Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Removal of Regulations Implementing the Closed Area I Hook Gear Haddock Special Access Program, 44220-44222 [2020-15144]
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
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and NMFS is closing the commercial
hook-and-line component through this
temporary rule, all harvest of South
Atlantic golden tilefish in the EEZ is
limited to the recreational bag and
possession limits specified in 50 CFR
622.187(b)(2)(iii) and (c)(1) as long as
the recreational sector is open.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper having
golden tilefish on board harvested by
hook-and-line must have landed and
bartered, traded, or sold such golden
tilefish prior to 12:01 a.m., eastern time,
on July 23, 2020. During the closure, the
sale or purchase of golden tilefish taken
from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to the sale or purchase of golden
tilefish that were harvested by hookand-line, landed ashore, and sold prior
to 12:01 a.m., eastern time, on July 23,
2020, and were held in cold storage by
a dealer or processor. For a person on
board a vessel for which a Federal
commercial or charter vessel/headboat
permit for the South Atlantic snappergrouper fishery has been issued, the sale
and purchase provisions of the
commercial closure for golden tilefish
apply regardless of whether the fish are
harvested in state or Federal waters, as
specified in 50 CFR 622.190(c)(1)(ii).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(a)(1), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the commercial hook-and-line
component for golden tilefish
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule itself has
been subject to notice and comment,
and all that remains is to notify the
public of the closure. Such procedures
are contrary to the public interest
because the capacity of the fishing fleet
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16:35 Jul 21, 2020
Jkt 250001
allows for rapid harvest of the
commercial ACL for the hook-and-line
component, and there is a need to
immediately implement this action to
protect golden tilefish. Prior notice and
opportunity for public comment would
require time and could potentially result
in a harvest well in excess of the
established commercial ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: July 16, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–15823 Filed 7–17–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200707–0182]
RIN 0648–BI28
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Removal of Regulations
Implementing the Closed Area I Hook
Gear Haddock Special Access
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action removes
regulations that implement the Closed
Area I Hook Gear Haddock Special
Access Program. The Omnibus Essential
Fish Habitat Amendment 2 eliminated
the year-round Closed Area I, rendering
the Closed Area I Hook Gear Haddock
Special Access Program unnecessary.
Eliminating the Closed Area I Hook Gear
Haddock Special Access Program will
reduce confusion and inconsistency
with other regulations.
DATES: Effective July 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, phone: (978) 281–9232;
email: Spencer.Talmage@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In 2004, the New England Fishery
Management Council established the
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Frm 00076
Fmt 4700
Sfmt 4700
Closed Area I Hook Gear Haddock
Special Access Program (CAI HGH SAP)
to provide vessels with additional
opportunities in Closed Area I to target
healthy stocks, if they followed certain
gear and other restrictions.
The Omnibus Essential Fish Habitat
Amendment 2 (83 FR 15240, April 9,
2018) eliminated the year-round closure
of Closed Area I. The area once covered
by Closed Area I is now open to vessels
fishing with hook gear, with the
exception of the Georges Bank
Dedicated Habitat Research Area and
the seasonal Closed Area I North
Closure (February 1–April 15). The CAI
HGH SAP does not overlap with either
the Georges Bank Dedicated Habitat
Research Area or Closed Area I North
Closure, and as such, it does not allow
any activity otherwise prohibited by
these areas. As a result, the CAI HGH
SAP is unnecessary, redundant, and
inconsistent with the changes made by
the Omnibus Essential Fish Habitat
Amendment 2 because the program
provides special access to an area that
is already open to the groundfish fleet
in the time that the SAP is effective.
Under section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act,
NMFS is authorized to make changes to
regulations that are necessary to carry
out any fishery management plan or
amendment. This action amends the
regulations in § 648.14, § 648.81,
§ 648.82, and § 648.85 to remove
references to the CAI HGH SAP and
makes a minor correction to a crossreference.
This action would not change the
allocation to the Incidental Catch Total
Allowable Catch (TAC) defined in
§ 648.85(b)(5)(ii). Such a change would
require a substantive change to prior
New England Fishery Management
Council allocation decisions, and it is
more appropriate for the New England
Fishery Management Council to
consider these changes in a separate
action. Accordingly, on May 29, 2020,
we published the proposed rule for
Framework Adjustment 59 to the
Northeast Multispecies Fishery
Management Plan, which would remove
the allocation to the Incidental Catch
TAC for the CAI HGH SAP (85 FR
32347).
