Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Amendment 16 and Framework Adjustment 44, 24444-24456 [2011-10442]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Proposed Rules]
[Pages 24444-24456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100526226-0229-01]
RIN 0648-AY95


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Amendment 16 and 
Framework Adjustment 44

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

ACTION: Proposed rule; correcting amendment; request for comments.

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SUMMARY: This rule proposes to make corrections and clarifications to 
existing regulations to ensure consistency with measures adopted by the 
New England Fishery Management Council (Council) to regulate the 
Northeast (NE) multispecies fishery and to provide additional 
flexibility for some of the reporting regulatory requirements. The 
current regulations governing the NE multispecies fishery contain a 
number of inadvertent errors, omissions, and potential inconsistencies 
with measures adopted by the Council and approved by the Secretary of 
Commerce (Secretary) in recent actions regarding the NE Multispecies 
Fishery Management Plan (FMP). NMFS takes this action under the 
authority of section 305(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and solicits 
public comments on the proposed corrections and clarifications to these 
regulations.

DATES: Written comments must be received on or before May 17, 2011.

ADDRESSES: You may submit comments, identified by 0648-AY95, 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 to Correct/
Clarify the NE Multispecies Regulations.''
    Instructions: 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 the Regulatory Impact Review (RIR) prepared for this 
action are available from the Regional Administrator at the above 
address. Copies of previous management actions, including Amendment 16 
and Framework Adjustment (FW 44) and the respective Final Environmental 
Impact Statements (FEISs) and Environmental Assessments (EAs) prepared 
for each action are available from Paul J. Howard, Executive Director, 
New England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950. These documents are 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 the Office of Management and Budget (OMB) by e-mail at 
OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management 
Specialist, phone: 978-675-2153, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The most recent management actions in the NE multispecies fishery 
(Amendment 16 and FW 44) were both implemented by final rules that 
published in the Federal Register on April 9, 2010 (75 FR 18262 and 75 
FR 18356, respectively), and became effective on May 1, 2010. Amendment 
16 and FW 44 implemented measures necessary to end overfishing and 
rebuild overfished stocks based on new or existing rebuilding programs 
and to comply with annual catch limit (ACL) and accountability measure 
(AM) requirements of the Magnuson-Stevens Act. Amendment 16 also 
substantially revised existing sector management measures and 
established new sectors.

[[Page 24445]]

Amendment 16 superseded measures implemented by an emergency final rule 
(74 FR 17030, April 13, 2009) which was promulgated to immediately 
reduce overfishing on certain groundfish stocks managed by the FMP 
until long-term measures could be implemented by the Amendment 16 final 
rule.
    The final rules implementing Amendment 16 and FW 44, as well as 
other previous actions, contained several inadvertent errors, 
omissions, and items inconsistent with the intent of these actions, as 
identified below. This action proposes to correct these errors, and 
clarify or modify the current regulations to ensure consistency with 
their original intent. Also, changes are made to some of the 
regulations to provide additional flexibility for some of the 
administrative requirements, such as allowing sector managers more time 
to complete their weekly reports or exempting vessels from sending a 
vessel trip report (VTR) on a set-only trip. NMFS proposes this action 
under section 305(d) of the Magnuson-Stevens Act which provides that 
the Secretary of Commerce may, on its own, promulgate regulations 
necessary to ensure that an FMP or its amendments are carried out in 
accordance with the provisions of this Act. The following proposed 
corrections are listed in the order in which they appear in the 
regulations; the last section of proposed corrections is found 
throughout the regulations.

Proposed Measures

1. VTR Requirements

    The current VTR regulations require that a VTR be submitted by a 
vessel operator upon entering port with fish. This suggests that 
vessels that may have conducted fishing activity, but that did not 
catch any fish, do not have to submit a VTR for that trip. This is 
inconsistent with VTR instructions provided to vessels by NMFS, with 
industry practice, and the purpose of VTRs. Information for trips on 
which fishing occurred, but no fish were caught, provides important and 
necessary fishing data necessary to help evaluate the status of stocks 
and provides fishing effort information used for future management 
decisions. To ensure that vessels submit a VTR for all trips that 
conduct fishing activity, this action proposes to revise the VTR 
submission regulations to remove the language that states that only 
trips that land fish must submit a VTR, with an exception for vessels 
on a set-only trip.
    Set-only trips would be defined as a fishing trip on which a 
federally permitted vessel deploys gear with the intention of 
retrieving it on a separate trip and does not haul-back or retrieve any 
gear capable of catching fish on that trip. While set-only trips fall 
under the definition of fishing in the Magnuson-Stevens Act, VTRs from 
trips that only set gear and do not intend to land fish, do not contain 
information pertinent to management decisions and should therefore not 
be required in this instance. Since these trips would have zero catch 
and there are limited resources for dockside and at-sea monitoring (DSM 
and ASM, respectively) coverage requirements implemented by Amendment 
16, prioritization of coverage is necessary to ensure trips intending 
to possess or land fish receive DSM and ASM coverage. Because exempting 
set-only trips from VTR, DSM, and ASM requirements could create an 
incentive for a vessel operator to participate in fishing after 
declaring a set-only trip, and avoid the VTR, DSM, and ASM 
requirements, as well as avoid any financial costs associated with 
these programs, this action proposes to include regulations in Sec.  
648.14 that would prohibit vessels on a set-only trip from possessing 
or landing any fish species on that trip. Based on an industry request, 
NMFS has recently made accommodations for vessels that leave port 
exclusively to set fixed gear by exempting them from submitting a VTR 
for such trips, to reduce unnecessary reporting and monitoring 
requirements when no fish are landed.

2. Dealer Prohibitions

    Current regulations at Sec.  648.14(k)(3)(i) are not explicit as to 
whether they apply to the importation of foreign-caught NE 
multispecies. Amendment 16 added Atlantic wolffish to the FMP, and 
included it as a zero-retention species, along with Southern New 
England (SNE)/Mid-Atlantic (MA) winter flounder, ocean pout, and 
windowpane flounder. The current dealer provisions in this section 
could allow the importation of the zero-retention species specified in 
Amendment 16 that would otherwise be prohibited. This creates an 
unnecessary enforcement burden for NMFS in cases where a dealer 
lawfully may be in possession of prohibited species that were obtained 
from sources other than U.S. fishing vessels. In addition, the 
regulations do not currently prohibit the export of these zero-
retention species. This action proposes to revise the regulatory text 
to read that it is unlawful for any dealer or person acting in the 
capacity of a dealer to ``possess, import, export, transfer, land, or 
receive as a dealer, regulated species pursuant to Sec. Sec.  648.82, 
648.85, 648.86, or 648.87'' for the purposes of eliminating any 
uncertainty whether zero-retention species can be imported or exported.

