Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2011 Sector Operations Plans and Contracts, and Allocation of Northeast Multispecies Annual Catch Entitlements, 23076-23108 [2011-9711]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 23076-23108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9711]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110201085-1212-02]
RIN 0648-XY55


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; 2011 Sector Operations 
Plans and Contracts, and Allocation of Northeast Multispecies Annual 
Catch Entitlements

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

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule partially approves and implements 19 
sector operations plans and contracts for fishing year (FY) 2011. NMFS 
received sector operations plans and contracts from the following 22 
sectors: The Georges Bank (GB) Cod Fixed Gear Sector; the Maine Permit 
Bank Sector; the Massachusetts Permit Bank Sector; the New Hampshire 
Permit Bank Sector; the Northeast Coastal Communities Sector; Northeast 
Fishery Sectors II through XIII; the Port Clyde Community Groundfish 
Sector; the Rhode Island Permit Bank Sector; Sustainable Harvest 
Sectors 1 and 3; and the Tri-State Sector. This interim final rule 
partially approves the operations plans and contracts, and allocates an 
annual catch entitlement (ACE) of certain NE multispecies stocks to the 
following 19 sectors: The GB Cod Fixed Gear Sector; the Maine Permit 
Bank Sector; the Northeast Coastal Communities Sector; Northeast 
Fishery Sectors II through XIII; the Port Clyde Community Groundfish 
Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector. 
The Massachusetts Permit Bank Sector, the New Hampshire Permit Bank 
Sector, and the Rhode Island Permit Bank Sector, were unable to fulfill 
the roster requirements, and, therefore, were not approved to operate 
in FY 2011. Certain exemptions proposed in the operations plans have 
not been approved, as explained in detail below. Additionally, NMFS is 
modifying, for the purposes of this rule, the definition for 
``unmarketable'' fish (see Exemption 11) and will accept further 
comment on this definition. NMFS is also accepting further comment on 
final sector membership. NMFS will publish a subsequent final rule, if 
necessary, making any further changes to this definition or in light of 
additional comments on changes to membership of sectors since the 
publication of this rule.

DATES: Effective May 1, 2011, through April 30, 2012. Written comments 
must be received on or before May 10, 2011.

ADDRESSES: You may submit comments on the new definition of 
``unmarketable'' fish and changes to sector membership, identified by 
0648-XY55, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: https://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Allison Murphy.
     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.
    Instructions: All comments received are part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or

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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, Microsoft 
Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of each sector's final operations plan, contract, the 
environmental assessment (EA), and the Final Regulatory Flexibility 
Analysis (FRFA) are available from the NMFS Northeast Regional Office: 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930. These documents 
are also accessible via the Federal eRulemaking Portal: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Sector Policy Analyst, 
phone (978) 281-9122, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: A proposed rule soliciting public comment on 
19 sector operations plans and contracts was published in the Federal 
Register on February 28, 2011 (76 FR 10852), with public comments 
accepted through March 15, 2011. After review of the public comments, 
NMFS has partially approved 19 sector operations plans and contracts 
after determining the operations plans to be consistent with the goals 
of the NE Multispecies Fishery Management Plan (FMP), as described in 
Amendment 16 to the NE Multispecies FMP and other applicable laws, and 
in compliance with the proposed measures that govern the development 
and operation of a sector as specified in Section 4.2.3 of Amendment 
16. Certain exemptions proposed in the operations plans have not been 
approved, as explained in detail below.

Background

    The final rule for Amendment 13 to the FMP (69 FR 22906, April 27, 
2004) implemented the GB Cod Hook Sector in 2004, and the Framework 
Adjustment 42 final rule (71 FR 62156, October 23, 2006) implemented 
the GB Cod Fixed Gear Sector in 2006. The final rule implementing 
Amendment 16 (75 FR 18262; April 9, 2010) revised and expanded the 
rules for sectors and authorized an additional 17 new sectors, 
including the Northeast Coastal Communities Sector, Northeast Fishery 
Sectors I through XIII, the Port Clyde Community Groundfish Sector, the 
Sustainable Harvest Sector, and the Tri-State Sector, in accordance 
with the revised Amendment 16 rules. Framework Adjustment 45 (FW 45), 
which is being implemented concurrently with this action, further 
revises the rules for these existing sectors and authorizes five new 
sectors (for a total of 24 sectors). The 5 sectors newly authorized by 
FW 45 are the Maine Permit Bank Sector, the Massachusetts Permit Bank 
Sector, the New Hampshire Permit Bank Sector, the Rhode Island Permit 
Bank Sector, and Sustainable Harvest Sector 3.
    In accordance with Amendment 16, the proposed rule for this action 
discussed authorization of 22 sector operations plans and contracts for 
FY 2011. As discussed in the proposed rule, NMFS received sector 
operations plans and contracts from the following 22 sectors: The GB 
Cod Fixed Gear Sector; the Maine Permit Bank Sector; the Massachusetts 
Permit Bank Sector; the New Hampshire Permit Bank Sector; the Northeast 
Coastal Communities Sector; Northeast Fishery Sectors II through XIII; 
the Port Clyde Community Groundfish Sector; the Rhode Island Permit 
Bank Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-State 
Sector. This rule partially approves the operations plans and 
contracts, and allocates an ACE of certain NE multispecies stocks to 
the following 19 sectors: The GB Cod Fixed Gear Sector; the Maine 
Permit Bank Sector; the Northeast Coastal Communities Sector; Northeast 
Fishery Sectors II through XIII; the Port Clyde Community Groundfish 
Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector. 
The Massachusetts Permit Bank Sector, the New Hampshire Permit Bank 
Sector, and the Rhode Island Permit Bank Sector, were unable to fulfill 
the roster requirements, and, therefore, their operations were not 
approved for FY 2011. Since FW 45 revises some rules for all existing 
sectors and authorizes an additional five sectors, NMFS suggests that 
interested readers review the final rule for FW 45 to fully understand 
the measures being implemented in this final rule.
    Amendment 16 defined a sector as ``[a] group of persons (three or 
more persons, none of whom have an ownership interest in the other two 
persons in the sector) holding NE multispecies limited access vessel 
permits who have voluntarily entered into a contract and agree to 
certain fishing restrictions for a specified period of time, and which 
has been granted a TAC(s) [sic] in order to achieve objectives 
consistent with applicable FMP goals and objectives.'' A sector's total 
allowable catch (TAC) is referred to as an ACE. Regional Administrator 
approval is required for these sectors to be authorized to fish and to 
be allocated an ACE for stocks of regulated NE multispecies during each 
FY. Each individual sector's ACE for a particular stock represents a 
share of that stock's annual catch limit (ACL) available to commercial 
NE multispecies vessels, based upon the potential sector contribution 
(PSC) of permits participating in that sector for that FY. Therefore, 
sectors will be allocated all regulated multispecies stocks for which 
members have landings history, with the exception of Atlantic halibut, 
windowpane flounder, Atlantic wolffish, and Southern New England/Mid-
Atlantic (SNE/MA) winter flounder. Sectors will also not be allocated 
ocean pout. Sectors are self-selecting, meaning each sector maintains 
the ability to choose its members. Sectors may pool harvesting 
resources and consolidate operations to fewer vessels, if they desire.
    Concurrent with the implementation of FW 45, NMFS and the states of 
Maine, Massachusetts, New Hampshire, and Rhode Island have entered into 
separate Memoranda of Agreement (MOA) for the administration of state-
managed permit banks in accordance with grants awarded to these states. 
Terms and conditions for permit banks include: The permit banks may 
only transfer out ACE, it may not transfer in ACE; the permit banks may 
only transfer ACE to sectors for use by vessels that are 45 ft (13.72 
m) in length or smaller, based out of ports with a population of 30,000 
residents or less.
    For state permits banks to transfer ACE to approved sectors under 
the current regulations, each state permit bank developed and submitted 
an operations plan. Although the states of Massachusetts, New 
Hampshire, and Rhode Island met deadline requirements when submitting 
their operations plans and contracts, they were unable to fulfill 
roster requirements in time for their sectors to be considered in this 
rulemaking process for FY 2011. The Maine Permit Bank Sector, the only 
permit bank sector that met all of the requirements, consists of two 
privately held permits, as well as an additional five permits that are 
owned by the State of Maine. The permits owned by the State of Maine 
must abide by the terms of the MOA.

