to U.S. vessels. NMFS shall
send letters to limited access NE
multispecies permit holders notifying
them of such TACs.
(i) Stocks other than GB cod, GB
yellowtail flounder, GB winter flounder,
and pollock. With the exception of GB
cod, GB yellowtail flounder, GB winter
flounder, and pollock, 100 percent of
the Incidental Catch TACs specified in
this paragraph (b)(5) shall be allocated
to the Regular B DAS Program described
in paragraph (b)(6) of this section.
(ii) GB cod and pollock. Each of the
Incidental Catch TACs for GB cod and
pollock specified in this paragraph
(b)(5) shall be subdivided as follows: 50
percent to the Regular B DAS Program
described in paragraph (b)(6) of this
section; 16 percent to the CA I Hook
Gear Haddock SAP described in
paragraph (b)(7) of this section; and 34
percent to the Eastern U.S./Canada
Haddock SAP described in paragraph
(b)(8) of this section.
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(iii) GB yellowtail flounder and GB
winter flounder. Each of the Incidental
Catch TACs for GB yellowtail flounder
and GB winter flounder specified in this
paragraph (b)(5) shall be subdivided as
follows: 50 percent to the Regular B
DAS Program described in paragraph
(b)(6) of this section and 50 percent to
the Eastern U.S./Canada Haddock SAP
described in paragraph (b)(8) of this
section.
(6) * * *
(iv) * * *
(D) Landing limits. Unless otherwise
specified in this paragraph (b)(6)(iv)(D),
or restricted pursuant to § 648.86, 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 (both GOM and GB),
American plaice, white hake, witch
flounder, SNE/MA winter flounder, GB
winter flounder, GB yellowtail flounder,
and pollock; 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
in paragraph (a)(3)(iii)(A), or a Ruhle
trawl, as specified in 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 in paragraph (b)(6)(iv)(J) of
this section, are restricted to the trip
limits specified in paragraph (e) of this
section.
(E) No-discard provision and DAS
flips. A vessel fishing in the Regular B
DAS Program under a Regular B DAS
may not discard legal-sized regulated
species, ocean pout, or monkfish. This
prohibition on discarding does not
apply in areas or times where the
possession or landing of regulated
species or ocean pout is prohibited, as
specified in §§ 648.85 and 648.86. If
such a vessel harvests and brings on
board legal-sized regulated species or
ocean pout in excess of the allowable
landing limits specified in paragraph
(b)(6)(iv)(D) of this section or § 648.86,
the vessel operator must notify NMFS
immediately via VMS to initiate a DAS
flip from a B DAS to an A DAS. Once
this notification has been received by
NMFS, the vessel shall automatically be
switched by NMFS to fishing under a
Category A DAS for its entire fishing
trip. Thus, any Category B DAS that
accrued between the time the vessel
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Fmt 4701
Sfmt 4702
69443
declared into the Regular B DAS
Program at the beginning of the trip (i.e.,
at the time the vessel crossed the
demarcation line at the beginning of the
trip) and the time the vessel declared its
DAS flip shall be accrued as Category A
DAS, and not Regular B DAS. After
flipping to a Category A DAS, the vessel
is subject to the applicable trip limits
specified in § 648.85(a) or § 648.86 and
may discard fish in excess of the
applicable trip limits.
(F) Minimum Category A DAS and B
DAS accrual. For a vessel fishing under
the Regular B DAS Program, the number
of Regular B DAS that may be used on
a trip cannot exceed the number of
Category A DAS that the vessel has at
the start of the trip. If a vessel is fishing
in an area subject to differential DAS
counting pursuant to § 648.82(n)(1), the
number of Regular B DAS that may be
used on a trip cannot exceed the
number of Category A DAS that the
vessel has at the start of the trip divided
by the applicable differential DAS
counting factor specified in
§ 648.82(n)(1)(ii). For example, if a
vessel plans a trip under the Regular B
DAS Program in the Inshore GOM
Differential DAS Area during a fishing
year in which the area is subject to a
differential DAS counting factor of 1.2,
and the vessel has 10 Category A DAS
available at the start of the trip, the
maximum number of Regular B DAS
that the vessel may fish under the
Regular B Program is 8 (10 divided by
1.2 = 8.33, but since Regular B DAS are
charged in 24-hr intervals, 8 Regular B
DAS is the maximum that can be used
for this trip). A vessel fishing in the
Regular B DAS Program for its entire
trip shall accrue DAS in accordance
with § 648.82(e)(1).
*
*
*
*
*
(H) Closure of Regular B DAS Program
and quarterly DAS limits. Unless
otherwise closed as a result of the
harvest of an Incidental Catch TAC as
described in paragraph (b)(6)(iv)(G) of
this section, or as a result of an action
by the Regional Administrator under
paragraph (b)(6)(vi) of this section, the
use of Regular B DAS shall, in a manner
consistent with the Administrative
Procedure Act, be prohibited when 500
Regular B DAS have been used during
the first quarter of the fishing year
(May–July), or when 1,000 Regular B
DAS have been used during any of the
remaining quarters of the fishing year,
in accordance with § 648.82(e)(1).
(I) Reporting requirements. The owner
or operator of a NE multispecies DAS
vessel must submit catch reports via
VMS in accordance with instructions
provided by the Regional Administrator,
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for each day fished when declared into
the Regular B DAS Program. The reports
must be submitted in 24-hr intervals for
each day, beginning at 0000 hr and
ending at 2359 hr. The reports must be
submitted by 0900 hr of the following
day. For vessels that have declared into
the Regular B DAS Program in
accordance with paragraph (b)(6)(iv)(C)
of this section, the reports must include
at least the following information: VTR
serial number or other universal ID
specified by the Regional Administrator;
date fish were caught; and the total
pounds of cod, haddock, yellowtail
flounder, winter flounder, witch
flounder, pollock, American plaice,
redfish, Atlantic halibut, ocean pout,
Atlantic wolffish, and white hake kept
in each broad stock area (in pounds, live
weight), specified in § 648.10(k)(3), as
instructed by the Regional
Administrator. Daily reporting must
continue even if the vessel operator is
required to flip, as described in
paragraph (b)(6)(iv)(E) of this section.
(J) * * *
(1) Vessels fishing with trawl gear in
the Regular B DAS Program must use
the haddock separator trawl or Ruhle
trawl, as described in paragraphs
(a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this
section, respectively, or other type of
gear if approved as described in this
paragraph (b)(6)(iv)(J). Other gear may
be on board the vessel, provided it is
stowed when the vessel is fishing under
the Regular B DAS Program pursuant to
§ 648.23(b).
*
*
*
*
*
(4) Mesh size. An eligible vessel
fishing in the Regular B DAS Program
pursuant to paragraph (b)(6) of this
section must use trawl gear described in
this paragraph (b)(6)(iv)(J) with a
minimum codend mesh size of 6-inch
(15.24-cm) square or diamond mesh.
(v) Definition of stock areas. The
species stock areas associated with the
incidental catch TACs for the Regular B
DAS Program are defined in paragraphs
(b)(6)(v)(A) through (K) of this section.
Where specified, these areas also
identify stock areas applicable for trip
limits specified in § 648.86 and for
determining areas applicable to Sector
allocations of ACE pursuant to
§ 648.87(b). Copies of a chart depicting
these areas are available from the
Regional Administrator upon request.
(A) GOM cod stock area. The GOM
cod stock area, for the purposes of the
Regular B DAS Program, identifying
stock areas for trip limits specified in
§ 648.86, and determining areas
applicable to Sector allocations of ACE
pursuant to § 648.87(b), is the area
defined by straight lines connecting the
following points in the order stated:
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
GOM COD STOCK AREA
Point
GOM1
GOM2
GOM3
GOM4
GOM5
GOM6
GOM7
GOM8
N. Latitude
..............
..............
..............
..............
..............
..............
..............
..............
(1)
W. Longitude
70°00′
70°00′
67°40′
67°40′
66°50′
66°50′
67°00′
67°00′
42°20′
42°20′
43°50′
43°50′
44°20′
44°20′
(2)
1 Intersection of the north-facing coastline of
Cape Cod, MA, and 70°00′ W. long.
2 Intersection of the south-facing ME coastline and 67°00′ W. long.
CC/GOM YELLOWTAIL FLOUNDER
STOCK AREA—Continued
Point
N. Latitude
CCGOM11 .......
CCGOM12 .......
CCGOM13 .......
1 Intersection
2 Intersection
42°00′
42°00′
(5)
W. Longitude
(3)
(4)
70°00′
with the NH coastline.
of the south-facing shoreline of
Cape Cod, MA.
3 Intersection with the east-facing shoreline
of Cape Cod, MA.
4 Intersection with the west-facing shoreline
of Cape Cod, MA.
5 Intersection with the east-facing shoreline
of Massachusetts.
(B) GB cod stock area. The GB cod
stock area, for the purposes of the
Regular B DAS Program, identifying
stock areas for trip limits specified in
§ 648.86, and determining areas
applicable to Sector allocations of ACE
pursuant to § 648.87(b), is the area
defined by straight lines connecting the
following points in the order stated:
(D) American plaice stock area. The
American plaice stock area, for the
purposes of the Regular B DAS Program,
identifying stock areas for trip limits
specified in § 648.86, and determining
areas applicable to Sector allocations of
ACE pursuant to § 648.87(b), is the area
defined by straight lines connecting the
following points in the order stated:
GB COD STOCK AREA
AMERICAN PLAICE STOCK AREA
Point
N. Latitude
GB1 .................
GB2 .................
GB3 .................
GB4 .................
GB5 .................
GB6 .................
GB7 .................
GB8 .................
GB9 .................
GB10 ...............
GB11 ...............
GB12 ...............
(1)
42°20′
42°20′
42°10′
42°10′
42°00′
42°00′
40°30′
39°00′
39°00′
35°00′
35°00′
W. Longitude
70°00′
70°00′
66°00′
66°00′
65°50′
65°50′
65°40′
65°40′
65°40′
70°00′
70°00′
(2)
1 Intersection of the north-facing coastline of
Cape Cod, MA, and 70°00′ W. long.
2 Intersection of the east-facing coastline of
Outer Banks, NC, and 35°00′ N. lat.
(C) CC/GOM yellowtail flounder stock
area. For the purposes of the Regular B
DAS Program, the CC/GOM yellowtail
flounder stock area is the area defined
by straight lines connecting the
following points in the order stated:
CC/GOM YELLOWTAIL FLOUNDER
STOCK AREA
Point
N. Latitude
CCGOM1 .........
CCGOM2 .........
CCGOM3 .........
CCGOM4 .........
CCGOM5 .........
CCGOM6 .........
CCGOM7 .........
CCGOM8 .........
CCGOM5 .........
CCGOM9 .........
CCGOM10 .......
PO 00000
Frm 00064
(1)
70°00′
70°00′
69°30′
69°30′
69°00′
69°00′
69°30′
69°30′
70°00′
70°00′
43°00′
43°00′
42°30′
42°30′
41°30′
41°30′
41°00′
41°00′
41°30′
41°30′
(2)
Fmt 4701
W. Longitude
Sfmt 4702
Point
AMP1 ...............
AMP2 ...............
AMP3 ...............
AMP4 ...............
AMP5 ...............
AMP6 ...............
AMP7 ...............
AMP8 ...............
AMP9 ...............
AMP10 .............
AMP11 .............
AMP12 .............
AMP13 .............
AMP14 .............
AMP15 .............
AMP16 .............
N. Latitude
(1)
44°20′
44°20′
43°50′
43°50′
42°30′
42°30′
42°10′
42°10′
42°00′
42°00′
40°30′
39°00′
39°00′
35°00′
35°00′
W. Longitude
67°00′
67°00′
66°50′
66°50′
67°40′
67°40′
66°00′
66°00′
65°50′
65°50′
65°40′
65°40′
65°40′
70°00′
70°00′
(2)
1 Intersection of south-facing ME coastline
and 67°00′ W. long.
2 Intersection of east-facing coastline of
Outer Banks, NC, and 35°00′ N. lat.
(E) SNE/MA yellowtail flounder stock
area. For the purposes of the Regular B
DAS Program, the SNE/MA stock area is
the area bounded on the north, east, and
south by straight lines connecting the
following points in the order stated:
SNE/MA YELLOWTAIL FLOUNDER
STOCK AREA
Point
SNEMA1
SNEMA2
SNEMA3
SNEMA4
SNEMA5
SNEMA6
SNEMA7
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..........
..........
..........
..........
..........
..........
..........
31DEP2
N. Latitude
40°00′
40°00′
40°30′
40°30′
41°30′
41°30′
41°00′
W. Longitude
74°00′
72°00′
72°00′
69°30′
69°30′
70°00′
70°00′
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Proposed Rules
SNE/MA YELLOWTAIL FLOUNDER
STOCK AREA—Continued
Point
N. Latitude
SNEMA8 ..........
SNEMA9 ..........
SNEMA10 ........
SNEMA11 ........
SNEMA12 ........
SNEMA13 ........
SNEMA14 ........
SNEMA15 ........
SNEMA16 ........
1 South-facing
41°00′
41°00′
41°30′
(1)
(2)
(3)
40°30′
40°30′
40°00′
WITCH FLOUNDER STOCK AREA—
Continued
W. Longitude
70°30′
70°30′
70°30′
72°00′
72°00′
73°00′
73°00′
74°00′
74°00′
WF10
WF11
WF12
WF13
WF14
WF15
WF16
WF17
WF18
shoreline of CT.
2 North-facing shoreline of Long Island, NY.
3 South-facing shoreline of Long Island, NY.
(F) SNE/MA winter flounder stock
area. The SNE winter flounder stock
area, for the purposes of the Regular B
DAS Program, identifying stock areas for
trip limits specified in § 648.86, and
determining areas applicable to Sector
allocations of ACE pursuant to
§ 648.87(b), is the area defined by
straight lines connecting the following
points in the order stated:
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Point
N. Latitude
...............
...............
...............
...............
...............
...............
...............
...............
...............
42°00′
42°00′
40°30′
40°30′
39°50′
39°50′
(2)
(3)
(4)
W. Longitude
65°50′
65°40′
65°40′
66°40′
66°40′
70°00′
70°00′
70°00′
70°00′
1 Intersection of south-facing ME coastline
and 67°00′ W. long.
2 Intersection of south-facing coastline of
Nantucket, MA, and 70°00′ W. long.
3 Intersection of north-facing coastline of
Nantucket, MA, and 70°00′ W. long.
4 Intersection of south-facing coastline of
Cape Cod, MA, and 70°00′ W. long.
(H) GB yellowtail flounder stock area.
The GB yellowtail flounder stock area,
for the purposes of the Regular B DAS
Program, identifying stock areas for trip
limits specified in § 648.86, and
determining areas applicable to Sector
allocations of ACE pursuant to
SOUTHERN NEW ENGLAND/MID-ATLAN- § 648.87(b), is the area defined as the
TIC WINTER FLOUNDER STOCK AREA
U.S./Canada Management Areas, as
specified in paragraphs (a)(1)(i) and (ii)
W. Lonof this section.
Point
N. Latitude
gitude
(I) GB winter flounder stock area. The
GB winter flounder stock area, for the
SNEW1 ............ (1)
70°00′
purposes of the Regular B DAS Program,
SNEW2 ............ 42°20′
70°00′
SNEW3 ............ 42°20′
68°50′
identifying stock areas for trip limits
SNEW4 ............ 39°50′
68°50′
specified in § 648.86, and determining
SNEW5 ............ 39°50′
71°40′
areas applicable to Sector allocations of
SNEW6 ............ 39°00′
71°40′
ACE pursuant to § 648.87(b), is the area
SNEW7 ............ 39°00′
70°00′
defined as the U.S./Canada Management
SNEW8 ............ 35°00′
70°00′
Areas, as specified in paragraphs
SNEW9 ............ 35°00′
(2)
(a)(1)(i) and (ii) of this section.
1 Intersection of the north-facing Coastline of
(J) White hake stock area. The white
Cape Cod, MA, and 70°00′ W. long.
hake stock area, for the purposes of the
2 The intersection of the east-facing coastRegular B DAS Program, identifying
line of Outer Banks, NC, and 35°00′ N. lat.
stock areas for trip limits specified in
(G) Witch flounder stock area. The
§ 648.86, and determining areas
witch flounder stock area, for the
applicable to Sector allocations of ACE
purposes of the Regular B DAS Program,
pursuant to § 648.87(b), is the area
identifying stock areas for trip limits
bounded on the north and west by the
specified in § 648.86, and determining
coastline of the United States, bounded
areas applicable to Sector allocations of
on the south and east by a line running
ACE pursuant to § 648.87(b), is the area
east from the intersection of the eastdefined by straight lines connecting the
facing coastline of Outer Banks, NC, at
following points in the order stated:
35°00′ N. lat. to the boundary of the
EEZ, and running northward to the U.S.WITCH FLOUNDER STOCK AREA
Canada border.
(K) Pollock stock area. The pollock
W. LonPoint
N. Latitude
stock area, for the purposes of the
gitude
Regular B DAS Program, identifying
WF1 ................. (1)
67°00′
stock areas for trip limits specified in
WF2 ................. 44°20′
67°00′
§ 648.86, and determining areas
WF3 ................. 44°20′
66°50′
applicable to Sector allocations of ACE
WF4 ................. 43°50′
66°50′
pursuant to § 648.87(b), is the area
WF5 ................. 43°50′
67°40′
bounded on the north by the coastline
WF6 ................. 42°20′
67°40′
of the United States, bounded on the
WF7 ................. 42°20′
66°00′
east by the boundary of the EEZ running
WF8 ................. 42°10′
66°00′
WF9 ................. 42°10′
65°50′
southward from the U.S.-Canada border
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15:07 Dec 30, 2009
Jkt 220001
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69445
to its intersection with 39°00′ N. lat.,
bounded on the south by 39°00′ N. lat.,
and bounded on the west by a line
running northward along 71°40′ W.
long. from its intersection with 39°00′
N. lat. until it intersects with the southfacing shoreline of RI.
*
*
*
*
*
(7) CA I Hook Gear Haddock SAP—
(i) Eligibility. A vessel issued a valid
limited access NE multispecies permit
operating under a NE multispecies DAS
or on a Sector trip, provided the Sector
to which the vessel belongs has been
allocated ACE for all stocks caught
within the CA I Hook Gear Haddock
Access Area pursuant to
§ 648.87(b)(1)(i), is eligible to participate
in the CA I Hook Gear Haddock SAP
and may fish in the CA I Hook Gear
Haddock Access Area, as described in
paragraph (b)(7)(ii) of this section, for
the season specified in paragraph
(b)(7)(iii) of this section, provided any
such vessel complies with the
requirements of this section, the SAP is
not closed according to the provisions
specified in paragraph (b)(7)(iv)(H) or
(b)(7)(vi)(F) of this section, or the Sector
in which the vessel is participating no
longer has ACE available for all stocks
caught within the CA I Hook Gear
Haddock Access Area pursuant to
§ 648.87(b)(1)(i). Copies of a chart
depicting this area are available from
the Regional Administrator upon
request.
(ii) CA I Hook Gear Haddock SAP
Area. The CA I Hook Gear Haddock SAP
Area is the area defined by straight lines
connecting the following points in the
order stated:
CA I HOOK GEAR HADDOCK SAP
AREA
Point
Hook 1 .............
CI4 ...................
CI1 ...................
Hook 2 .............
N. Latitude
41°09′
41°30′
41°30′
41°04′
W. Longitude
68°30′
68°30′
69°23′
69°01.1′
(iii) Season. The season for the CA I
Hook Gear Haddock SAP is May 1
through January 31.
(iv) General program restrictions.
General program restrictions specified
in this paragraph (b)(7)(iv) apply to all
eligible vessels, as specified in
paragraph (b)(7)(i) of this section.
Further program restrictions specific to
Sector and common pool vessels are
specified in paragraphs (b)(7)(v) and (vi)
of this section, respectively.
(A) DAS use restrictions. A vessel
fishing in the Closed Area I Hook Gear
Haddock SAP under a NE multispecies
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DAS may not initiate a DAS flip. A
vessel is prohibited from fishing in the
Closed Area I Hook Gear Haddock SAP
while making a trip under the Regular
B DAS Program described in paragraph
(b)(6) of this section. DAS will be
charged as described in § 648.10.
(B) VMS requirement. An eligible NE
multispecies vessel fishing in the CA I
Hook Gear Haddock SAP specified in
this paragraph (b)(7) must have installed
on board an operational VMS unit that
meets the minimum performance
criteria specified in §§ 648.9 and 648.10.
(C) Observer notifications. For the
purpose of selecting vessels for observer
deployment, a vessel must provide
notice to NMFS of the vessel name;
contact name for coordination of
observer deployment; telephone number
for contact; and date, time, and port of
departure at least 48 hr prior to the
beginning of any trip that it declares
into the CA I Hook Gear Haddock SAP,
as required in paragraph (b)(7)(iv)(C) of
this section, and in accordance with
instructions provided by the Regional
Administrator.
(D) VMS declaration. To fish in the
CA I Hook Gear Haddock SAP Prior to
departure from port, a vessel must
declare into the SAP via VMS, and, for
a vessel fishing under a NE multispecies
DAS, indicate the type of DAS that it
intends to fish, prior to departure from
port, as instructed by the Regional
Administrator. A vessel declared into
the CA I Hook Gear Haddock SAP may
fish only in the CA I Hook Gear
Haddock Special Access Area described
in paragraph (b)(7)(ii) of this section on
a declared trip.
(E) Gear restrictions. A vessel
declared into and fishing in the CA I
Hook Gear Haddock SAP may fish with
and possess on board demersal longline
gear or tub trawl gear only, unless
further restricted as specified in
paragraph (b)(7)(v)(A) of this section.
Such vessels are prohibited from using
as bait, or possessing on board, squid or
mackerel during a trip into the CA I
Hook Gear Haddock SAP.
(F) Haddock TAC. The maximum
total amount of haddock that may be
caught (landings and discards) in the
CA I Hook Gear Haddock 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: Biomass YEAR X= (1,130 mt
live weight) × (Projected WGB Haddock
Exploitable Biomass YEAR X/WGB
Haddock Exploitable Biomass 2004).
The size of the western component of
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
the stock is considered to be 35 percent
of the total stock size, unless modified
by a stock assessment. The Regional
Administrator shall specify the haddock
TAC for the SAP, in a manner consistent
with the Administrative Procedure Act.
(G) Trip restrictions. A vessel is
prohibited from deploying fishing gear
outside of the CA I Hook Gear Haddock
SAP Area on the same fishing trip on
which it is declared into the CA I Hook
Gear Haddock SAP. A vessel operating
under a NE multispecies DAS must end
the trip if the vessel exceeds the
applicable landing limits described in
paragraphs (b)(7)(v)(B) and (b)(7)(vi)(C)
of this section.
(H) Landing limits. For all vessels
legally declared into the CA I Hook Gear
Haddock SAP described in paragraph
(b)(7)(i) of this section, landing limits
for NE multispecies are specified in
paragraphs (b)(7)(v)(B) and (b)(7)(vi)(C)
of this section, respectively. Unless
otherwise specified in this part, such
vessels are prohibited from discarding
legal-sized regulated species and ocean
pout, and must exit the SAP and cease
fishing if any trip limit is achieved or
exceeded.
(I) Mandatory closure of CA I Hook
Gear Haddock Access Area. When the
Regional Administrator determines that
the haddock TAC specified in paragraph
(b)(7)(iv)(F) of this section has been
caught, NMFS shall close, in a manner
consistent with the Administrative
Procedure Act, the CA I Hook Gear
Haddock SAP Area as specified in
paragraph (b)(7)(ii) of this section, to all
eligible vessels, including both common
pool and Sector vessels.
(v) Sector vessel program restrictions.
In addition to the general program
restrictions specified in paragraph
(b)(7)(iv) of this section, a Sector vessel
declared into the CA I Hook Gear
Haddock SAP is also required to comply
with the restrictions specified in this
paragraph (b)(7)(v).
(A) Gear restrictions. A Sector vessel
is subject to the gear requirements of the
Sector Operations Plan as approved
under § 648.87(c) and those specified
under paragraph (b)(7)(iv)(E) of this
section.
(B) Landing limits. A Sector vessel
declared into the CA I Hook Gear
Haddock SAP described in paragraph
(b)(7)(i) of this section is subject to the
landing limits for regulated species in
effect under the Sector’s Operations
Plan, as approved under § 648.87(c).
(C) Reporting requirements. The
owner or operator of a Sector vessel
declared into the CA I Hook Gear
Haddock SAP must submit reports to
the Sector Manager, consistent with
instructions to be provided by the
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Sector Manager, for each day fished in
the CA 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,
pollock, ocean pout, Atlantic halibut,
Atlantic wolffish, and white hake kept;
total pounds of haddock, cod, yellowtail
flounder, winter flounder, witch
flounder, pollock, ocean pout, Atlantic
halibut, Atlantic wolffish, and white
hake discarded; date fish were caught;
and VTR serial numbers for each trip
declared into the CA I Hook Gear
Haddock SAP, as instructed by the
Regional Administrator. Daily reporting
must continue even if the vessel
operator is required to exit the SAP as
required under paragraph (b)(7)(iv)(G) or
(H) of this section.