3. Regulated Mesh Area (RMA)

    The regulations at Sec.  648.80(a)(3)(vi) state that a vessel may 
not fish in either the Gulf of Maine (GOM) or Georges Bank (GB) 
Exemption Area unless fishing under certain restrictions, including the 
provisions of an exempted fishery. This paragraph references some, but 
inadvertently, not all of the exempted fisheries, specifically the 
exempted fisheries outlined at Sec.  648.80(a)(15), (a)(16), and 
(a)(18). Therefore, this action would revise the regulations at Sec.  
648.80(a)(3)(vi) to reference all applicable exempted fisheries through 
Sec.  648.80(a)(18) and update other references within Sec.  648.80 to 
be more consistent with current regulations.

4. Applicability of Restricted Gear Areas (RGA)

    Amendment 16 adopted RGAs that require a common pool vessel, 
fishing any part of a trip within a RGA under a NE multispecies day-at-
sea (DAS), to use selective gear (i.e., a haddock separator trawl, a 
Ruhle trawl, a rope separator trawl, hook gear, or flatfish or 
roundfish gillnets with mesh size greater than or equal to 10 inches 
(25.4 cm)) to reduce the catch of species requiring substantial 
reductions in fishing mortality. The current regulations implementing 
this provision at Sec.  648.81(n) require that these gear restrictions 
apply to all NE multispecies limited access vessels fishing any part of 
a trip within a RGA. This proposed rule would revise this paragraph to 
clarify that the RGAs only apply to vessels fishing under a NE 
multispecies DAS, to maintain consistency with the original intent of 
Amendment 16.

5. Small Vessel Category Possession Limits

    The Amendment 7 final rule, published May 31, 1996 (61 FR 27709), 
exempted vessels with a NE multispecies Small Vessel category permit 
from using NE multispecies DAS when fishing for groundfish. In 
addition, Amendment 7 exempted the Small Vessel category from specific 
trip limits for specific species. Regulations at Sec.  648.82(b)(5)(i) 
specify that a vessel electing to fish under the Small Vessel category 
may retain up to 300 lb (136.1 kg) of cod, haddock, and yellowtail 
flounder, combined, and one Atlantic halibut per trip, without being 
subject to DAS restrictions, provided the vessel does not exceed the 
yellowtail flounder trip limit restrictions specified under

[[Page 24446]]

Sec.  648.86(g). Additionally, this paragraph currently states that 
vessels with a Small Vessel category permit are not subject to trip 
limits for other NE multispecies. Since that time, Amendment 16 
prohibited the possession of four species in any fishery (windowpane 
flounder, ocean pout, Atlantic wolffish, and SNE/MA winter flounder). 
The current Small Vessel category regulations could be interpreted to 
mean that Small Vessel category permits may possess these prohibited 
species, which would undermine the purpose of the prohibition on 
possessing these species. Therefore, this proposed rule would change 
the reference to ``Sec.  648.86(g)'' in Sec.  648.82(b)(5)(i) to read 
``Sec.  648.86,'' and remove the sentence ``Such vessel is not subject 
to a possession limit for other NE multispecies'' to more accurately 
reflect the trip limits revised by Amendment 16 and FW 44.

6. Default AM for Stocks Not Allocated to Sectors

    The recent reauthorization of the Magnuson-Stevens Act required 
fishery management councils to establish a mechanism to specify ACLs 
for each managed stock such that overfishing does not occur in the 
fishery, and AMs that would prevent these ACLs from being exceeded in 
the future and to address any overages of these ACLs that may occur. 
Amendment 16 was developed to affect these changes in the NE 
Multispecies FMP. The Amendment 16 final rule established a process to 
specify and distribute ACLs among various segments of the fishery that 
catch NE multispecies stocks, along with AMs that apply only to a 
subset of these segments of the fishery, specifically the directed 
commercial and recreational NE multispecies fisheries, and the Atlantic 
herring fishery. To ensure that overfishing does not occur on each NE 
multispecies stock as a whole due to excessive catch by fisheries not 
subject to AMs, Section 4.2.1.3 of the Amendment 16 document states 
that ``controls on the portion of the fishery that is subject to AMs 
must be sufficient to prevent overfishing on the stock as a whole,'' 
consistent with the National Standard 1 Guidelines (January 16, 2009; 
74 FR 3178).
    The Amendment 16 final rule indicated that the groundfish fishery 
would be responsible for any excessive catch of regulated NE 
multispecies and ocean pout stocks by vessels that are not subject to 
AMs and fishing outside of the FMP as specified under Sec.  
648.90(a)(5)(ii). This includes vessels fishing for regulated NE 
multispecies and ocean pout in state waters outside the FMP, catching 
regulated NE multispecies and ocean pout as part of an exempted 
fishery, or catching yellowtail flounder when participating in the 
Atlantic sea scallop fishery. Because Amendment 16 did not provide a 
specific allocation of Atlantic halibut, SNE/MA winter flounder, ocean 
pout, windowpane flounder, and Atlantic wolffish to sectors, these 
stocks are not subject to any sector-specific AMs. Therefore, the ACL 
available to the commercial NE multispecies fishery for each of these 
stocks is allocated entirely to common pool vessels, and the only AMs 
established for these stocks are those specified for common pool 
vessels. Thus, to maintain consistency with Amendment 16, the common 
pool AMs must consider the catch of these stocks by all vessels, 
including common pool vessels, sector vessels, and vessels fishing 
outside of the NE multispecies fishery.
    The regulation at Sec.  648.90(a)(4) implemented by the Amendment 
16 final rule indicated that common pool AMs would be triggered by 
excessive catch of vessels fishing outside of the NE Multispecies FMP, 
it did not specifically incorporate reference to excessive catch of 
stocks not allocated to sectors, as described above. Further, although 
the common pool differential DAS counting AM applies to all regulated 
NE multispecies and ocean pout stocks caught during fishing years (FYs) 
2010 and 2011, the hard total allowable catch (TAC) AM specified to 
begin in FY 2012 for common pool vessels does not provide effective AMs 
for several of these stocks, including ocean pout, windowpane flounder, 
and Atlantic halibut. However, the final rule implementing Amendment 16 
did not specifically address these deficiencies.
    This proposed rule would revise the common pool differential DAS 
counting AM regulations at Sec.  648.82(n)(1), the ACL distribution 
regulations at Sec.  648.90(a)(4)(iii)(E)(2), and the overall AM 
regulations at Sec.  648.90(a)(5) to clarify that sector vessel catch 
of stocks not allocated to sectors (i.e., Atlantic halibut, SNE/MA 
winter flounder, ocean pout, windowpane flounder, and Atlantic 
wolffish) during FYs 2010 and 2011 will be added to the catch of such 
stocks by common pool vessels during those FYs to determine if the 
common pool differential DAS counting AM will be triggered. This would 
ensure that the regulations implementing Amendment 16 correctly reflect 
the Council's intent and NMFS's understanding that the AMs applicable 
to the NE multispecies fishery must be sufficient to prevent 
overfishing on the stock as a whole for FYs 2010 and 2011. However, 
because the Council adopted specific measures as part of the FY 2012 
common pool hard-TAC AM that explicitly do not apply to all stocks, 
NMFS does not have the authority to revise the regulations in a 
correction rule to ensure that AMs are sufficient to prevent 
overfishing of the stock as a whole beginning in FY 2012. NMFS has 
communicated this deficiency to the Council in a letter dated January 
21, 2010. Measures to address deficient AMs for these stocks are 
currently being developed by the Council and are expected to be 
implemented in a separate action by the start of FY 2012 on May 1, 
2012.