Sector ACEs

    As of February 1, 2011, 836 of the 1,475 eligible NE multispecies 
permits, which accounts for 98.8 percent of the historical commercial 
NE multispecies landings during the Amendment 16 qualifying period, 
have indicated their intent to participate in a sector for FY 2011 (see 
Table 1). Following input

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during the public comment period for FW 45, and based on industry 
request, NMFS has allowed for a limited opportunity for additional 
changes to sector rosters for FY 2011 to accommodate permit holders who 
took ownership of their limited access NE multispecies permit(s) after 
the December 1, 2010, roster deadline. Reopening the rosters provides 
additional flexibility to new permit holders without disrupting the 
organization of sectors; however, each sector may decide whether or not 
a member may leave the sector and whether or not to accept new members. 
This window to reopen FY 2011 sector rosters began on March 23, 2011, 
and will end on April 30, 2011. An announcement of this limited 
opportunity to reopen sector rosters was sent out to all sector 
managers on March 16, 2011, and to all NE multispecies permit holders 
on March 23, 2011. All permits enrolled in a sector, and the vessels 
associated with those permits, have until April 30, 2011, to withdraw 
from a sector and fish in the common pool for FY 2011, if they so 
choose. NMFS will publish final sector ACEs, based upon final rosters 
for FY 2011 and common pool sub-ACL totals, as soon as possible after 
the start of FY 2011 on May 1, 2011. This final rule responds to public 
comments on the proposed rule and implements the approved regulatory 
exemptions that were requested by the individual sectors.
    Table 2 details the maximum cumulative PSC (a percentage) each 
sector will receive based on their rosters as of February 1, 2011. 
Tables 3a and 3b detail the maximum ACEs (in thousands of pounds and 
metric tons, respectively) each sector will be allocated based on their 
February 1, 2011, sector rosters for FY 2011. While the common pool 
does not receive a specific allocation of ACE, it has been included in 
each of these tables for comparison.
    Note that individual sector members are not assigned a PSC for 
Eastern GB cod or Eastern GB haddock; rather each sector is allocated a 
portion of the GB cod and GB haddock ACE to harvest exclusively in the 
Eastern U.S./Canada Area. The amount of cod and haddock that a sector 
may harvest in the Eastern U.S./Canada Area is calculated by 
multiplying the cumulative PSC of the GB cod and GB haddock allocated 
to a sector by the Eastern U.S./Canada Area by the GB cod and GB 
haddock TACs, respectively.
    Each sector is required to ensure that its ACE is not exceeded 
during the FY. Sectors are required to monitor their landings, track 
their available ACE, and submit weekly catch reports to NMFS. In 
addition, the sector manager is required to provide NMFS with aggregate 
sector reports on a daily basis when a threshold (specified in the 
operations plan) is reached. Once a sector's ACE for a particular stock 
is caught, a sector is required to cease all fishing operations in that 
stock area until it acquires additional ACE for that stock. Each sector 
must also submit an annual report to NMFS and the New England Fishery 
Management Council (Council) within 60 days of the end of the FY 
detailing all of the sector's catch (landings and discards of all 
stocks by the sector), enforcement actions, and pertinent information 
necessary to evaluate the biological, economic, and social impacts from 
the sector, as directed by NMFS.
    In accordance with Amendment 16, at the start of FY 2011, NMFS will 
withhold 20 percent of each sector's FY 2011 ACE for each stock for a 
period of up to 61 days, to allow time to process any FY 2010 ACE 
transfers submitted after May 1, 2011, and to determine whether the FY 
2011 ACE allocated to any sector needs to be reduced, or any overage 
penalties need to be applied to accommodate an FY 2010 ACE overage by 
that sector. At the request of the Council, NMFS is relaxing the May 14 
deadline to submit ACE transfers for FY 2010. NMFS will allow sectors 
to transfer FY 2010 ACE for 14 days after the date that NMFS provides 
final FY 2010 catch data to sectors. NMFS will notify the Council and 
sectors of this date in writing.
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Sector Operations Plans and Contracts