(D) Incidental catch TACs. There are
no incidental catch TACs specified for
regulated species or ocean pout for
Sector vessels declared into the CA I
Hook Gear Haddock SAP. All regulated
species or ocean pout caught by Sector
vessels fishing in the SAP count toward
the Sector’s annual ACE for each stock,
as specified in § 648.87(b)(1)(i).
(vi) Common pool vessel program
restrictions. In addition to the general
program restrictions specified in
paragraph (b)(7)(iv) of this section, a
common pool vessel declared into the
CA I Hook Gear Haddock SAP is also
required to comply with the restrictions
specified in this paragraph (b)(7)(vi).
(A) DAS use restrictions. A common
pool vessel may only use Regular B or
Reserve B DAS, in accordance with
§ 648.82(d)(2)(i)(A) and (d)(2)(ii)(A). A
common pool vessel is prohibited from
using Category A DAS and may not
initiate a DAS flip when declared into
the SAP. A common pool vessel is
prohibited from fishing in the CA I
Hook Gear Haddock SAP while making
a trip under the Regular B DAS Program
described under paragraph (b)(6) of this
section. DAS will be charged as
described in § 648.10.
(B) Gear restrictions. A common pool
vessel is exempt from the maximum
number of hooks restriction specified in
§ 648.80(a)(4)(v), but must comply with
the gear restrictions in paragraph
(b)(7)(iv)(E) of this section.
(C) Landing limits. A common pool
vessel may not land, fish for, or possess
on board more than 1,000 lb (453.6 kg)
of cod per trip. A common pool vessel
is not permitted to discard legal-sized
cod prior to reaching the landing limit,
and is required to end its trip if the cod
trip limit is achieved or exceeded.
(D) Reporting requirements. The
owner or operator of a common pool
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vessel 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 2359
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: VTR serial number or other
universal ID specified by the Regional
Administrator; date fish were caught;
and the total pounds of cod, haddock,
yellowtail flounder, winter flounder,
witch flounder, pollock, American
plaice, redfish, ocean pout, Atlantic
halibut, Atlantic wolffish, and white
hake kept in each broad stock area (in
pounds, live weight), specified in
§ 648.10(k)(3), as instructed by the
Regional Administrator. Daily reporting
must continue even if the vessel
operator is required to exit the SAP as
required under paragraph (b)(7)(iv)(G) of
this section.
(E) Incidental catch TACs. The
maximum amount of GB cod and
pollock (landings and discards) that
may be cumulatively caught by a
common pool vessel from the CA I Hook
Gear Haddock SAP Area in a fishing
year is the amount specified in
paragraph (b)(5)(ii) of this section.
(F) Mandatory closure of CA I Hook
Gear Haddock Access Area due to catch
of any incidental catch TAC. When the
Regional Administrator determines that
either the GB cod or pollock incidental
catch TAC specified in paragraph
(b)(7)(vi)(E) of this section has been
caught, the CA I Hook Gear Haddock
SAP Area shall be closed to all common
pool vessels in a manner consistent with
the Administrative Procedure Act.
(8) * * *
(i) Eligibility. A vessel issued a valid
limited access NE multispecies permit
and fishing with trawl gear as specified
in paragraph (b)(8)(v)(E) of this section
while operating under a NE
multispecies DAS or on a Sector trip,
provided the Sector to which the vessel
belongs has been allocated ACE for all
stocks caught within the Eastern U.S./
Canada Area pursuant to
§ 648.87(b)(1)(i), is eligible to participate
in the Eastern U.S./Canada Haddock
SAP and may fish in the Eastern U.S./
Canada Haddock SAP Area, as
described in paragraph (b)(8)(ii) of this
section, during the season specified in
paragraph (b)(8)(iv) of this section,
provided such vessel complies with the
requirements of this section and
provided the SAP is not closed
according to the provisions specified in
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paragraph (b)(8)(v)(K) or (L) of this
section, the Eastern U.S./Canada Area is
not closed as described under paragraph
(a)(3)(iv)(E) of this section, or the Sector
to which the vessel belongs no longer
has ACE available for all stocks caught
within the Eastern U.S./Canada Area
pursuant to § 648.87(b)(1)(i).
*
*
*
*
*
(v) * * *
(A) Area and DAS use restrictions. A
common pool vessel fishing under a NE
multispecies DAS in the Eastern U.S./
Canada Haddock SAP may elect to fish
under a Category A or Category B DAS
in accordance with § 648.82(d)(2), or in
multiple areas in accordance with the
restrictions of this paragraph
(b)(8)(v)(A). A vessel on a Sector trip in
the Eastern U.S./Canada Haddock SAP
may elect to fish in multiple areas in
accordance with the restrictions of this
paragraph (b)(8)(v)(A).
*
*
*
*
*
(2) A vessel that is declared into the
Eastern U.S./Canada Haddock SAP
described in paragraph (b)(8)(i) of this
section may fish, on the same trip, in
the Eastern U.S./Canada Haddock SAP
Area and in the Closed Area II
Yellowtail Flounder/Haddock SAP
Area, as described in paragraph (b)(3)(ii)
of this section, and, for common pool
vessels fishing a NE multispecies DAS,
while under either a Category A DAS or
a Category B DAS.
(3) A vessel may choose, on the same
trip, to fish in either/both the Eastern
U.S./Canada Haddock SAP Program and
the Closed Area II Yellowtail Flounder/
Haddock SAP Area, and in the portion
of the Eastern U.S./Canada Area
described in paragraph (a)(1)(ii) of this
section that lies outside of these two
SAPs, provided a common pool vessel
fishes under a Category A DAS and all
eligible vessels comply with the VMS
restrictions of paragraph (b)(8)(v)(D) of
this section. Such a vessel may also
elect to fish outside of the Eastern U.S./
Canada Area on the same trip, in
accordance with the restrictions of
paragraph (a)(3)(ii)(A) of this section.
(4) A common pool vessel fishing
under a NE multispecies DAS that elects
to fish in multiple areas, as described in
this paragraph (b)(8)(v)(A), must fish
under the most restrictive DAS counting
requirements specified in § 648.10(e)(5),
trip limits, and reporting requirements
of the areas fished for the entire trip. A
vessel on a Sector trip that elects to fish
in multiple areas, as described in this
paragraph (b)(8)(v)(A), must comply
with the most restrictive reporting
requirements of the areas fished for the
entire trip, unless otherwise specified
by the Regional Administrator in a
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69447
manner consistent with the
Administrative Procedure Act.
(B) VMS requirement. A vessel issued
a limited access NE multispecies permit
fishing in the Eastern U.S./Canada
Haddock SAP Program specified in
paragraph (b)(8)(i) of this section must
have installed on board an operational
VMS unit that meets the minimum
performance criteria specified in
§§ 648.9 and 648.10.
*
*
*
*
*
(D) VMS declaration. To fish in the
Eastern U.S./Canada Haddock SAP, a
vessel issued a limited access NE
multispecies permit must declare into
the SAP via VMS and provide
information on the areas within the
Eastern U.S./Canada Area that it intends
to fish and the type of DAS (Category A,
Regular B, or Reserve B) that it intends
to fish, if operating under the provisions
of the common pool, prior to departure
from port, in accordance with paragraph
(b)(8)(v)(A) of this section and any
instructions provided by the Regional
Administrator.
(E) * * *
(1) A vessel issued a limited access
NE multispecies permit fishing in the
Eastern U.S./Canada Haddock SAP must
use the haddock separator trawl or the
Ruhle Trawl, as described in paragraphs
(a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this
section, respectively, or another type of
gear, if approved as described in this
paragraph (b)(8)(v)(E). Other gear may
be on board the vessel when on a trip
in the Eastern U.S./Canada Haddock
SAP, provided that the gear is stowed in
accordance with § 648.23(b).
*
*
*
*
*
(3) Mesh size. A vessel eligible to fish
in the Eastern U.S./Canada Haddock
SAP pursuant to paragraph (b)(8) of this
section must use trawl gear described in
this paragraph (b)(8)(v)(E) with a
minimum codend mesh size of 6-inch
(15.24-cm) square or diamond mesh.
(F) Landing limits. Unless otherwise
restricted under this part, a vessel
fishing any portion of a trip in the
Eastern U.S./Canada Haddock SAP
under a NE multispecies DAS may not
fish for, possess, or land more than
1,000 lb (453.6 kg) of cod, per trip,
regardless of trip length. A common
pool vessel fishing in the Eastern U.S./
Canada Haddock SAP under a NE
multispecies DAS is subject to the
haddock requirements described in
§ 648.86(a), unless further restricted
under paragraph (a)(3)(iv) of this
section. A common pool vessel fishing
in the Eastern U.S./Canada Haddock
SAP may not land more than 100 lb
(45.5 kg) per DAS, or any part of a DAS,
of GB yellowtail flounder and 100 lb
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(45.5 kg) of GB winter flounder, up to
a maximum of 500 lb (227 kg) of all
flatfish species, combined. Possession of
monkfish (whole weight) and skates
(whole weight) is limited to 500 lb (227
kg) each, unless otherwise restricted by
§ 648.94(b)(3), and possession of
lobsters is prohibited.
*
*
*
*
*
(H) Incidental TACs. The maximum
amount of GB cod, GB yellowtail
flounder, GB winter flounder, and
pollock, both landings and discards,
that may be caught when fishing in the
Eastern U.S./Canada Haddock SAP
Program in a fishing year by vessels
fishing under a Category B DAS, as
authorized in paragraph (b)(8)(v)(A), is
the amount specified in paragraphs
(b)(5)(ii) and (iii) of this section. All
regulated species and ocean pout caught
by a vessel on a Sector trip will be
applied against the ACE for each stock
that is specified for the Sector in which
the vessel participates.
(I) No discard provision and DAS
flips. A vessel fishing in the Eastern
U.S./Canada Haddock SAP Program
may not discard legal-sized regulated or
ocean pout unless otherwise required
due to a prohibition of the possession of
such species specified in this part. If a
common pool vessel fishing in the
Eastern U.S./Canada Haddock SAP
under a Category B DAS exceeds the
applicable maximum landing limit per
trip specified in paragraph (b)(8)(v)(F) of
this section, or in § 648.86, the vessel
operator must retain the fish and
immediately notify NMFS via VMS to
initiate a DAS flip (from a Category B
DAS to a Category A DAS). After
flipping to a Category A DAS, the vessel
is subject to all applicable landing limits
specified in § 648.85(a) or § 648.86. If a
common pool vessel fishing in this SAP
while under a Category B DAS or a
Category A DAS exceeds a trip limit
specified in paragraph (b)(8)(v)(F) of this
section or § 648.86, or other applicable
trip limit, the vessel must immediately
exit the SAP area defined in paragraph
(b)(8)(ii) of this section for the
remainder of the trip. For a common
pool vessel that notifies NMFS of a DAS
flip, the Category B DAS that have
accrued between the time the vessel
started accruing Category B DAS and the
time the vessel declared its DAS flip
will be accrued as Category A DAS
pursuant to § 648.82(e)(1), and not
Category B DAS.
*
*
*
*
*
(9) GOM Haddock Sink Gillnet Pilot
Program –(i) Eligibility. A vessel that has
been issued a valid limited access NE
multispecies permit that has also
declared its intent to participate in the
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GOM Haddock Sink Gillnet Pilot
Program pursuant to paragraph
(b)(9)(v)(B) of this section is eligible to
participate in the GOM Haddock Sink
Gillnet Pilot Program, provided any
such vessel complies with the
requirements of this paragraph (b)(9),
the pilot program is not closed
according to the provisions specified in
paragraph (b)(9)(viii) of this section,
and, for vessels on a Sector trip, the
Sector to which the vessel belongs has
been allocated ACE for all stocks caught
within the GOM Regulated Mesh Area
pursuant to § 648.87(b)(1)(i).
(ii) GOM Haddock Sink Gillnet Pilot
Program Area. The GOM Haddock Sink
Gillnet Pilot Program Area is the area
encompassed by the GOM Regulated
Mesh Area, as defined in § 648.80(a)(1).
Copies of a map depicting this area are
available from the Regional
Administrator upon request.
(iii) Gear Restrictions –(A) Mesh size.
An eligible vessel participating in the
GOM Haddock Sink Gillnet Pilot
Program may fish with and possess on
board sink gillnets comprised of 6-inch
(15.2-cm) mesh.
(B) Net restriction. A Day gillnet
vessel participating in the GOM
Haddock Sink Gillnet Pilot Program
may not fish with, possess, haul, or
deploy more than 30 sink gillnets. A
Trip gillnet vessel is not subject to the
limit on the number of nets that can be
used under the GOM Haddock Sink
Gillnet Pilot Program. Tie-down gillnets
may not be used by any vessel
participating in the GOM Haddock Sink
Gillnet Pilot Program.
(iv) Season. An eligible vessel
participating in the GOM Haddock Sink
Gillnet Pilot Program may fish in the
GOM Haddock Sink Gillnet Pilot
Program from January 1 through April
30.
(v) Program Restrictions –(A) DAS
Use. An eligible vessel participating in
the GOM Haddock Sink Gillnet Pilot
Program must use Category A DAS for
any fishing trip during the time the
vessel is participating in this program
pursuant to paragraph (b)(9)(v)(B)(1),
including trips where gear is deployed,
but no catch is landed.
(B) Observer notification –(1) Notice
of participation. To be eligible to
participate in the GOM Haddock Sink
Gillnet Pilot Program, a vessel must
notify the NMFS Observer Program by
October 1 of its intent to participate in
this pilot program and the duration of
its participation in this program, as
instructed by the Regional
Administrator. Any vessel participating
in this program must participate for the
entire season specified in paragraph
(b)(9)(iv) of this section. Upon
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notification of a vessel operator’s intent
to participate in this pilot program
pursuant to this paragraph (b)(9)(v)(B),
the Regional Administrator shall issue a
letter of authorization to participate in
this pilot program to the eligible vessel.
(2) Notice of fishing. For the purposes
of selecting vessels for observer
deployment, a vessel must provide
notice to NMFS of the vessel name;
contact name for coordination of
observer deployment; telephone number
for contact; and date, time, and port of
departure at least 48 hr prior to the
beginning of any trip that it fishes under
the provisions of the GOM Haddock
Sink Gillnet Pilot Program, as specified
in paragraph (b)(9) of this section, in
accordance with instructions provided
by the Regional Administrator.
(C) Letter of authorization
requirement. A vessel eligible to
participate in the GOM Haddock Sink
Gillnet Pilot Program must retain on
board the letter of authorization issued
by the Regional Administrator pursuant
to paragraph (b)(9)(v)(B) of this section
for the duration of the period specified
in paragraph (b)(9)(v)(B) of this section.
(vi) Reporting requirements. There are
no additional reporting requirements for
vessels participating in this pilot
program.
(vii) Duration of GOM Haddock Sink
Gillnet Pilot Program. This program is in
effect from May 1, 2010, through April
30, 2013.
(viii) Closure of the GOM Haddock
Sink Gillnet Pilot Program. The Regional
Administrator may suspend
participation in the GOM Sink Gillnet
Pilot Program to any or all eligible
vessels if the Pilot Program is
determined to be inconsistent with the
goals and objectives of the NE
Multispecies FMP.
*
*
*
*
*
(d) Incidental catch allowance for
some limited access herring vessels. The
incidental catch allowance for all
vessels that have an All Areas Limited
Access Herring Permit and/or an Areas
2 and 3 Limited Access Herring Permit
is 0.2 percent of the combined ACLs for
GOM haddock and GB haddock (U.S.
landings only) specified according to
§ 648.90(a)(4) for a particular NE
multispecies fishing year.
(e) Authorized gear performance
standards. Unless otherwise restricted
in this part, in areas and times when a
special management program, as
specified in this section, requires the
use of gear authorized by that program
to reduce catches of stocks of concern,
participating vessels are restricted to the
following trip limits: 500 lb (227 kg) of
all flatfish species (American plaice,
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witch flounder, winter flounder,
windowpane flounder, and GB
yellowtail flounder), combined; 500 lb
(227 kg) of monkfish (whole weight);
500 lb (227 kg) of skates (whole weight);
and zero possession of lobsters, unless
otherwise restricted by § 648.94(b)(3).
14. In § 648.86, revise the
introductory text to this section; revise
paragraphs (a)(1), (a)(2)(iii), (b), (e), (g),
and (j); and add paragraphs (p), and (q)
to read as follows:
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§ 648.86 Multispecies possession
restrictions.
Except as provided in § 648.17 or
elsewhere in this part, the following
possession restrictions apply:
(a) * * *
(1) NE multispecies DAS vessels—(i)
Implementation and adjustments to the
haddock trip limit to prevent exceeding
the common pool sub-ACL. At any time
prior to or during the fishing year, if the
Regional Administrator projects that the
haddock sub-ACL allocated to the
common pool vessels pursuant to
§ 648.90(a)(4) will be exceeded in that
fishing year, NMFS may implement or
adjust, in a manner consistent with the
Administrative Procedure Act, a per
DAS possession limit and/or a
maximum trip limit in order to prevent
exceeding the haddock sub-ACL
allocated to the common pool in that
fishing year.
(ii) Implementation and adjustments
to the haddock trip limit to facilitate
harvest of the haddock sub-ACL
allocated to the common pool. At any
time prior to or during the fishing year,
if the Regional Administrator projects
that less than 75 percent of the haddock
sub-ACL allocated to the common pool
pursuant to § 648.90(a)(4) for that
fishing year will be harvested, NMFS
may remove or adjust, in a manner
consistent with the Administrative
Procedure Act, a per DAS possession
limit and/or a maximum trip limit in
order to facilitate a haddock harvest and
enable the total catch to approach, but
not exceed, the haddock sub-ACL
allocated to the common pool for that
fishing year.
(2) * * *
(iii) Unless otherwise authorized by
the Regional Administrator as specified
in paragraph (f) of this section, scallop
dredge vessels or persons owning or
operating a scallop dredge vessel that is
fishing under a scallop DAS allocated
under § 648.53 may land or possess on
board up to 300 lb (136.1 kg) of
haddock, except as specified in
§ 648.88(c), provided that the vessel has
at least one standard tote on board. This
restriction does not apply to vessels also
issued limited access NE multispecies
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permits that are fishing under a
multispecies DAS. Haddock on board a
vessel subject to this possession limit
must be separated from other species of
fish and stored so as to be readily
available for inspection.
*
*
*
*
*
(b) Cod —(1) GOM cod landing limit.
Except as provided in paragraph (b)(4)
of this section, or unless otherwise
restricted under § 648.85, a vessel
fishing under a NE multispecies DAS
permit, including a vessel issued a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions, may land up to
2,000 lb (907.2 kg) of cod for each DAS,
or part of a DAS, up to 12,000 lb (5443.2
kg) per trip. Cod on board a vessel
subject to this landing limit must be
separated from other species of fish and
stored so as to be readily available for
inspection.
(2) GB cod landing and maximum
possession limits. Unless otherwise
restricted under § 648.85, a vessel
fishing under a NE multispecies DAS
permit, including a vessel issued a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions, may land up to
2,000 lb (907.2 kg) of cod per DAS, or
part of a DAS, up to 20,000 lb (9,072 kg)
provided it complies with the
requirements specified in paragraph
(b)(4) of this section and this paragraph
(b)(2). Cod on board a vessel subject to
this landing limit must be separated
from other species of fish and stored so
as to be readily available for inspection.
(3) [Reserved]
(4) Exemption. A common pool vessel
fishing under a NE multispecies DAS is
exempt from the landing limit described
in paragraph (b)(1) of this section when
fishing south of the GOM Regulated
Mesh Area, defined in § 648.80(a)(1),
provided that it complies with the
requirement of this paragraph (b)(4).
(i) Declaration. With the exception of
a vessel declared into the U.S./Canada
Management Area, as described in
§ 648.85(a)(3)(ii), a common pool vessel
that fishes or intends to fish under a NE
multispecies DAS south of the line
described in paragraph (b)(4) of this
section, under the cod trip limits
described in paragraph (b)(2) of this
section, must, prior to leaving port,
declare its intention to do so through
the VMS, in accordance with
instructions to be provided by the
Regional Administrator. In lieu of a
VMS declaration, the Regional
Administrator may authorize such
vessels to obtain a letter of
authorization. If a letter of authorization
is required, such vessel may not fish
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69449
north of the exemption area for a
minimum of 7 consecutive days (when
fishing under the multispecies DAS
program), and must carry the letter of
authorization on board.
(ii) A common pool vessel exempt
from the GOM cod landing limit
pursuant to paragraph (b)(4)(i) of this
section may not fish north of the line
specified in paragraph (b)(4) of this
section for the duration of the trip, but
may transit the GOM Regulated Mesh
Area, provided that its gear is stowed in
accordance with the provisions of
§ 648.23(b). A vessel fishing north and
south of the line on the same trip is
subject to the most restrictive applicable
cod trip limit.
*
*
*
*
*
(e) White hake. Unless otherwise
restricted under this part, a common
pool vessel fishing under a NE
multispecies DAS, 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 is not restricted in the
amount of white hake the vessel may
land per trip during fishing years 2010
and 2011. Starting in fishing year 2012,
unless otherwise restricted under this
part, a common pool vessel fishing
under a NE multispecies DAS, a limited
access Handgear A permit, an open
access Handgear B permit, or a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions may land up to
500 lb (226.8 kg) of white hake per DAS,
or any part of a DAS, up to 2,000 lb
(907.2 kg) per trip.
*
*
*
*
*
(g) Yellowtail flounder —(1) CC/GOM
and SNE/MA yellowtail flounder
landing limit. Unless otherwise
restricted under this part, a common
pool vessel fishing under a NE
multispecies DAS, a limited access
Handgear A permit, an open access
Handgear B permit, or a monkfish
limited access permit and fishing under
the monkfish Category C or D permit
provisions, and fishing exclusively
outside of the U.S./Canada Management
Area, as defined in § 648.85(a)(1), may
land or possess on board up to 250 lb
(113.6 kg) of yellowtail flounder per
DAS, or any part of a DAS, up to a
maximum possession limit of 1,500 lb
(680.4 kg) per trip. A vessel fishing
outside and inside of the U.S./Canada
Management Area on the same trip is
subject to the more restrictive yellowtail
flounder trip limit (i.e., that specified by
this paragraph (g) or
§ 648.85(a)(3)(iv)(C)).
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(2) GB yellowtail flounder landing
limit. Unless otherwise restricted under
this part, a common pool vessel fishing
under a NE multispecies DAS, a limited
access Handgear A permit, an open
access Handgear B permit, or a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions, and fishing in
the U.S./Canada Management Area
defined in § 648.85(a)(1) is subject to the
GB yellowtail flounder limit described
in paragraph § 648.85(a)(3)(iv)(c).
*
*
*
*
*
(j) GB winter flounder. Unless
otherwise restricted under this part, a
common pool vessel fishing under a NE
multispecies DAS, a limited access
Handgear A permit, an open access
Handgear B permit, or a monkfish
limited access permit and fishing under
the monkfish Category C or D permit
provisions and fishing in the U.S./
Canada Management Area defined in
§ 648.85(a)(1) is not restricted in the
amount of GB winter flounder the vessel
may land per trip.
*
*
*
*
*
(p) Ocean pout, winter flounder, SNE/
MA winter flounder, and Atlantic
wolffish. A vessel issued a limited
access NE multispecies permit, an open
access NE multispecies Handgear B
permit, or a limited access monkfish
permit and fishing under the monkfish
Category C or D permit provisions may
not fish for, possess, or land ocean pout,
windowpane flounder, or Atlantic
wolffish. In addition, such vessels may
not fish for, possess, or land winter
flounder caught in or from the SNE/MA
winter flounder stock area, as defined in
§ 648.85(b)(6)(v)(F). Vessels may transit
this area with GOM or GB winter
flounder on board the vessel, provided
that gear is stowed in accordance with
the provisions of § 648.23(b).
(q) Additional possession
restrictions—(1) Daily landing
restriction. A vessel issued a limited
access NE multispecies permit, an open
access NE multispecies Handgear B
permit, or a limited access monkfish
permit and fishing under the monkfish
Category C or D permit provisions may
only land regulated species or ocean
pout once in any 24-hr period. For
example, a vessel that starts a trip at 6
a.m. may call out of the DAS program
at 11 a.m. and land up to 2,000 lb (907.2
kg) of GOM cod, but the vessel cannot
land any more cod on a subsequent trip
until at least 6 a.m. on the following
day.