7. Multispecies Minimum Fish Sizes and Fillet Provisions

    On August 10, 2007, a temporary emergency rule (72 FR 44979) 
reduced the haddock minimum size. That action suspended paragraph Sec.  
648.83(a)(1), and inserted paragraph Sec.  648.83(a)(3). The rule was 
extended through August 10, 2008, by a temporary emergency rule (72 FR 
64000) that published on November 14, 2007 and became effective on 
February 10, 2008. When this latter action expired, paragraph Sec.  
648.83(a)(1) was once again effective, but inadvertently, paragraph 
Sec.  648(a)(3) remained in the regulations. As a result, the current 
regulations at Sec.  648.83(a) now include two lists specifying minimum 
fish sizes. This rule proposes to correct this by removing paragraph 
Sec.  684.83(a)(3) in its entirety. This proposed rule will have no 
effect on legal fish sizes apart from what is in the current 
regulations and analyzed in Amendment 16.
    On March 1, 1994, Amendment 5 (59 FR 9872) created an exemption to 
allow crew members aboard a vessel issued a commercial NE multispecies 
permit to possess up to 25 lb (11.3 kg) of fillets that measure less 
than the minimum size, if such fillets are from legal-sized fish and 
were not sold, bartered or traded. At the time, DAS was the only effort 
control for the FMP, and the associated regulations applied this 
provision only to those vessels issued a limited access NE multispecies 
permit and fishing under a NE multispecies DAS. Amendment 16 
substantially revised sector measures to exempt sector vessels from DAS 
measures, provided they comply with hard quotas and area closures based 
on an allocation of most stocks managed by the FMP; however, it did not 
extend the 25-lb (11.3-kg) fillet exemption to vessels fishing under 
the sector provisions. NMFS believes that this exemption was meant to 
apply to all limited access NE multispecies DAS vessels, whether or not 
a vessel elects to fish under a DAS

[[Page 24447]]

or sector provisions in a given FY. Therefore, this action would expand 
the existing fillet exemption to all vessels issued a limited access NE 
multispecies DAS permit, including those that are fishing in a sector 
and exempt from fishing under a DAS. Consistent with the intent of 
Amendment 16 and the associated regulation at Sec.  648.87(b)(1)(v), 
all catch by a sector vessel, including fillets retained by crew for 
personal use, count against the applicable annual catch entitlement 
(ACE) for the sector in which that vessel participates.
    Currently, fillets and parts of fish as referenced at Sec.  
648.83(b) are counted at a rate of 3:1 solely for compliance purposes 
with DAS possession limits. That is, law enforcement multiplies the 
weight of fillets or parts of fish by 3 and adds that to the weight of 
whole fish on board. The total weight of whole fish and fillets 
combined, must comply with trip limits. When landing such fillets for 
personal consumption, the amount of fish taken home must be recorded in 
a vessel's VTR for that trip, under the code ``999998'' for ``home 
consumption.'' Because the current system does not accurately account 
for the disposition of fish landed under the ``home consumption'' field 
in VTRs, these fish are not currently counted against the common pool 
sub-ACL. Replacing the current 1:1 counting method with 3:1 counting 
for quota monitoring purposes would ensure that all fish being retained 
would be accounted for. This proposed correction would be consistent 
with the intentions of the FMP that all catch by common pool and sector 
vessels be accounted for, and would prevent a sector from unknowingly 
fishing over its respective ACE. Accordingly, fish retained for at-home 
consumption would be counted at the 3:1 rate.

8. Adjustments to U.S./Canada Management Area TAC

    Regulations at Sec.  648.85(a)(2)(ii) provide that any overages of 
GB cod and GB haddock TACs specified for either the common pool or an 
individual sector, and any overage of GB yellowtail flounder TAC 
specified for the common pool, an individual sector, or the scallop 
fishery in a given FY will be subtracted from the respective TAC in the 
following FY. However, Amendment 16 incorrectly states that the catch 
of stocks of yellowtail flounder by the scallop fishery will be treated 
as an ``other sub-component'' of the ACL until AMs for the catch of 
yellowtail flounder in the scallop fishery can be developed in an 
amendment to the Atlantic Sea Scallop FMP (i.e., Amendment 15). 
Therefore, this rule would remove the regulatory reference to the 
scallop fishery in Sec.  648.85(a)(2)(ii) and replace it with a 
reference to the overall groundfish AM provisions in Sec.  
648.90(a)(5)(ii). Since it is likely that the final rule implementing 
Scallop Amendment 15, if approved, will not be published by the start 
of the NE multispecies 2011 FY on May 1, 2011, this correction is 
necessary to ensure that any overage of the overall GB yellowtail 
flounder ACL caused by another fishery would be divided between the 
common pool and sector sub-components to determine if the respective 
AMs will be triggered.