On December 17, 2019, NMFS
published a final rule (84 FR 68798)
prohibiting vessels from fishing with
gillnet gear in the Nantucket Lightship
and Closed Area I Closure Areas, in
order to comply with a Federal Court
order. That rulemaking did not apply to
vessels fishing with hook gear, which is
the only gear type permitted in the CAI
HGH SAP. Therefore, this action to
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
eliminate the CAI HGH SAP is not
affected by the prohibition of gillnet
fishing in Closed Area I.
jbell on DSKBBXCHB2PROD with RULES
Comments and Responses
We received one comment on the
proposed rule. No substantive changes
from the proposed rule were made as a
result of this comment.
Comment 1: One member of the
public supported the simplification of
regulations, but made the point that in
doing so, we should not pose greater
harm to fish populations or impact their
future health.
Response: We agree. This final rule
simplifies and clarifies the regulations
by removing a program that is obsolete
and no longer functions as originally
intended. Removing the regulations
implementing the program will not
change fishing behavior or distribution,
and as a result will not have a negative
effect on Northeast Multispecies stocks.
Classification
The National Marine Fisheries Service
(NMFS) Assistant Administrator has
made a determination that this rule is
consistent with section 305(d) and other
provisions of the Magnuson-Stevens
Act, and other applicable law.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive
the 30-day delayed effectiveness period
because it would be contrary to the
public interest.
Under section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act,
NMFS is authorized to make changes to
regulations that are necessary to carry
out any fishery management plan or
amendment. This action amends the
regulations in § 648.14, § 648.81,
§ 648.82, and § 648.85 to remove
references to the CAI HGH SAP and
makes a minor correction to a crossreference.
The CAI HGH SAP regulations are
being removed because they are
obsolete, redundant, and may introduce
confusion to the fishery through
unnecessary notification and reporting
requirements. Nothing in this action
requires industry to take action to
comply with the amended regulations,
so the 30-day delayed effectiveness
period is unnecessary. Additionally,
delay of this action would leave
unnecessary and confusing regulations
and restrictions in place for longer than
necessary, which could be detrimental
to the fishery.
For the reasons above, the 30-day
delayed effectiveness period would
undermine management objectives of
the FMP and cause unnecessary
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16:35 Jul 21, 2020
Jkt 250001
negative economic impacts to the
common pool fishery.
This rule has been determined to be
not significant for purposes of Executive
Order 12866. This rule is an Executive
Order 13771 deregulatory action.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification.
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Action and
which has been approved by the Office
of Management and Budget under
Control Number 0648–0202.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: July 8, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14:
a. Revise paragraphs (k)(6)(ii)(B),
(11)(i)(A)(4), (11)(vi), (12)(i)(B), and
(12)(ii);
■ b. Remove paragraph (k)(12)(vi); and
■ c. Redesignate paragraph (k)(12)(vii)
as (k)(12)(vi).
The revisions read as follows:
■
■
§ 648.14
Prohibitions.
*
*
*
*
*
(k) * * *
(6) * * *
(ii) * * *
(B) Hook gear. Fail to comply with the
restrictions on fishing and gear specified
in §§ 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 § 648.80(a), (b), or (c).
*
*
*
*
*
(11) * * *
(i) * * *
(A) * * *
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
44221
(4) If fishing both outside and inside
of the areas specified for a SAP under
§ 648.85(b)(3) and (7), under a NE
multispecies DAS in the Eastern U.S./
Canada Area specified in § 648.85(a)(1),
fail to abide by the DAS and possession
restrictions under § 648.85(b)(7)(v)(A)(2)
through (4).
*
*
*
*
*
(vi) Closure of the U.S./Canada Area
for all persons. If fishing under a NE
multispecies DAS or on a sector trip,
declare into, enter, or fish in the Eastern
U.S./Canada Area specified in
§ 648.85(a)(1) if the area is closed under
the authority of the Regional
Administrator as described in
§ 648.85(a)(3)(iv)(D) or (E), unless
fishing in the Closed Area II Yellowtail
Flounder/Haddock SAP specified in
§ 648.85(b)(3) or the Eastern U.S./
Canada Haddock SAP Program specified
in § 648.85(b)(7).
(12) * * *
(i) * * *
(B) If a vessel is fishing under a
Category B DAS in the Closed Area II
Yellowtail Flounder SAP specified in
§ 648.85(b)(3), the Regular B DAS
Program specified in § 648.85(b)(6), or
the Eastern U.S./Canada Haddock SAP
specified in § 648.85(b)(7), remove any
fish caught with any gear, including
dumping the contents of a net, except
on board the vessel.