(2) Possession limits for vessels
fishing in multiple areas. If a vessel
fishes in more than one stock area on
the same trip, as defined in
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15:07 Dec 30, 2009
Jkt 220001
§ 648.85(b)(6)(v) or § 648.87(b)(1)(ii), the
most restrictive trip limit for a species
applies for the entire trip.
15. Revise § 648.87 to read as follows:
§ 648.87
Sector allocation.
(a) Procedure for approving/
implementing a Sector allocation
proposal. (1) Any person may submit a
Sector allocation proposal for a group of
limited access NE multispecies vessels
to the Council and request that the
Sector be implemented through either a
biennial adjustment or framework
adjustment, as specified in
§ 648.90(a)(2), as long as it is submitted
at least 1 year prior to the date the
Sector wants to begin operations in
accordance with the conditions and
restrictions of this section. The Sector
allocation proposal must contain an
appropriate analysis that assesses the
impact of the proposed Sector, in
compliance with the National
Environmental Policy Act.
(2) Upon receipt of a Sector allocation
proposal, the Council must decide
whether to initiate a management action
to implement the Sector proposal.
Should a biennial adjustment or
framework adjustment to authorize a
Sector allocation proposal be initiated,
the Council will follow the framework
adjustment provisions of § 648.90(a)(2).
Any biennial adjustment or framework
adjustment developed to implement a
Sector allocation proposal must be in
compliance with the general
requirements specified in paragraphs (b)
and (c) of this section.
(3) Eligibility. Any valid limited
access NE multispecies permit,
including a Handgear A permit and
those permits held in confirmation of
permit history pursuant to
§ 648.4(a)(1)(i)(J) as of May 1, 2008, is
eligible to join a NE multispecies Sector,
provided the permit complies with the
restrictions specified in this section.
Any valid limited access Category A or
B monkfish permit may be eligible to
join a NE multispecies Sector, as
described in this section, pursuant to
any measures adopted by a future
revision to the Monkfish FMP by both
the New England and Mid-Atlantic
Fishery Management Councils. Vessels
that do not join a Sector remain subject
to the NE multispecies regulations for
common pool vessels.
(4) Minimum size. To be authorized to
operate as a Sector under this section,
a Sector must be comprised of at least
three NE multispecies permits issued to
at least three different persons, none of
whom have any common ownership
interests in the permits, vessels, or
businesses associated with the permits
issued the other two or more persons in
PO 00000
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Fmt 4701
Sfmt 4702
that Sector. Having an ownership
interest in a permit includes, but is not
limited to, persons or entities who are
shareholders, officers, or partners in a
corporation owning a permit; who are
partners (general or limited) to a permit
owner; who, in any way, partly own a
permit; or who derive any financial
benefit, or exercise any control over,
another permit. As long as at least three
persons issued a NE multispecies permit
meet these requirements, permit owners
may have common ownership interests
in other permits, vessels, or businesses
associated with such permits.
(b) General requirements applicable to
all approved Sectors. (1) All Sectors
approved under the provisions of
paragraph (a) of this section must
submit the documents specified in
paragraphs (a)(1), (b)(2), and (b)(3) of
this section, and comply with the
conditions and restrictions of this
paragraph (b)(1).
(i) TAC allocation—(A) Allocated
stocks. Each Sector shall be allocated a
TAC in the form of an ACE for each NE
multispecies stock with the exception of
Atlantic halibut, SNE/MA winter
flounder, ocean pout, windowpane
flounder (both the GOM/GB and the
SNE/MA stocks), and Atlantic wolffish
based upon the cumulative PSCs of
vessels participating in each Sector
during a particular fishing year, as
described in paragraph (b)(1)(i)(E) of
this section. In the event that a future
allocation of SNE/MA winter flounder
can be made available pursuant to the
biennial adjustment or framework
process specified in § 648.90(a)(2), an
ACE for this stock will be specified
pursuant to paragraph (b)(1)(i)(E)(1) of
this section.
(B) Eastern GB stocks. Each Sector
allocated ACE for stocks managed under
the terms of the U.S./Canada Resource
Sharing Understanding in the Eastern
U.S./Canada Area, as specified in
§ 648.85(a), shall be allocated a specific
portion of the ACE for such stocks that
can only be harvested from the Eastern
U.S./Canada Area, as specified in
§ 648.85(a)(1). The ACE specified for the
Eastern U.S./Canada Area portions of
these stocks shall be proportional to the
Sector’s allocation of the overall ACL
available to all vessels issued a limited
access NE multispecies permit for these
stocks pursuant to § 648.90(a)(4). For
example, if a Sector is allocated 10
percent of the GB cod ACL available to
all vessels issued a limited access NE
multispecies permit, that Sector would
also be allocated and may harvest 10
percent of that ACE from the Eastern
U.S./Canada Area. In this example, if
the overall GB cod ACL available to all
vessels issued a limited access NE
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multispecies permit is 1,000 mt, of
which 100 mt is specified to the Eastern
U.S./Canada Area, the Sector would be
allocated 100 mt of GB cod, of which no
more than 10 mt could be harvested
from the Eastern U.S./Canada Area and
no more than 90 mt could be harvested
from the rest of the GB cod stock area.
(C) Carry-over. With the exception of
GB yellowtail flounder, a Sector may
carry over up to 10 percent of unused
ACE for each stock into the following
fishing year. Any unused ACE allocated
for Eastern GB stocks pursuant to
paragraph (b)(1)(i)(B) of this section will
contribute to the 10-percent carry-over
allowance for each stock, as specified in
this paragraph (b)(1)(i)(C), but will not
increase an individual Sector’s
allocation of Eastern GB stocks during
the following year. This carry-over ACE
remains effective during the subsequent
fishing year even if vessels that
contributed to the Sector allocation
during the previous fishing year are no
longer participating in the same Sector
for the subsequent fishing year.
(D) Maximum ACE allocation. There
is no maximum amount of ACE that can
be allocated to a particular Sector
during each fishing year.
(E) Potential sector contribution
(PSC). For the purposes of allocating a
share of the available ACL for each NE
multispecies stock to approved Sectors
pursuant to § 648.90(a)(4), the landings
history of all limited access NE
multispecies permits shall be evaluated
to determine each permit’s share of the
overall landings for each NE
multispecies stock as specified in
paragraphs (b)(1)(i)(E)(1) and (2) of this
section. When calculating an individual
permit’s share of the overall landings for
a particular regulated species or ocean
pout stock, landed weight shall be
converted to live weight to maintain
consistency with the way ACLs are
calculated pursuant to § 648.90(a)(4)
and the way ACEs are allocated to
Sectors pursuant to this paragraph
(b)(1)(i). The PSC calculated pursuant to
this paragraph (b)(1)(i)(E) shall remain
with the permit indefinitely, but may be
permanently reduced or eliminated due
to a permit sanction or other
enforcement action.
(1) Calculation of PSC for all NE
multispecies stocks except GB cod.
Unless otherwise specified in paragraph
(b)(1)(i)(E)(2) of this section, for each
valid limited access NE multispecies
permit, including limited access NE
multispecies Handgear A permits,
dealer landings of each stock of NE
multispecies caught while operating
under the restrictions associated with a
limited access NE multispecies permit,
including regulated species or ocean
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Jkt 220001
pout caught under a NE multispecies
DAS when participating in the skate or
monkfish fisheries, that are available in
the commercial dealer database to
NMFS shall be summed for fishing years
1996 through 2006. This value shall
then be divided by the total landings of
each NE multispecies stock during the
same period by all permits eligible to
join Sectors as of May 1, 2008. This
produces an individual permit’s share of
the ACL for each regulated species or
ocean pout stock available to the NE
multispecies fishery. The landings
history for each permit includes all
landings that can be attributed to that
permit pursuant to this paragraph
(b)(1)(i)(E). For limited access NE
multispecies Handgear A permits, this
includes landings by the permitted
vessel during fishing years 1996 through
2003 before the adoption of the limited
access Handgear A permit category in
2004.
(2) Calculation of GB cod PSC. The
GB cod PSC shall be calculated as
specified in this paragraph (b)(1)(i)(E)(2)
and shall remain with the permit
indefinitely regardless whether the
vessel participates in either the GB Cod
Hook Gear Sector or the GB Cod Fixed
Gear Sector, as defined in § 648.87(d)(1)
or (2), joins a new Sector, or fishes
pursuant to the provisions of the
common pool.
(i) GB cod PSC for permits committed
to participate in the GB Cod Hook Gear
Sector or GB Cod Fixed Gear Sector. For
each valid NE multispecies permit that
committed to participate in either the
GB Cod Hook Gear Sector or the GB Cod
Fixed Gear Sector as evidenced by a
valid signature executed on or before
March 1, 2008, on a preliminary roster
for either of these Sectors, the PSC for
GB cod shall be based upon the sum of
dealer landings of GB cod for fishing
years 1996 through 2001, divided by the
total landings of GB cod by permits
eligible to join Sectors as of May 1,
2008, during that period. The PSC for all
other regulated species or ocean pout
stocks specified for these permits shall
be calculated pursuant to paragraph
(b)(1)(i)(E)(1) of this section.
(ii) GB cod PSC for all other permits.
For all NE multispecies permits that
have not committed to participate in
either the GB Cod Hook Gear Sector or
GB Cod Fixed Gear Sector, as specified
in paragraph (o)(2)(i) of this section, the
GB cod PSC shall be based upon the GB
cod PSC available after accounting for
the GB cod PSC calculated pursuant to
paragraph (o)(2)(i) of this section. First,
each permit’s individual share of the
available GB cod PSC shall be
calculated by dividing the sum of the
individual permit’s landings of GB cod
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Fmt 4701
Sfmt 4702
69451
available in the commercial dealer
database for fishing years 1996 through
2006 by the total landings of GB cod by
permits eligible to join Sectors as of May
1, 2008, during that period, after
subtracting the total landings of GB cod
by permits that committed to participate
in either the GB Cod Hook Sector or GB
Cod Fixed Gear Sector as of March 1,
2008, during that period. This
individual share shall then multiplied
by the available GB cod PSC calculated
by subtracting the GB cod PSC allocated
pursuant to paragraph (b)(1)(i)(E)(2)(i) of
this section from one. This shall provide
each vessel’s share of the available GB
cod PSC.
(ii) Areas that can be fished. Vessels
in a Sector may only fish in a particular
stock area, as specified in paragraphs
(b)(1)(ii)(A) through (F) of this section,
and § 648.85(b)(6)(v), or the Eastern
U.S./Canada Area, as specified in
§ 648.85(a)(1), if the Sector has been
allocated, or acquires pursuant to
paragraph (b)(1)(viii) of this section,
ACE for all stocks caught in that stock
area. A Sector must project when its
ACE for each stock will be exceeded and
must ensure that all vessels in the
Sector cease fishing operations prior to
exceeding it. Once a Sector has
harvested its ACE for a stock, all vessels
in that Sector must cease fishing
operations in that stock area with gear
capable of catching NE multispecies
(i.e., gear not listed as exempted gear in
this part) unless and until it acquires
additional ACE from another Sector
pursuant to paragraph (b)(1)(viii) of this
section, or as otherwise specified in an
approved operations plan pursuant to
paragraph (b)(2)(xiv) of this section. For
the purposes of this paragraph (b)(1)(ii),
an ACE overage means catch of
regulated species or ocean pout by
vessels participating in a particular
Sector that exceed the ACE allocated to
that Sector, as of the date received or
purchased by the dealer, whichever
occurs first.
(A) CC/GOM Yellowtail Flounder
Stock Area. The CC/GOM Yellowtail
Flounder Stock Area, for the purposes of
identifying stock areas for trip limits
specified in § 648.86, and for
determining areas applicable to Sector
allocations of CC/GOM yellowtail
flounder ACE pursuant to paragraph (b)
of this section, is the area bounded by
straight lines connecting the following
points in the order stated:
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is the area bounded by straight lines
connecting the following points in the
order stated:
CC/GOM YELLOWTAIL FLOUNDER
STOCK AREA
Point
N. Latitude
CCGOM1 .........
CCGOM2 .........
CCGOM3 .........
CCGOM4 .........
CCGOM5 .........
CCGOM6 .........
CCGOM7 .........
CCGOM8 .........
CCGOM9 .........
CCGOM10 .......
CCGOM11 .......
CCGOM12 .......
CCGOM13 .......
CCGOM14 .......
(1)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
42°20′
42°20′
43°50′
43°50′
44°20′
44°20′
(3)
W. Longitude
Point
70°00′
(2)
69°50′
69°50′
69°30′
69°30′
68°50′
68°50′
67°40′
67°40′
66°50′
66°50′
67°00′
67°00′
GOMSA1 .........
GOMSA2 .........
GOMSA3 .........
GOMSA4 .........
GOMSA5 .........
GOMSA6 .........
GOMSA7 .........
GOMSA8 .........
GOMSA9 .........
GOMSA10 .......
1 Intersection of south-facing coastline of
Cape Cod, MA, and 70°00′ W. long.
2 Intersection of east-facing coastline of
Nantucket, MA, and 41°20′ N. lat.
3 Intersection of south-facing ME coastline
and 67°00′ W. long.
(B) SNE/MA Yellowtail Flounder
Stock Area. The SNE/MA Yellowtail
Flounder Stock Area, for the purposes of
identifying stock areas for trip limits
specified in § 648.86, and for
determining areas applicable to Sector
allocations of SNE/MA yellowtail
flounder ACE pursuant to paragraph (b)
of this section, is the area bounded by
straight lines connecting the following
points in the order stated:
SNE/MA YELLOWTAIL FLOUNDER
STOCK AREA
Point
N. Latitude
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SNE1 ...............
SNE2 ...............
SNE3 ...............
SNE4 ...............
SNE5 ...............
SNE6 ...............
SNE7 ...............
SNE8 ...............
SNE9 ...............
SNE10 .............
SNE11 .............
SNE12 .............
SNE13 .............
SNE14 .............
35°00′
35°00′
39°00′
39°00′
39°50′
39°50′
41°00′
41°00′
41°10′
41°10′
41°20′
(2)
(3)
(4)
W. Longitude
(1)
70°00′
70°00′
71°40′
71°40′
68°50′
68°50′
69°30′
69°30′
69°50′
69°50′
70°00′
70°00′
70°00′
1 Intersection of east-facing coastline
Outer Banks, NC, and 35°00′ N. lat.
2 Intersection of south-facing coastline
Nantucket, MA, and 70°00′ W. long.
3 Intersection of north-facing coastline
Nantucket, MA, and 70°00′ W. long.
4 Intersection of south-facing coastline
Cape Cod, MA, and 70°00′ W. long.
18:14 Dec 30, 2009
Jkt 220001
(1)
43°58′
43°50′
43°50′
(2)
42°53.1′
(2)
42°20′
42°20′
(3)
(1)
67°22′
(2)
67°40′
67°40′
67°44.4′
67°40′
67°40′
70°00′
70°00′
1 The intersection of the shoreline and the
U.S./Canada maritime boundary.
2 U.S./Canada maritime boundary.
3 North-facing shoreline of Cape Cod, MA.
(D) GB Haddock Stock Area. The GB
Haddock Stock Area, for the purposes of
identifying stock areas for trip limits
specified in § 648.86 and for
determining areas applicable to Sector
allocations of GB haddock ACE
pursuant to paragraph (b) of this section,
is the area bounded by straight lines
connecting the following points in the
order stated:
Point
GBSA1
GBSA2
GBSA3
GBSA4
GBSA5
GBSA6
GBSA7
GBSA8
N. Latitude
............
............
............
............
............
............
............
............
1 North-facing
(1)
42°20′
42°20′
40°30′
40°30′
39°50′
39°50′
(3)
W. Longitude
70°00′
70°00′
(2)
65°40′
66°40′
66°40′
71°40′
71°40′
shoreline of Cape Cod, MA.
maritime boundary.
With RI Shoreline
2 U.S./Canada
3 Intersection
(E) Redfish Stock Area. The Redfish
Stock Area, for the purposes of
identifying stock areas for trip limits
specified in § 648.86 and for
determining areas applicable to Sector
allocations of redfish ACE pursuant to
paragraph (b) of this section, is the area
bounded by straight lines connecting
the following points in the order stated:
of
Point
N. Latitude
of
of
of
(C) GOM Haddock Stock Area. The
GOM Haddock Stock Area, for the
purposes of identifying stock areas for
trip limits specified in § 648.86 and for
determining areas applicable to Sector
allocations of GOM haddock ACE
pursuant to paragraph (b) of this section
VerDate Nov<24>2008
N. Latitude
W. Longitude
RFSA1 .............
RFSA2 .............
RFSA3 .............
RFSA4 .............
RFSA5 .............
RFSA6 .............
RFSA7 .............
RFSA8 .............
RFSA9 .............
RFSA10 ...........
RFSA11 ...........
RFSA12 ...........
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(1)
43°58′
43°50′
43°50′
(2)
42°53.1′
(2)
42°20′
42°20′
40°30′
39°00′
39°00′
Fmt 4701
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W. Longitude
(1)
67°22′
67°40′
67°40′
67°40′
67°44.4′
67°40′
67°40′
(2)
65°40′
(2)
71°40′
Point
RFSA13 ...........
N. Latitude
(3)
W. Longitude
71°40′
1 The
intersection of the shoreline and the
U.S./Canada maritime boundary.
2 U.S./Canada maritime boundary.
3 Intersection with RI shoreline.
(F) GOM Winter Flounder Stock Area.
The GOM Winter Flounder Stock Area,
for the purposes of identifying stock
areas for trip limits specified in § 648.86
and for determining areas applicable to
Sector allocations of GOM winter
flounder ACE pursuant to paragraph (b)
of this section, is the area bounded by
straight lines connecting the following
points in the order stated:
GOM WINTER FLOUNDER STOCK AREA
Point
GOM1
GOM2
GOM3
GOM4
GOM5
GOM6
GOM7
GOM8
..............
..............
..............
..............
..............
..............
..............
..............
N. Latitude
(1)
42°20′
42°20′
43°50′
43°50′
44°20′
44°20′
(2)
W. Longitude
70°00′
70°00′
67°40′
67°40′
66°50′
66°50′
67°00′
67°00′
1 Intersection of the north-facing coastline of
Cape Cod, MA, and 70°00′ W. long.
2 Intersection of the south-facing Maine
coastline and 67°00′ W. long.
(iii) Sector AMs. At the end of the
fishing year, NMFS shall evaluate Sector
catch using VTR, VMS, IVR, and any
other available information to determine
whether a Sector has exceeded any of its
ACE allocations based upon the
cumulative catch by participating
permits/vessels, as identified in the
final operations plan approved by the
Regional Administrator pursuant to
paragraph (c) of this section, and each
Sector’s share of any overage of the
overall ACL for any stock caused by
excessive catch by other subcomponents of the fishery pursuant to
§ 648.90(a)(5), if necessary. Should an
ACE allocated to a Sector be exceeded
in a given fishing year, the Sector’s ACE
shall be reduced by the overage on a
pound-for-pound basis during the
following fishing year, and the Sector,
each vessel, vessel operator and/or
vessel owner participating in the Sector
may be charged, as a result of said
overages, jointly and severally for civil
penalties and permit sanctions pursuant
to 15 CFR part 904. For the purposes of
this paragraph (b)(1)(iii), an ACE
overage means catch of regulated
species or ocean pout by vessels
participating in a particular Sector that
exceed the ACE allocated to that Sector,
as of the date received or purchased by
the dealer, whichever occurs first, after
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considering all ACE transfer requests
received and/or approved by NMFS
during the current fishing year
(including those that are submitted up
to 2 weeks into the following fishing
year), pursuant to paragraph (b)(1)(viii)
of this section, unless otherwise
specified pursuant to § 648.90(a)(5). If
an ACE allocated to a Sector is not
exceeded in a given fishing year
pursuant to this paragraph (b)(1)(iii), the
Sector’s ACE allocation shall not be
reduced for the following fishing year as
a result of an overage of an ACE by noncompliant Sectors or an overage of subACLs allocated to common pool vessels,
but may be reduced if the excessive
catch of a particular stock by other subcomponents of the fishery causes the
overall ACL of a particular stock to be
exceeded pursuant to § 648.90(a)(5). If
declining stock conditions result in a
need to reduce fishing mortality, and all
Sectors and common pool vessels have
operated within their ACE or sub-ACL
limits, a Sector’s percentage share shall
not be changed, but the amount this
share represents may be reduced due to
reduced overall ACL for a particular
stock. If stock conditions improve, and
certain Sectors stay within their ACE
while other Sectors or the common pool
exceed their respective ACEs or subACLs, the Sectors that stay within their
ACEs shall receive a temporary increase
in ACE equal to the amount that other
Sectors or the common pool exceeded
their ACE or sub-ACL, divided among
such Sectors proportional to each
Sector’s share of the ACL available to
vessels issued a limited access NE
multispecies permit.
(A) Overage penalty if there is
sufficient ACE to cover the overage. If a
Sector exceeds an ACE allocated to it
during the previous fishing year, but has
sufficient ACE to address the overage
pursuant to this paragraph (b)(1)(iii)
based upon the cumulative PSCs of
participating vessels during the fishing
year following the overage, no overage
penalty shall be applied to any member
permit/vessel that leaves that Sector to
fish under the provisions of the
common pool or in another Sector in the
year following the overage. Any impacts
to departing member permits/vessels
may be specified and addressed by the
Sector operations plan and associated
Sector contract.
(B) Overage penalty if there is
insufficient ACE to cover an overage. If
a Sector exceeds an ACE allocated to it
during the previous fishing year, but
disbands in the year following the
overage, or otherwise does not have
sufficient ACE to address the overage
pursuant to this paragraph (b)(1)(iii)
based upon the cumulative PSCs of
VerDate Nov<24>2008
15:07 Dec 30, 2009
Jkt 220001
permits/vessels participating in that
Sector during the fishing year following
the overage, individual permit holders
that participated in the Sector during
the fishing year in which the overage
occurred shall be responsible for
reducing their DAS/PSC to account for
that overage in the subsequent fishing
year, as follows:
(1) PSC reduction. If a Sector disbands
following an overage, and the owner of
an individual permit joins another
Sector for the subsequent fishing year,
that permit’s contribution toward the
ACE for the stock for which the overage
occurred to the other Sector in the
subsequent fishing year shall be reduced
by an amount equal to the overage
divided by the number of permits/
vessels participating in the Sector
during the fishing year in which the
overage occurred. For example, if a
Sector comprised of 10 permits/vessels
exceeded its GB cod ACE by 10,000 lb
(4,536 kg) during the previous fishing
year, but later disbands, each permit/
vessel that was in that Sector, but then
joins another Sector during the
following fishing year shall have its
contribution of GB cod to another Sector
temporarily reduced by 1,000 lb (453.6
kg) during the subsequent fishing year
for the purposes of calculating the
available GB cod ACE allocated to
another Sector during that fishing year.
(2) DAS reduction. If a Sector
disbands following an overage and the
owner of an individual permit elects to
fish under the provisions of the
common pool during the subsequent
fishing year, that permit/vessel’s NE
multispecies Category A DAS allocation
for the subsequent fishing year shall be
temporarily reduced by an amount
proportional to the highest percentage
overage by that Sector of any of the
stocks for which an overage occurred.
For example, if a Sector exceeded its GB
cod ACE by 10 percent and its pollock
ACE by 15 percent, each permit would
receive a 15-percent reduction in its
Category A DAS allocation for the
subsequent fishing year if fishing under
the provisions of the common pool.
(3) Fishing prohibition. If a Sector
does not disband following an overage,
but otherwise does not have sufficient
ACE to cover an overage based upon the
PSC of participating permits, that
Sector’s ACE for the stock for which the
overage occurred shall be temporarily
reduced to zero for the following fishing
year, and that Sector shall be prohibited
from fishing in the stock area associated
with the stock for which the ACE was
exceeded during the following year,
unless and until that Sector can acquire
sufficient ACE from another Sector to
cover the remaining overage from the
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previous fishing year. For example, if a
Sector comprised of 10 permits/vessels
was allocated 10 mt of GB cod ACE, but
caught 25 mt during the previous
fishing year (i.e., it exceeded its GB cod
ACE by 15 mt), each permit/vessel that
participating in that Sector during the
following fishing year would have its
GB cod PSC temporarily reduced to zero
during the subsequent fishing year, and
that Sector would not be able to fish
with gear capable of catching NE
multispecies (i.e., gear not listed as
exempted gear in this part) in the GB
cod stock area until it could acquire at
least an additional 5 mt of GB cod ACE
from another Sector (i.e., 15 mt
overage¥10 mt ACE for the following
year = 5 mt overage remaining).
(C) ACE buffer. At the beginning of
each fishing year, NMFS shall withhold
20 percent of a Sector’s ACE for each
stock for a period of up to 61 days (i.e.,
through June 30) to allow time to
process any ACE transfers submitted by
May 15 pursuant to paragraph
(b)(1)(viii) of this section and to
determine whether the ACE allocated to
any Sector needs to be reduced, or any
overage penalties need to be applied to
individual permits/vessels in the
current fishing year to accommodate an
ACE overage by that Sector during the
previous fishing year, as specified in
paragraph (b)(1)(iii) of this section.