    All sectors must submit an operations plan and sector contract to 
NMFS by a specified deadline to be authorized to fish and receive an 
allocation of groundfish for the following FY. Of the 24 (19 current 
and 5 newly authorized under FW 45) sectors, a total of 19 sectors met 
the operations plan deadline and the roster deadline for FY 2011, 
including the Maine Permit Bank Sector. Two of the 24 sectors, the GB 
Cod Hook Sector and Northeast Fishery Sector I, again elected not to 
submit operations plans for FY 2011, and three sectors, the 
Massachusetts Permit Bank Sector, the New Hampshire Permit Bank Sector, 
and the Rhode Island Permit Bank Sector, were unable to fulfill the 
roster requirements, and, therefore, were not approved for operations 
in FY 2011. Two of the FY 2011 sectors, Northeast Fishery Sector IV and 
Sustainable Harvest Sector 3, will operate as private lease-only 
sectors. The Sustainable Harvest Sector 3 has not explicitly prohibited 
fishing activity, and may transfer permits onto active vessels. Each 
sector operations plan contains the rules under which each approved 
sector would fish. The sector contract provides the legal contract that 
binds members to a sector and its operations plan. Most sectors 
submitted one document to NMFS that encompasses both the operations 
plan and contract.
    While each sector conducts fishing activities according to its 
approved operations plan, Amendment 16 contains numerous provisions 
that apply to all sector operations plans and sector members. All 
permit holders with a limited access NE multispecies permit that was 
valid as of May 1, 2008, are eligible to participate in a sector, 
including holders of permits currently held in confirmation of permit 
history (CPH). While membership in each sector is voluntary, each 
member (and his/her permits enrolled in the sector) must remain with 
the sector for the entire FY, and cannot fish in the NE multispecies 
days-at-sea (DAS) program outside of the sector (i.e., in the common 
pool) during the FY. Participating vessels are required to comply with 
all Federal fishing regulations, unless specifically exempted by a 
letter of authorization (LOA) issued by the Regional Administrator, as 
part of the approved sector's operations plan, as described further 
below.
    Sector operations plans may be amended in-season if a change is 
necessary and agreed to by NMFS, provided the change is consistent with 
the sector administration provisions. These changes would be included 
in updated LOAs issued to sector members and through amendments to the 
approved operations plan.
    Sector vessels are required to retain all legal-sized allocated 
groundfish, unless an exemption is granted allowing sector vessels to 
discard legal-sized unmarketable fish at sea (see Exemption 10 below). 
Catch (including discards) of all allocated groundfish stocks by a 
sector's vessels counts against the sector's ACE, unless the catch is 
an element of a separate ACL sub-component, such as groundfish bycatch 
caught when fishing in an exempted fishery, or yellowtail flounder 
caught when fishing in the Atlantic sea scallop fishery. Sector vessels 
fishing for monkfish, skate, lobster (with non-trap gear), and spiny 
dogfish when on a sector trip (e.g., not fishing under provisions of a 
NE multispecies exempted fishery) shall have their groundfish catch 
(including discards) on those trips debited against the sector's ACE. 
Discard ratios applied to sectors will be determined by NMFS, based on 
observed trips.
    All vessels that fish in an approved sector, with the exception 
noted below, must receive a LOA for FY 2011 to fish under regulations 
that apply to the sector in which they are enrolled and to be exempted 
from the regulations that otherwise would be applicable if the vessels 
were not fishing as a sector vessel. Permits and vessels enrolled in 
Northeast Fishery Sector IV, which is a lease-only sector, will not 
receive an LOA to fish, as no vessels in that sector are authorized to 
actively fish.
    Amendment 16 required sectors to develop independent third-party 
dockside monitoring programs (DSM) for monitoring landings and 
utilization of ACE, and to verify landings at the time they are weighed 
by the dealer to certify that the landing weights are accurate as 
reported by the dealer. FW 45, which is being implemented concurrently 
with this action, changes the required coverage level for DSM to the 
level NMFS is able to fund, up to 100-percent coverage through FY 2012, 
prioritizing coverage for trips that have not received at-sea or 
electronic monitoring. In addition, FW 45 removes DSM requirements (a 
reporting requirement) from the list of prohibited exemptions for 
sectors.
    Each sector operations plan and contract provides procedures to 
enforce the sector operations plan, explains sector monitoring and 
reporting requirements, presents a schedule of penalties, and provides 
authority to sector managers to issue stop fishing orders to sector 
members that violate provisions of the contract. Sector members may be 
held jointly and severally liable for ACE overages, discarding of 
legal-sized fish, and/or misreporting of catch (landings or discards). 
Each sector operations plan and contract submitted for FY 2011 
withholds an initial reserve from the sector's sub-allocation to each 
individual member to prevent the sector from exceeding its ACE. Each 
sector operations plan and contract also details the method for initial 
ACE allocation to sector members; for FY 2011, each sector will allow 
each member to harvest an amount of fish equal to the amount that 
member's permit(s) contributed to the sector's ACE.
    In order to comply with the National Environmental Policy Act 
(NEPA) in an efficient manner, a single EA was prepared analyzing all 
19 operations plans. The sector EA is tiered from the Environmental 
Impact Statement (EIS) prepared for Amendment 16. The summary findings 
of the EA conclude that each sector will likely produce similar effects 
that result in non-significant impacts. An analysis of aggregate sector 
impacts was also conducted and Finding of No Significant Impact for the 
sector EA were issued by the Regional Administrator on April 13, 2011.
    Amendment 16 created several universal exemptions that are 
applicable to all sectors, including exemptions from: Trip limits on 
allocated stocks; the GB Seasonal Closure Area; NE multispecies DAS 
restrictions; the requirement to use a 6.5-inch (16.51-cm) mesh codend 
when fishing with selective gear on GB; and portions of the GOM Rolling 
Closure Areas. Amendment 16 prohibits sectors from requesting 
exemptions from year-round closed areas, permitting restrictions, gear 
restrictions designed to minimize habitat impacts, and reporting 
requirements (not including DAS reporting requirements). FW 45 removes 
DSM from the reporting requirements from which sectors may not be 
exempted. Sectors may request additional exemptions from NE 
multispecies regulations through their sector operations plan. 
Additional background information on requested exemptions for FY 2011 
can be found in the proposed rule for this action.

Approved FY 2011 Sector Exemption Requests

    In addition to the universal exemptions in Amendment 16, sectors 
requested 31 additional exemptions from the NE multispecies regulations 
in their FY 2011 sector operations plans. After thorough review and 
consideration of public comments on

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the exemption requests, NMFS authorizes 17 exemptions from the 
following regulations for the individual sectors that requested them, 
the first 9 of which were previously approved in FY 2010: (1) 120-day 
block out of the fishery required for Day gillnet vessels; (2) 
prohibition on a vessel hauling another vessel's gillnet gear; (3) 
limitation on the number of gillnets that may be hauled on GB when 
fishing under a groundfish/monkfish DAS; (4) limitation on the number 
of gillnets imposed on Day gillnet vessels; (5) 20-day spawning block 
out of the fishery required for all vessels; (6) limits on the number 
of hooks that may be fished; (7) DAS Leasing Program length and 
horsepower restrictions; (8) prohibition on the possession or use of 
squid or mackerel in the Closed Area I (CA I) Hook Gear Haddock Special 
Access Program (SAP); (9) sink gillnet mesh size restrictions in the 
GOM from January through April; (10) extension of sink gillnet mesh 
size restrictions in the GOM through the month of May; (11) prohibition 
on discarding; (12) daily catch reporting by Sector Managers for 
vessels participating in the CA I Hook Gear Haddock SAP; (13) trawl 
gear restrictions in the U.S./Canada Management Area; (14) the 
requirement to power a VMS while at the dock; (15) DSM requirements for 
vessels fishing west of 72[deg]30' W. long.; (16) DSM requirements for 
Handgear A-permitted Sector Vessels; and (17) DSM Requirements for 
monkfish trips in the monkfish Southern Fishery Management Area (SFMA). 
Details of these exemptions are discussed below.
    This interim final rule approves FY 2011 exemption requests only 
for sectors that requested those exemptions through their sector 
operations plans and contracts. The accompanying EA has analyzed all 
exemption requests as if all sectors had requested the exemptions. 
Therefore, sectors not granted an approved exemption may request any of 
the approved exemptions at any time during the FY, except the 
discarding exemption, and could add these exemptions to their 
operations plans and contracts through amendments. NMFS will accept 
additional public comment on this approach.