9. Eastern U.S./Canada Landing Limit Restrictions

    Amendment 16 revised the existing closure provisions for the 
Eastern U.S./Canada Area when 100 percent of the TAC is reached for GB 
cod. Amendment 16 revised the regulation at Sec.  
648.85(a)(3)(iv)(A)(2) to require that when 100 percent of the TAC is 
reached for GB cod, the Eastern U.S./Canada Area will be closed to all 
NE multispecies DAS vessels. This regulation maintains outdated 
language that fails to recognize the specific allocation of a portion 
of the Eastern U.S./Canada TACs for this stock to sectors. To maintain 
consistency with Amendment 16 and ensure that NMFS has the authority to 
close the Eastern U.S./Canada Area to each component of the NE 
multispecies commercial fishery that exceeded its allocation of the 
Eastern U.S./Canada Area GB cod TAC, this proposed rule would clarify 
the regulations at Sec.  648.85(a)(3)(iv)(A)(2) by closing the area to 
all limited access NE multispecies vessels subject to a particular TAC 
allocation, once that segment's allocation of the Eastern U.S./Canada 
Area GB cod TAC is projected to be caught.

10. Special Management Programs

    The current regulations at Sec.  648.85(b)(3)(x)(A) restrict the 
gear that may be used in the Closed Area II Yellowtail Flounder/Haddock 
Special Access Program (SAP) to only trawl gear when the SAP is open to 
targeting yellowtail flounder. This is not consistent with the measure 
originally implemented in the Amendment 13 final rule (69 FR 22906, 
April 27, 2004). This action would revise these regulations to clarify 
that vessels also may use hook gear or gillnet gear in this SAP when it 
is open to the targeting of yellowtail flounder by revising the text to 
state that NE multispecies vessels ``fishing with trawl gear'' must use 
a haddock separator trawl, flounder net, or Ruhle trawl.
    The FW 40A final rule, published November 14, 2004 (69 FR 67780), 
adopted the Regular B DAS Program. The program allows any eligible 
common pool vessel to harvest certain healthy groundfish stocks when 
fishing under a NE multispecies Regular B DAS, while minimizing bycatch 
of less healthy NE multispecies stocks through the use of selective 
gear types. Amendment 16 further revised the program, with updated 
stock status information, to focus the effort of the program on three 
stocks, including GB haddock. Amendment 16 required vessels fishing 
under the Regular B DAS Program in the GB cod stock area with trawl 
gear to use a haddock separator trawl, a Ruhle trawl, or other approved 
trawl gear with a codend composed of at least 6-inch (15.24-cm) diamond 
or square mesh. However, the regulations implementing Amendment 16 did 
not specify an area where the 6-inch (15.24-cm) mesh codends could be 
used. Therefore, this proposed rule would clarify the regulations at 
Sec.  648.85(b)(6)(iv)(J)(4) by specifying that the use of a 6-inch 
(15.24-cm) codend is only permitted within the GB cod stock area.
    In 2005, FW 41 revised the Closed Area I Hook Gear Haddock SAP 
measures affecting common pool vessels to address concerns identified 
by NMFS in the original submission of this SAP as part of FW 40-A. The 
final rule implementing FW 41 inadvertently did not include a provision 
restricting the bait that may be used by common pool vessels. The final 
rule implementing Amendment 16 rectified this oversight, but 
inadvertently, imposed the bait requirements on sector vessels. This 
action would revise the bait restrictions for this SAP specified at 
Sec.  648.85(b)(7)(iv)(E) and (vi) to only apply to common pool 
vessels.

11. Daily Landing Restrictions

    Current landing limit regulations at Sec.  648.86(m) prohibit NE 
multispecies permitted vessels from landing regulated NE multispecies 
or ocean pout more than once in any 24-hr period. These regulations 
provide an example that indicates that this period of time begins when 
a vessel departs port, rather than when the vessel returns to port and 
lands groundfish. Amendment 16 states that the intent was to be based 
upon time of landing. Therefore, this proposed rule would change the 
regulations at Sec.  648.86(m) by modifying the example to reflect the 
current regulations, which are correctly based upon time of landing. 
Additionally, the intent of Amendment 16 is to restrict NE multispecies 
permitted vessels from

[[Page 24448]]

landing NE multispecies or ocean pout more than once in any 24-hr 
period, rather than all fish species.

12. Sector ACE allocation

    The current regulations at Sec.  648.87(b)(1)(ii) state that a 
sector may only fish in a particular stock area if it has been 
allocated or acquires ACE for all stocks caught in that stock area. As 
written, this text could be interpreted to mean that a sector would 
have to be allocated or acquire ACE for a stock that sectors are not 
allocated, such as SNE/MA winter flounder, to be able to fish, for 
example, in the SNE/MA yellowtail flounder stock area. To clarify that 
sectors have the ability to fish in a particular stock area for a stock 
allocated to sectors, the text at Sec.  648.87(b)(1)(ii) would be 
revised to state that sectors may fish in each stock area provided it 
has been allocated or acquires ACE for those stocks ``allocated'' to 
sectors that are caught within that stock area.