(iv) Sector enforcement—(A) Sector
compliance and joint/several liability.
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 operations plan
specified in paragraph (b)(2) of this
section and the letter of authorization
issued pursuant to paragraph (c)(2) of
this section. Pursuant to 15 CFR part
904, each Sector, permit/vessel owner,
and vessel operator participating in the
Sector may be charged jointly and
severally for violations of the following
Sector operations plan requirements,
which may result in an assessment of
civil penalties and permit sanctions:
ACE overages, discarding of legal-sized
NE multispecies, and misreporting of
catch, including both landings and
discards. For the purposes of
enforcement, a Sector is a legal entity
that can be subject to NMFS
enforcement action for violations of the
regulations pertaining to Sectors, as
specified in this paragraph (b)(1)(iv).
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(B) Commitment to a Sector. A
permit/vessel participating in a Sector
must remain in the Sector for the
remainder of the fishing year. Such
permits/vessels cannot fish under both
the Sector provisions and the provisions
of the common pool during that same
fishing year for any reason, including,
but not limited to, expulsion from the
Sector pursuant to enforcement actions
specified in an approved Sector
operations plan, permit replacement, or
permit/vessel sale to another owner. For
example, if a permit/vessel is sold by a
Sector participant during the fishing
year, the new owner must comply with
the Sector regulations for the remainder
of the fishing year. If a permit/vessel has
been expelled from a Sector, the Sector
must notify NMFS of such an expulsion
immediately. Any permit/vessel, vessel
operator, or vessel owner removed from
a Sector during a specific fishing year
for violation of the Sector rules shall not
be eligible to fish under the NE
multispecies regulations for common
pool vessels specified in this part for the
remainder of that fishing year.
(v) Sector monitoring. Each Sector
shall monitor catch by participating
Sector vessels to ensure that ACEs are
not exceeded during the fishing year, as
specified in this paragraph (b)(1)(v). The
Sector shall summarize trips validated
by dealer reports; oversee the use of
electronic monitoring equipment and
review of associated data; maintain a
database of VTR, dealer, observer, and
electronic monitoring reports; determine
all species landings by stock areas;
apply discard estimates to landings;
deduct catch from ACEs allocated to
Sectors; and report Sector catch on a
weekly basis to NMFS, as required in
paragraph (b)(1)(vi) of this section.
Unless otherwise specified in this
paragraph (b)(1)(v), all catches of stocks
allocated to Sectors by vessels on a
Sector trip shall be deducted from the
Sector’s ACE for each NE multispecies
stock regardless of what fishery the
vessel was participating in when the
fish was caught. For the purposes of this
paragraph (b)(1)(v), any regulated
species or ocean pout caught using gear
capable of catching NE multispecies
(i.e., gear not listed as exempted gear
under this part) would be deducted
from a Sector’s ACE if such catch
contributed to the specification of PSC,
as described in § 648.87(b)(1)(i)(E), and
would not apply to another ACL subcomponent pursuant to § 648.90(a)(4).
For example, any regulated species or
ocean pout caught while fishing for or
catching skates or monkfish pursuant to
the regulations for those fisheries would
be deducted from the Sector’s ACE for
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each stock because such regulated
species or ocean pout were caught while
also operating under a NE multispecies
DAS. However, if a Sector vessel is
issued a limited access General Category
Atlantic Sea Scallop permit and fishes
for scallops under the provisions
specific to that permit, any yellowtail
flounder caught by the vessel on such
trips would be deducted from the other
sub-component of the appropriate stock
of yellowtail flounder’s ACL specified
for the Atlantic Sea Scallop fishery and
not from the yellowtail flounder ACE for
the Sector.
(A) Discards. A Sector vessel may not
discard any legal-sized regulated species
or ocean pout allocated to Sectors
pursuant to paragraph (b)(1)(i) of this
section, unless otherwise required
pursuant to § 648.86(l). Discards of
undersized regulated species or ocean
pout by a Sector vessel must be reported
to NMFS consistent with the reporting
requirements specified in paragraph
(b)(1)(vi) of this section. Discards shall
not be included in the information used
to calculate a vessel’s PSC, as described
in § 648.87(b)(1)(i)(E), but shall be
counted against a Sector’s ACE for each
NE multispecies stock allocated to a
Sector.
(B) Independent third-party
monitoring program. Beginning in
fishing year 2010, a Sector must
develop, implement, and pay for, to the
extent not funded by NMFS, an
independent third-party dockside/
roving and at-sea/electronic monitoring
program that is satisfactory to, and
approved by, NMFS for monitoring
landings and utilization of Sector ACE,
as specified in this paragraph
(b)(1)(v)(B). Any service providers
providing dockside/roving and at-sea
monitoring services pursuant to this
paragraph (b)(1)(v)(B) must meet the
service provider standards specified in
paragraph (b)(4) of this section, and any
dockside/roving and at-sea/electronic
monitoring program proposed by
Sectors must meet the operational
standards specified in paragraph (b)(5)
and (b)(6) of this section, respectively,
and be approved/certified by NMFS in
a manner consistent with the
Administrative Procedure Act.
(1) Dockside/roving monitors.
Dockside/roving monitors shall monitor
landings of regulated species and ocean
pout by Sector vessels at the first point
of offload, whether directly to a
federally permitted dealer or to a truck
for transfer to a federally permitted
dealer, to verify such landings at the
time the landings are weighed by a
federally permitted dealer and to certify
the landing weights are accurate as
reported on the dealer report. The level
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of coverage for landings by Sector
vessels is specified in paragraph
(b)(1)(v)(B)(3) of this section. To ensure
that these levels of coverage are
achieved, if a trip has been selected to
be observed by a dockside/roving
monitor, all offloading events associated
with that trip, regardless of how many
or the location of offloading events,
must be monitored. For example, if a
trip is selected to be observed by a
dockside/roving monitor, a vessel
offloading at more than one dealer or
facility must have a dockside/roving
monitor present during the offload at
each location. The details of the
dockside/roving monitoring program
used by each Sector must be specified
in the Sector’s operations plan and must
be consistent with the operational
standards specified in paragraph (b)(5)
of this section. The Regional
Administrator shall review the
dockside/roving monitoring program
and approve/disapprove it as part of the
yearly operations plan in a manner
consistent with the Administrative
Procedure Act.
(2) At-sea/electronic monitoring
program. Beginning in fishing year
2012, in addition to the dockside/roving
monitoring requirement specified in
paragraph (b)(1)(v)(B)(1) of this section,
an at-sea/electronic monitoring program
must be implemented to verify area
fished as well as catch and discards by
species and gear type. A Sector may
elect to develop an at-sea/electronic
monitoring program before fishing year
2012 and specify the details of such a
program in its operations plan.
Electronic monitoring may be used in
place of actual observers if the
technology is deemed sufficient by
NMFS for a specific trip type based on
gear type and area fished, in a manner
consistent with the Administrative
Procedure Act. No electronic monitoring
technology may be used in place of an
at-sea monitor unless approved by
NMFS as part of the Sector’s annual
operations plan. If either an at-sea
monitor or electronic monitoring is
assigned to a particular trip, a vessel
may not leave port without the
appropriate at-sea monitor or electronic
monitoring equipment on board. The atsea/electronic monitoring program
developed and implemented by each
Sector must be consistent with the
operational standards specified in
paragraph (b)(6) of this section, with
details of the program specified in the
Sector’s annual operations plan. The
Regional Administrator shall review the
at-sea/electronic monitoring program
and approve/disapprove it as part of the
annual operations plan in a manner
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consistent with the Administrative
Procedure Act. The level of coverage for
landings by Sector vessels is specified
in paragraph (b)(1)(v)(B)(3) of this
section.
(3) Coverage levels. Any service
provider providing dockside/roving or
at-sea monitoring services required
under this paragraph (b)(1)(v)(B)(3) must
provide coverage that is fair, equitable,
and distributed in a statistically random
manner among all trips such that
coverage is representative of fishing
activities by all vessels within each
Sector and by all Sector vessel
operations throughout the fishing year.
(i) Dockside/roving monitoring. For
fishing year 2010, at least 50 percent of
all Sector trips shall be monitored by
dockside/roving monitors. Beginning in
fishing year 2011, at least 20 percent of
all Sector trips shall be monitored by
dockside/roving monitors.
(ii) At-sea/electronic monitoring.
Beginning in fishing year 2012, coverage
levels for an at-sea monitoring program
shall be specified by NMFS, but shall be
less than 100 percent of all Sector trips.
Such coverage levels must be sufficient
to at least meet the coefficient of
variation specified in the Standardized
Bycatch Reporting Methodology and
accurately monitor Sector operations. In
the event that a NMFS-sponsored
observer and a third-party at-sea
monitor are assigned to the same trip,
only the NMFS observer must observe
that trip.
(4) Hail reports. For the purposes of
the dockside/roving and at-sea
monitoring requirements specified in
this paragraph (b)(1)(v)(B), Sector
vessels must submit all hail reports for
a Sector trip in which the NE
multispecies catch applies against the
ACE allocated to a Sector, as specified
in this part, to service providers offering
dockside/roving and at-sea monitoring
services pursuant to this paragraph
(b)(1)(v)(B). The mechanism and timing
of the transmission of such hail reports
must be specified in the annual Sector
operations plan, consistent with
paragraphs (b)(5) and (6) of this section.
(5) Notification of service provider
change. If for any reason a Sector
decides to change service providers
used to provide the dockside/roving and
at-sea monitoring services required in
this paragraph (b)(1)(v), the Sector
manager must first inform NMFS of the
effective date of the change in service
providers in conjunction with the
submission of the next weekly Sector
catch report specified in paragraph
(b)(1)(vi)(B) of this section. A Sector
may employ more than one service
provider at any time, provided any
service provider employed by a Sector
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meets the standards specified in
paragraph (b)(4) of this section.
(vi) Sector reporting requirements. In
addition to the other reporting/
recordkeeping requirements specified in
this part, a Sector’s vessels must comply
with the reporting requirements
specified in this paragraph (b)(1)(vi).
(A) VMS declarations and trip-level
catch reports. Prior to each Sector trip,
a Sector vessel must declare into broad
stock areas in which the vessel fishes
and submit the VTR serial number
associated with that trip pursuant to
§ 648.10(k). The Sector vessel must also
submit a VMS catch report detailing
regulated species and ocean pout catch
by broad stock areas when fishing in
multiple stock areas on the same trip,
pursuant to § 648.10(k).
(B) Weekly catch report. Each Sector
must submit weekly reports to NMFS
stating the remaining balance of ACE
allocated to each Sector based upon
regulated species and ocean pout
landings and discards of vessels
participating in that Sector and any
compliance/enforcement concerns.
These reports must include at least the
following information, as instructed by
the Regional Administrator: Week
ending date; species, stock area, gear,
number of trips, reported landings
(landed pounds and live pounds),
discards (live pounds), total catch (live
pounds), status of the Sector’s ACE
(pounds remaining and percent
remaining), and whether this is a new
or updated record of Sector catch for
each NE multispecies stock allocated to
that particular Sector; Sector
enforcement issues, including any
discrepancies noted by dockside/roving
monitors between dealers and offloads;
summary of offloads witnessed by
dockside/roving monitors for that
reporting week; and a list of vessels
landing for that reporting week. These
weekly catch reports must be submitted
no later than 2359 hr on Thursday of the
week following the reporting week, as
defined in this part. The frequency of
these reports must be increased to more
than a weekly submission when the
balance of remaining ACE is low, as
specified in the Sector operations plan
and approved by NMFS. If requested,
Sectors must provide detailed trip-bytrip catch data to NMFS for the
purposes of auditing Sector catch
monitoring data based upon guidance
provided by the Regional Administrator.
(C) Year-end report. An approved
Sector must submit an annual year-end
report to NMFS and the Council, no
later than 60 days after the end of the
fishing year, that summarizes the fishing
activities of participating permits/
vessels, which must include at least the
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following information: Catch, including
landings and discards, of all species by
Sector vessels; the permit number of
each Sector vessel that fished for
regulated species or ocean pout; the
number of vessels that fished for nonregulated species or ocean pout; the
method used to estimate discards by
Sector vessels; the landing port used by
Sector vessels; enforcement actions; and
other relevant information required to
evaluate the biological, economic, and
social impacts of Sectors and their
fishing operations consistent with
confidentiality requirements of
applicable law.
(vii) Interaction with other fisheries—
(A) Use of DAS. A Sector vessel must
comply with all measures specified for
another fishery pursuant to this part,
including any requirement to use a NE
multispecies DAS. If the regulations of
another fishery require the use of a NE
multispecies DAS, the DAS allocation
and accrual provisions specified in
§ 648.82(d) and (e), respectively, apply
to each trip by a Sector vessel, as
applicable. For example, if a Sector
vessel is also issued a limited access
monkfish Category C permit and is
required to use a NE multispecies DAS
concurrent with a monkfish DAS under
this part, any NE multispecies DAS used
by the Sector vessel accrues, as
specified in § 648.82(e)(1)(ii) based
upon the vessel’s NE multispecies DAS
allocation calculated pursuant to
§ 648.82(d)(1)(iv)(B).
(B) Availability of ACE.
Notwithstanding the requirements in
paragraph (b)(1)(vii)(A) of this section, if
a Sector has not been allocated or does
not acquire sufficient ACE available to
cover the catch of a particular stock of
NE multispecies while participating in
another fishery in which such catch
would apply to the ACE allocated to a
Sector, vessels participating in that
Sector cannot participate in those other
fisheries unless NMFS has approved a
Sector operations plan that ensures that
regulated species or ocean pout will not
be caught while participating in these
other fisheries.
(viii) ACE transfers. Unless otherwise
specified pursuant to paragraph
(b)(1)(viii)(D) of this section, all or a
portion of a Sector’s ACE for any NE
multispecies stock may be transferred to
another Sector at any time during the
fishing year and up to 2 weeks into the
following fishing year (i.e., through May
14) to cover any overages during the
previous fishing year. A Sector is not
required to transfer ACE to another
Sector. An ACE transfer only becomes
effective upon approval by NMFS, as
specified in paragraph (b)(1)(viii)(B).
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(A) Application to transfer ACE. ACE
may be transferred from one Sector to
another through written request to the
Regional Administrator. This request
must include the name of the Sectors
involved, the amount of each ACE to be
transferred, the fishing year in which
the ACE transfer applies, and the
amount of compensation received for
any ACE transferred, as instructed by
the Regional Administrator.
(B) Approval of an ACE transfer
request. NMFS shall approve/
disapprove a request to transfer ACE
based upon compliance by each Sector
and its participating vessels with the
reporting requirements specified in this
part. The Regional Administrator shall
inform both Sectors in writing whether
the ACE transfer request has been
approved within 2 weeks of the receipt
of the ACE transfer request.
(C) Duration of transfer.
Notwithstanding ACE carried over into
the next fishing year pursuant to
paragraph (b)(1)(i)(C) of this section,
ACE transferred pursuant to this
paragraph (b)(1)(viii) is only valid for
the fishing year in which the transfer is
approved, with the exception of ACE
transfer requests that are submitted up
to 2 weeks into the subsequent fishing
year to address any potential ACE
overages from the previous fishing year,
as provided in paragraph (b)(1)(iii) of
this section.
(D) Transfer of ACE by NOAAsponsored permit banks. A stateoperated permit bank sponsored by
NOAA shall be considered a Sector for
the exclusive purpose of transferring
ACE to qualifying Sectors. Such permit
banks will be allocated ACE for a fishing
year based on the PSCs of permits
owned by the permit bank that are
declared as ACE permits for that fishing
year. All or a portion of a permit bank’s
ACE for any NE multispecies stock may
be transferred to a qualifying Sector at
any time during the fishing year. Permit
banks may only act as the transferor in
an ACE transfer.
(ix) Trip limits. With the exception of
stocks listed in § 648.87(l), a Sector
vessel is not limited in the amount of
allocated NE multispecies stocks that
can be harvested on a particular fishing
trip, unless otherwise specified in the
operations plan.
(2) Operations plan and Sector
contract. To be approved to operate,
each Sector must submit an operations
plan and Sector contract to the Regional
Administrator no later than September 1
prior to the fishing year in which the
Sector intends to begin operations. This
operations plan may cover a 1- or 2-year
period, provided the analysis required
in paragraph (b)(3) of this section is
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sufficient to assess the impacts of Sector
operations during the 2-year period and
that Sector membership, or any other
parameter that may affect Sector
operations during the second year of the
approved operations plan, does not
differ to the point where the impacts
analyzed by the supporting NEPA
document are compromised. Each vessel
and vessel operator and/or vessel owner
participating in a Sector must agree to
and 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. At least the
following elements must be contained
in either the operations plan or Sector
contract:
(i) A list of all parties, vessels, and
vessel owners who will participate in
the Sector;
(ii) A list of all Federal and state
permits held by persons participating in
the Sector, including an indication for
each permit whether it is enrolled and
will actively fish in a Sector, or will be
subject to the provisions of the common
pool;
(iii) A contract signed by all Sector
participants indicating their agreement
to abide by the operations plan;
(iv) The name of a designated
representative or agent of the Sector for
service of process;
(v) If applicable, a plan for
consolidation or redistribution of ACE
detailing the quantity and duration of
such consolidation or redistribution
within the Sector;
(vi) A list of the specific management
rules the Sector participants will agree
to abide by in order to avoid exceeding
the allocated ACE for each stock,
including a plan of operations or
cessation of operations once the ACEs of
one or more stocks are harvested and
detailed plans for enforcement of the
Sector rules;
(vii) A plan that defines the
procedures by which members of the
Sector that do not abide by the rules of
the Sector will be disciplined or
removed from the Sector, and a
procedure for notifying NMFS of such
expulsions from the Sector;
(viii) If applicable, a plan of how the
ACE allocated to the Sector is assigned
to each vessel;
(ix) If the operations plan is
inconsistent with, or outside the scope
of the NEPA analysis associated with
the Sector proposal/framework
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adjustment as specified in paragraph
(a)(1) of this section, a supplemental
NEPA analysis may be required with the
operations plan;
(x) Detailed information about overage
penalties or other actions that will be
taken if a Sector exceeds its ACE for any
stock;
(xi) Detailed plans for the monitoring
and reporting of landings and discards
by Sector participants, including, but
not limited to, detailed information
describing the Sector’s dockside/roving
and at-sea/electronic monitoring
program for monitoring utilization of
ACE allocated to that Sector;
identification of the independent thirdparty service providers employed by the
Sector to provide dockside/roving and
at-sea/electronic monitoring services;
the mechanism and timing of any hail
reports necessary to coordinate the
deployment of dockside/roving and atsea monitors and electronic monitoring
equipment; a list of specific ports where
participating vessels will land fish, with
specific exemptions noted for safety,
weather, etc., allowed, provided the
Sector provides reasonable notification
to NMFS concerning a deviation from
the listed ports; and any other
information about such a program
required by NMFS;
(xii) ACE thresholds that may trigger
revisions to Sector operations to ensure
allocated ACE is not exceeded, and
details regarding the Sector’s plans for
notifying NMFS once the specified ACE
threshold has been reached;
(xiii) Identification of any potential
redirection of effort into other fisheries
expected as a result of Sector
operations, and, if necessary, proposed
limitations to eliminate any adverse
effects expected from such redirection
of effort;
(xiv) If applicable, description of how
regulated species and ocean pout will be
avoided while participating in other
fisheries that have a bycatch of
regulated species or ocean pout if the
Sector does not have sufficient ACE for
stocks of regulated species or ocean
pout caught as bycatch in those
fisheries, as specified in paragraph
(b)(1)(vii)(B) of this section; and
(xv) A list of existing regulations that
the Sector is requesting exemption from
during the following fishing year
pursuant to paragraph (c)(2) of this
section.
(3) NEPA analysis. In addition to the
documents required by paragraphs (a)(1)
and (b)(2) of this section, before NMFS
can approve a Sector to operate during
a particular fishing year, each Sector
must develop and submit to NMFS, in
conjunction with the yearly operations
plan and Sector contract, an appropriate
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NEPA analysis assessing the impacts of
forming the Sector and operating under
the measures described in the Sector
operations plan.
(4) Independent third-party
monitoring provider standards. Any
service provider intending to provide
dockside/roving and at-sea/electronic
monitoring services described in
§ 648.82(n)(2) and paragraph (b)(1)(v) of
this section must apply to and be
approved/certified by NMFS in a
manner consistent with the
Administrative Procedure Act. NMFS
shall approve/certify service providers
and associated dockside, roving, and/or
at-sea monitors as eligible to provide
Sector monitoring services specified in
this part and can disapprove/decertify
service providers and/or individual
monitors through notice in writing to
individual service providers/monitors if
the following criteria are no longer
being met:
(i) Service provider information. As
part of the application for service
provider approval/certification,
potential service providers must include
at least the following information:
(A) Identification of corporate
structure, including the names and
duties of controlling interests in the
company such as owners, board
members, authorized agents, and staff;
and articles of incorporation, or a
partnership agreement, as appropriate;
(B) Contact information for official
correspondence and communication
with any other office;
(C) A statement, signed under penalty
of perjury, from each owner, board
member, and officer that they are free
from a conflict of interest with fishingrelated parties including, but not
limited to, vessels, dealers, shipping
companies, Sectors, Sector managers,
advocacy groups, or research
institutions and will not accept, directly
or indirectly, any gratuity, gift, favor,
entertainment, loan, or anything of
monetary value from such parties;
(D) A statement, signed under penalty
of perjury, from each owner, board
member, and officer describing any
criminal convictions, Federal contracts
they have had, and the performance
rating they received on the contract, and
previous decertification action while
working as an observer or observer
service provider;
(E) A description of any prior
experience the applicant may have in
placing individuals in remote field and/
or marine work environments including,
but not limited to, recruiting, hiring,
deployment, and personnel
administration;
(F) A description of the applicant’s
ability to carry out the responsibilities
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and duties of a Sector monitoring/
reporting service provider and the
arrangements to be used, including
whether the service provider is able to
offer dockside and/or at-sea monitoring
services;
(G) Evidence of adequate insurance
(copies of which shall be provided to
the vessel owner, operator, or vessel
manager, when requested) to cover
injury, liability, and accidental death to
cover dockside, roving, and at-sea
monitors (including during training);
vessel owner; and service provider;
(H) Proof of benefits and personnel
services provided in accordance with
the terms of each monitor’s contract or
employment status;
(I) Proof that the service provider’s
dockside, roving, and at-sea monitors
have passed an adequate training course
sponsored by the service providers to
the extent not funded by NMFS that is
consistent with the curriculum used in
the current yearly NEFOP training
course, unless otherwise specified by
NMFS;
(J) An Emergency Action Plan
describing the provider’s response to an
emergency with a dockside, roving, and
at-sea monitors, including, but not
limited to, personal injury, death,
harassment, or intimidation; and
(K) Evidence that the company is in
good financial standing;
(ii) Service provider performance
requirements. Dockside/roving and atsea monitoring service providers must
be able to document compliance with
the following criteria and requirements:
(A) A service provider must establish
and carry out a comprehensive plan to
deploy NMFS-certified dockside,
roving, and/or at-sea monitors, or other
at-sea monitoring mechanism, such as
electronic monitoring equipment that is
approved by NMFS, according to a
prescribed coverage level (or level of
precision for catch estimation), as
specified by NMFS, including all of the
necessary vessel reporting/notice
requirements to facilitate such
deployment, as follows:
(1) A service provider must be
available to industry 24 hr per day, 7
days per week, with the telephone
system monitored a minimum of four
times daily to ensure rapid response to
industry requests;
(2) A service provider must be able to
deploy dockside, roving, and/or at-sea
monitors, or other approved at-sea
monitoring mechanism to all ports in
which service is required by Sectors, or
a subset of ports as part of a contract
with a particular Sector;
(3) A service provider must report
dockside, roving, and at-sea monitors
and other approved at-sea monitoring
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69457
mechanism deployments to NMFS and
the Sector manager in a timely manner
to determine whether the predetermined
coverage levels are being achieved for
the appropriate Sector;
(4) A service provider must assign
dockside, roving, and at-sea monitors
and other approved at-sea monitoring
mechanisms without regard to any
preference by the Sector manager or
representatives of vessels other than
when the service is needed and the
availability of approved/certified
monitors and other at-sea monitoring
mechanisms;
(5) A service provider’s dockside,
roving, and at-sea monitor assignment
must be fair, equitable, representative of
fishing activities within each Sector,
and able to monitor fishing activity
throughout the fishing year;
(6) For service providers offering
catch estimation or at-sea monitoring
services, a service provider must be able
to determine an estimate of discards for
each trip and provide such information
to the Sector manager and NMFS, as
appropriate and as required by this
section;
(B) The service provider must ensure
that dockside, roving, and at-sea
monitors remain available to NMFS,
including NMFS Office for Law
Enforcement, for debriefing for at least
2 weeks following any monitored trip/
offload;
(C) The service provider must report
possible dockside, roving, and at-sea
monitor harassment; discrimination;
concerns about vessel safety or marine
casualty; injury; and any information,
allegations, or reports regarding
dockside, roving, or at-sea monitor
conflict of interest or breach of the
standards of behavior to NMFS and/or
the Sector manager, as specified by
NMFS;
(D) The service provider must submit
to NMFS, if requested, a copy of each
signed and valid contract (including all
attachments, appendices, addendums,
and exhibits incorporated into the
contract) between the service provider
and those entities requiring services
(i.e., Sectors and participating vessels)
and between the service provider and
specific dockside, roving, or at-sea
monitors;
(E) The service provider must submit
to NMFS, if requested, copies of any
information developed and used by the
service providers distributed to vessels,
such as informational pamphlets,
payment notification, description of
duties, etc.;
(F) A service provider may refuse to
deploy a dockside, roving, or at-sea
monitor or other approved at-sea
monitoring mechanism on a requesting
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fishing vessel for any reason including,
but not limited to, the following:
(1) If the service provider does not
have an available dockside/roving
monitor prior to a vessel’s intended
date/time of landing, or if the service
provider does not have an available atsea monitor or other at-sea monitoring
mechanism approved by NMFS within
the advanced notice requirements
established by the service provider;
(2) If the service provider is not given
adequate notice of vessel departure or
landing from the Sector manager or
participating vessels, as specified by the
service provider;
(3) For the purposes of at-sea
monitoring, if the service provider has
determined that the requesting vessel is
inadequate or unsafe pursuant to the
reasons described in § 600.746; and
(4) Failure to pay for previous
deployments of dockside, roving, or atsea monitors, or other approved at-sea
monitoring mechanism.