1. 120-Day Block Out of the Fishery Requirement for Day Gillnet Vessels

    The 120-day block out of the fishery requirement for Day gillnet 
vessels was implemented in 1997 under Framework 20 (62 FR 15381; April 
1, 1997) to help ensure that management measures for Day gillnet 
vessels were comparable to effort controls placed on other fishing gear 
types, given that gillnets continue to fish as long as they are in the 
water. Regulations at 50 CFR 648.82(j)(1)(ii) require that each NE 
multispecies gillnet vessel declared into the Day gillnet category 
declare and take 120 days out of the non-exempt gillnet fishery each 
FY. Each period of time taken must be a minimum of 7 consecutive days, 
and at least 21 of the 120 days must be taken between June 1 and 
September 30. An exemption from this requirement was previously 
approved for FY 2010 based upon the rationale that this measure was 
designed to control fishing effort and, therefore, is no longer 
necessary for sectors because sectors are restricted to an ACE for each 
groundfish stock, which limits overall fishing mortality. This 
exemption is again approved in FY 2011 based on the same rationale. 
Approval of this exemption increases the operational flexibility of 
sector vessels and is expected to increase profit margins of sector 
fishermen. For additional information pertaining to this exemption and 
other exemptions previously approved in FY 2010, please refer to the 
proposed and final sector rules for FY 2010 sectors (74 FR 68015, 
December 22, 2009; and 75 FR 18113, April 9, 2010, respectively). The 
exemption from the Day gillnet 120-day block requirement has been 
approved for the GB Cod Fixed Gear Sector; the Northeast Coastal 
Communities Sector; Northeast Fishery Sectors III, V-VIII, and X-XIII; 
the Port Clyde Community Groundfish Sector; Sustainable Harvest Sectors 
1 and 3; and the Tri-State Sector.

2. Prohibition on a Vessel Hauling Another Vessel's Gillnet Gear

    Regulations at Sec. Sec.  648.14(k)(6)(ii)(A) and 648.84(a) specify 
the manner in which gillnet gear must be tagged, requiring that 
information pertinent to the vessel owner or vessel be permanently 
affixed to the gear. No provisions exist in the regulations allowing 
for multiple vessels to haul the same gear. An exemption from this 
regulation, which was previously approved in FY 2010 because it was 
determined that the regulations pertaining to hauling and setting 
responsibilities are no longer necessary when sectors are confined to 
an ACE for each stock, would allow a sector to share fixed gear among 
vessels, thereby reducing costs. This exemption is again approved in FY 
2011 based on the same rationale. Consistent with the exemption as 
originally approved, the sectors requesting this exemption have agreed 
that all vessels utilizing community fixed gear will be jointly liable 
for any violations associated with that gear. Additionally, each member 
intending to haul the same gear will be required to tag the gear with 
the appropriate gillnet tags, consistent with Sec.  648.84(a). The 
exemption from the prohibition against hauling another vessel's gear 
has been approved for the GB Cod Fixed Gear Sector; Northeast Fishery 
Sectors III, VI-VIII, and X-XII; the Port Clyde Community Groundfish 
Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

3. Limitation on the Number of Gillnets That May Be Hauled on GB When 
Fishing Under a Groundfish/Monkfish DAS

    Regulations at Sec.  648.80(a)(4)(iv) prohibit Day gillnet vessels 
fishing on a groundfish DAS from possessing, deploying, fishing, or 
hauling more than 50 nets on GB were implemented as a groundfish 
mortality control under Amendment 13. An exemption from the limit on 
the number of gillnets that may be hauled on GB when fishing under a 
groundfish/monkfish DAS was previously granted in FY 2010 because it 
would allow nets deployed under existing net limits under the Monkfish 
FMP to be hauled more efficiently by vessels dually permitted under 
both FMPs. This exemption is again approved in FY 2011 based on the 
same rationale. The exemption from the limitation on the number of 
gillnets that may be hauled on GB when fishing under a groundfish/
monkfish DAS has been approved for the GB Cod Fixed Gear Sector; 
Northeast Fishery Sectors III, V-VIII, and X-XIII; Sustainable Harvest 
Sectors 1 and 3; and the Tri-State Sector.

4. Limitation on the Number of Gillnets for Day Gillnet Vessels

    Current gear restrictions in the groundfish regulated mesh areas 
(RMA) restrict Day gillnet vessels from fishing more than: 100 gillnets 
(of which no more than 50 can be roundfish gillnets) in the GOM RMA 
(Sec.  648.80(a)(3)(iv)); 50 gillnets in the GB RMA (Sec.  
648.80(a)(4)(iv)); and 75 gillnets in the SNE and MA RMAs (Sec. Sec.  
648.80(b)(2)(v) and 648.80(c)(2)(iv), respectively). This exemption was 
previously approved in FY 2010, and allows sector Day gillnet vessels 
to fish up to a maximum of 150 nets (any combination of flatfish or 
roundfish nets) in any RMA, and provides greater operational 
flexibility to sector vessels in deploying gillnet gear. This exemption 
was previously approved for FY 2010 because it is designed to control 
fishing effort and is no longer necessary, since each sector is 
restricted by an ACE for each stock,

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which caps overall fishing mortality. This exemption is again approved 
in FY 2011 based on the same rationale. The exemption from the limit on 
the number of gillnets for Day gillnet vessels has been approved for 
the GB Cod Fixed Gear Sector; Northeast Fishery Sectors III, V-VIII, 
and X-XIII; the Port Clyde Community Groundfish Sector; Sustainable 
Harvest Sectors 1 and 3; and the Tri-State Sector.

5. 20-Day Spawning Block

    Regulations at Sec. Sec.  648.82(b)(6) and 648.82(g) require 
vessels to refrain from fishing in NE multispecies DAS program for a 
20-day period each calendar year between March 1 and May 31, when 
spawning is most prevalent in the GOM. This 20-day period must be 
declared in advance. This regulation was developed to reduce fishing 
effort on spawning groundfish stocks and an exemption was approved for 
FY 2010 sectors based upon the rationale that the sector's ACE will 
restrict fishing mortality, making this measure no longer necessary as 
an effort control. This exemption is again approved in FY 2011 based on 
the same rationale. An exemption from this requirement provides vessel 
owners greater flexibility to plan operations according to fishing and 
market conditions. The exemption from the 20-day block requirement has 
been approved for the GB Cod Fixed Gear Sector; the Northeast Coastal 
Communities Sector; Northeast Fishery Sectors II-III and V-XIII; the 
Port Clyde Community Groundfish Sector; Sustainable Harvest Sectors 1 
and 3; and the Tri-State Sector.

6. Limitation on the Number of Hooks That May Be Fished

    Current regulations for the GOM RMA, GB RMA, SNE RMA, and MA RMA at 
Sec. Sec.  648.80(a)(3)(iv)(B)(2), 648.80(a)(4)(iv)(B)(2), 
648.80(b)(2)(iv)(B)(1), and 648.80(c)(2)(v)(B)(1), respectively, 
prohibit vessels from fishing or possessing more than 2,000 rigged 
hooks in the GOM RMA, more than 3,600 rigged hooks in the GB RMA, more 
than 2,000 rigged hooks in the SNE RMA, or more than 4,500 rigged hooks 
in the MA RMA. This measure, which was initially implemented in 2002 
through an interim action (67 FR 50292; August 1, 2002) and made 
permanent through Amendment 13, was designed to control fishing effort. 
An exemption from the limitation on the number of hooks that a vessel 
may fish was approved for FY 2010 because it would allow sector vessels 
to more efficiently harvest ACE and is no longer a necessary control on 
effort by sector vessels. This exemption is again approved in FY 2011 
based on the same rationale. The exemption from the limitation on the 
number of hooks that may be fished has been approved for the GB Cod 
Fixed Gear Sector; the Northeast Coastal Communities Sector; Northeast 
Fishery Sectors III, VI-VIII, and X-XII; the Port Clyde Community 
Groundfish Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-
State Sector.

