Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Amendment 16, Framework Adjustment 44, and Framework Adjustment 45, 42577-42588 [2011-18012]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42577-42588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18012]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100526226-1322-02]
 RIN 0648-AY95


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Amendment 16, Framework 
Adjustment 44, and Framework Adjustment 45

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

ACTION: Interim final rule; correcting amendment; request for comments.

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SUMMARY: This action makes corrections, clarifications, and 
modifications 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 administrative 
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). This 
interim final rule is being taken by NMFS under the authority of 
section 305(d) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act); NMFS is implementing changes 
made to the dockside monitoring program (DSM), not included in the 
proposed rule, as an interim rule in order to seek public comments on 
the changes.

DATES: Effective on July 19, 2011. Written comments must be received on 
or before August 18, 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 Interim Final 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 rule 
are available from the Regional Administrator at the above address. 
Copies of previous management actions, including Amendment 16, 
Framework Adjustment 44 (FW 44), FW 45, 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/.

[[Page 42578]]

    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: A proposed rule soliciting public comment on 
making corrections and clarifications to the existing regulations and 
to ensure the regulations are consistent with the measures adopted by 
the Council was published in the Federal Register on May 2, 2011 (76 FR 
24444) with public comments accepted through May 17, 2011. One comment 
was received, but it was not relevant to this action. NMFS has approved 
the corrections, clarifications, and modifications to ensure 
consistency with the goals of the NE Multispecies FMP, as described in 
Amendment 16, FW 44, and FW 45 to the FMP, and other applicable laws. 
For a complete description of each measure, see the preamble text from 
the proposed rule.

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. FW 45 was 
implemented by a final rule that published in the Federal Register on 
April 25, 2011 (76 FR 23042), and became effective on May 1, 2011. 
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. Amendment 16 superseded measures 
implemented by an emergency final rule (74 FR 17030, April 13, 2009) 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. FW 45 implemented a measure to require dockside monitors 
to inspect fish holds as part of the DSM program.
    The final rules implementing Amendment 16, FW 44, and FW 45, as 
well as other previous actions, contained several inadvertent errors, 
omissions, and potential inconsistencies with the intent of the these 
actions, as identified below. This rule corrects these errors, and 
clarifies or modifies 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. NMFS is taking these actions under 
authority in section 305(d) of the Magnuson-Stevens Act, which provides 
that the Secretary of Commerce may, on his/her own, promulgate 
regulations necessary to ensure that an FMP or its amendments are 
carried out in accordance with the provisions of the Magnuson-Stevens 
Act.

Changes From the Proposed Rule

1. Set-Only Vessel Trip Report (VTR) Exemption

    After further consideration, NMFS is not implementing one measure 
that was in the proposed rule. It was proposed that vessels attempting 
to only set gear on a trip, and not retrieve any gear or land any fish, 
be given an exemption from VTR requirements. However, due to 
monitoring, compliance, and consistency concerns, NMFS no longer 
believes that this measure is appropriate. The definition of a set-only 
trip at Sec.  648.2 as defined in the proposed rule will remain in 
place, as well as the prohibition to possess or land fish while on a 
set-only trip at Sec.  648.14.

2. DSM Operations Standards

    The final rule implementing FW 45 included a new requirement for 
dockside monitors to board vessels and inspect the fish hold for any 
trip that is assigned a dockside/roving monitor. NMFS implemented this 
change to the DSM operations standards to enhance the enforceability of 
existing provisions and minimize the incentives to underreport/
misreport the amount of regulated species landed, after consideration 
of concerns expressed by the public and enforcement personnel.
    This rule modifies the DSM operations standards by removing the 
requirement for dockside monitors to board each vessel at the 
conclusion of each offload for the purpose of fish hold inspection, and 
replacing it with a provision that makes such inspection discretionary, 
unless it is required in the future by the Regional Administrator. The 
addition of the requirement to inspect the hold was met with strong 
opposition from industry members, who cited concerns about privacy, 
additional time associated with the inspection, the increased potential 
for accidents, and the adequacy of insurance for coverage of the 
activity. Upon further review, NMFS has determined that retaining the 
vessel trip-end (pre-landing) hail requirement currently provides an 
efficient and effective means for observation and enforcement of vessel 
landing requirements through unannounced observation of vessel offloads 
at the discretion of law enforcement, which could include inspection of 
the hold. The hail requirement and spot inspections allow for 
deployment of limited monitoring and enforcement resources to the 
greatest effect. The possibility of such inspection is believed to be a 
sufficient deterrent at this time. Under the new provision, onboard 
inspections by dockside monitors will not be required unless the 
Regional Administrator determines that dockside monitoring of holds 
will improve the efficiency and effectiveness of monitoring landings. 
If the Regional Administrator makes such a determination, affected 
permit holders and monitoring providers will be informed through a 
letter or other appropriate means. Instructions and guidelines deemed 
necessary for carrying out such inspections will also be provided. In 
addition, a sector may also independently authorize dockside/roving 
monitors to inspect any area of the vessel in which fish are stored. 
Because this provision was not specified in the proposed rule, it is 
being implemented as an interim final rule for purposes of seeking 
additional public comment.