(G) With the exception of a service
provider offering reporting, dockside,
and/or at-sea monitoring services to
participants of another fishery managed
under Federal regulations, a service
provider must not have a direct or
indirect interest in a fishery managed
under Federal regulations, including,
but not limited to, fishing vessels,
dealers, shipping companies, Sectors,
Sector managers, advocacy groups, or
research institutions and may not solicit
or accept, directly or indirectly, any
gratuity, gift, favor, entertainment, loan,
or anything of monetary value from
anyone who conducts fishing or fishingrelated activities that are regulated by
NMFS, or who has interests that may be
substantially affected by the
performance or nonperformance of the
official duties of service providers;
(H) A system to record, retain, and
distribute the following information to
NMFS, as requested, for a period
specified by NMFS, including:
(1) Dockside, roving, and/or at-sea
monitor and other approved monitoring
equipment deployment levels, including
the number of refusals and reasons for
such refusals;
(2) Incident/non-compliance reports
(e.g., failure to offload catch); and
(3) Hail reports, landings records, and
other associated interactions with
vessels and dealers.
(I) A means to protect the
confidentiality and privacy of data
submitted by vessels, as required by the
Magnuson-Stevens Act; and
(J) A service provider must be able to
supply dockside and at-sea monitors
with sufficient safety and data-gathering
equipment, as specified by NMFS.
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(iii) Standards for individual
dockside/roving monitors. For an
individual to be approved/certified as a
dockside or roving monitor, the service
provider must demonstrate that each
potential monitor meets the following
criteria:
(A) A high school diploma or legal
equivalent;
(B) Successful completion of all
NMFS-required training and briefings
before deployment;
(C) Physical and mental capacity for
carrying out the responsibilities of a
dockside/roving monitor pursuant to
standards established by NMFS, such as
being certified by a physician to be
physically fit to work as a dockside/
roving monitor after consideration that
a monitor may be required to climb a
ladder to inspect fish holds and/or
trucks;
(D) Absence of fisheries-related
convictions based upon a thorough
background check; and
(E) Independence from fishing-related
parties including, but not limited to,
vessels, dealers, shipping companies,
Sectors, Sector managers, advocacy
groups, or research institutions to
prevent conflicts of interest.
(iv) Standards for individual at-sea
monitors. For an individual to be
approved/certified as an at-sea monitor,
the service provider must demonstrate
that each potential monitor meets the
following criteria:
(A) A high school diploma or legal
equivalent;
(B) Successful completion of all
NMFS-required training and briefings
before deployment;
(C) Physical and mental capacity for
carrying out the responsibilities of an atsea monitor on board fishing vessels,
pursuant to standards established by
NMFS such as being certified by a
physician to be physically fit to work as
an at-sea monitor after consideration of
at least the following work-related
issues:
(1) Susceptibility to chronic motion
sickness;
(2) Ability to live in confined
quarters;
(3) Ability to tolerate stress;
(4) Ability to lift and carry heavy
objects up to 50 lb (22.7 kg);
(5) Ability to drag heavy objects up to
200 lb (90.7 kg); and
(6) Ability to climb a ladder.
(D) A current Red Cross (or
equivalent) CPR/first aid certification;
(E) Absence of fisheries-related
convictions, based upon a thorough
background check; and
(F) Independence from fishing-related
parties including, but not limited to,
vessels, dealers, shipping companies,
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Sectors, Sector managers, advocacy
groups, or research institutions to
prevent conflicts of interest.
(5) Dockside monitoring operational
standards. In addition to the
independent third-party monitoring
provider standards specified in
paragraph (b)(4) of this section, any
dockside monitoring program developed
as part of a Sector’s yearly operations
plan pursuant to paragraph
(b)(1)(v)(B)(1) of this section, or required
as part of the trimester TAC AM
specified in § 648.82(n)(2) must meet
the following operational standards to
be approved by NMFS:
(i) Vessel requirements—(A)
Reporting/recordkeeping requirements.
In addition to all other reporting/
recordkeeping requirements specified in
this part, to facilitate the deployment of
independent dockside and roving
monitors pursuant to § 648.82(n)(2)(iv)
and paragraph (b)(1)(v) of this section,
the operator of a vessel fishing under
the provisions of the common pool or
on a Sector trip must comply with the
following requirements:
(1) Trip-start hail report. The vessel
operator must submit a trip-start hail
report notifying the Sector manager and/
or dockside/roving monitor service
provider of the vessel permit number;
trip ID number in the form of the VTR
serial number of the first VTR page for
that trip, or another trip identifier
specified by NMFS; and an estimate of
the trip duration prior to departing port
at the beginning of each trip. If the
vessel operator does not receive
confirmation of the receipt of the tripstart hail report from the dockside/
roving monitor service provider within
10 minutes of sending the original tripstart hail report, the operator must
contact the service provider to confirm
the trip-start hail report via an
independent back-up system developed
by the service provider.
(2) Trip-end hail report. Prior to
returning to port upon the completion of
a fishing trip, the vessel operator must
submit a trip-end hail report notifying
the dockside/roving monitor service
provider of the vessel permit number;
trip ID submitted pursuant to paragraph
(b)(5)(i)(A)(1) of this section; intended
offloading location(s), including the
dock/dealer, port/harbor, and state for
all dealers/facilities where the vessel
intends to offload catch; estimated date/
time of arrival; estimated date/time of
offload; and estimated total weight of
each species on board. The trip-end hail
report must be submitted at least 6 hr
in advance of landing for all trips at
least 6 hr in duration or occurring more
than 6 hr from port. For shorter trips,
the trip-end hail reports must be
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submitted within sufficient time to
allow the deployment of the dockside/
roving monitor to the offloading site, as
specified by the dockside/roving
monitoring service provider in
consultation with NMFS Office of Law
Enforcement. These reports may be in
the form of an e-mail to the dockside/
roving monitor service provider or
another means of communication
specified by the service provider.
(B) Copies of trip documents. The
operator of a Sector vessel that is issued
a waiver from the dockside/roving
monitoring requirements specified in
paragraph (b)(1)(v)(B) of this section for
a particular trip must provide copies of
all VTRs and dealer receipts associated
with that trip to the Sector or designated
third party contractor, as appropriate,
within 24 hr of offloading.
(C) Vessel offloads. A vessel may not
offload any fish from a trip that was
selected to be observed by a dockside/
roving monitor until the dockside/
roving monitor(s) assigned to that trip is
present, as specified in paragraph
(b)(5)(ii)(A) of this section.
(ii) Dockside/roving monitor service
provider requirements—(A)
Confirmation of vessel hail reports.
Upon receipt of a trip-start or trip-end
hail reports pursuant to paragraphs
(b)(5)(i)(A)(1) and (2) of this section, the
service provider shall immediately send
confirmation that the trip-start or tripend hail report was received to the
vessel. A service provider must
establish an independent back-up
system to the primary hail report system
(e.g., a phone number if the primary hail
report system is based upon e-mail) to
ensure receipt of such trip-start or tripend hail reports. In confirming the
receipt of a trip-end hail report, the
service provider will inform the vessel
operator that the offload(s) associated
with that trip will be monitored by a
dockside/roving monitor or that the
vessel is issued a dockside/roving
monitor waiver for that trip. If a
dockside/roving monitor is assigned to
observe a trip’s offloads, but cannot
meet the vessel as scheduled, the
service provider must inform the vessel,
the Sector, and NMFS Office of Law
Enforcement, as appropriate, as soon as
possible, to specify the time when the
dockside/roving monitor will arrive, or
issue the vessel a waiver for that
particular trip. The service provider or
Sector manager must also provide
NMFS Office of Law Enforcement with
the information contained in the tripstart and trip-end hail reports, including
whether the vessel has been assigned a
dockside/roving monitor for that trip, at
the same time that the confirmation is
sent to the vessel.
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(B) Documentation of offloads—(1)
Offloads directly to a dealer. Upon the
completion of the offload, the dockside/
roving monitor shall retain a copy of all
VTRs associated with the trip, including
all information submitted (i.e., no
blocked cells) provided by the Sector
vessel; record whether the dealer scales
were certified by an appropriate state
agency; observe and record whether ice
and box weights are tared by the dealer
before catch is added, or record the
estimated weight of ice and the box
from the dealer; record the weight of
catch offloaded by species (and market
category, if culled); determine and
record whether all fish have been
offloaded, including an estimate of the
weight of fish being retained by captain
and crew for personal consumption or
other use and the reason for retention of
such catch; sign the dealer receipt
associated with the offload for each trip
(i.e., dealer/weighout slip or other form
of documentation of the amount of catch
offloaded by the dealer), or have the
dealer sign the dockside/roving monitor
report, as appropriate; provide data
summarizing the offloads of each trip,
including copies of the VTR(s),
dockside/roving monitor report, and
dealer receipt(s), if separate from the
dockside/roving monitor report, to the
Sector manager or designated third
party contractor, as appropriate, within
24 hr of offloading; and retain a copy of
such information to document that the
offload was monitored, as instructed by
the Regional Administrator.
(2) Offloads to a truck. A roving
monitor observing offloads into a truck
shall retain copies of all VTRs filled out
for that trip with all information
submitted (i.e., no blocked cells)
provided by the Sector vessel; if there
are no scales at the offload site, record
the number of totes of each species and
the captain’s estimate of the weight in
each tote; if there are scales at the
offload site, record whether the scales
were certified by an appropriate state
agency and observe and record whether
ice and box weights are tared before
catch is added, or record the estimated
weight of ice and the box; determine
and record whether all fish have been
offloaded, including an estimate of the
weight of fish being retained by captain
and crew for personal consumption or
other use and the reason for retention of
such catch; record all offloaded catch by
species and market class in a report,
unless the driver creates such a report
that the roving monitor may use which
shall be signed by the roving monitor;
document that each tote is labeled with
the appropriate identifying information
including, but not limited to, the serial
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69459
number of the first VTR page filled out
for that trip or another trip ID specified
by NMFS, the roving monitor’s name,
tote number, and species; provide data
summarizing the offloads of each trip,
including copies of the VTR(s) and
roving monitor report to the Sector
manager or designated third party
contractor, as appropriate, within 24 hr
of offloading; and retain a copy of such
information to document that the
offload was monitored, as instructed by
the Regional Administrator. The roving
monitor must submit copies of the
VTR(s); driver manifest(s), if separate
from the roving monitor’s report; and
the roving monitor’s report to the Sector
manager or third-party service provider,
as appropriate.
(C) Record retention. The dockside/
roving monitor service provider shall
retain an electronic record of each
offload observed and make electronic
and other records that document an
offload available to NMFS upon request.
(D) Safe-harbor provision. The
dockside/roving monitor service
provider must work with the Sector and
NMFS Office of Law Enforcement to
establish an acceptable process for safeharbor situations where a vessel is
unable to follow normal dockside/
roving monitor protocols outlined in
paragraph (b)(5) of this section due to an
emergency situation.
(iii) Adjustment to operational
standards. The dockside/roving monitor
operational standards specified in
paragraph (b)(5) of this section may be
revised by the Regional Administrator
in a manner consistent with the
Administrative Procedure Act.
(6) At-sea/electronic monitoring
operational standards. In addition to the
independent third-party monitoring
provider standards specified in
paragraph (b)(4) of this section, any atsea/electronic monitoring program
developed as part of a Sector’s yearly
operations plan pursuant to paragraph
(b)(1)(v)(B)(2) of this section must meet
the following operational standards to
be approved by NMFS:
(i) Gear. Each at-sea monitor must be
provided with all of the equipment
specified by the Northeast Fisheries Atsea Monitoring Program. A list of such
equipment is available from the
Northeast Fisheries Science Center upon
request. At-sea/electronic monitoring
service providers are responsible for the
cost of providing such gear to at-sea
monitors to the extent not funded by
NMFS. This gear shall be inspected by
NMFS upon the completion of training
required pursuant to paragraph
(b)(4)(i)(I) of this section.
(ii) Vessel selection protocol. An atsea/electronic monitoring program
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service provider must develop a formal
vessel-selection protocol to deploy atsea monitors and electronic monitoring
equipment in a statistically random
manner consistent with the coverage
levels required pursuant to paragraph
(b)(1)(v)(B)(3)(a) of this section. This
protocol must include a method to
allow for waivers in specific
circumstances, including how waivers
would be requested, assessed, and
recorded.
(iii) Reporting/recordkeeping
requirements—(A) Vessel requirements.
In addition to all other reporting/
recordkeeping requirements specified in
this part, to facilitate the deployment of
at-sea monitors and electronic
monitoring equipment pursuant to
paragraph (b)(1)(v)(B)(2) of this section,
the operator of a vessel fishing on a
Sector trip must provide at-sea/
electronic monitoring service providers
with at least the following information:
The vessel name, permit number, trip ID
number in the form of the VTR serial
number of the first VTR page for that
trip or another trip identifier specified
by NMFS, and an estimate of the date/
time of departure in advance of each
trip. The timing of such notice shall be
sufficient to allow ample time for the
service provider to determine whether
an at-sea monitor or electronic
monitoring equipment will be deployed
on each trip and allow the at-sea
monitor or electronic monitoring
equipment to prepare for the trip and
get to port, or to be installed on the
vessel, respectively. The details of the
timing, method (e.g., phone, e-mail,
etc.), and information needed for such
pre-trip notifications shall be included
as part of a Sector’s yearly operations
plan. If a vessel has been informed by
a service provider that an at-sea monitor
or electronic monitoring equipment has
been assigned to a particular trip
pursuant to paragraph (b)(6)(iii)(B)(1) of
this section, the vessel may not leave
port to begin that trip until the at-sea
monitor has arrived and boarded the
vessel, or the electronic monitoring
equipment has been properly installed.
(B) At-sea/electronic monitoring
service provider requirements—(1)
Confirmation of pre-trip notification.
Upon receipt of a pre-trip notification
pursuant to paragraph (b)(6)(iii)(A) of
this section, the service provider shall
inform the vessel operator whether the
vessel will be monitored by an at-sea
observer or electronic monitoring
equipment for that trip, or will be issued
an at-sea/electronic monitoring waiver
for that trip based upon the vessel
selection protocol specified in
paragraph (b)(6)(ii) of this section.
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(2) At-sea/electronic monitoring
report. A report detailing area fished
and the amount of each species kept and
discarded shall be submitted
electronically in a standard acceptable
form to the appropriate Sector and
NMFS within 48 hr of the completion of
the trip, as instructed by the Regional
Administrator. The data elements to be
collected and the format for submission
shall be specified by NMFS and
distributed to all approved at-sea/
electronic monitoring service providers
and Sectors. At-sea/electronic
monitoring data shall not be accepted
until such data pass automated NMFS
data quality checks.
(iv) Safety hazards—(A) Vessel
requirements. The operator of a Sector
vessel must detail and identify any
safety hazards to any at-sea monitor
assigned pursuant to paragraph
(b)(6)(iii)(B)(1) of this section prior to
leaving port. A vessel cannot begin a
trip if it has failed a review of safety
issues pursuant to paragraph
(b)(6)(iv)(B) of this section, until the
identified safety deficiency has been
resolved pursuant to § 600.746(i).
(B) At-sea/electronic monitoring
service provider requirements. An at-sea
monitor must complete a pre-trip vessel
safety checklist provided by NMFS
before an at-sea monitor can leave port
onboard a vessel on a Sector trip. If the
vessel fails a review of safety issues
pursuant to this paragraph (b)(6)(iv)(B),
an at-sea monitor cannot be deployed on
that vessel for that trip.
(v) Adjustment to operational
standards. The at-sea/electronic
monitoring operational standards
specified in paragraph (b)(6) of this
section may be revised by the Regional
Administrator in a manner consistent
with the Administrative Procedure Act.
(c) Approval of a Sector and granting
of exemptions by the Regional
Administrator. (1) Once the Regional
Administrator has made a preliminary
determination that the documents
submitted pursuant to paragraphs (a)(1),
(b)(2), and (b)(3) of this section appear
to comply with the requirements of this
section, NMFS may consult with the
Council and approve or disapprove
Sector operations consistent with the
Administrative Procedure Act and other
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
participating in 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 paragraphs
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(c)(2)(i) and (ii) 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 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.
(i) Regulations that may not be
exempted for Sector participants. The
Regional Administrator may not exempt
participants in a Sector from the
following Federal fishing regulations:
NE multispecies 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 or SAPspecific reporting requirements
specified in this part). This list may be
modified through a framework
adjustment, as specified in § 648.90.
(ii) Universal Sector exemptions. All
Sector vessels are exempt from the
following Federal fishing regulations
under this part:
(A) Trip limits on NE multispecies
stocks for which a Sector receives an
allocation of ACE pursuant to paragraph
(b)(1)(i) of this section (i.e., all stocks
except Atlantic halibut, ocean pout,
windowpane flounder, SNE/MA winter
flounder, and Atlantic wolffish);
(B) The GOM Rolling Closure Areas
and the GB Seasonal Closed Area
specified in § 648.82(f)(1) and (g),
respectively, provided Sector vessels
comply with the Sector-specific GOM
Rolling Closure Areas specified in
§ 648.81(f)(2)(vi);
(C) NE multispecies DAS restrictions
other than those required to comply
with effort controls in other fisheries, as
specified in §§ 648.92 and 648.322; and
(D) The minimum codend mesh size
restrictions for trawl gear specified in
§ 648.80(a)(4)(i) when using a haddock
separator trawl defined in
§ 648.85(a)(3)(iii) or the Ruhle trawl
defined in § 648.85(b)(6)(iv)(J)(3) within
the GB RMA, as defined in
§ 648.80(a)(2), provided Sector vessels
use a codend with 6-inch (15.2-cm)
minimum mesh.
(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
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plan or that the continuation of the
operations plan will undermine
achievement of fishing mortality
objectives of the FMP. Withdrawal of
approval of a Sector may only be done
in a manner consistent with the
Administrative Procedure Act and other
applicable law.
(d) Approved Sector allocation
proposals. Eligible NE multispecies
vessels, as specified in paragraph (a)(3)
of this section, may participate in the
Sectors identified in paragraphs (d)(1)
through (19) of this section, provided
the operations plan is approved by the
Regional Administrator in accordance
with paragraph (c) of this section and
each participating vessel and vessel
operator and/or vessel owner complies
with the requirements of the operations
plan, the requirements and conditions
specified in the letter of authorization
issued pursuant to paragraph (c) of this
section, and all other requirements
specified in this section. All operational
aspects of these Sectors shall be
specified pursuant to the operations
plan and Sector contract, as required by
this section.
(1) GB Cod Hook Sector.
(2) GB Cod Fixed Gear Sector.
(3) Sustainable Harvest Sector.
(4) Port Clyde Community Groundfish
Sector.
(5) Northeast Fishery Sector I.
(6) Northeast Fishery Sector II.
(7) Northeast Fishery Sector III.
(8) Northeast Fishery Sector IV.
(9) Northeast Fishery Sector V.
(10) Northeast Fishery Sector VI.
(11) Northeast Fishery Sector VII.
(12) Northeast Fishery Sector VIII.
(13) Northeast Fishery Sector IX.
(14) Northeast Fishery Sector X.
(15) Northeast Fishery Sector XI.
(16) Northeast Fishery Sector XII.
(17) Northeast Fishery Sector XIII.
(18) Tristate Sector.
(19) Northeast Coastal Communities
Sector.
16. In § 648.88, revise paragraph (a)(1)
to read as follows:
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§ 648.88 Multispecies open access permit
restrictions.
(a) * * *
(1) The vessel may possess and land
up to 200 lb (90.7 kg) of cod and up to
the landing and possession limit
restrictions for other NE multispecies
specified in § 648.86, provided the
vessel complies with the restrictions
specified in paragraph (a)(2) of this
section. Should the GOM cod trip limit
specified in § 648.86(b)(1) be adjusted in
the future, the cod trip limit specified in
this paragraph (a)(1) shall be adjusted
proportionally (rounded up to the
nearest 25 lb (11.3 kg)).
*
*
*
*
*
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17. In § 648.89, revise the
introductory text to paragraph (c); revise
paragraphs (a), (b)(1), (b)(4), (c)(1)(v),
and (c)(2)(v); and add paragraphs (c)(5)
and (f) to read as follows:
§ 648.89 Recreational and charter/party
vessel restrictions.
(a) Recreational gear restrictions.
Persons aboard charter/party vessels
permitted under this part and not
fishing under the DAS program or under
the restrictions and conditions of an
approved Sector operations plan, as
specified in § 648.87(c), and recreational
fishing vessels in the EEZ, are
prohibited from fishing with more than
one line per angler, and must stow all
other fishing gear on board the vessel as
specified in § 648.23(b).
(b) * * *
(1) Minimum fish sizes. Unless further
restricted under paragraph (b)(3) of this
section, persons aboard charter/party
vessels permitted under this part and
not fishing under the NE multispecies
DAS program or under the restrictions
and conditions of an approved Sector
operations plan, and recreational fishing
vessels in or possessing fish from the
EEZ, may not possess fish smaller than
the minimum fish sizes, measured in
total length (TL), as follows:
Size
(inches)
Species
Cod ................................
Haddock ........................
Pollock ...........................
Witch flounder (gray
sole).
Yellowtail flounder .........
American plaice (dab) ...
Atlantic halibut ...............
Winter flounder
(blackback).
Redfish ..........................
22
18
19
14
(55.9
(45.7
(48.3
(35.6
cm).
cm).
cm).
cm).
13
14
41
12
(33.0 cm).
(35.6 cm).
(104.1 cm).
(30.5 cm).
9 (22.9 cm).
*
*
*
*
*
(4) Fish fillets, or parts of fish, must
have at least 2 square inches (5.1 square
cm) of skin on while possessed on board
a vessel and at the time of landing in
order to meet minimum size
requirements. The skin must be
contiguous and must allow ready
identification of the fish species.
*
*
*
*
*
(c) Possession restrictions.
(1) * * *
(v) Seasonal GOM cod possession
prohibition. Persons aboard private
recreational fishing vessels fishing in
the GOM Regulated Mesh Area specified
in § 648.80(a)(1) may not fish for or
possess any cod from November 1
through April 15. Private recreational
vessels in possession of cod caught
outside the GOM Regulated Mesh Area
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may transit this area, provided all bait
and hooks are removed from fishing
rods and any cod on board has been
gutted and stored.
*
*
*
*
*
(2) * * *
(v) Seasonal GOM cod possession
prohibition. Persons aboard charter/
party fishing vessels permitted under
this part and not fishing under the NE
multispecies DAS program or on a
Sector trip that are fishing in the GOM
Regulated Mesh Area specified in
§ 648.80(a)(1) may not fish for, possess,
or land any cod from November 1
through April 15. Charter/party vessels
in possession of cod caught outside the
GOM Regulated Mesh Area may transit
this area, provided all bait and hooks
are removed from fishing rods and any
cod on board has been gutted and
stored.
*
*
*
*
*
(5) Atlantic wolffish. Possession of
Atlantic wolffish by charter/party
vessels permitted under this part and
not fishing under the NE multispecies
DAS program and recreational fishing
vessels fishing in the EEZ is prohibited.