7. Length and Horsepower Restrictions on DAS Leasing

    While sector vessels are exempt from the requirement to use NE 
multispecies DAS to harvest groundfish, sector vessels have been 
allocated, and still need to use, NE multispecies DAS for specific 
circumstances. For example, the Monkfish FMP includes a requirement 
that limited access monkfish Category C and D vessels harvesting more 
than the incidental monkfish possession limit must fish under both a 
monkfish and a groundfish DAS. Therefore, sector vessels may still use, 
and lease, NE multispecies DAS.
    An exemption from the DAS Leasing Program length and horsepower 
baseline restrictions on DAS leases among vessels within individual 
sectors, as well as between vessels in different sectors, was approved 
in FY 2010. Restricting sectors to their ACEs eliminates the need to 
use vessel characteristics to control groundfish fishing effort. 
Further, exemption from this restriction allows sector vessels greater 
flexibility in the utilization of ACE and DAS. Providing greater 
flexibility in the distribution of DAS could result in increased effort 
on non-allocated target stocks, such as monkfish and skates. However, 
sectors predicted little consolidation and little redirection of effort 
to non-allocated species in their FY 2010 operations plans. In 
addition, any potential redirection in effort would be restricted by 
the sector's ACE for each stock, as well as by effort controls in other 
fisheries (e.g., monkfish trip limits and DAS). This exemption is again 
approved in FY 2011 based on the same rationale. The exemption from the 
length and horsepower restrictions on DAS leasing has been approved for 
the GB Cod Fixed Gear Sector; the Maine Permit Bank Sector; all 12 
Northeast Fishery Sectors; the Port Clyde Community Groundfish Sector; 
Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

8. Prohibition on the Possession or Use of Squid or Mackerel in the CA 
I Hook Gear Haddock SAP

    The restriction on the possession or use of squid or mackerel as 
bait in the CA I Hook Gear Haddock SAP was originally approved by the 
Council in Framework 41, and analyzed in the FEIS for Framework 41, but 
inadvertently not included in the regulations implementing Framework 
41. To correct this oversight, this provision was implemented in the 
Amendment 16 final rule. This restriction was intended to control the 
catch rates of cod, as squid and mackerel have been demonstrated to 
result in higher catch rates of cod. NMFS received comments on 
Amendment 16 that the bait restrictions should not apply to sector 
vessels. In the final rule implementing Amendment 16, NMFS stated that 
``* * * because the Council did not provide for a specific exemption 
from such bait restriction in Amendment 16, NMFS cannot provide a 
sector an exemption from the bait requirements for this SAP in the 
final rule.'' However, because the bait restriction in Framework 41 was 
included under Section 4.2.2.2 ``Requirements for Vessels not in the 
Hook Sector,'' NMFS has determined that Framework 41 specified that 
this bait restriction applied only to vessels fishing outside of a 
sector (i.e., the common pool). Based on this, NMFS intends to revise 
the current regulations for this requirement in an upcoming correction 
rule and, until the correction is effective, exempt any interested 
sector from this provision for FY 2011. Until the correction rule 
becomes effective, this exemption from this bait restriction has been 
approved for the GB Cod Fixed Gear Sector.

9. Sink Gillnet Mesh Size Restrictions in the GOM From January Through 
April

    The regulations require a minimum mesh size of 6.5 inches (16.51 
cm) for gillnets in the GOM RMA (Sec.  648.80(a)(3)(iv)). Minimum mesh 
size requirements have been used to reduce overall mortality on 
groundfish stocks, as well as to reduce discarding of, and improve 
survival of, sub-legal groundfish. An exemption from this requirements 
allows sector vessels to use 6-inch (15.24-cm) mesh stand-up gillnets 
in the GOM RMA from January 1, 2012, to April 30, 2012, when fishing 
for haddock. The designation of this season is consistent with the 
pilot program originally proposed in Amendment 16 and is the time 
period when haddock are most available in the GOM. Sector vessels 
utilizing this exemption would be prohibited from using tie-down 
gillnets on trips in the GOM, however, sector vessels may transit the 
GOM RMA with tie-down gillnets, provided they are properly stowed and 
not available for immediate

[[Page 23086]]

use in accordance with one of the methods specified at Sec.  648.23(b). 
Day gillnet vessels granted the sector exemption from Day gillnet net 
limits, as explained under Exemption 4, are not subject to the general 
net limit in the GOM RMA, and thus are able to fish up to 150 nets in 
the GOM RMA. To maximize the flexibility for vessels fishing under both 
exemptions, NMFS is allowing Day gillnet vessels granted both the Sink 
Gillnet Mesh Size Restrictions in the GOM exemption and the general net 
limit exemption to fish up to 150 stand-up sink gillnets in the GOM RMA 
during this period (up to 150 nets total in all RMAs). Day gillnets 
vessels participating in a sector that have not also been approved for 
the general net limit exemption are restricted to the limit of 50 
stand-up sink gillnets during this period. To improve enforceability 
and increase flexibility, vessels using this exemption must declare 
their intent on a trip-by-trip basis through a VMS form. There is no 
limit on the number of nets that participating Trip gillnet vessels are 
able to fish with, possess, haul, or deploy, during this period, 
because Trip gillnet vessels are required to remove all gillnet gear 
from the water before returning to port at the end of a fishing trip.
    For additional information pertaining to this exemption, please 
refer to the proposed and final supplemental rules for FY 2010 sector 
operations plans and contracts (75 FR 53939, September 2, 2010 and 75 
FR 80720, December 23, 2010, respectively). The exemption from sink 
gillnet mesh size restrictions in the GOM from January through April 
has being approved for the GB Cod Fixed Gear Sector; Northeast Fishery 
Sectors III, VI-VIII, and X-XII; the Port Clyde Community Groundfish 
Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

10. Extension of the Sink Gillnet Mesh Size Restrictions in the GOM 
Through May

    For a full description of the Sink Gillnet Mesh Size Restrictions 
in the GOM, please see Exemption 9 of this section. As stated above 
under Exemption 9, the implementation of the sink gillnet mesh size 
restriction in the GOM during the January through April season is 
consistent with the pilot program originally proposed in Amendment 16 
and is the time period when haddock are most available in the GOM. 
Since fishing effort by sector vessels is restricted by ACE for 
allocated stocks, overall mortality is capped. Extending this exemption 
through May will provide sector vessels the opportunity to potentially 
catch more GOM haddock, a fully rebuilt stock, and will also provide 
sector participants the opportunity to more fully harvest their 
allocation of GOM haddock, thereby increasing efficiency and revenues 
for vessel participating in this program. All provisions specified 
under Exemption 8 also apply to this exemption. The extension of the 
exemption of the sink gillnet mesh size restriction in the GOM through 
May has been being approved for the GB Cod Fixed Gear Sector, and 
Northeast Fishery Sectors III, VI-VIII, and X.