Final Measures

    In addition to the ``Changes from the Proposed Rule'' discussed 
above, this action makes several other modifications and corrections 
stated below, which are listed in the order in which they appear in the 
regulations; the last section of corrections are found throughout the 
regulations.

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. However, the 
Council in Amendment 5 to NE

[[Page 42579]]

multispecies FMP stated: ``logbooks are required of all vessels with a 
multispecies permit and must be completed for all trips rather than for 
only trips on which groundfish were landed.'' Additionally, due to 
monitoring, compliance, and consistency concerns, NMFS no longer 
believes that this measure is appropriate for trips that are only 
setting gear and not intending to catch fish. To ensure that vessels 
submit a VTR for all trips that conduct fishing activity, this rule 
revises the VTR submission regulations to remove the language that 
states that only trips that land fish must submit a VTR.

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 implement zero-retention of certain fish 
stocks, therefore, 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 rule revises the regulatory text 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 rule revises 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 rule clarifies 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

    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 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. 
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 undermines the purpose for the 
prohibition on possessing these species. Therefore, this rule changes 
the reference to ``Sec.  648.86(g)'' in Sec.  648.82(b)(5)(i) to read 
``Sec.  648.86,'' and removes 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

    This rule revises 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.

7. Multispecies Minimum Fish Sizes and Fillet Provisions

    The current regulations at Sec.  648.83(a) includes two separate 
lists specifying minimum fish sizes. This rule corrects this error by 
removing paragraph Sec.  684.83(a)(3) in its entirety. This rule will 
have no affect on legal fish sizes apart from what is in the current 
regulations and analyzed in Amendment 16.
    This rule expands 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, the regulations require the weight 
of fillets or parts of fish to be multiplied by 3 and added to the 
weight of whole fish on board. The total weight of whole fish and 
fillets combined, must comply with trip limits. However, the current 
system does not accurately account for the fish landed for at-home 
consumption under sector and common pool sub-ACLs. This rule replaces 
the current 1:1 counting method with 3:1 counting for quota monitoring 
purposes to ensure that all fish being landed for at-home consumption 
would be accounted for. This is consistent with the intentions of the 
FMP that all catch by common pool and sector vessels be accounted for, 
and will prevent a sector from unknowingly fishing over its respective 
ACE.

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

    Amendment 16 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). Amendment 15 proposes specific AMs

[[Page 42580]]

for the scallop fishery's yellowtail flounder sub-ACL in FY 2011 and 
beyond, and also proposes retroactive AMs for the FY 2010 yellowtail 
sub-component allocated to the scallop fishery in FY 2010. Therefore, 
this rule removes the regulatory reference to the scallop fishery in 
Sec.  648.85(a)(2)(ii) and replaces it with a reference to the overall 
groundfish AM provisions in Sec.  648.90(a)(5)(ii). The final rule 
implementing Scallop Amendment 15, if approved, would likely be 
implemented in early July 2011. Because the Amendment 15 ACL and AM 
measures applicable to the scallop fishery were not implemented at the 
start of the NE multispecies 2011 FY on May 1, 2011, this correction 
ensures that any overage of the overall GB yellowtail flounder ACL 
caused by another fishery will 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 mistakenly 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 rule clarifies 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 in 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 rule revises 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.
    Amendment 16 revised the Regular B DAS Program to require 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 rule clarifies 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 
rule revises 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 rule changes the regulations at 
Sec.  648.86(m) by modifying the example to reflect the current 
regulations, which are correctly based upon time of landing.