*
*
*
*
*
(f) Recreational fishery AM—(1) Catch
evaluation. As soon as recreational
catch data are available for the entire
previous fishing year, the Regional
Administrator will evaluate whether
recreational catches exceed any of the
sub-ACLs specified for the recreational
fishery pursuant to § 648.90(a)(4). When
evaluating recreational catch, the
components of recreational catch that
are used shall be the same as those used
in the most recent assessment for that
particular stock. To determine if the
regulated species or ocean pout subACL specified for the recreational
fishery was exceeded, the Regional
Administrator shall compare the 3-year
average of recreational catch to the 3year average of the recreational sub-ACL
for each stock, as follows:
(i) For fishing year 2010, recreational
catch shall be compared to the
recreational sub-ACL for that stock for
fishing year 2010.
(ii) For fishing year 2011, the average
recreational catch for fishing years 2010
and 2011 shall be compared to the
average recreational sub-ACLs for that
stock during fishing years 2010 and
2012.
(iii) Starting in fishing year 2012, the
3-year average recreational catch shall
be compared to the 3-year average of the
recreational sub-ACLs for that stock.
(2) Measure adjustment. If it is
determined that any recreational subACL was exceeded, as specified in
paragraph (f)(1) of this section, the
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Regional Administrator, after
consultation with the New England
Fishery Management Council, shall
develop measures necessary to prevent
the recreational fishery from exceeding
the appropriate sub-ACL in future years.
Appropriate AMs for the recreational
fishery, including adjustments to fishing
season, minimum fish size, or
possession limits, may be implemented
in a manner consistent with the
Administrative Procedure Act, with
final measures published in the Federal
Register no later than January when
possible. Separate AMs shall be
developed for the private and charter/
party components of the recreational
fishery.
18. In § 648.90, revise the
introductory text for this section and
paragraph (a); revise paragraphs (a)(2)(i)
through (iv), (a)(2)(vi), and (c)(1)(i); and
add paragraphs (a)(4) through (6) to read
as follows:
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§ 648.90 NE multispecies assessment,
framework procedures, setting of ACLs and
other allocations, AMs, specifications, and
flexible area action system.
For the NE multispecies framework
specification process described in this
section, the regulated species and ocean
pout biennial review is considered a
separate process from the small-mesh
species annual review, as described
under paragraphs (a)(2) and (b),
respectively, of this section. In addition,
the process for specifying ABCs and
associated ACLs for regulated species
and ocean pout, as described in
paragraph (a)(4) of this section, is
considered a separate process from the
small-mesh species ABC and ACL
process.
(a) NE multispecies. For the purpose
of this paragraph (a), the term ‘‘NE
multispecies fishery’’ is defined as
common pool vessels, Sector vessels,
and private recreational and charter/
party vessels, as defined in this part; the
term ‘‘NE multispecies commercial
fishery’’ is defined as vessels issued a
limited access NE multispecies permit,
or an open access NE multispecies
Handgear B permit; and the term ‘‘NE
multispecies recreational fishery’’ is
defined as private recreational vessels
and charter or party boats, as further
defined in this part.
*
*
*
*
*
(2) * * *
(i) The NE multispecies PDT shall
meet on or before September 30 every
other year, unless otherwise specified in
paragraph (a)(3) of this section, under
the conditions specified in that
paragraph, to perform a review of the
fishery, using the most current scientific
information available provided
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primarily from the NEFSC. Data
provided by states, ASMFC, the USCG,
and other sources may also be
considered by the PDT. Based on this
review, the PDT will develop ACLs for
the upcoming fishing year(s) as
described in paragraph (a)(4) of this
section and develop options for
consideration by the Council if
necessary, on any changes, adjustments,
or additions to DAS allocations, closed
areas, or other measures necessary to
rebuild overfished stocks and achieve
the FMP goals and objectives, including
changes to the Northeast Region SBRM.
(ii) The PDT shall review available
data pertaining to: Catch and landings,
discards, DAS allocations, DAS use,
Sector operations, and other measures of
fishing effort; survey results; stock
status; current estimates of fishing
mortality and overfishing levels; social
and economic impacts; enforcement
issues; and any other relevant
information.
(iii) Based on this review, the PDT
shall recommend ACLs and develop
options necessary to achieve the FMP
goals and objectives, which may include
a preferred option. The PDT must
demonstrate through analyses and
documentation that the options they
develop are expected to meet the FMP
goals and objectives. The PDT may
review the performance of different user
groups or fleet Sectors in developing
options. The range of options developed
by the PDT may include any of the
management measures in the FMP,
including, but not limited to: ACLs,
which must be based on the projected
fishing mortality levels required to meet
the goals and objectives outlined in the
FMP for the 12 regulated species and
ocean pout if able to be determined;
identification and distribution of ACLs
and other sub-components of the ACLs
among various segments of the fishery;
AMs; DAS changes; possession limits;
gear restrictions; closed areas;
permitting restrictions; minimum fish
sizes; recreational fishing measures;
description and identification of EFH;
fishing gear management measures to
protect EFH; designation of habitat areas
of particular concern within EFH; and
changes to the Northeast Region SBRM,
including the CV-based performance
standard, the means by which discard
data are collected/obtained, fishery
stratification, reports, and/or industryfunded observers or observer set-aside
programs. In addition, the following
conditions and measures may be
adjusted through future framework
adjustments: Revisions to DAS
measures, including DAS allocations
(such as the distribution of DAS among
the four categories of DAS), future uses
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for Category C DAS, and DAS baselines,
adjustments for steaming time, etc.;
modifications to capacity measures,
such as changes to the DAS transfer or
DAS leasing measures; calculation of
area-specific ACLs, area management
boundaries, and adoption of areaspecific management measures; Sector
allocation requirements and
specifications, including the
establishment of a new Sector, the
disapproval of an existing Sector, and
the allowable percent of ACL available
to a Sector through a Sector allocation;
Sector administration provisions,
including at-sea and dockside
monitoring measures; Sector reporting
requirements; measures to implement
the U.S./Canada Resource Sharing
Understanding, including any specified
TACs (hard or target); changes to
administrative measures; additional
uses for Regular B DAS; reporting
requirements; the GOM Inshore
Conservation and Management
Stewardship Plan; adjustments to the
Handgear A or B permits; gear
requirements to improve selectivity,
reduce bycatch, and/or reduce impacts
of the fishery on EFH; SAP
modifications; revisions to the ABC
control rule and status determination
criteria, including, but not limited to,
changes in the target fishing mortality
rates, minimum biomass thresholds,
numerical estimates of parameter
values, and the use of a proxy for
biomass may be made either through a
biennial adjustment or framework
adjustment; and any other measures
currently included in the FMP.
(iv) The Council shall review the
ACLs recommended by the PDT and all
of the options developed by the PDT
and other relevant information; consider
public comment; and develop a
recommendation to meet the FMP
objectives pertaining to regulated
species or ocean pout that is consistent
with applicable law. If the Council does
not submit a recommendation that
meets the FMP objectives and is
consistent with applicable law, the
Regional Administrator may adopt any
option developed by the PDT, unless
rejected by the Council, as specified in
paragraph (a)(2)(vii) of this section,
provided the option meets the FMP
objectives and is consistent with
applicable law.
*
*
*
*
*
(vi) If the Council submits, on or
before December 1, a recommendation
to the Regional Administrator after one
Council meeting, and the Regional
Administrator concurs with the
recommendation, the Regional
Administrator shall publish the
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Council’s recommendation in the
Federal Register as a proposed rule with
a 30-day public comment period. The
Council may instead submit its
recommendation on or before February
1, if it chooses to follow the framework
process outlined in paragraph (c) of this
section, and requests that the Regional
Administrator publish the
recommendation as a final rule, in a
manner consistent with the
Administrative Procedure Act. If the
Regional Administrator concurs that the
Council’s recommendation meets the
FMP objectives and is consistent with
other applicable law, and determines
that the recommended management
measures should be published as a final
rule, the action will be published as a
final rule in the Federal Register, in a
manner consistent with the
Administrative Procedure Act. If the
Regional Administrator concurs that the
recommendation meets the FMP
objectives and is consistent with other
applicable law and determines that a
proposed rule is warranted, and, as a
result, the effective date of a final rule
falls after the start of the fishing year on
May 1, fishing may continue. However,
DAS used or regulated species or ocean
pout landed by a vessel on or after May
1 will be counted against any DAS or
Sector ACE allocation the vessel or
Sector ultimately receives for that year,
as appropriate.
*
*
*
*
*
(4) Process for setting ABCs and
ACLs—(i) ABC/ACL recommendations.
As described in this paragraph (a)(4),
with the exception of stocks managed by
the Understanding, the PDT shall
develop recommendations for setting an
ABC, ACL, and OFL for each NE
multispecies stock for each of the next
3 years as part of the biennial review
process specified in paragraph (a)(2) of
this section. ACLs can also be specified
based upon updated information in the
annual SAFE report, as described in
paragraph (a)(1) of this section, and
other available information as part of a
specification package, as described in
paragraph (a)(5) of this section. For NE
multispecies stocks or stock
components managed under both the
NE Multispecies FMP and the
Understanding, the PDT shall develop
recommendations for ABCs, ACLs, and
OFLs for the pertinent stock or stock
components annually, as described in
this paragraph (a)(4) and § 648.85(a)(2).
(A) ABC recommendations. The PDT
shall develop ABC recommendations
based on the ABC control rule, the
fishing mortality rate necessary to
rebuild the stock, guidance from the
SSC, and any other available
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information. The PDT recommendations
shall be reviewed by the SSC. Guided by
terms of reference developed by the
Council, the SSC shall either concur
with the ABC recommendations
provided by the PDT, or provide
alternative recommendations for each
stock of regulated species or ocean pout
and describe the elements of scientific
uncertainty used to develop its
recommendations. Should the SSC
recommend an ABC that differs from
that originally recommend by the PDT,
the PDT shall revise its ACL
recommendations if necessary to be
consistent with the ABC
recommendations made by the SSC. In
addition to consideration of ABCs, the
SSC may consider other related issues
specified in the terms of reference
developed by the Council, including,
but not limited to, OFLs, ACLs, and
management uncertainty.
(B) ACL recommendations. The PDT
shall develop ACL recommendations
based upon ABCs recommended by the
SSC and the pertinent recommendations
of the Transboundary Management
Guidance Committee (TMGC). The ACL
recommendations of the PDT shall be
specified based upon total catch for
each stock (including both landings and
discards), if that information is
available. The PDT shall describe the
steps involved with the calculation of
the recommended ACLs and
uncertainties and risks considered when
developing these recommendations,
including whether different levels of
uncertainties were used for different
sub-components of the fishery and
whether ACLs have been exceeded in
recent years. Based upon the ABC
recommendations of the SSC and the
ACL recommendations of the PDT, the
Council shall adopt ACLs that are equal
to or lower than the ABC recommended
by the SSC to account for management
uncertainty in the fishery.
(ii) Timing. The PDT
recommendations for setting ABCs and
ACLs shall be provided to the SSC prior
to the September Council meeting, to
the extent possible. The Council shall
consider the ABC recommendations of
the SSC and the ACL recommendations
of the PDT (and TMGC) and shall make
a decision on those recommendations
prior to December 1, to the extent
possible. Once the Council has
approved its recommended ACLs, they
shall be submitted to NMFS prior to
December 1, to the extent possible for
approval and implementation. If the
Council is submitting a management
action as part of the biennial adjustment
process, the ACLs can be included in
that document along with any necessary
analysis required by applicable law.
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After receipt of the Council
recommendation for ACLs, either as part
of a new management action or as part
of a specification package, as described
in paragraph (a)(5) of this section,
NMFS shall review the Council’s
decision and, if consistent with
applicable law, implement the ACL in a
manner consistent with the
Administrative Procedure Act.
(iii) ABC/ACL distribution. The ABCs/
ACLs adopted by the Council for each
regulated species or ocean pout stock
pursuant to this paragraph (a)(4) shall be
subdivided among the various subcomponents of the fishery, as specified
in paragraphs (a)(4)(iii)(A) through (E) of
this section. For transboundary stocks
managed by the Understanding,
pursuant to § 648.85(a), the distribution
of ABC/ACLs described in paragraphs
(a)(4)(iii)(A) through (E) of this section
shall be based upon the catch available
to U.S. fishermen. The Council may
revise its recommendations for the
distribution of ABCs and ACLs among
these and other sub-components
through the process to specify ABCs and
ACLs, as described in this paragraph
(a)(4).
(A) Regulated species or ocean pout
catch by vessels outside of the FMP. The
catch of regulated species or ocean pout
that is expected to be harvested by
vessels operating in state waters that
have not been issued a Federal NE
multispecies permit and are not subject
to the regulations specified in this part
shall be deducted from the ABC/ACL of
each regulated species or ocean pout
stock pursuant to the process for
specifying ABCs and ACLs, as described
in this paragraph (a)(4).
(B) Regulated species or ocean pout
catch by exempted fisheries. Regulated
species or ocean pout catch by other,
non-specified sub-components of the
fishery, including, but not limited to,
exempted fisheries that occur in Federal
waters and fisheries harvesting
exempted species specified in
§ 648.80(b)(3) shall be deducted from
the ABC/ACL of each regulated species
or ocean pout stock, pursuant to the
process to specify ABCs and ACLs
described in this paragraph (a)(4). The
catch of these non-specified subcomponents of the ACL shall be
monitored using data collected pursuant
to this part. If catch from such fisheries
exceeds the amount specified in this
paragraph (a)(4)(iii)(B), AMs shall be
developed to prevent the overall ACL
for each stock from being exceeded,
pursuant to the framework adjustment
process specified in this section.
(C) Yellowtail flounder catch by the
Atlantic sea scallop fishery. Yellowtail
flounder catch in the Atlantic sea
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scallop fishery, as defined in subpart D,
shall be deducted from the ABC/ACL for
each yellowtail flounder stock pursuant
to the restrictions specified in subpart D
of this part and the process to specify
ABCs and ACLs, as described in
paragraph (a)(4) of this section. Unless
otherwise specified in subpart D of this
part, the specific value of the subcomponents of the ABC/ACL for each
stock of yellowtail flounder distributed
to the Atlantic sea scallop fishery shall
be specified pursuant to the biennial
adjustment process specified in
paragraph (a)(2) of this section. At a
minimum, these values must be
consistent with the incidental catch
amounts for yellowtail flounder
specified for the closed area access
programs described in §§ 648.60(a)(5)
and 648.85(c).
(D) Haddock catch by the Atlantic
herring fishery. The GOM and GB
haddock ABC/ACL shall each be
reduced by 0.2 percent to account for
haddock bycatch in the Atlantic herring
fishery, pursuant to the restrictions at
§§ 648.85(d) and 648.86(a)(3) and
pursuant to the process for specifying
ABCs and ACLs described in this
paragraph (a)(4).
(E) Regulated species or ocean pout
catch by the NE multispecies
commercial and recreational fisheries.
Unless otherwise specified in the ACL
recommendations developed pursuant
to paragraph (a)(4)(i)(B), after all of the
deductions and considerations specified
in paragraphs (a)(4)(iii)(A) through (D)
of this section, the remaining ABC/ACL
for each regulated species or ocean pout
stock shall be allocated to the NE
multispecies commercial fishery,
pursuant to this paragraph (a)(4)(iii)(E).
(1) Recreational allocation. Unless
otherwise specified in paragraph (a)(5)
of this section, recreational catches shall
be compared to the ACLs allocated
pursuant to this paragraph
(a)(4)(iii)(E)(1) for the purposes of
determining whether adjustments to
recreational measures are necessary,
pursuant to the recreational fishery AMs
specified in § 648.89(f).
(i) Stocks allocated. Unless otherwise
specified in this paragraph
(a)(4)(iii)(E)(1), the ABCs/ACLs for GOM
cod and GOM haddock available to the
NE multispecies fishery pursuant to
paragraph (a)(4)(iii)(E) of this section
shall be divided between commercial
and recreational components of the
fishery, based upon the average
proportional catch of each component
for each stock during fishing years 2001
through 2006.
(ii) Process for determining if a
recreational allocation is necessary. A
recreational allocation may not be made
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if it is determined that, based upon
available information, the ACLs for
these stocks are not being fully
harvested by the NE multispecies
fishery, or if the recreational harvest,
after accounting for state waters catch
pursuant to paragraph (a)(4)(iii)(A) of
this section, is less than 5 percent of the
overall catch for a particular stock of
regulated species or ocean pout.
(2) Commercial allocation. The ABC/
ACL for regulated species or ocean pout
stocks available to the commercial NE
multispecies fishery, after consideration
of the recreational allocation pursuant
to paragraph (a)(4)(iii)(E)(1) of this
section, shall be divided between
vessels operating under approved Sector
operations plans, as described at
§ 648.87(c), and vessels operating under
the provisions of the common pool, as
defined in this part, based upon the
cumulative PSCs of vessels participating
in Sectors calculated pursuant to
§ 648.87(b)(1)(i)(E). Unless otherwise
specified in paragraph (a)(5) of this
section, regulated species or ocean pout
catch by common pool and Sector
vessels shall be deducted from the subACL/ACE allocated pursuant to this
paragraph (a)(4)(iii)(E)(2) for the
purposes of determining whether
adjustments to common pool measures
are necessary, pursuant to the common
pool AMs specified in § 648.82(n), or
whether Sector ACE overages must be
deducted, pursuant to § 648.87(b)(1)(iii).
(3) Revisions to commercial and
recreational allocations. Distribution of
the ACL for each stock available to the
NE multispecies fishery between and
among commercial and recreational
components of the fishery may be
implemented through a framework
adjustment pursuant to this section.
Any changes to the distribution of ACLs
to the NE multispecies fishery shall not
affect the implementation of AMs based
upon the distribution in effect at the
time of the overage that triggered the
AM.
(iv) ACL monitoring—(A) Landings.
For the purposes of monitoring the
catch of regulated species or ocean pout
towards the harvest of ACLs and other,
non-specified sub-components of the
ACLs specified in paragraph (a)(4) of
this section, the reporting requirements
specified in this part, including dealer
reports, VTRs, VMS catch reports,
Sector catch reports, and other available
information shall be used to identify
and apportion regulated species or
ocean pout landings by stock area.
(B) Discards. Unless otherwise
specified in this paragraph (a)(4)(iv)(B),
regulated species or ocean pout discards
shall be monitored through the use of
VTRs, observer data, VMS catch reports,
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and other available information, as
specified in this part. Regulated species
or ocean pout discards by vessels on a
Sector trip shall be monitored pursuant
to paragraph (b)(1)(v)(A) of this section.
(v) Adjustments to ACLs. The Council
may elect to revise the ACL for any
regulated species or ocean pout stock in
the second fishing year following a
biennial review to account for any
overages of an ACL in year one that may
result in overfishing for a particular
stock. Any adjustments to the ACLs in
year two will be implemented pursuant
to the process to specify ABCs and
ACLs, as described in paragraph (a)(4) of
this section.
(5) AMs. Except as specified in
paragraphs (a)(4)(iii)(A) and (D) of this
section, if any of the ACLs specified in
paragraph (a)(4) of this section are
exceeded based upon available catch
information, the AMs specified in
paragraphs (a)(5)(i) and (ii) of this
section shall take effect in the following
fishing year, or as soon as practicable,
thereafter, once catch data for all
affected fisheries are available, as
applicable.
(i) AMs for the NE multispecies
commercial and recreational fisheries. If
the catch of regulated species or ocean
pout by a sub-component of the NE
multispecies fishery (i.e., common pool
vessels, Sector vessels, or private
recreational and charter/party vessels)
exceeds the amount allocated to each
sub-component, as specified in
paragraph (a)(4)(iii)(E) of this section,
then the applicable AM for that subcomponent of the fishery shall take
effect, pursuant to paragraphs
(a)(5)(i)(A) through (C) of this section. In
determining the applicability of AMs
specified for a sub-component of the NE
multispecies fishery in paragraphs
(a)(5)(i)(A) through (C) of this section,
the Regional Administrator shall
consider available information regarding
the catch of regulated species and ocean
pout by each sub-component of the NE
multispecies fishery, plus each subcomponent’s share of any overage of the
overall ACL for a particular stock
caused by excessive catch by vessels
outside of the FMP, exempted fisheries,
or the Atlantic sea scallop fishery, as
specified in this paragraph (a)(5), as
appropriate.
(A) Excessive catch by common pool
vessels. If the catch of regulated species
and ocean pout by common pool vessels
exceeds the amount of the ACL
specified for common pool vessels
pursuant to paragraph (a)(4)(iii)(E)(2) of
this section, then the AMs described in
§ 648.82(n) shall take effect. If such
catch does not exceed the portion of the
ACL specified for common pool vessels
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pursuant to paragraph (a)(4)(iii)(E)(2) of
this section, then no AMs shall take
effect for common pool vessels.
(B) Excessive catch by Sector vessels.
If the catch of regulated species and
ocean pout by Sector vessels exceeds
the amount of the ACL specified for
Sector vessels pursuant to paragraph
(a)(4)(iii)(E)(2) of this section, then the
AMs described in § 648.87(b)(1)(iii)
shall take effect. For the purposes of this
paragraph (a)(5)(i)(B), the catch of
regulated species and ocean pout for
each Sector approved pursuant to
§ 648.87 shall be based upon the catch
of vessels participating in each
approved Sector. If such catch does not
exceed the portion of the ACL specified
for an individual Sector pursuant to
paragraph (a)(4)(iii)(E)(2) of this section,
then no AMs shall take effect for that
Sector.
(C) Excessive catch by the NE
multispecies recreational fishery. If the
catch of regulated species and ocean
pout by private recreational and charter/
party vessels exceeds the amount of the
ACL specified for the recreational
fishery pursuant to paragraph
(a)(4)(iii)(E)(1) of this section, then the
AMs described in § 648.89(f) shall take
effect. If such catch does not exceed the
portion of the ACL specified for the
recreational fishery pursuant to
paragraph (a)(4)(iii)(E)(1) of this section,
then no AMs shall take effect for the
recreational fishery.
(ii) AMs if the overall ACL for a
regulated species or ocean pout stock is
exceeded. If the catch of any stock of
regulated species or ocean pout by
vessels fishing outside of the NE
multispecies fishery, including the
catch of regulated species or ocean pout
by vessels fishing in state waters outside
of the FMP, or in exempted fisheries, as
defined in this part, or the catch of
yellowtail flounder by the Atlantic sea
scallop fishery, exceeds the subcomponent of the ACL for that stock
specified for such fisheries pursuant to
paragraphs (a)(4)(iii)(A) through (C) of
this section, and the overall ACL for that
stock is exceeded, then the amount of
the overage of the overall ACL for that
stock shall be distributed among
components of the NE multispecies
fishery based upon each component’s
share of that stock’s ACL available to the
NE multispecies fishery pursuant to
paragraph (a)(4)(iii)(E) of this section.
Each component’s share of the ACL
overage for a particular stock would be
then added to the catch of that stock by
each component of the NE multispecies
fishery to determine if the resulting sum
of catch of that stock for each
component of the fishery exceeds that
individual component’s share of that
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stock’s ACL available to the NE
multispecies fishery. If the total catch of
that stock by any component of the NE
multispecies fishery exceeds the amount
of the ACL specified for that component
of the NE multispecies fishery pursuant
to paragraph (a)(4)(iii)(E) of this section,
then the AMs specified in paragraphs
(a)(5)(i)(A) through (C) of this section
shall take effect, as applicable. If the
catch of any stock of regulated species
or ocean pout by vessels outside of the
FMP exceeds the sub-component of the
ACL for that stock specified pursuant to
paragraphs (a)(4)(iii)(A) through (C) of
this section, but the overall ACL for that
stock is not exceeded, even after
consideration of the catch of that stock
by other sub-components of the fishery,
then the AMs specified in this
paragraph (a)(5)(ii) shall not take effect.
(6) Specifications process—(i) PDT
recommendations. Unless otherwise
developed pursuant to the biennial
review process specified in paragraph
(a)(2) of this section, the PDT shall
develop recommendations for setting
ACLs for each regulated species or
ocean pout, including ACLs for stocks
managed by the Understanding; revising
rebuilding programs and associated
management measures; or modifying
AMs for consideration by the Council’s
Groundfish Oversight Committee based
upon the SAFE report prepared
pursuant to paragraph (a)(1) of this
section. If the Council determines, based
on information provided by the PDT or
other stock-related information, that the
ACLs should be adjusted between
biennial reviews, it can do so through
the same process outlined in this
section during the interim year.
(ii) Guidelines. As the basis for its
recommendations under paragraph
(a)(5)(i) of this section, the PDT shall
review available data pertaining to:
Commercial and recreational catch data;
current estimates of fishing mortality;
discards; stock status; recent estimates
of recruitment; virtual population
analysis results and other estimates of
stock size; sea sampling and trawl
survey data or, if sea sampling data are
unavailable, length frequency
information from trawl surveys; impact
of other fisheries on herring mortality;
and any other relevant information.