13. Sector Monitoring

    As part of a DSM program, a sector is required to contract with an 
independent third-party DSM service provider to observe offloads by 
sector vessels to verify that landings are accurately reported. The DSM 
program requires all NE multispecies sector vessels on a sector trip in 
which the NE multispecies catch applies against the sector ACE to 
submit a trip-start hail (TSH) report to the DSM provider, which 
provides the information necessary to facilitate the deployment of a 
DSM. If the vessel operator does not receive a confirmation that the 
TSH report has been received within 10 min of sending the report, the 
current regulations at Sec.  648.87(b)(5)(i)(A)(1) require the vessel 
operator to contact the DSM service provider to confirm the receipt of 
the TSH report via a back-up system specified by the DSM service 
provider. While the regulations do not specify by what means a TSH must 
be transmitted, many sectors are using their existing VMS to transmit 
such reports. The delivery of such reports via VMS are often taking 
more than 10 min because the 10-min response requirement has proven to 
be impractical. Therefore, this action proposes to eliminate the 10-min 
requirement currently specified in Sec.  648.87(b)(5)(i)(A)(1), but 
still require the vessel operator to contact the DSM service provider 
via a back-up system, after a time determined by the DSM provider, to 
confirm the receipt of the TSH report.
    The DSM provisions require that, for a trip that is selected to be 
monitored, all offload events must be monitored, including offloads 
occurring at more than one location, offloads to a truck, and offloads 
at remote locations. The regulations at Sec.  648.87(b)(5)(ii)(B)(2) 
specify that the roving monitor (RM) must ``record all offloaded catch 
by species and market class'' for offloads to a truck. Based upon input 
from the fishing industry, NMFS has determined that the regulation 
requiring that species be sorted by market class is impractical, as 
sorting does not generally occur at offloads to trucks and in remote 
locations. Additionally, NMFS has determined that this information is 
unnecessary to accurately monitor landings data, as catch is monitored 
at the species/stock level and not at the level of market class. This 
proposed rule would change the data collection requirement for offloads 
to a truck by a RM to not require the species be sorted by market 
class, by removing the language ``and market class'' from regulations 
at Sec.  648.87(b)(5)(ii)(B)(2).
    The regulations at Sec.  648.87(b)(5)(ii)(B)(2) also require 
offloads to trucks to specify the number of totes of each species 
offloaded, the weight of fish in each tote, and that each tote is 
properly labeled with information that identifies the trip to which the 
tote is associated. The tote-tagging requirement is intended to ensure 
that all catch offloaded from a vessel to a truck can be tracked from 
the offload site to the dealer, where it will be accurately weighed and 
reported. Based on information provided by sector participants, some 
offloads to trucks occur within sight of a dealer due to limited 
capacity of a vessel to land directly to a dealer. To minimize the 
burden on RMs and the cost associated with such monitoring activities, 
this proposed rule would exempt the tote-tagging requirement only if 
the following three conditions are met: (1) The RM that observed the 
offload at the dock will also serve as the DSM when the truck is 
offloaded at the dealer; (2) the RM will follow the truck, in line of 
sight, from the remote offload location to the dealer where the actual 
weighing of the fish occurs; and (3) the truck is loaded with only the 
catch from the one trip being monitored.

14. Sector Reporting Requirements

    Amendment 16 implemented a number of sector reporting requirements, 
including weekly catch reports to be submitted to NMFS by each sector. 
The regulations at Sec.  648.87(b)(1)(vi)(B) specify that each sector 
must submit a weekly catch report by 2359 hr on Thursday of the week 
following the reporting week. Such reports contain detailed 
information, including: Week ending date, species, stock area, gear, 
number of trips, reported landings, discards, total catch, status of 
the sector's ACE, whether this is a new or updated record of sector 
catch for each NE multispecies stock allocated to that particular 
sector, sector enforcement issues, 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. Dealer reports for the 
same reporting period are utilized by sectors to accurately complete 
the weekly sector catch reports and for apportionment purposes. 
However, dealer data are not available until Wednesday. Based on sector 
manager input, one day has not been a sufficient amount of time to 
accurately complete the weekly sector catch reports. This proposed rule 
would provide additional flexibility Sec.  648.87(b)(1)(vi)(B) by 
extending the sector deadline submission for the weekly catch report 
from 2359 hr on Thursday, to 0700 hr on the second Monday for the same 
reporting week in question.

15. Recreational and Charter/Party Vessel Restrictions

    The April 24, 2000, final rule implementing measures approved under 
FW 33 (65 CFR 21658) created an exemption to allow NE multispecies 
charter/party permitted vessels to fish in the GOM Closed Areas 
provided such vessels obtained a letter of authorization (LOA) from 
NMFS. The regulations at Sec.  648.89(e)(3)(iv) implementing this 
provision state that a vessel may not use any NE multispecies DAS 
during the period of participation to ensure that vessels operating 
under the charter/party provisions cannot fish commercially within 
these closed areas. However, not all commercial NE multispecies vessels 
fish under a DAS. For example, vessels fishing under NE multispecies 
Small Vessel, Handgear A, and Handgear B categories are not required to 
use NE multispecies DAS to fish commercially. The Council's intent when 
developing this exemption was to provide the greatest flexibility for 
limited access vessels to engage in both party/charter and commercial 
fishing on a seasonal basis, while restricting limited access vessels 
carrying passengers for hire from selling their catch when fishing as a 
charter/party vessel within closed areas. This action would clarify the 
regulations by including language that states that vessels possessing 
an LOA to fish as a

[[Page 24449]]

charter/party vessel in the GOM Closed Areas cannot fish on a sector 
trip, under a NE multispecies DAS, or under the provisions of the Small 
Vessel, Handgear A, and Handgear B categories during the period of 
participation.
    The regulations at Sec.  648.89(d) would also be corrected to state 
that charter/party vessels could not sell, barter, trade, or otherwise 
transfer for a commercial purpose, or attempt to sell, barter, trade, 
or otherwise transfer for a commercial purpose, NE multispecies caught 
or landed while fishing in the U.S. Exclusive Economic Zone (EEZ) 
unless they are fishing under a NE multispecies ``sector trip,'' or 
fishing under a NE multispecies Handgear A, Handgear B, or Small Vessel 
Category C permit.

16. Applicability of Possession Prohibition for Certain Stocks

    While Amendment 16 clearly lists windowpane flounder and ocean pout 
as zero-retention species for all commercial NE multispecies vessels, 
it is less clear in defining whether vessels in other fisheries could 
possess such species. Section 4.3.2.1 of Amendment 16 indicates that 
possession of these stocks is prohibited by all fisheries. However, 
this section is specific to the effort control measures adopted for NE 
multispecies common pool vessels. Therefore, the final rule 
implementing Amendment 16 measures did not prohibit recreational and 
charter/party vessels or vessels fishing in other fisheries from 
possessing ocean pout and windowpane flounder. Based on further 
consultation with Council staff, it was determined that the intent of 
Amendment 16 was to prohibit the retention of these species by all 
vessels. Therefore, this action proposes to restrict the possession of 
windowpane flounder and ocean pout in all fisheries, including catch by 
recreational anglers, charter/party vessels, and other fisheries such 
as the scallop fishery. The possession of Atlantic wolfish and SNE 
winter flounder is already correctly prohibited by recreational anglers 
and charter/party vessels as specified at Sec.  648.89(c)(6) and (7) 
respectively.