11. Prohibition on Discarding

    Current regulations prohibit sector vessels from discarding legal-
sized fish of any of the 14 stocks allocated to sectors while at sea 
(Sec.  648.87(b)(1)(v)(A)): GB cod, GOM cod, GB haddock, GOM haddock, 
GB yellowtail flounder, SNE/MA yellowtail flounder, CC/GOM yellowtail 
flounder, plaice, witch flounder, GB winter flounder, GOM winter 
flounder, redfish, white hake, and pollock. Amendment 16 contained this 
provision to ensure that the sector's ACE is accurately monitored. 
Sectors requested a partial exemption from this prohibition because of 
concerns that retaining and landing large amounts of unmarketable fish, 
including fish carcasses, creates operational difficulties and 
potentially unsafe working conditions for sector vessels at sea. NMFS 
has approved a partial exemption from the requirement to retain all 
legal-sized fish for FY 2011 sectors, which will allow sector vessels 
to discard these fish. However, all legal-sized unmarketable allocated 
fish will be accounted for in the overall sector-specific discard rates 
in the same way discards of undersized fish are currently accounted 
for, through observer and at-sea monitor coverage. The final 
supplemental rule to implement amendments to 17 FY 2010 sector 
operations plans and contracts initially defined unmarketable fish as 
``any legal-sized fish the vessel owner/captain elects not to retain 
because of condition or marketability problems.'' The intent of this 
exemption is to permit the discarding of fish that cannot be sold 
because of physical damage, not because of market price or 
availability; the regulations implementing Amendment 16 were developed 
to reduce the potential for any high-grading of catch. Therefore, NMFS 
is revising its definition of ``unmarketable'' fish. For the purpose of 
this regulatory exemption, ``unmarketable'' fish is re-defined as ``any 
legal-sized fish the vessel owner/captain elects not to retain because 
of poor quality as a result of damage prior to, or from, harvest.'' 
NMFS is requesting additional comments on this revised definition of 
``unmarketable'' fish and, depending on comments provided by the 
public, may further revise the definition in a future action. NMFS will 
publish a subsequent final rule, if necessary, with any changes to this 
definition. The definition of unmarketable fish will be included in the 
sector's LOA.
    All vessels in a sector opting for this exemption will be required 
to discard legal-sized unmarketable fish at sea on all trips (i.e., not 
just on select trips). Legal-sized unmarketable fish, as defined by the 
vessel operator, will be prohibited from being landed to prevent the 
potential to skew observed discards. NMFS intends to modify the sector-
specific discard rates for each sector utilizing this exemption because 
this exemption represents a change to the treatment of unmarketable 
fish (from landings to discards). Once the discarding exemption takes 
effect and the discard rates have been modified, unmarketable fish 
discarded by the sector's vessels on observed trips will be deducted 
from the sector's ACE and incorporated into the sector's discard rates 
to account for discarding under this exemption on unobserved trips.
    This exemption will enhance operational flexibility, foster safer 
working conditions for sector vessels, and relieve the burden on sector 
vessels and their dealers from having to dispose of the unmarketable 
fish upon landing. The determination of what fish should be discarded 
under this exemption is at the discretion of the vessel operator, but 
must be based on physical damage to the fish. There is an incentive for 
vessel operators to retain and market as much of their catch of 
allocated stocks as possible to maximize the value of the sector's ACE, 
because discarded fish will still count against the sector's ACE and be 
incorporated into the sector's discard rates, without any financial 
benefit. Thus, it is unlikely that this exemption will lead to 
additional mortality, but will provide flexibility to sector vessels. 
This exemption is expected to result in negligible impacts to allocated 
species, non-allocated species, and bycatch, because discarded 
unmarketable fish are already dead. Impacts to protected resources and 
the physical environment are also expected to be negligible because 
overall effort by sectors is limited by an ACE. Implementation of this 
exemption for all sectors may increase safety at sea, and may increase 
the expected profit margins of fishermen by eliminating any costs 
associated with disposal of unmarketable fish, thereby resulting in

[[Page 23087]]

a positive impact on sector participants. The discarding exemption, in 
combination with the required reporting of legal-sized unmarketable 
fish discarded, will improve the monitoring of this portion of sector 
catch, particularly on unobserved sector trips. NMFS cannot add this 
exemption to a sector's operations plan in season, because adjusting 
sector-specific discard rates mid-season would disrupt the cumulative 
year-long dataset used to monitor the sector's ACE. The discard 
exemption has been approved for the GB Cod Fixed Gear Sector; and 
Northeast Fishery Sectors XI-XIII.

12. Daily Catch Reporting by Sector Managers for Vessels Participating 
in the CA I Hook Gear Haddock SAP

    The regulations at Sec.  648.85(b)(7)(v)(C) require that sector 
vessels that declare into the CA I Hook Gear Haddock SAP submit daily 
catch reports to the sector manager, and that the sector manager report 
catch information to NMFS on a daily basis. This reporting requirement 
was originally implemented through Framework 40A, to facilitate real-
time monitoring of quotas by NMFS. Amendment 16 granted authority to 
the Regional Administrator to determine if weekly sector reports were 
sufficient for the monitoring of most SAPs. Through the final rule 
implementing Amendment 16, the Regional Administrator alleviated 
reporting requirements for sector vessels participating in other 
Special Management Programs (SMPs), but reporting requirements were 
retained for the CA I Hook Gear Haddock SAP, because NMFS must continue 
to monitor an overall haddock TAC that applies to sector and common 
pool vessels fishing in this SAP. This rule exempts sector managers 
from the daily reporting requirement for the CA I Hook Gear Haddock 
SAP.
    NMFS evaluated the possibility of using the sector manager's weekly 
report, rather than daily reports, to monitor the TAC. Sector weekly 
reports are received in a timely enough manner to adequately monitor 
other SAPs. However, the weekly reports, in their current form, would 
not provide sufficient information, and would require NMFS and all 
sectors to update their reporting systems to accommodate any change to 
the weekly report to gather sufficient information. Requiring all 
sectors to modify their individual systems would produce unnecessary 
burden on sectors whose vessels do not participate in this SMP. 
However, participating vessels could submit a daily VMS catch report 
directly to NMFS containing all required information, analogous to the 
requirements for common pool vessels to satisfy this reporting 
requirement. Therefore, as proposed, an exemption from the daily catch 
reporting requirements for sector managers for member vessels 
participating in the CA I Hook Gear Haddock SAP with the requirement 
that sector vessels submit daily VMS catch reports directly to NMFS has 
been approved for the GB Cod Fixed Gear Sector and the Northeast 
Coastal Communities Sector.