(iii) Groundfish Oversight Committee
recommendations. Based on the PDT’s
recommendations and any public
comment received, the Groundfish
Oversight Committee shall recommend
to the Council appropriate
specifications for a period of at least 1
year. The Council shall review these
recommendations and, after considering
public comment, shall recommend
appropriate specifications to NMFS.
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69465
NMFS shall review the
recommendations and publish proposed
specifications in a manner consistent
with the Administrative Procedure Act.
If the proposed specifications differ
from those recommended by the
Council, the reasons for any differences
shall be clearly stated.
(iv) Analysis. Any specifications
package developed pursuant to this
paragraph (a)(5) shall be supported by
the appropriate NEPA analysis, which
shall be made available for public
comment.
(c) * * *
(1) * * *
(i) After a management action has
been initiated, the Council shall develop
and analyze appropriate management
actions over the span of at least two
Council meetings. The Council shall
provide the public with advance notice
of the availability of both the proposals
and the analyses and opportunity to
comment on them prior to and at the
second Council meeting. The Council’s
recommendation on adjustments or
additions to management measures,
other than to address gear conflicts,
must come from one or more of the
following categories: DAS changes,
effort monitoring, data reporting,
possession limits, gear restrictions,
closed areas, permitting restrictions,
crew limits, minimum fish sizes,
onboard observers, minimum hook size
and hook style, the use of crucifer in the
hook-gear fishery, Sector requirements,
recreational fishing measures, area
closures and other appropriate measures
to mitigate marine mammal
entanglements and interactions,
description and identification of EFH,
fishing gear management measures to
protect EFH, designation of habitat areas
of particular concern within EFH,
changes to the Northeast Region SBRM,
and any other management measures
currently included in the FMP. In
addition, the Council’s recommendation
on adjustments or additions to
management measures pertaining to
small-mesh NE multispecies, other than
to address gear conflicts, must come
from one or more of the following
categories: Quotas and appropriate
seasonal adjustments for vessels fishing
in experimental or exempted fisheries
that use small mesh in combination
with a separator trawl/grate (if
applicable), modifications to separator
grate (if applicable) and mesh
configurations for fishing for smallmesh NE multispecies, adjustments to
whiting stock boundaries for
management purposes, adjustments for
fisheries exempted from minimum mesh
requirements to fish for small-mesh NE
multispecies (if applicable), season
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adjustments, declarations, participation
requirements for the Cultivator Shoal
Whiting Fishery Exemption Area, and
changes to the Northeast Region SBRM
(including the CV-based performance
standard, the means by which discard
data are collected/obtained, fishery
stratification, reports, and/or industry-
funded observers or observer set-aside
programs).
*
*
*
*
*
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Agencies
[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Proposed Rules]
[Pages 69382-69466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29854]
[[Page 69381]]
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Part II
Department of Commerce
-----------------------------------------------------------------------
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
50 CFR Part 648
Magnuson-Stevens Fishery Conservation and Management Act Provisions;
Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Amendment 16; Proposed Rule
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 /
Proposed Rules
[[Page 69382]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0808071078-81093-01]
RIN 0648-AW72
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Amendment 16
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement measures in Amendment
16 to the NE Multispecies Fishery Management Plan (FMP). Amendment 16
was developed by the New England Fishery Management Council (Council)
as part of the biennial adjustment process in the FMP to update status
determination criteria for all regulated NE multispecies or ocean pout
stocks; to adopt rebuilding programs for NE multispecies stocks newly
classified as being overfished and subject to overfishing; and to
revise management measures, including significant revisions to the
Sector management measures, necessary to end overfishing, rebuild
overfished regulated NE multispecies and ocean pout stocks, and
mitigate the adverse economic impacts of increased effort controls.
Amendment 16 would also implement new requirements for establishing
acceptable biological catch (ABC), annual catch limits (ACLs), and
accountability measures (AMs) for each stock managed under the FMP,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). Finally, this action would add Atlantic
wolffish to the list of species managed by the FMP. This action is
necessary to address the results of the most recent stock assessment
that indicates that several additional NE multispecies regulated
species are overfished and subject to overfishing, and that stocks
currently classified as overfished require additional reductions in
fishing mortality to rebuild by the end of their rebuilding periods.
DATES: Comments must be received by January 20, 2010. ADDRESSES: You
may submit comments, identified by 0648-AW72, by any of the following
methods:
Electronic submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: https://www.regulations.gov.
Fax: (978) 281-9135.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ``Comments on the Proposed Rule for NE
Multispecies Amendment 16.''
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to https://regulations.gov without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Copies of Amendment 16, its Regulatory Impact Review (RIR), and a
draft of the Final Environmental Impact Statement (FEIS) are available
from Paul J. Howard, Executive Director, New England Fishery Management
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. NMFS prepared
an Initial Regulatory Flexibility Act (IRFA) analysis, which is
summarized in the Classification section of this proposed rule. The
EIS/RIR/IRFA is also accessible via the Internet at https://www.nefmc.org/nemulti/.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule should be submitted to the Regional Administrator at the address
above and to David Rostker, Office of Management and Budget (OMB), by
e-mail at David_Rotsker@omb.eop.gov, or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy
Analyst, phone: 978-281-9141, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The FMP specifies management measures for 15 species of NE
multispecies in Federal waters off the New England and Mid-Atlantic
coasts, including both large-mesh and small-mesh species. Small-mesh
species include silver hake (whiting), red hake, offshore hake, and
ocean pout, while large-mesh species include Atlantic cod, haddock,
yellowtail flounder, pollock, American plaice, witch flounder, white
hake, windowpane flounder, Atlantic halibut, winter flounder, and
redfish. Large-mesh species are further divided into 19 individual
stocks, that, along with ocean pout are collectively referred to as
groundfish. A major overhaul of the FMP occurred in 2004 with
implementation of Amendment 13 and the establishment of rebuilding
programs for all large-mesh stocks managed by the FMP, including
specification of status determination criteria for each stock.
Amendment 13, which became effective May 1, 2004 (April 27, 2004;
69 FR 22906), established two different strategies for rebuilding (an
adaptive strategy and a phased rebuilding strategy), and a rebuilding
plan for each overfished stock was developed in accordance with one of
the two strategies. Under the adaptive rebuilding strategy, the fishing
mortality rate (F) was held at a level intended to produce maximum
sustainable yield (FMSY) from 2004 through 2008, and then
subsequently reduced to the level required to rebuild by the selected
end-date of the relevant rebuilding period for that stock. In contrast,
under the phased rebuilding strategy, F was allowed to remain above
FMSY at the start of the rebuilding period in 2004, and then
was to be reduced sequentially in 2006 and 2009. Eight stocks (Gulf of
Maine (GOM) cod, Georges Bank (GB) haddock, GOM haddock, Southern New
England (SNE)/Mid-Atlantic (MA) winter flounder, GB yellowtail
flounder, redfish, windowpane flounder (southern stock), and ocean
pout) are managed under the adaptive rebuilding strategy, while five
stocks (GB cod, Cape Cod (CC)/GOM yellowtail flounder, SNE/MA
yellowtail flounder, American plaice, and white hake) are managed under
the phased rebuilding strategy.
Amendment 13 also established a biennial adjustment process whereby
the Council would review the FMP and make any changes to management
measures necessary to achieve the goals and objectives of the FMP. This
adjustment process provides for an update of the scientific information
regarding the status of the stocks, and an evaluation of the
effectiveness of the regulations. The biennial review scheduled to
occur in 2008, with necessary changes to the FMP to be
[[Page 69383]]
implemented in 2009, included a peer-reviewed benchmark assessment and
a review of the biological reference points (stock status determination
criteria) for each stock. This planned assessment of the biological
reference points (Groundfish Assessment Review Meeting, (GARM III)) was
also part of the adaptive rebuilding strategy described above, which
sought to evaluate the more fundamental scientific information mid-way
through the rebuilding period for most stocks. GARM III, completed in
August 2008, included a series of meetings over the course of 1 year.
GARM III evaluated the underlying data and models utilized for
assessment of the NE multispecies regulated species and ocean pout
stocks, evaluated the biological reference points, established new
reference points, assessed the biomass and fishing mortality status of
the NE multispecies regulated species and ocean pout stocks in 2007,
and provided examples of the Fs that would be expected to rebuild
overfished stocks.
GARM III concluded that 11 stocks were still subject to overfishing
(i.e., F was above FMSY), and that 11 stocks were overfished
(i.e., biomass levels were less than one half of the biomass at MSY
(BMSY)), with 9 stocks classified as both overfished and
subject to overfishing. A final determination on the status of pollock
could not be made until the fall 2008 survey data were available, as
the status of this species is based on the 3-yr centered average of the
fall biomass indices. Such data were available in January 2009, and
indicated that pollock is overfished. GARM III also indicated that some
stocks improved in status from the previous assessment (GARM II), with
GOM haddock and GB haddock classified as rebuilt in 2000 and 2006,
respectively, and GOM cod expected to be rebuilt by 2009.
The Council began development of Amendment 16 in 2006 with the
intent of implementing any necessary revisions to management measures
based upon the results of GARM III by the start of fishing year (FY)
2009 on May 1, 2009. On November 6, 2006, a notice of intent to prepare
a supplemental EIS and hold scoping meetings designed to solicit public
input on any revisions to management measures necessary to continue
rebuilding overfished NE multispecies regulated species and ocean pout
stocks was published in the Federal Register (November 6, 2006; 71 FR
64941). The Council continued to develop Amendment 16 for
implementation in FY 2009 until a presentation by the NMFS Northeast
Fisheries Science Center (NEFSC) regarding preliminary estimates of
2006 stock size and F at the June 2008 Council meeting indicated that
draft effort control measures under development for Amendment 16 were
not targeting the correct stocks. Based on this information, the
Council decided to wait until the receipt of the final GARM III
assessment results in September 2008 to continue development of
Amendment 16. The Council subsequently developed a revised schedule for
development for Amendment 16, which postponed implementation of
Amendment 16 until the start of FY 2010 on May 1, 2010. In addition,
the Council voted on September 4, 2008, to request that NMFS implement
an interim action for the duration of FY 2009 (May 1, 2009-April 30,
2010), and recommended a specific suite of management measures for the
interim action. A proposed rule to implement interim management
measures published on January 16, 2009 (74 FR 2959), with final interim
measures published on April 13, 2009 (74 FR 17030) and effective on May
1, 2009.
Based upon the final results of GARM III, the Council adopted draft
management measures and an associated draft EIS (DEIS) at its February
2009 meeting. A notice of availability for the DEIS, which analyzed the
impacts of all of the measures under consideration in Amendment 16, was
published on April 24, 2009 (74 FR 18705), with public comments
accepted through June 8, 2009. Final measures for Amendment 16 were
adopted by the Council at its June 2009 meeting, with revisions to the
discard provisions adopted at its September 2009 meeting. A notice of
availability for Amendment 16, including the FEIS, as submitted by the
Council for review by the Secretary of Commerce (Secretary), was
published in the Federal Register on October 23, 2009 (74 FR 54773).
The comment period on the Amendment 16 and its associated FEIS ends on
December 22, 2009. In addition to the implementing measures proposed in
this rule, Amendment 16 contains changes to status determination
criteria and other aspects of the management program, such as an ABC
control rule and potential sector contributions, that are not reflected
in regulations, but that are summarized below.
Proposed Measures
Amendment 16 proposes a large number of changes to the management
regime for the NE multispecies fishery, including revisions/additions
to existing regulations. This proposed rule also includes revisions to
regulations that are not specifically identified in Amendment 16, but
that are necessary to effectively implement the provisions in Amendment
16, or to correct errors in, or clarify, existing provisions. A
description of the proposed management measures follows.
1. Incorporation of Atlantic Wolffish Into the FMP
Section 304(e) of the Magnuson-Stevens Act requires either the
Council or the Secretary to develop a fishery management plan or
proposed regulations to end overfishing and rebuild a stock within 2
years of notice that the fishery is overfished. Atlantic wolffish was
recently determined to be overfished by the Data Poor Working Group,
with notice provided to the Council in February 2009. Because this
species is occasionally caught by both the commercial and recreational
NE multispecies fisheries, Amendment 16 proposes to incorporate
Atlantic wolffish into the FMP. Accordingly, the term ``regulated
species'' would be revised to include large-mesh species, ocean pout,
and Atlantic wolffish. Status determination criteria, a rebuilding
plan, and management measures to rebuild this stock are also proposed
in Amendment 16.
2. Status Determination Criteria
Amendment 16 proposes to update the status determination criteria
for existing NE multispecies regulated species and ocean pout stocks
based upon the best available scientific information regarding stock
status resulting from GARM III. In addition, because Amendment 16 would
add Atlantic wolffish to the FMP, biological reference points would be
established for this species. Based upon the results of GARM III,
biological reference points have been revised from those adopted in
Amendment 13. Stock status determinations were updated relative to the
revised reference points. In summary, the F at 40 percent of maximum
spawning potential (F40% MSP) was used as a proxy for FMSY
for most of the age-based stocks. Spawning stock biomasses at maximum
sustainable yield (SSBMSY) were calculated using F40% MSP,
with an assumption on the recruitment that should occur at
SSBMSY. Changes to the status determination criteria are
more fully discussed in Section 4.2 of Amendment 16, and in Section 1
of the GARM III report. Table 1 lists the proposed revised status
determination criteria, and numerical estimates of these parameters are
listed in Table 2.
[[Page 69384]]
Table 1--Description of the Proposed Revised Status Determination Criteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
Biomass target Minimum biomass
Species Stock (Btarget) threshold Maximum fishing mortality threshold
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod................................ GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Cod................................ GOM.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Haddock............................ GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Haddock............................ GOM.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Yellowtail flounder................ GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Yellowtail flounder................ SNE/MA................. SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Yellowtail flounder................ CC/GOM................. SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
American plaice.................... ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Witch flounder..................... ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Winter flounder.................... GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Winter flounder.................... GOM.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Winter flounder.................... SNE.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Redfish............................ ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F50% MSP.
White hake......................... ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Pollock............................ ....................... External.............. \1/2\ Btarget......... Relative F at replacement.
Windowpane flounder................ Northern............... External.............. \1/2\ Btarget......... Relative F at replacement.
Windowpane flounder................ Southern............... External.............. \1/2\ Btarget......... Relative F at replacement.
Ocean pout......................... ....................... External.............. \1/2\ Btarget......... Relative F at replacement.
Atlantic halibut................... ....................... Internal.............. \1/2\ Btarget......... F0.1.
Atlantic wolffish.................. ....................... SSBMSY: SSB/R(40% MSP) \1/2\ Btarget......... F40% MSP.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Numerical Estimates for the Proposed Updated Status Determination Criteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
Biomass target (Btarget) in Minimum biomass threshold Maximum fishing mortality
Species Stock mt (\1/2\ Btarget) in mt threshold (FMSY or proxy) MSY in mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod............................ GB................. 148,084.................... 74,042..................... 0.25....................... 31,159
Cod............................ GOM................ 58,248..................... 29,124..................... 0.24....................... 10,014
Haddock........................ GB................. 153,329.................... 76,664..................... 0.35....................... 33,604
Haddock........................ GOM................ 5,900...................... 2,950...................... 0.43....................... 1,360
Yellowtail flounder............ GB................. 43,200..................... 21,600..................... 0.25....................... 9,400
Yellowtail flounder............ SNE/MA............. 27,400..................... 13,700..................... 0.25....................... 6,100
Yellowtail flounder............ CC/GOM............. 7,790...................... 3,895...................... 0.24....................... 1,720
American plaice................ ................... 21,940..................... 10,970..................... 0.19....................... 4,011
Witch flounder................. ................... 11,447..................... 5,724...................... 0.20....................... 2,352
Winter flounder................ GB................. 16,000..................... 8,000...................... 0.26....................... 3,500
Winter flounder................ GOM................ 3,792...................... 1,896...................... 0.28....................... 917
Winter flounder................ SNE................ 38,761..................... 19,380..................... 0.25....................... 9,742
Redfish........................ ................... 271,000.................... 135,500.................... 0.04....................... 10,139
White hake..................... ................... 56,254..................... 28,127..................... 0.13....................... 5,800
Pollock *...................... ................... 2.00 kg/tow................ 1.00 kg/tow................ 5.65 c/i................... 11,320
Windowpane flounder *.......... Northern........... 1.4 kg/tow................. 0.7 kg/tow................. 0.50 c/i................... 700
Windowpane flounder *.......... Southern........... 0.34 kg/tow................ 0.17 kg/tow................ 1.47 c/i................... 500
Ocean pout *................... ................... 4.94 kg/tow................ 2.47 kg/tow................ 0.76 c/i................... 3,754
Atlantic halibut............... ................... 49,000..................... 24,500..................... 0.07....................... 3,500
Atlantic wolffish.............. ................... 1747-2202.................. 400-500.................... <0.35...................... 278-311
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Estimates of FMSY or proxy for these stocks use an index-based method to evaluate stock status and are based on a moving average, calculated as
described in GARM III. Values presented in this table for these stocks represent catch (landings plus discards in 1,000's mt) per survey index of
relative biomass (kg/tow) for that stock.
3. Rebuilding Programs
According to GARM III, two NE multispecies stocks have achieved
their target biomass levels and are no longer considered overfished;
the GB haddock stock was rebuilt in 2006, while GOM haddock was rebuilt
in 2000. However, GARM III, and the subsequent data available for
pollock, also indicated that several other NE multispecies stocks are
now overfished; these stocks are witch flounder, GB winter flounder,
northern windowpane flounder, and pollock. As a result, the Council is
proposing new rebuilding programs for these stocks under Amendment 16,
assuming the rebuilding programs will begin in FY 2010. For witch
flounder and GB winter flounder, the proposed rebuilding programs would
rebuild these stocks by 2017, with a 75-percent probability of success.
The rebuilding programs proposed for pollock and northern windowpane
flounder would rebuild these stocks by 2017, but because status
determination criteria for these stocks are based upon survey indices,
a probability of success cannot be calculated at this time.
Analysis by the Data Poor Working Group indicated that Atlantic
wolffish is overfished. However, because the life history of this
species is not well understood, there is considerable uncertainty in
the evaluation of stock status and stock projections. As a result, it
is not possible to determine a rebuilding period or a rebuilding F for
this species at this time, although measures to reduce F for this stock
are proposed under Amendment 16, as outlined below.
Amendment 13 established a phased rebuilding strategy for SNE/MA
winter
[[Page 69385]]
flounder that would evaluate the rebuilding progress in 2008 and adjust
the rebuilding F in 2009 to achieve rebuilding by 2014. Based upon GARM
III data, projections indicate that this stock is unlikely to rebuild
by 2014 in the absence of any fishing mortality, but would likely
rebuild between FYs 2015 and 2016. Since this stock is caught as non-
targeted catch in other large-mesh fisheries, small-mesh fisheries, and
the scallop dredge fishery, the only way to achieve zero F would be to
eliminate all fishing activity in the SNE/MA winter flounder stock
area, including fisheries for scallops, summer flounder, and other non-
groundfish species. This would entail closing several important
fisheries from off Cape Cod, MA to the Maryland coast. Hundreds of
millions of dollars in yield would be sacrificed for a relatively small
change, if any, in the projected rebuilding period for this stock. The
Council considers this unnecessary and impracticable, since, even
without any fishing mortality, this stock could not be rebuilt within
the Amendment 13 timelines (i.e., by 2014) and is projected to be
rebuilt between FYs 2015 and 2016. Instead, Amendment 16 proposes to
prohibit possession and landings of SNE/MA winter flounder, which would
result in achieving a F as close to zero as practicable. In addition,
Amendment 16 would require all non-Sector vessels fishing within two
restricted gear areas to use selective gear to minimize the catch of
SNE/MA winter flounder and other stocks. Although the benefits of these
restricted gear areas are uncertain and have not been used to
contribute to the F reductions of the proposed action, any decrease in
F associated with these requirements would only increase the
probability that rebuilding under the proposed measures would occur
between FYs 2015 and 2016. With the implementation of management
measures proposed under Amendment 16, including the proposed measures
that affect the catch of SNE/MA winter flounder, this stock will no
longer be subject to overfishing. There is considerable scientific
uncertainty associated with the assessment for this stock, as
recruitment observed between 2004 and 2008 was less than half of that
assumed when the rebuilding plan and associated management measures
were developed under Amendment 13. This suggests that differences
between projected and observed recruitment patterns and other factors
will influence when this stock is rebuilt. Projections of stock status
under a F of zero are similar to those using a F of as close to zero as
practicable, as proposed under this action, indicating that there is
little difference between when this stock is expected to rebuild under
either scenario (see Section 7.2.1.1.3.1 of the Amendment 16 FEIS).
Therefore, to impose a complete closure of commercial and recreational
fisheries in the SNE/MA winter flounder stock area and still not
achieve the objectives of rebuilding this stock by 2014 is contrary to
the objectives of the Magnuson-Stevens Act and would result in severe
economic impacts without biological benefits. Further, section
304(e)(7) of the Magnuson-Stevens Act recognizes that an FMP may not
always make adequate progress to achieving rebuilding objectives and
allows time for revisions to be made to make adequate progress toward
rebuilding overfished stocks. This action is thus designed to eliminate
targeting of this stock and to reduce discards in other trawl fisheries
in order to reduce F to the extent practicable, without delaying the
projected rebuilding of this stock. As a result, the rebuilding target
listed in Table 3 for this stock should be interpreted as ``as close to
zero as practicable,'' rather than zero.
Previous stock assessments for Atlantic halibut were insufficient
to calculate a rebuilding F. As a result, although the stock was
classified as overfished, no target F was calculated. GARM III included
an analytic assessment for this species that was able to calculate a
rebuilding F shown in Table 3 and an end date for rebuilding of 2055,
based upon the biology of this species.
The GARM III review of GOM winter flounder indicated that it is
highly likely that the stock is overfished. However, due to the high
degree of uncertainty of the assessment, the GARM III review panel
suggested that the assessment could not be used to provide management
advice or stock projections. As a result, a formal rebuilding program
has not been developed for this stock under Amendment 16, although
rebuilding for this stock is expected to result from measures proposed
under Amendment 16 to rebuild other stocks. This stock will continue to
be monitored and, should additional information lead to a determination
that the stock is overfished, a formal rebuilding program would be
developed in a subsequent action.
4. ABC Control Rule and Mortality Reductions Necessary To Achieve
Rebuilding Targets
Management measures proposed in this action are designed to reduce
F to the target F for each stock, as specified in Table 3. Two factors
contribute to determining the target F under Amendment 16: The ABC
control rule specified by the Council's Scientific and Statistical
Committee (SSC), and the F necessary to rebuild overfished stocks
within the rebuilding period (Frebuild). The ABC control
rule proposed by the SSC was adopted by the Council at its June 2009
meeting and would replace the MSY control rule in Amendment 13. The ABC
control rule would specify that the ABC for each stock should be
determined as the catch at 75 percent of FMSY, and that, if
the catch at 75 percent of FMSY would not achieve the
mandated rebuilding requirements, ABC should be based upon
Frebuild. For stocks that cannot be rebuilt within existing
rebuilding periods, the ABC should be based upon incidental bycatch,
including a reduction in the existing bycatch rate. Finally, for stocks
with unknown status, ABC would be determined on a case-by-case basis by
the SSC.
Because GARM III assessed the status of the stocks through 2007, to
calculate Frebuild it is necessary to estimate the F
resulting from measures in place for 2008 and 2009. Catch data for FY
2008 are available, along with estimates of F resulting from measures
implemented by the 2009 interim action. Projections were run to
determine rebuilding F targets using an estimate of 2008 F based upon
available catch data, as well as the assumptions regarding expected F
resulting from interim measures in 2009. Table 3 lists the percentage
change in F necessary to achieve the target F (either
Frebuild or the catch at 75 percent of FMSY), as
appropriate, from F estimated for FY 2008. Mortality reductions for
several stocks are not available because the assessments for these
stocks did not produce reliable estimates of F that could be used in
projection models to estimate Frebuild.