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. 
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) will 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

    The DSM program requires all NE multispecies sector vessels (and 
common pool vessels on a NE multispecies DAS trip starting in FY 2012) 
in which the NE multispecies catch applies against the sector ACE to 
submit a trip-start hail (TSH) report to the DSM provider. 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. The 
delivery of such reports via VMS often takes more than 10 min because 
the 10-min response requirement has proven to be impractical. 
Therefore, this rule eliminates 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 
rule changes the data collection requirement for

[[Page 42581]]

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) 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. To minimize the burden on RMs and the cost associated with 
such monitoring activities, this rule exempts 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, however, dealer data are not available 
until Wednesday. Based on sector manager input, 1 day has not been a 
sufficient amount of time to accurately complete the weekly sector 
catch reports. This rule provides additional flexibility 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

    Exemptions allow NE multispecies charter/party permitted vessels to 
fish in the GOM Closed Areas provided such vessels first obtain 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. This rule 
clarifies the regulations by including language that states that 
vessels possessing an LOA to fish as a 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) will also be corrected to state 
that charter/party vessels cannot 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

    The final rule implementing Amendment 16 measures did not clearly 
prohibit recreational and charter/party vessels from possessing ocean 
pout and windowpane flounder. However, Section 4.3.2.1 of Amendment 16 
indicates that possession of these stocks is prohibited by all 
fisheries. Although this section is specific to the effort control 
measures adopted for NE multispecies common pool vessels, 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 rule restricts 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 wolffish 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. 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 rule 
inserts a 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 
are being made to the regulations to correct inaccurate references and 
to further clarify the intent of the Council.
    In Sec.  648.10(k)(3)(ii), N. latitude, Point G9 will 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) will 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 will 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)'' will 
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'' will 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) will 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 rule corrects 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./

[[Page 42582]]

Canada Area were incorrectly transposed in the Amendment 13 final rule 
and will be rectified by this action.
    Section Sec.  648.87(b)(1)(ix) will 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)'' will 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)'' will 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'' will be corrected to read ``charter/party vessel.''
    In Sec.  648.90(a)(4), the reference to ``(a)(5)'' will be 
corrected to read ``(a)(6).''
    Section Sec.  648.90(a)(4)(iii)(E) will 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 interim final 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 interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This interim final 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 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: July 13, 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 amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
2. In Sec.  648.2, add in alphabetical order the new definition for 
``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.
* * * * *

0
3. In Sec.  648.7, revise paragraph (c) to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (c) When to fill out a log report. 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.
* * * * *

0
4. In Sec.  648.10, revise paragraph (k)(3)(ii) to read as follows:

[[Page 42583]]

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.

* * * * *

0
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).
* * * * *

0
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. latitude        W. longitude
------------------------------------------------------------------------
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 
during the fishing trip 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 during the fishing 
trip. 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, 
and persons on such vessels, 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'
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,

[[Page 42584]]

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.
* * * * *

0
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.
* * * * *

0
8. In Sec.  648.82, revise the introductory text of paragraphs 
(b)(5)(i), and (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 the 
Small Vessel 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 counting factor of 1.2 to all Category A DAS used by common pool 
vessels only within the Inshore GOM Differential DAS Area during 
fishing year 2011 (i.e., Category A DAS will be charged at a rate of 
28.8 hr for every 24 hr fished--1.2 times 24-hr DAS counting). If it is 
projected that catch in a particular fishing year will exceed or 
underharvest the sub-ACLs for several regulated species stocks within a 
particular stock area, including both exceeding and underharvesting 
several sub-ACLs within a particular stock area, the Regional 
Administrator shall implement the most restrictive differential DAS 
counting factor derived from paragraph (n)(1)(ii) of this section for 
the sub-ACLs exceeded or underharvested to any Category A DAS used by 
common pool vessels within that particular stock area. For example, if 
it is projected that common pool vessels will be responsible for 1.2 
times the GOM cod sub-ACL and 1.1 times the CC/GOM yellowtail flounder 
sub-ACL, the Regional Administrator shall implement a differential DAS 
counting factor of 1.2 to any Category A DAS fished by common pool 
vessels only