17. Monkfish Declarations

    The regulations at Sec.  648.92(b)(1)(iii) allow a vessel fishing 
in the NE multispecies fishery to change its fishing activity 
declaration after leaving port to reflect the vessel operator's 
intention to also fish in the monkfish fishery on the same trip. These 
regulations were first implemented as part of FW 4 to the Monkfish FMP 
on September 21, 2007 (72 FR 53942), and pre-dated the development of 
Amendment 16. The applicability of the monkfish option is for a vessel 
fishing under a NE multispecies Category A DAS, which was the universal 
effort control in the NE multispecies fishing prior to the 
implementation of substantial revisions to sector measures under 
Amendment 16. However, NMFS believes that the Council's intent in 
Amendment 16 was not to exclude vessels from this option when fishing 
on a sector trip. Therefore, this action proposes to insert reference 
to vessels fishing on a NE multispecies sector trip to enable such 
vessels to also take advantage of the monkfish option.

18. Additional Corrections

    In addition to the changes specified above, the following changes 
to the regulations are proposed to correct inaccurate references and to 
further clarify the intent of the Council.
    In Sec.  648.10(k)(3)(ii), N. latitude, Point G9 would be corrected 
to read ``The intersection of the Cape Cod, MA, coastline and 
70[deg]00'' W. long.'' This current point incorrectly references the 
``South-facing shoreline of Cape Cod, MA.''
    Section Sec.  648.14(k)(6)(ii)(B) would be corrected to reference 
the special management programs at ``Sec.  648.85(b)(7)(iv)(E)'' to 
replace the current inaccurate reference to ``Sec.  
648.85(b)(7)(iv)(F).''
    In Sec.  648.80(a)(2)(ii) and (a)(17)(ii), the ``Approximate loran 
C bearings'' portion of the table would be removed. The U.S. Coast 
Guard ceased operations of Loran-C, on February 10, 2010, which renders 
these coordinates useless. This will have minimum impact, as the same 
information is displayed in the regulations using latitude and 
longitude coordinates.
    In Sec.  648.80(a)(3)(v), a reference to ``Sec.  648.87(c)'' would 
be added to the beginning of the section, to include sector vessels.
    In Sec.  648.80(b)(3)(i), the phrase ``unless otherwise restricted 
in Sec.  648.86'' would be added. This paragraph includes ocean pout as 
one of the list of species exemptions for the SNE RMA; however, 
Amendment 16 listed ocean pout as a zero-retention species. The 
Amendment 16 final rule inadvertently failed to cross-reference this 
prohibition in Sec.  648.86.
    In Sec.  648.80(c)(2)(i), the reference to Sec.  648.104(a) would 
be revised to read ``shall be that specified by Sec.  648.104(a).'' 
This was the original regulatory text used to cite the regulations and 
was inadvertently changed in the final rule implementing Amendment 16.
    In Sec.  648.85(a)(1)(ii), this action would correct the Eastern 
U.S./Canada Area, N. latitude coordinates for Points USCA 7 and USCA 6 
to 40[deg] 50'' N. latitude, and Points USCA 5 and 4 to 40[deg] 40'' N. 
latitude. Amendment 13 defined the Eastern U.S./Canada Area as being 
composed of statistical areas 561 and 562. The coordinates for 
statistical area 562 used to define the Eastern U.S./Canada Area were 
incorrectly transposed in the Amendment 13 final rule and would be 
rectified by this action.
    Section Sec.  648.87(b)(1)(ix) would be corrected to reference the 
prohibited species regulations at ``Sec.  648.86(l),'' instead of the 
inaccurate reference to ``Sec.  648.87(1).'' In addition, a reference 
to ``Sec.  648.86(c)'' would be inserted at Sec.  648.87(b)(1)(ix) to 
clarify that sector vessels are held to the one-fish per trip 
possession limit of Atlantic halibut, as intended in Amendment 16.
    In Sec.  648.87(c)(2), a reference to ``fishing regulations within 
the groundfish Fishery Management Plan (FMP)'' would be inserted to 
clarify that a NE multispecies sector operations plan can only include 
exemptions from regulations within the groundfish FMP, as intended in 
Amendment 16.
    In Sec.  648.89(c)(2)(i), the reference to ``private recreational 
vessel'' would be corrected to read ``charter/party vessel.''
    In Sec.  648.90(a)(4), the reference to ``(a)(5)'' would be 
corrected to read ``(a)(6).''
    Section 648.90(a)(4)(iii)(E) would be revised to include a 
reference to the recreational fishery. A reference to the recreational 
fishery was made in the title of this paragraph, but was not included 
in the regulations.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, I have determined that this proposed rule is consistent 
with the NE Multispecies FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination is as follows:
    The Small Business Administration size standard for small 
commercial fishing entities is $4 million in gross sales, while the 
size standard for small charter/party operators is $7 million.

[[Page 24450]]