[[Page 69386]]
Table 3--Summary of Reductions in F Necessary to Achieve the Target F in 2010 for Each Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in F
Targeted F 2008 F from necessary to
Species Stock 2007 F (either Fmsy 2008 Catch achieve Frebuild
Frebuild or Data using catch and
75 of FMSY) F 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod............................................ GB............................... 0.300 0.184 0.2466 0.410 -55
Cod............................................ GOM.............................. 0.456 0.18 0.237 0.300 -40
Haddock........................................ GB............................... 0.230 0.26 0.350 0.079 229
Haddock........................................ GOM.............................. 0.350 0.32 0.430 0.250 28
Yellowtail flounder............................ GB............................... 0.289 0.109 0.254 0.130 -16
Yellowtail flounder............................ SNE/MA........................... 0.413 0.072 0.254 0.120 -40
Yellowtail flounder............................ CC/GOM........................... 0.414 0.18 0.239 0.289 -38
American plaice................................ GB/GOM........................... 0.090 0.14 0.190 0.099 41
Witch flounder................................. ................................. 0.290 0.15 0.200 0.296 -49
Winter flounder................................ GB............................... 0.280 0.20 0.260 0.131 49
Winter flounder................................ GOM.............................. 0.417 N/A 0.283 0.317 N/A
Winter flounder................................ SNE/MA........................... 0.649 0.000 0.248 0.265 -100
Redfish........................................ ................................. 0.005 0.03 0.038 0.008 275
White hake..................................... GB/GOM........................... 0.150 0.084 0.125 0.065 29
Pollock........................................ GB/GOM........................... 10.464 4.245 5.66 15.516 -73
Windowpane flounder............................ Northern......................... 1.960 N/A 0.50 N/A N/A
Windowpane flounder............................ Southern......................... 1.850 N/A 1.47 N/A N/A
Ocean Pout..................................... ................................. 0.380 N/A 0.760 N/A N/A
Atlantic halibut............................... ................................. 0.065 0.044 0.073 0.060 -27
Atlantic wolffish.............................. ................................. N/A N/A N/A N/A N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. ABC/ACL Specifications and Distribution Process
The recent reauthorization of the Magnuson-Stevens Act required
fishery management councils to establish a mechanism for specifying
ACLs for each managed fishery such that overfishing does not occur in
the fishery, and measures to ensure accountability. NMFS revised the
National Standard 1 Guidelines to assist Councils in complying with the
new requirements (January 16, 2009; 74 FR 3178), which were used by the
Council in developing both the ABC/ACL process and the associated AMs
in Amendment 16.
ABC/ACL Specifications Process
According to the Magnuson-Stevens Act, ACLs developed by a Council
for a particular fishery may not exceed the fishing level
recommendations of the Council's SSC or other peer-review process. The
Magnuson-Stevens Act requires that ACLs must take effect in FY 2010 for
fisheries subject to overfishing, and in FY 2011 for all other
fisheries. Because several stocks managed under the FMP are subject to
overfishing, Amendment 16 proposes a process to specify ABCs and ACLs
for the NE multispecies fishery for implementation in FY 2010.
Under Amendment 16, ABCs/ACLs would be developed as part of the
biennial adjustment process established in the FMP (a complete
description of the ABC/ACL specification process is in Section 4.2.1 of
the Amendment 16 FEIS). The Groundfish Plan Development Team would
develop recommendations for setting an ABC, ACL, and overfishing level
(OFL) for each stock for each of the next 3 years following the
implementation of the biennial adjustment, or yearly for stocks managed
by the U.S./Canada Resource Sharing Understanding (Understanding)
(currently, GB yellowtail flounder, Eastern GB cod, and Eastern GB
haddock) through a specifications package. These recommendations would
be based upon the ABC control rule, as described above; updated
information regarding the status of each stock, including
Frebuild for overfished stocks; recommendations of the
Transboundary Management Guidance Committee (TMGC) for appropriate
catch levels for stocks managed by the Understanding; and any other
guidance provided by the SSC. The ABCs developed through the process
would be distributed among the various segments of the fishery that
catch NE multispecies. These sub-ABCs would then be reduced to account
for management uncertainty to derive how the overall ACL for each stock
is divided into various sub-components of the fishery, as described
further below. The PDT would develop an informal document that
describes how these recommendations were developed, including estimates
of scientific and management uncertainty considered by the PDT, whether
different levels of management uncertainty were applied to different
components of the fishery, and whether total allowable catches (TACs)
have been exceeded during previous fishing years. The SSC would then
approve the PDT's ABC recommendations or provide alternative ABC
recommendations, describing elements of scientific uncertainty used to
develop its recommendations, and offer any other recommendations
regarding ACLs or other relevant issues. The Council would then
consider the recommendations of the SSC, PDT, and TMGC and adopt ABCs
and ACLs for each stock. As required by the Magnuson-Stevens Act, the
Council must adopt ACLs that are equal to or lower than the ABC
recommended by the SSC, taking into account management uncertainty. The
Council would adopt the ABC/ACL specifications and submit them to NMFS
by December 1, for approval and implementation in a manner consistent
with the Administrative Procedure Act.
The numeric ABCs and ACLs developed pursuant to this process are
not codified in this proposed rule and will be specified in a separate
future rulemaking. The Council is currently developing an ABC/ACL
specifications package to be implemented concurrently with the
provisions contained in this proposed rule for Amendment 16 management
measures at the start of FY 2010 on May 1, 2010. The measures proposed
in Amendment 16 are intended to achieve, but not exceed, the ABCs and
ACLs established for FYs 2010-2012. The ABCs and ACLs for 2013 and
beyond would be specified according to the process described above,
unless otherwise modified through a future Council action.
[[Page 69387]]
ACL Distribution
As noted above, the PDT would recommend distributing the ABC among
the various segments of the fishery that catch NE multispecies
regulated species and ocean pout, and reducing such sub-ABCs to account
for management uncertainty for each individual sub-component of the
fishery that catch such stocks based upon the catch available to U.S.
fishermen, as further described below and as described in detail in
Section 4.2.1.3 of the Amendment 16 FEIS. These sub-components of the
fishery include vessels operating in state waters that catch regulated
species and ocean pout, but do not hold Federal NE multispecies
permits; other non-specified sub-components of the fishery that may
catch regulated species and ocean pout as bycatch when prosecuting
other fisheries (i.e., exempted fisheries and fisheries for exempted
species); vessels participating in the Atlantic sea scallop fishery
that catch yellowtail flounder stocks as bycatch; vessels participating
in the Atlantic herring fishery that catch haddock as bycatch; and
catch of regulated species and ocean pout by the commercial and
recreational NE multispecies fisheries. Some sub-components of the
fishery would not be subject to any automatic AMs under Amendment 16
and would, thus, be allocated sub-components of the ACL. The sub-
components of the fishery that are subject to AMs would be allocated
sub-ACLs for each stock of regulated species and ocean pout that they
catch. These distributions, and the stocks that are allocated to the
recreational fishery, could be revised through the framework adjustment
process established in the existing regulations.
Catch by vessels operating in state waters that do not hold Federal
NE multispecies permits is outside of the jurisdiction of the FMP, but
is included in the overall ABC for NE multispecies regulated species
and ocean pout stocks. As a result, such catch must be accounted for,
but would not be monitored outside of the biennial adjustment process
for assessment purposes. The estimates of such catch would be adjusted
pursuant to the biennial adjustment process specified above. For GOM
cod and GOM haddock, this state-waters catch would be deducted from the
sub-ACL available to the commercial fishery (i.e., vessels issued a
limited access NE multispecies permit or open access NE multispecies
Handgear B permit). The sub-ACL available to recreational vessels would
include catch of GOM cod and GOM haddock in both state waters and
Federal waters, and any associated recreational AMs would be triggered
by the cumulative catch of such stocks by all recreational vessels.
The sub-components of the fishery that are not subject to AMs
include vessels fishing in exempted fisheries that occur in Federal
waters (e.g., the northern shrimp exempted fishery and the Cultivator
Shoal whiting fishery exemption) and vessels targeting exempted species
(e.g., the summer flounder fishery in SNE)--fisheries that are not
allowed to land NE multispecies regulated species or ocean pout and
that have demonstrated very low NE multispecies bycatch--as well as the
Atlantic sea scallop fishery, which catches yellowtail flounder as
bycatch. If catch from such fisheries exceeds the amount allocated, AMs
would be developed and implemented in a separate future management
action to prevent the overall ACL for each stock from being exceeded,
pursuant to the biennial review or framework adjustment process
established in the existing regulations.
The ACLs for all three stocks of yellowtail flounder would be
reduced to account for projected yellowtail flounder bycatch in the
Atlantic sea scallop fishery. The level of yellowtail flounder bycatch
in the scallop fishery would vary from year-to-year, based upon scallop
and NE multispecies abundance, the rotational management program
specified for the scallop fishery, and other factors. At a minimum, the
yellowtail flounder sub-component of the ACL allocated to the scallop
fishery would be consistent with the incidental catch amounts specified
for closed area access programs specified in the current regulations
(e.g., at least 10 percent of the GB yellowtail flounder ACL would be
specified to account for closed area access programs on GB, when open
under the rotational management program). Similar to the other non-
specified sub-components of the ACL described above, with the exception
of GB yellowtail flounder, yellowtail flounder bycatch in the scallop
fishery would initially be treated as a sub-component of the ACL,
rather than a sub-ACL, and, therefore, would not be subject to any
specific AMs under Amendment 16. The existing regulations regarding the
Understanding require that any overages of the TACs managed by the
Understanding would be deducted from the available U.S. portion of the
appropriate TAC during the following year. Therefore, any overages of
the U.S. portion of the GB yellowtail flounder TAC, including those by
the scallop fishery, would be deducted from the U.S. portion of the GB
yellowtail flounder TAC during the following year. The Council is
currently developing Amendment 15 to the Atlantic Sea Scallop FMP,
which is expected to develop AMs for the catch of yellowtail flounder
in the scallop fishery. If such measures are implemented, the
yellowtail flounder bycatch in the scallop fishery would then become
classified as a sub-ACL controlled by an appropriate AM.
In 2006, Framework Adjustment 43 to the FMP (August 15, 2006; 71 FR
46871) specified that 0.2 percent of the GOM and GB haddock target TACs
would be allocated to the Atlantic herring fishery to accommodate
haddock bycatch. Amendment 16 would maintain this allocation, but
update it to reflect that 0.2 percent of the GOM and GB haddock ACL
would be allocated to the Atlantic herring fishery. This allocation
would be considered a sub-ACL. The existing regulations already contain
AMs in the form of elimination of the directed herring fishery in
particular areas, and haddock possession restrictions once this sub-ACL
is projected to be caught. Because the existing regulations combine
catches from both stocks of haddock, this haddock sub-ACL allocated to
the herring fishery is not currently monitored on a stock-specific
basis.
Finally, the ACL for each NE multispecies regulated species and
ocean pout stock would be allocated to the NE multispecies commercial
and recreational fisheries. With the exception of GOM cod and GOM
haddock, as noted below, the ACL for each NE multispecies regulated
species and ocean pout stock would be allocated to the commercial NE
multispecies fishery. This would be further divided between vessels
participating in approved Sectors and those fishing under the
provisions for the common pool (i.e., those vessels not participating
in an approved Sector), as described further in Item 14 of this
preamble. An allocation for a particular stock would not be made to the
recreational fishery if it is determined that, based upon available
information, the ACLs for NE multispecies regulated species and ocean
pout stocks are not being fully harvested by the NE multispecies
fishery, or if the recreational harvest, after accounting for state-
waters catch as described above, is less than 5 percent of the overall
catch for a particular stock. If a stock is allocated to the
recreational fishery, the distribution of the available ACLs for these
stocks between the commercial and recreational fisheries would be
determined based upon the average proportional catch of each component
[[Page 69388]]
for each stock during FYs 2001 through 2006. Based upon these criteria,
only two NE multispecies stocks would be allocated to the recreational
fishery at this time: GOM cod and GOM haddock.
6. AMs
As described in Item 5 of this preamble, Councils must establish
measures that prevent overfishing and ensure accountability in each
fishery. AMs are management controls that are intended to prevent ACLs
from being exceeded, or to correct/mitigate overages if they occur.
Amendment 16 would implement AMs for both the commercial and
recreational fisheries, as described below, including separate AMs for
Sector vessels, vessels fishing in the common pool, and private
recreational and charter/party vessels. Under Amendment 16, if the
overall ACL for a stock is exceeded, the AMs applicable to the NE
multispecies fishery, including those specified for Sector, common
pool, and recreational and charter/party vessels, would be triggered,
as specified below.
Sector AMs
Since Sectors were first implemented in 2004 under Amendment 13,
Sectors have provided an alternative to DAS and trip limits for
managing the catch of particular stocks. Similarly, Amendment 16 would
specify alternative AMs for common pool vessels and those participating
in Sectors. Amendment 16 would prohibit Sector vessels from fishing in
a particular stock area unless that Sector is allocated or acquires
quota for all NE multispecies regulated species or ocean pout stocks
allocated to Sectors and caught in that stock area. In addition,
Amendment 16 would require that Sector vessels cease fishing in a
particular stock area if the Sector exceeds its allocation of any NE
multispecies regulated species or ocean pout stocks caught in a
particular stock area. While Sectors could balance such overages
through acquiring allocation from another Sector, any overages at the
end of the FY would be deducted from that Sector's allocation during
the subsequent FY. As described below for the AMs effective if the
overall ACL for a particular stock is exceeded, the catch used to
determine an individual Sector's overage would include catch by each
Sector's vessels, as well as catch by other sub-components of the
fishery. If either the catch of a particular stock by a Sector's
vessels alone, or the catch of a particular stock by a Sector's vessels
added to a Sector's portion of the overall ACL overage caught by other
sub-components of the fishery exceeds the amount of that stock's ACL
allocated to an individual Sector, the amount of the overage would be
deducted from that Sector's allocation for that stock during the
following FY. If a Sector disbands following an overage, or does not
have sufficient allocation to cover the overage, an appropriate DAS or
Sector share penalty or fishing prohibition would apply to each
individual participating vessel during the subsequent FY, as further
described in Item 14 of this preamble. If a Sector exceeds its
allocations multiple times or by a large amount, the Sector operations
plan or monitoring program may be insufficient to control fishing
effort and could justify disapproval of the Sector in future years.
These measures are intended to ensure that Sectors avoid exceeding
their allocations. If Sector allocations are exceeded, appropriate
measures would be taken to either balance the overage or address it
through penalties in the following FY.
Common Pool AMs
Common pool vessels would be subject to two types of AMs: A
differential DAS counting AM during FYs 2010 and 2011, and a hard-TAC
AM overlaid upon the DAS effort controls in FY 2012 and beyond. This
transition from a DAS AM to a hard-TAC AM reflects the Council's intent
to transition from an effort control fishery to one managed through
hard TACs. This transition also would enable monitoring systems and
service providers to prepare for the increase in infrastructure and
personnel necessary to accommodate the influx of higher volumes of
catch data and the need to monitor greater numbers of offloads, as
further described below.
Under the proposed differential DAS counting AM, if the NMFS
Regional Administrator projects that the sub-ACL available to common
pool vessels for each NE multispecies regulated species or ocean pout
stock would be exceeded or underharvested by the end of the FY, based
upon catch data available through January of that year, a differential
DAS counting factor would be applied to each Category A DAS used in the
stock area for which the sub-ACL was exceeded or underharvested, during
the following FY. The catch used in this projection would include catch
by common pool vessels as well as a projection of the catch by other
sub-components of the fishery. If either the catch of a particular
stock by common pool vessels alone, or the catch of a particular stock
by common pool vessels plus the common pool's portion of any catch from
other sub-components of the fishery that cumulatively exceed the
overall ACL is projected to exceed the common pool's allocation for a
particular stock, the differential DAS counting AM would be triggered
for the following FY. This projection would be updated after the end of
the FY to help determine if the catch by other sub-components of the
fishery are accurately estimated for the purposes of determining
whether the differential DAS counting AM is triggered. The areas in
which differential DAS counting would apply are defined further in this
proposed rule. Of particular note is the differential DAS counting area
applicable to Atlantic wolffish. The Council added Atlantic wolffish to
the FMP, but neither specifically exempted Atlantic wolffish from the
differential DAS counting AM, nor specified the differential DAS
counting areas applicable to this species when it adopted Amendment 16.
An assessment of recent catches by Council staff during the development
of the Amendment 16 FEIS indicated that this species is primarily
landed from inshore waters of both the GOM and GB. Therefore, this
proposed rule would impose differential DAS counting in the Inshore GOM
and Inshore GB Differential DAS Counting Areas if the Atlantic wolffish
ACL is projected to be caught.
The Amendment 16 DEIS indicates that the exact areas associated
with this AM may be modified in the FEIS ``to be consistent with the
overall effort control program so that a complex mosaic of DAS counting
areas is avoided as much as possible.'' The differential DAS counting
areas initially proposed in the DEIS have, therefore, been revised
based upon consultation with the Groundfish PDT and the Chairman of the
Groundfish Oversight Committee. Consistent with the intent of Amendment
16, these areas have been modified to better reflect the broad stock
reporting areas described in further detail in Item 8 of this preamble,
and the existing boundaries of the U.S./Canada Management Area.
Specifically, an Inshore GB Differential DAS Counting Area was created
to reflect the Inshore GB Broad Stock Area (i.e., statistical area 521)
and the numerous stocks that are found within this area; the Inshore
GOM Differential DAS Counting Area boundaries were moved north to
intersect with the coastline of Maine, and west to create the Inshore
GB Differential DAS Counting Area; the Offshore GOM Differential DAS
Counting Area boundary was moved north to completely cover the
coastline of Maine, and the southern boundary was moved north to create
the Inshore
[[Page 69389]]
GB Differential DAS Counting Area; the Offshore GB Differential DAS
Counting Area boundary was moved north and west to better match the
boundaries of the U.S./Canada Management Area; and the SNE differential
DAS counting area boundary was moved west to have the area entirely
outside of the U.S./Canada Management Area. NMFS is particularly
interested in soliciting public comments on the creation of an Inshore
GB Differential DAS Area. As originally proposed in the Amendment 16
DEIS, the waters east of Cape Cod, including the shipping lanes known
as ``the Channel,'' were divided between the Inshore and Offshore GOM
Differential DAS Counting Areas. Because this area overlaps with the
GOM, GB, and SNE stock areas for certain species, and includes both
deep and shallow water, none of the originally proposed differential
DAS counting areas would be completely adequate to cover the full
ranges of some species. Thus, this proposed rule would treat this area
separately. Accordingly, if a stock is caught inside/outside of the
Inshore GB Differential DAS Counting Area, multiple areas would be
subject to differential DAS counting. For example, CC/GOM yellowtail
flounder is caught in both the Inshore GOM and the Inshore GB
Differential DAS Counting Areas. If catch by common pool vessels
exceeds the CC/GOM yellowtail flounder sub-ACL for this fishery, both
areas would be subject to differential DAS counting during the
following FY.
The differential DAS counting factor that would apply would be
based upon the projected proportion of the sub-ACL that is expected to
be caught by common pool vessels plus the common pool's portion of any
overage of the overall ACL for any stock caused by excessive catch by
other sub-components of the fishery, if appropriate, rounded to the
nearest even tenth, as listed in Table 4. If it is projected that catch
in a particular FY will exceed or underharvest the sub-ACLs for several
NE multispecies regulated species or ocean pout stocks within a
particular stock area, the Regional Administrator would apply the most
restrictive differential DAS counting factor within that particular
stock area. For example, if it were projected that common pool vessels
will be responsible for catch that is 1.2 times the GOM cod sub-ACL and
1.1 times the CC/GOM yellowtail flounder sub-ACL, the Regional
Administrator would apply a differential DAS counting factor of 1.2 to
any Category A DAS fished by common pool vessels only within the
Inshore GOM Stock Area during the following FY (i.e., Category A DAS
would be charged at a rate of 28.8 hr for every 24 hr fished, or 1.2
times 24-hr DAS counting). If it is projected that common pool vessels
will underharvest all stocks within a particular stock area by at least
10 percent and that the overall ACL for a particular stock is not
exceeded by all sub-components of the fishery, the Regional
Administrator would reduce the rate at which DAS are counted to allow
the fishery to achieve the ACLs for all stocks within that area. For
example, if the common pool catches 0.65 times the CC/GOM yellowtail
flounder sub-ACL and 0.80 times the sub-ACL for all other stocks within
the Inshore GOM Differential DAS Counting Area, the Regional
Administrator would apply a differential DAS factor of 0.80 to all
Category A DAS used only in the Inshore GOM Differential DAS Counting
Area during the following FY (i.e., Category A DAS would be charged at
a rate of 19.2 hr for every 24 hr fished, or 0.80 times 24-hr DAS
counting). If the Regional Administrator determines that similar DAS
adjustments are necessary in all stock areas (either to reduce or to
increase effort), the Regional Administrator would adjust the ratio of
Category A: Category B DAS to reduce/increase the number of Category A
DAS available, based upon the amount of the overage or underage, rather
than applying a differential DAS counting factor to all Category A DAS
used in all stock areas.
Any differential DAS counting factor implemented in FY 2012 for any
ACL overages in a particular stock area during FY 2011 would be applied
against the DAS counting rate implemented in that stock area for FY
2011. While unlikely, it is possible that, even if the differential DAS
counting AM is triggered in a particular stock area due to excessive
catch of one or more ACLs in that stock area in FY 2010, the catch of
stocks within that stock area could exceed ACLs during FY 2011, as
well. If this were to happen, it would suggest that the differential
DAS counting rate that was implemented as a result of excessive catch
in FY 2010 was insufficient to prevent the ACLs specified for FY 2011
from being exceeded. Therefore, while Amendment 16 does not
specifically address this possibility, it stands to reason that any
differential DAS counting factor applied to DAS fished in a particular
stock area during FY 2012 to account for the excessive catch in FY 2011
should be applied to the DAS rate charged during FY 2011, even if a
differential DAS counting rate was implemented in that stock area
during FY 2011. For example, if a projection by the Regional
Administrator concluded that 1.2 times the GOM cod ACL was caught
during FY 2010, a differential DAS factor of 1.2 would be applied to
any Category A DAS used in the Inshore GOM Stock Area during FY 2011
(i.e., Category A DAS would be charged at a rate of 28.8 hr for every
24 hr fished, or 1.2 times 24-hr DAS counting). However, if even this
higher DAS counting rate were insufficient to prevent the GOM cod ACL
from being exceeded again in FY 2011 and 1.5 times the GOM cod ACL was
caught during FY 2011, a differential DAS factor of 1.5 would be
applied to the DAS charging rate during FY 2011 (i.e., Category A DAS
would be charged at a rate of 43.2 hr for every 24 hr fished (1.2 x 1.5
x 24-hr DAS charge)). This would more accurately reflect the likely
reduction in effort needed to prevent the ACL from being exceeded, and
increase the likelihood that catch during FY 2012 would not exceed the
ACL in that stock area and result in the trimester TAC area closures
being triggered.
This differential DAS counting AM would not be triggered if the
Regional Administrator conducts an analysis of the mixed-stock
exception in 50 CFR 600.310(m) and determines that the mixed-stock
exception is applicable. Pursuant to a court order in the case of
Commonwealth of Massachusetts and State of New Hampshire v. Carlos M.
Gutierrez (Case No. 06-cv-12110 (EFH) in the U.S. District Court,
District of Massachusetts), NMFS conducted an analysis of the mixed-
stock exception, under old and new guidelines on this subject, to
determine if either provision was applicable to the development of
Framework Adjustment 42 to the FMP. Based upon this analysis, NMFS
concluded that the mixed-stock exception, under the old and new
guidelines, was not a viable alternative for the Council or NMFS to
consider or implement for overfished stocks addressed by Framework
Adjustment 42 or for any future conservation or management measures
related to overfished stocks. This analysis concluded that: (1) This
provision creates an exception from the requirement to end overfishing,
but does not eliminate the need to rebuild overfished stocks within
rebuilding timeframes established consistent with the Magnuson-Stevens
Act; (2) cannot be applied to overfished stocks pursuant to the
National Standard 1 Guidelines; and (3) cannot be used to jeopardize
the rebuilding programs of overfished stocks. Currently, at least 12 NE
[[Page 69390]]
multispecies regulated species or ocean pout stocks are overfished and
12 are subject to overfishing, with overfished stocks found in each of
the differential DAS counting areas proposed under this AM. Because
this AM is intended to prevent overfishing, applying the mixed-stock
exception to avoid implementing differential DAS counting in any stock
area due to an overage of the sub-ACL allocated to the common pool
would likely lead to overfishing of already overfished stocks.
Accordingly, NMFS has determined that the mixed-stock exception is
neither applicable, nor justified under the proposed measures for this
AM.
Table 4--Differential DAS Factor Applied as an Accountability Measure
During FYs 2010/2011
------------------------------------------------------------------------
Proportion of ACL caught Differential DAS factor
------------------------------------------------------------------------
0.5....................................... 0.5
0.6....................................... 0.6
0.7....................................... 0.7
0.8....................................... 0.8
0.9....................................... No change.
1.0....................................... No change.
1.1....................................... 1.1
1.2....................................... 1.2
1.3....................................... 1.3
1.4....................................... 1.4
1.5....................................... 1.5
1.6....................................... 1.6
1.7....................................... 1.7
1.8....................................... 1.8
1.9....................................... 1.9
2.0....................................... 2.0
------------------------------------------------------------------------
Starting in FY 2012, common pool vessels would be subject to a
hard-TAC AM. Under this AM, the sub-ACL availab