[[Page 42585]]

within the Inshore GOM Differential DAS Area during the following 
fishing year. For any differential DAS counting factor implemented in 
fishing year 2011, the differential DAS counting factor shall be 
applied against the DAS accrual provisions specified in paragraph 
(e)(1)(i) of this section for the time spent fishing in the applicable 
differential DAS counting area based upon the first VMS position into 
the applicable differential DAS counting area and the first VMS 
position outside of the applicable differential DAS counting area, 
pursuant to Sec.  648.10. For example, if a vessel fished 12 hr inside 
a differential DAS counting area where a differential DAS counting 
factor of 1.2 would be applied, and 12 hr outside of the differential 
DAS counting area, the vessel would be charged 48 hr of DAS use because 
DAS would be charged in 24-hr increments ((12 hr inside the area x 1.2 
= 14.4 hr) + 12 hr outside the area, rounded up to the next 24-hr 
increment to determine DAS charged). For any differential DAS counting 
factor implemented in fishing year 2012, the differential DAS counting 
factor shall be applied against the DAS accrual provisions in paragraph 
(e)(1)(i) of this section, or if a differential DAS counting factor was 
implemented for that stock area during fishing year 2011, against the 
DAS accrual rate applied in fishing year 2011. For example, if a 
differential DAS counting factor of 1.2 was applied to the Inshore GOM 
Differential DAS Area during fishing year 2011 due to a 20-percent 
overage of the GOM cod sub-ACL, yet the GOM cod sub-ACL was exceeded 
again, but by 50 percent during fishing year 2011, an additional 
differential DAS factor of 1.5 would be applied to the DAS accrual rate 
applied during fishing year 2012 (i.e., the DAS accrual rate in the 
Inshore GOM Differential DAS Counting Area during fishing year 2012 
would be 43.2 hr charged for every 24-hr fished--1.2 x 1.5 x 24-hr DAS 
charge). If the Regional Administrator determines that similar DAS 
adjustments are necessary in all stock areas, the Regional 
Administrator will adjust the ratio of Category A:Category B DAS 
specified in paragraph (d)(1) of this section to reduce the number of 
available Category A DAS available based upon the amount of the 
overage, rather than apply a differential DAS counting factor to all 
Category A DAS used in all stock areas.
* * * * *

0
9. In Sec.  648.83, remove paragraph (a)(3), and revise paragraph 
(b)(1) to read as follows:


Sec.  648.83  Multispecies minimum fish sizes.

* * * * *
    (b) * * *
    (1) Each person aboard a vessel issued a NE multispecies limited 
access permit and fishing under the NE multispecies DAS program or on a 
sector trip may 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 are not offered or intended for sale, trade, or barter. The weight 
of fillets and parts of fish, other than whole-gutted or gilled fish, 
shall be multiplied by 3. For the purposes of accounting for all catch 
by sector vessels as specified at Sec.  648.87(b)(1)(v), the weight of 
all fillets and parts of fish, other than whole-gutted or gilled fish 
reported for at-home consumption shall be multiplied by a factor of 3.
* * * * *
0
10. In Sec.  648.85, revise paragraphs (a)(1)(ii), (a)(2)(ii), 
(a)(3)(iv)(A)(2), (b)(3)(x)(A), (b)(6)(iv)(J)(4), (b)(7)(iv)(E), and 
(b)(7)(vi)(B) to read as follows:


Sec.  648.85  Special management programs.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Eastern U.S./Canada Area. The Eastern U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the 
Regional Administrator upon request):

                        Eastern U.S./Canada Area
------------------------------------------------------------------------
              Point                   N. latitude        W. longitude
------------------------------------------------------------------------
USCA 12.........................  42[deg]20'          67[deg]40'
USCA 11.........................  41[deg]10'          67[deg]40'
USCA 10.........................  41[deg]10'          67[deg]20'
USCA 9..........................  41[deg]00'          67[deg]20'
USCA 8..........................  41[deg]00'          67[deg]00'
USCA 7..........................  40[deg]50'          67[deg]00'
USCA 6..........................  40[deg]50'          66[deg]50'
USCA 5..........................  40[deg]40'          66[deg]50'
USCA 4..........................  40[deg]40'          66[deg]40'
USCA 15.........................  40[deg]30'          66[deg]40'
USCA 14.........................  40[deg]30'          65[deg]44.3'
USCA 13.........................  42[deg]20'          67[deg]18.4'
USCA 12.........................  42[deg]20'          67[deg]40'
------------------------------------------------------------------------