Due to the nature of some of the measures proposed in this action, 
entities affected by the proposed action include those vessels that 
have currently been issued any Federal permit to fish any species 
within the Northeast. However, most of the entities affected by this 
proposed action are limited to vessels issued a limited access NE 
multispecies DAS permit (i.e., Category A, D, E, or F), a limited 
access NE multispecies Small Vessel or Handgear A permit (i.e., 
Category C or HA, respectively), an open access NE multispecies 
Category K or Handgear B (Category HB) permit, or an open access NE 
multispecies Charter/Party (Category I) permit. In addition, this 
proposed action would also affect any entity issued a Federal permit to 
purchase NE multispecies, a company providing dockside and roving 
monitoring services, and individuals acting in the capacity of a sector 
manager. All entities affected by this proposed rule would fall under 
the SBA size standard for small commercial fishing entities or charter/
party operators, and therefore, there is no disproportionate impact 
between large and small entities and would not place small entities at 
a competitive disadvantage to large entities. A full description of the 
fishery, including the entities affected by the proposed action, is 
contained in Section 6.2 of the Amendment 16 FEIS.
    The proposed allocation would correct/clarify the existing 
regulations to ensure that the current regulations accurately reflect 
measures adopted by the Council and approved by the Secretary of 
Commerce. This action would ensure that the economic benefits analyzed 
in previous actions would be realized, including preventing unnecessary 
and unintended costs associated with measures corrected by this action, 
and would only impose a negligible increase in the mailing and postage 
costs associated with compliance with VTR requirements that reflect 
current industry practices. For example, by revising the timing 
requirements of VMS declarations, this action would avoid $1,900 in 
unnecessary yearly VMS messaging costs that were not expected during 
the development of Amendment 16. In addition, this action would clarify 
that all trips must submit a VTR, regardless of whether fish are 
landed, with the exception of trips that only set fishing gear and do 
not fish on that trip, resulting in increasing yearly mailing costs of 
$5.88-$25.48 per vessel. Other measures corrected or clarified by this 
action would ensure that vessels are not subject to measures beyond 
those originally adopted in recent management actions. For example, 
this action would ensure that Category C and HA vessels would not be 
subject to RGAs and are not required to purchase selective gear to fish 
in particular areas, and that sector vessels are not subject to bait 
restrictions while fishing in the Closed Area I Hook Gear Haddock SAP.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule contains reporting and recordkeeping 
requirements and associated information collections subject to the 
Paperwork Reduction Act (PRA), which have been previously approved by 
OMB under control numbers 0648-0202, 0648-0212, and 0648-0229. Measures 
in this proposed rule include provisions that require revised 
collection-of-information requirements. Public reporting burden for 
these collections of information are estimated to average as follows:
    1. VMS area and DAS declaration, OMB 0648-0202, (5 min/
response);
    2. VMS trip-level catch reports, OMB 0648-0212, (15 min/
response);
    3. Request for a LOA to fish in a NE multispecies RGA, OMB 
0648-0202, (5 min/response);
    4. VMS declaration to fish in a NE multispecies RGA, OMB 
0648-0202, (5 min/response);
    5. Pre-trip hail report to a dockside monitoring service provider, 
OMB 0648-0202, (2 min/response);
    6. Trip-end hail report to a dockside monitoring service provider, 
OMB 0648-0202, (15 min/response);
    7. Confirmation of dockside monitoring trip-end hail report, 
OMB 0648-0202, (2 min/response);
    8. Dockside/roving service provider data entry, OMB 0648-
0202, (3 min/response);
    9. Daily VMS catch reports when fishing in the U.S./Canada 
Management Area and Closed Area II SAPs, OMB 0648-0212, (15 
min/response);
    10. Daily VMS catch reports when fishing in the Closed Area I Hook 
Gear Haddock SAP, OMB 0648-0212, (15 min/response);
    11. Daily VMS catch reports when fishing in the Regular B DAS 
Program, OMB 0648-0212, (15 min/response); and
    12. Copy of the dealer weigh-out slip or dealer signature of the 
dockside monitor report, OMB 0648-0212 (2 min/response).
    13. Letter of authorization for charter/party vessels to access the 
Western GOM Closure Area and the GOM Rolling Closure Areas, 
OMB 0648-0202, (5 min/response);
    14. Declaration of the monkfish DAS option via VMS, OMB 
0648-0202, (5 min/response);
    15. Sector weekly catch report, OMB 0648-0212, (4 hr/
response);
    16. VTR requirement, OMB 0648-0212, (5 min/response); and
    17. Dealer report, OMB 0648-0229, (4 min/response).
    These estimates include the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping.

    Dated: April 26, 2011.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine 
Fisheries Service.

    For the reason set out in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec.  648.2, add a definition of set-only trip to read as 
follows:


Sec.  648.2  Definitions.

* * * * *
    Set-only trip means a fishing trip on which any federally permitted 
vessel deploys gear with the intention of retrieving it on a separate 
trip and does not haul-back or retrieve any gear capable of catching 
fish on the set-only trip.
* * * * *
    3. In Sec.  648.7, revise paragraph (c) to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *

[[Page 24451]]

    (c) When to fill out a log report. Except for vessels on a set-only 
trip, as declared through the pre-trip notification system specified in 
Sec.  648.11(k), log reports required by paragraph (b)(1)(i) of this 
section must be filled out with all required information, except for 
information not yet ascertainable, prior to entering port. Information 
that may be considered unascertainable prior to entering port includes 
dealer name, dealer permit number, and date sold. Log reports must be 
completed as soon as the information becomes available. Log reports 
required by paragraph (b)(1)(ii) of this section must be filled out 
before landing any surfclams or ocean quahogs.
* * * * *
    4. In Sec.  648.10, revise paragraph (k)(3)(ii) to read as follows:


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

* * * * *
    (k) * * *
    (3) * * *
    (ii) Inshore GB Stock Area 2. The inshore GB Stock Area is defined 
by straight lines connecting the following points in the order stated:

                         Inshore GB Stock Area 2
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G9.............................  (\1\)                70[deg]00'
G10............................  42[deg]20'           70[deg]00'
IGB1...........................  42[deg]20'           68[deg]50'
IGB2...........................  41[deg]00'           68[deg]50'
IGB3...........................  41[deg]00'           69[deg]30'
IGB4...........................  41[deg]10'           69[deg]30'
IGB5...........................  41[deg]10'           69[deg]50'
IGB6...........................  41[deg]20'           69[deg]50'
IGB7...........................  41[deg]20'           70[deg]00'
G12............................  (\2\)                70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 70[deg]00' W.
  long.
\2\ South-facing shoreline of Cape Cod, MA.

* * * * *
    5. In Sec.  648.14, add paragraph (k)(2)(iv); and revise paragraphs 
(k)(3)(i) and (k)(6)(ii)(B) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (k) * * *
    (2) * * *
    (iv) Possess or land fish while setting fixed gear on a set-only 
trip as declared through the pre-trip notification system pursuant to 
Sec.  648.11(k).
    (3) * * *
    (i) It is unlawful to purchase, possess, import, export, 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 Sec.  648.82, 
Sec.  648.85, Sec.  648.86, or Sec.  648.87 applicable to a vessel 
issued a NE multispecies permit, unless otherwise specified in Sec.  
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 Sec.  648.87(c).
* * * * *
    (6) * * *
    (ii) * * *
    (B) Hook gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec.  648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook gear in areas specified in 
Sec.  648.80(a), (b), or (c), unless allowed under Sec.  
648.85(b)(7)(iv)(E).
* * * * *
    6. In Sec.  648.80, revise paragraphs (a)(2)(ii), (a)(3)(v), 
(a)(3)(vi), (a)(17)(ii), (b)(3)(i), and (c)(2)(i) to read as follows:


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

* * * * *
    (a) * * *
    (2) * * *
    (ii) Bounded on the east by straight lines connecting the following 
points in the order stated:

                         GB Regulated Mesh Area
------------------------------------------------------------------------
               Point                      N. lat.           W. long.
------------------------------------------------------------------------
CII3...............................  42[deg]22'         67[deg]20' \1\
SNE1...............................  40[deg]24'         65[deg]43' \2\
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The U.S.-Canada Maritime Boundary as it intersects with the EEZ.