13. Trawl Gear Requirements in the U.S./Canada Management Area

    Current regulations require that a NE multispecies vessel fishing 
with trawl gear in the Eastern U.S./Canada Area must fish with a Ruhle 
trawl, a haddock separator trawl, or a flounder trawl net. The final 
rule implementing Amendment 13 clarified that the restriction to use a 
haddock separator trawl or a flounder trawl net was designed to 
``ensure that the U.S./Canada TACs are not exceeded. Because both the 
flounder net and haddock separator trawl are designed to affect cod 
selectivity, and because the cod TAC is specific to the Eastern U.S./
Canada Area only, application of this gear requirement to the Western 
U.S./Canada Area is not necessary to achieve the stated goal.'' The 
requirement to utilize a Ruhle trawl in the Eastern U.S./Canada Area 
was implemented through several inseason actions, and made permanent in 
Amendment 16. This gear configuration was originally authorized for its 
demonstrated ability to allow the targeting of haddock, an under-
harvested stock, while reducing bycatch of cod and yellowtail flounder 
stocks, which were identified as overfished. The addition of the Ruhle 
Trawl to gear previously approved (haddock separator trawl and flounder 
trawl net) provided added flexibility to trawl vessels.
    An exemption from these specific gear requirements will enhance 
operational flexibility for sector vessels while not impacting overall 
fishing mortality given that sectors are constrained by the allocated 
ACE for each stock. An exemption from the gear requirements in the 
U.S./Canada Management Area has been approved for Northeast Fishery 
Sectors II and V, the Sustainable Harvest Sectors 1 and 3, and the Tri-
State Sector. Any trawl gear not currently approved for the U.S./Canada 
Management Area, but utilized under this exemption, will be included in 
the standard otter trawl discard rate strata. For sectors approved to 
utilize this exemption, NMFS will apply the final sector-specific FY 
2010 standard otter trawl rate derived for stocks in the Western GB 
stock area as the initial discard rate for FY 2011, prior to 
transitioning into an inseason discard rate based upon observed trips 
in those strata.

14. Requirement To Power a VMS While at the Dock

    The regulations at Sec.  648.10(b)(4) require that a vessel issued 
certain categories of NE multispecies permits, or participating in a 
sector, must have an operational VMS unit onboard. Additionally, the 
regulations at Sec.  648.10(c)(1)(i) require that the VMS units onboard 
a NE multispecies vessel transmit accurate positional information 
(i.e., polling) at least every hour, 24 hr per day, throughout the 
year. Amendment 5 first included the requirement for vessels to use VMS 
(59 FR 9872; March 1, 1994). While the requirement to use VMS was 
delayed until a later action (FW 42 ultimately implemented a VMS 
requirement for NE multispecies DAS vessels), NMFS supported polling 
due to its ability to insure adequacy of monitoring requirements and 
address enforcement concerns, and because it could be beneficial in the 
event of an at-sea emergency.
    Under certain circumstances, the regulations at Sec.  648.10(c)(2) 
allow NMFS to issue a LOA allowing vessels to sign out of the VMS 
program for a minimum of 30 consecutive days. An exemption from the 
requirement to power a VMS at the dock request is administrative in 
nature, and is expected to have negligible impacts to allocated 
species, non-allocated species, protected resources, and the physical 
environment. Additionally, this exemption provides operational 
flexibility for sector vessels and may help to lower the costs 
associated with the operation of a VMS unit. Because sector managers 
are ultimately responsible for ensuring that their sector members 
adhere correctly to the operations plans requirements, the enforcement 
concerns related to powering down at the dock are mitigated. For these 
reasons, an exemption from the requirement to power a VMS while at the 
dock has been approved for the GB Cod Fixed Gear Sector; the Northeast 
Coastal Communities Sector; Northeast Fishery Sectors IV, VI, and X; 
the Port Clyde Community Groundfish Sector, and the Tri-State Sector. 
Vessels will be granted this exemption provided the vessel is at the 
dock and not underway. The Regional Administrator reserves the right to 
revoke this exemption, should it be determined that the exemption is 
being misused or abused. Vessels granted this exemption and electing to

[[Page 23088]]

power down must submit the appropriate VMS declaration, as specified on 
the sector's LOA. Since sectors may only request exemptions from NE 
multispecies regulations, this exemption only applies to NE 
multispecies requirements; vessels must continue to comply with the 
requirements of other FMPs for which the vessel is permitted. For 
instance, a vessel in a sector granted this exemption that has a 
surfclam/ocean quahog permit would still need to have an active VMS 24 
hr a day, 7 days a week.

15. DSM Requirements for Vessels Fishing West of 72[deg]30' W. long.

    Upon receiving requests for an exemption from the DSM requirement 
(Sec.  648.87(b)(1)(v)(B)(1)) for vessels fishing in SNE and MA waters 
during FY 2010, the Regional Administrator, in a September 1, 2010, 
letter to the Council, requested that the Council consider establishing 
a geographic boundary outside of which DSM would not be required. At 
its November 18, 2010, meeting, the Council considered this request and 
voted to remove DSM from the list of prohibited exemptions.
    Several Northeast Fishery Sectors and the Sustainable Harvest 
Sector proposed exemptions from areas in the SNE and MA RMAs; the 
Northeast Fishery Sectors requested an exemption from DSM requirements 
when fishing in certain statistical areas (615, 616, 621, 622, 623, 
625, 626, 627, 631, 632, 633, 635, 637, and 638) and the Sustainable 
Harvest Sector requested an exemption from DSM requirements for vessels 
fishing west of 72[deg]30' W. long. All noted that historical data 
indicate that little groundfish incidental catch has been observed in 
these areas, and monitoring of such trips is burdensome and not a 
beneficial use of financial resources. Using VMS declarations and 
Vessel Trip Report (VTR) data, NMFS has verified that little groundfish 
has been landed from these areas. For example, VTR data from FY 2009 
indicates that of 1,220 groundfish trips fishing west of 72[deg]30' W. 
long., 74 trips (approximately 6 percent) landed a total of 11,345 lb 
(5,146.01 kg) of groundfish. Similarly, VTR data available from FY 2010 
(May 1, 2010 through February 3, 2011) indicates that 8 out of 390 
trips (2 percent) fishing west of this line landed approximately 1,500 
lb (680.39 kg) of groundfish.
    NMFS believes that one exemption area based on a longitudinal line 
will better facilitate enforcement and, therefore, has approved the 
request for a southern boundary drawn along the 72[deg]30' W. long. 
line, where vessels that fish exclusively west of this line on a 
fishing trip would be exempted from DSM requirements for that trip. 
Vessels fishing under this exemption must stow all gear capable of 
catching groundfish consistent with the regulations at Sec.  648.23(b) 
while steaming to or from areas west of 72[deg]30' W. long. Sectors 
electing to utilize this exemption must coordinate with their 
contracted DSM providers to establish a method to exclude these trips 
from DSM.
    Trip start and trip end hails are used by NMFS to coordinate the 
deployment of enforcement resources in monitoring offloads. Therefore, 
NMFS will continue to require vessels utilizing this exemption to 
comply with all hail requirements. An exemption from DSM requirements 
for vessels fishing west of 72[deg]30' W. long. has been approved for 
the GB Cod Fixed Gear Sector, Northeast Fishery Sectors III, V-VI, X-
XII, Sustainable Harvest Sectors 1 and 3, and the Tri-State Sector; as 
well as Northeast Fishery Sectors VII,VIII, and XIII, which requested 
an exemption from DSM requirements when fishing in certain statistical 
areas.