* * * * *
    (2) * * *
    (ii) Adjustments to TACs. Any overages of the GB cod, GB haddock, 
and GB yellowtail flounder TACs specified for either the common pool or 
individual sectors pursuant to this paragraph (a)(2) that occur in a 
given fishing year shall be subtracted from the respective TAC in the 
following fishing year and may be subject to the overall groundfish AM 
provisions as specified in Sec.  648.90(a)(5)(ii) if the overall ACL 
for a particular stock in a given fishing year, specified pursuant to 
Sec.  648.90(a)(4), is exceeded.
* * * * *
    (3) * * *
    (iv) * * *
    (A) * * *
    (2) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for cod specified in paragraph (a)(2) of this section will 
be harvested, NMFS shall, in a manner consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area to all 
limited access NE multispecies DAS and sector vessels subject to that 
particular TAC allocation, as specified in paragraph (a)(3)(iv)(E) of 
this section, by prohibiting such vessels and all other vessels not 
issued a limited access NE multispecies permit from entering or being 
in this area and from harvesting, possessing, or landing cod in or from 
the Eastern U.S./Canada Area during the closure period.
* * * * *
    (b) * * *
    (3) * * *
    (x) * * *
    (A) Approved gear. When the CA II Yellowtail Flounder/Haddock SAP 
is open to target yellowtail flounder, as specified in paragraph 
(b)(3)(vii) of this section, NE multispecies vessels fishing with trawl 
gear must use a haddock separator trawl or a flounder trawl net, as 
described in paragraph (a)(3)(iii) of this section, or the Ruhle trawl, 
as described in paragraph (b)(6)(iv)(J)(3) of this section (all three 
nets may be onboard the fishing vessel simultaneously). When this SAP 
is only open to target haddock, NE multispecies vessels must use a 
haddock separator trawl, a Ruhle trawl, or hook gear. Gear other than 
the haddock separator trawl, the flounder trawl, or the Ruhle trawl may 
be on board the vessel during a trip to the Eastern U.S./Canada Area 
outside of the CA II Yellowtail Flounder/Haddock SAP, provided the gear 
is stowed according to the regulations at Sec.  648.23(b).
* * * * *
    (6) * * *
    (iv) * * *
    (J) * * *
    (4) Mesh size. An eligible vessel fishing in the Regular B DAS 
Program within the GB Cod Stock Area as defined in paragraph 
(b)(6)(v)(B) of this section pursuant to paragraph (b)(6) of this 
section must use trawl gear described in this paragraph (b)(6)(iv)(J) 
with a minimum codend mesh size of 6-

[[Page 42586]]

inch (15.24-cm) square or diamond mesh.
* * * * *
    (7) * * *
    (iv) * * *
    (E) Gear restrictions. A vessel declared into, and fishing in, the 
CA I Hook Gear Haddock SAP may fish with and possess on board demersal 
longline gear or tub trawl gear only, unless further restricted as 
specified in paragraphs (b)(7)(v)(A) and (vi)(B) of this section.
* * * * *
    (vi) * * *
    (B) Gear restrictions. A common pool vessel is exempt from the 
maximum number of hooks restriction specified in Sec.  648.80(a)(4)(v), 
but must comply with the gear restrictions in paragraph (b)(7)(iv)(E) 
of this section. Such vessels are prohibited from using as bait, or 
possessing on board, squid or mackerel during a trip into the CA I Hook 
Gear Haddock SAP.
* * * * *

0
11. In Sec.  648.86, revise paragraph (m)(1) to read as follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (m) * * *
    (1) Daily landing restriction. A vessel issued a limited access NE 
multispecies permit, an open access NE multispecies Handgear B permit, 
or a limited access monkfish permit and fishing under the monkfish 
Category C or D permit provisions may only land regulated species or 
ocean pout once in any 24-hr period, based upon the time the vessel 
lands following the end of the previou