* * * * *
    (3) * * *
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (a)(3)(v) or Sec.  648.87(c), vessels fishing with a valid NE 
multispecies limited access permit and fishing under a NE multispecies 
DAS or on a sector trip, and vessels fishing with a valid NE 
multispecies limited access Small-Vessel permit in the GOM Regulated 
Mesh Area, and persons on such vessels, are prohibited from fishing, 
setting, or hauling back, per day, or possessing on board the vessel, 
more than 2,000 rigged hooks. All longline gear hooks must be circle 
hooks, of a minimum size of 12/0. An unbaited hook and gangion that has 
not been secured to the ground line of the trawl on board a vessel is 
deemed to be a replacement hook and is not counted toward the 2,000-
hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it 
is not rigged or baited. The use of de-hookers (``crucifer'') with less 
than 6-inch (15.2-cm) spacing between the fairlead rollers is 
prohibited. Vessels fishing with a valid NE multispecies limited access 
Hook Gear permit and fishing under a multispecies DAS or on a sector 
trip in the GOM Regulated Mesh Area, and persons on such vessels, are 
prohibited from possessing gear other than hook gear on board the 
vessel. Vessels fishing with a valid NE multispecies limited access 
Handgear A permit are prohibited from fishing, or possessing on board 
the vessel, gear other than handgear. Vessels fishing with tub-trawl 
gear are prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel more than 250 hooks.
    (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 (a)(16) and (a)(18), (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 Sec.  648.82(b)(5) and (6), 
respectively; or if fishing under a Handgear B permit specified in 
Sec.  648.88(a); or if fishing under the scallop state waters 
exemptions specified in Sec.  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 Sec.  648.88; or 
if fishing as a charter/party or private recreational vessel in 
compliance with Sec.  648.89. Any gear used by a vessel in this area 
must be authorized under one of these exemptions. Any gear on a vessel 
that is not authorized under one of these exemptions must be stowed as 
specified in Sec.  648.23(b).
* * * * *
    (17) * * *
    (ii) Bounded on the south by straight lines connecting the 
following points in the order stated:

                Gulf of Maine/Georges Bank Exemption Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G6.............................  40[deg]55.5          66[deg]38'
G7.............................  40[deg]45'           68[deg]00'
G8.............................  40[deg]37'           68[deg]00'
G9.............................  40[deg]30'           69[deg]00'
NL3............................  40[deg]22.7'         69[deg]00'

[[Page 24452]]

 
NL2............................  40[deg]18.7'         69[deg]40'
NL1............................  40[deg]50'           69[deg]40'
G11............................  40[deg]50'           70[deg]00'
G12............................  (\1\)                70[deg]00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
  Massachusetts.

* * * * *
    (b) * * *
    (3) * * *
    (i) Species exemption. Unless otherwise restricted in Sec.  648.86, 
owners and operators of vessels subject to the minimum mesh size 
restrictions specified in paragraphs (a)(4) and (b)(2) of this section 
may fish for, harvest, possess, or land butterfish, dogfish (caught by 
trawl only), herring, Atlantic mackerel, ocean pout, scup, shrimp, 
squid, summer flounder, silver hake and offshore hake, and weakfish 
with nets of a mesh size smaller than the minimum size specified in the 
GB and SNE Regulated Mesh Areas when fishing in the SNE Exemption Area 
defined in paragraph (b)(10) of this section, provided such vessels 
comply with requirements specified in paragraph (b)(3)(ii) of this 
section and with the mesh size and possession limit restrictions 
specified under Sec.  648.86(d).
* * * * *
    (c) * * *
    (2) * * *
    (i) Vessels using trawls. Except as provided in paragraph 
(c)(2)(iii) of this section, and Sec.  648.85(b)(6), the minimum mesh 
size for any trawl net not stowed and not available for immediate use 
in accordance with Sec.  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, shall be that specified by Sec.  
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.
* * * * *
    7. In Sec.  648.81, revise the introductory text of paragraph (n) 
to read as follows:


Sec.  648.81  NE multispecies closed areas and measures to protect EFH.

* * * * *
    (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 fishing under a NE multispecies DAS 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.
* * * * *
    8. In Sec.  648.82, revise the introductory text of paragraph 
(b)(5)(i), and the introductory text of paragraph (n)(1) to read as 
follows:


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

* * * * *
    (b) * * *
    (5) * * *
    (i) DAS allocation. A vessel qualified and electing to fish under 
the Small Vessel category may retain up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, and one Atlantic halibut 
per trip, without being subject to DAS restrictions, provided the 
vessel does not exceed the yellowtail flounder possession restrictions 
specified at Sec.  648.86(g). Such a vessel is subject to the 
possession limits specified for other regulated species and ocean pout, 
as specified at Sec.  648.86. Any vessel may elect to switch into this 
category, as provided in Sec.  648.4(a)(1)(i)(I)(2), if the vessel 
meets or complies with the following:
* * * * *
    (n) * * *
    (1) Differential DAS counting AM for fishing years 2010 and 2011. 
Unless otherwise specified pursuant to Sec.  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 to determine whether such catch will exceed any of the sub-
ACLs specified for common pool vessels pursuant to Sec.  
648.90(a)(4)(iii). This initial projection of common pool catch shall 
be updated shortly after the end of each fishing year once information 
becomes available 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; and the catch of Atlantic halibut, SNE/MA 
winter flounder, ocean pout, windowpane flounder, and Atlantic wolffish 
by sector vessels 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 catch of that stock shall be increased by 
an amount equal to the amount of the overage of the overall ACL for 
that stock multiplied by the common pool's share of the overall ACL for 
that stock calculated pursuant to Sec.  648.90(a)(4)(iii)(E)(2). For 
example, if the 2010 overall ACL for GOM cod was exceeded by 10,000 lb 
(4,536 kg) due to excessive catch of that stock by vessels fishing in 
state waters outside the FMP, and the common pool's share of the 2010 
overall GOM cod ACL was 5 percent, then the common pool's 2010 catch of 
GOM cod shall be increased by 500 lb (226.8 kg) (10,000 lb (4,536 kg) x 
0.05 of the overall GOM cod ACL). If based on the initial projection 
completed in February, 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. Any differential DAS counting implemented at the start of the 
fishing year will be reevaluated and recalculated, if necessary, once 
updated information is obtained. 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 Sec.  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