16. DSM Requirements for Handgear A-Permitted Sector Vessels

    The FY 2011 proposed rule included two requests for exemption from 
DSM requirements (Sec.  648.87(b)(1)(v)(B)(1)) for vessels using hook 
gear (Exemption 22: DSM Requirements for Jig Vessels and Exemption 26: 
DSM, Roving Monitoring, and Hail Requirements for Hook-only or Handgear 
Vessels), noting that vessels utilizing this gear type are among the 
smallest operators, have historically landed small amounts of 
groundfish, and are able to target certain species with little 
incidental catch of other allocated groundfish species. The sectors 
pointed out that the cost of monitoring these trips is 
disproportionately high, due to the comparatively small amount of catch 
that this gear type yields, and that the proceeds from these trips may 
be less than the cost of deploying monitors.
    FW 45 removes DSM requirements in FY 2011 for Handgear A- and B-
permitted vessels, as well as for Small Vessel-permitted vessels 
(Category HA, HB and C, respectively) in the common pool, because the 
small quantities of groundfish landed by these permit categories would 
make monitoring such trips uneconomical. Consistent with flexibility 
provided for Handgear-permitted vessels in FW 45, NMFS has partially 
approved the two exemption requests highlighted above, allowing limited 
access Handgear A-permitted sector vessels to be exempt from DSM 
requirements. As explained in the proposed rule, hail requirements 
(including trip start and trip end hails) remain reporting 
requirements, and sectors may not be exempted from such provisions. 
Additionally, hails are used by NMFS to coordinate the deployment of 
enforcement resources in monitoring offloads. An exemption from DSM 
requirements for Handgear A-permitted sector vessels has been approved 
for the GB Cod Fixed Gear Sector, the Northeast Coastal Communities 
Sector, and Northeast Fishery Sectors VI and X.

17. DSM Requirements for Monkfish Trips in the Monkfish SFMA

    Amendment 13 specified that sectors are responsible for monitoring 
sector catch, and Amendment 16 expanded this requirement. Unless a 
vessel is fishing in a NE multispecies exempted fishery specified in 
Sec.  648.80, directed monkfish, skate and dogfish trips are considered 
a sector trip. Several sectors requested exemptions from DSM while on 
directed fishing trips for monkfish, skate, and/or dogfish, contending 
that: Data collected from observed FY 2010 trips demonstrate that 
little groundfish incidental catch occurs in these fisheries, making 
the cost of DSM per pound of groundfish too low to support it; and that 
the implementation of DSM in FY 2010 has not met the objectives stated 
in Amendment 16 in an economically efficient manner.
    NMFS cited several operational concerns about exempting these trips 
from DSM in the proposed rule for this action. Vessels fishing on a 
directed monkfish, dogfish, or skate trip, outside of an exempted 
fishery, must declare a NE multispecies DAS or sector trip through VMS 
or IVR prior to starting their trip because the gear utilized on such 
trips has the ability to catch groundfish, and because groundfish 
retention is permitted. It is currently impossible to distinguish most 
directed fishing trips for monkfish, skate and/or dogfish from directed 
fishing trips for groundfish because neither the skate nor the spiny 
dogfish FMPs currently require VMS. It is not possible for a groundfish 
action to implement VMS requirements for fisheries managed under other 
FMPs.
    Trawl vessels fishing on a NE multispecies DAS or on a sector trip 
in the Southern New England RMA must use a minimum 6-inch (15.2-cm) 
diamond mesh or 6.5-inch (16.5-cm) square mesh through the body and 
6.5-inch (16.5-cm) square or diamond mesh applied to the codend of a 
trawl net (648.80(b)(2)(i)). Day and Trip gillnet vessels must fish 
with a minimum mesh size of 6.5 inches (16.5 cm) throughout the entire 
net (Sec.  648.80(b)(2)(iv)). Monkfish management measures at

[[Page 23089]]

Sec.  648.91(c)(1)(i) require vessels fishing under the monkfish DAS 
program with trawl gear in the SFMA to utilize a minimum 10-inch (25.4-
cm) square or 12-inch (30.5-cm) diamond mesh throughout the codend and 
for at least 45 continuous meshes forward of the terminus of the net. 
The monkfish regulations also require vessels fishing under the 
monkfish DAS program with gillnet gear to fish with a minimum diamond 
mesh size of 10 inches (25.4 cm) or larger (Sec.  648.91(c)(1)(iii)). 
Vessels that are issued both monkfish limited access and NE 
multispecies limited access permits must comply with the more 
restrictive set of management measures. Therefore, a vessel that is 
fishing under concurrent monkfish DAS and NE multispecies DAS on a 
sector trip must abide by the more restrictive monkfish gear 
requirements.
    Since publication of the proposed rule for this action, NMFS was 
able to identify a subset of groundfish trips under concurrent 
monkfish/NE multispecies DAS. Data from VTRs from April 2010 through 
March 2011 for this subset of trips show sector trips declared into the 
SFMA monkfish fishery using 10-inch (25.4-cm) or larger mesh, as 
required in the Monkfish FMP, landed only a small amount (1,248 lb, or 
566.1 kg) of groundfish on 18 trips out of the 847 trips declared in 
the monkfish SFMA through March, 31, 2011. Based on this information, 
NMFS has approved an exemption from dockside monitoring for sector 
trips declared into the SFMA when fishing on a concurrent monkfish/NE 
multispecies DAS trip provided that the vessel fishes the entirety of 
its trip in the SFMA. Sector vessels utilizing this exemption must have 
non-conforming gear stowed as specified in Sec.  648.23(b), and comply 
with dockside monitoring hail requirements specified at Sec.  
648.87(b)(5)(i)(A). Sector vessels utilizing this exemption must 
determine with their dockside monitoring provider how to notify their 
provider that a given sector trip is utilizing this exemption. 
Therefore, NMFS has partially approved an exemption from DSM 
requirements for directed monkfish trips for gillnet and trawl vessels 
on concurrent NE multispecies and monkfish DAS trips when declared into 
the monkfish SFMA and fishing with 10-inch (25.4-cm) or greater mesh 
size nets for the Northeast Coastal Communities Sector; Northeast 
Fishery Sectors III, V-X, and XIII; and the Tri-State Sector.

Special Management Program (SMP) Reporting Requirements

    Amendment 16 provided the Regional Administrator with the authority 
to remove SMP-specific reporting requirements for sectors if it is 
determined that the reporting requirements are unnecessary. Consistent 
with the provisions adopted under Amendment 16, NMFS retained 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. For FY 2010, the 
Regional Administrator determined that daily SMP-specific VMS catch 
reports for vessels participating in sectors were unnecessary, because 
sectors were allocated ACE for most NE multispecies regulated species, 
and ocean pout, 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. For these same reasons, the 
Regional Administrator has determined, unless otherwise noted above, 
that SMP-specific reporting requirements are not necessary to monitor 
sector catch for FY 2011. This exemption from the SMP reporting 
requirements for sector vessels will not apply to vessels participating 
in the CA I Hook Gear Haddock SAP, as 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 
is maintained for the CA I Hook Gear Haddock SAP only.

Disapproved Exemption Requests

    After