(ii) General restrictions for vessel and
operator permit holders. Discard legalsized NE regulated multispecies, ocean
pout, or Atlantic halibut while fishing
under a SAP, as described in
§§ 648.85(b)(3)(xi) or 648.85(b)(7)(v)(I).
*
*
*
*
*
■ 3. In § 648.81, revise paragraph
(a)(5)(ii)(C) to read as follows:
§ 648.81 NE multispecies year-round and
seasonal closed areas.
(a) * * *
(5) * * *
(ii) * * *
(C) Fishing in the CA II Yellowtail
Flounder/Haddock SAP or the Eastern
U.S./Canada Haddock SAP Program as
specified in § 648.85(b)(3)(ii) or
(b)(7)(ii), respectively.
*
*
*
*
*
■ 4. In § 648.82, revise paragraph (e)(3)
to read as follows:
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
*
*
*
*
(e) * * *
(3) Regular B DAS Program 24-hr
clock. For a vessel electing to fish in the
Regular B DAS Program, as specified at
§ 648.85(b)(6), that remains fishing
under a Regular B DAS for the entire
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
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fishing trip (without a DAS flip), DAS
shall accrue at the rate of 1 full DAS for
each calendar day, or part of a calendar
day fished. For example, a vessel that
fished on 1 calendar day from 6 a.m. to
10 p.m. would be charged 24 hr of
Regular B DAS, not 16 hr; a vessel that
left on a trip at 11 p.m. on the first
calendar day and returned at 10 p.m. on
the second calendar day would be
charged 48 hr of Regular B DAS instead
of 23 hr, because the fishing trip would
have spanned 2 calendar days. For the
purpose of calculating trip limits
specified under § 648.86, the amount of
VerDate Sep<11>2014
16:35 Jul 21, 2020
Jkt 250001
DAS deducted from a vessel’s DAS
allocation shall determine the amount of
fish the vessel can land legally. For a
vessel electing to fish in the Regular B
DAS Program, as specified at
§ 648.85(b)(6), while also fishing in an
area subject to differential DAS counting
pursuant to paragraph (n)(1)(i) of this
section, Category B DAS shall accrue at
the rate described in this paragraph
(e)(3), unless the vessel flips to a
Category A DAS, in which case the
vessel is subject to the pertinent DAS
accrual restrictions of paragraph (n)(1)
of this section for the entire trip. For
PO 00000
Frm 00078
Fmt 4700
Sfmt 9990
vessels electing to fish in both the
Regular B DAS Program, as specified in
§ 648.85(b)(6), and in the Eastern U.S./
Canada Area, as specified in § 648.85(a),
DAS counting will begin and end
according to the DAS rules specified in
§ 648.10(e)(5)(iv).
*
*
*
*
*
§ 648.85
■
■
■
[Amended]
5. In § 648.85:
a. Remove paragraph (b)(7); and
b. Redesignate paragraph (b)(8) as (7).
[FR Doc. 2020–15144 Filed 7–21–20; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\22JYR1.SGM
22JYR1
]]>Agencies
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44220-44222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15144]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200707-0182]
RIN 0648-BI28
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Removal of Regulations
Implementing the Closed Area I Hook Gear Haddock Special Access Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action removes regulations that implement the Closed Area
I Hook Gear Haddock Special Access Program. The Omnibus Essential Fish
Habitat Amendment 2 eliminated the year-round Closed Area I, rendering
the Closed Area I Hook Gear Haddock Special Access Program unnecessary.
Eliminating the Closed Area I Hook Gear Haddock Special Access Program
will reduce confusion and inconsistency with other regulations.
DATES: Effective July 22, 2020.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, phone: (978) 281-9232; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
In 2004, the New England Fishery Management Council established the
Closed Area I Hook Gear Haddock Special Access Program (CAI HGH SAP) to
provide vessels with additional opportunities in Closed Area I to
target healthy stocks, if they followed certain gear and other
restrictions.
The Omnibus Essential Fish Habitat Amendment 2 (83 FR 15240, April
9, 2018) eliminated the year-round closure of Closed Area I. The area
once covered by Closed Area I is now open to vessels fishing with hook
gear, with the exception of the Georges Bank Dedicated Habitat Research
Area and the seasonal Closed Area I North Closure (February 1-April
15). The CAI HGH SAP does not overlap with either the Georges Bank
Dedicated Habitat Research Area or Closed Area I North Closure, and as
such, it does not allow any activity otherwise prohibited by these
areas. As a result, the CAI HGH SAP is unnecessary, redundant, and
inconsistent with the changes made by the Omnibus Essential Fish
Habitat Amendment 2 because the program provides special access to an
area that is already open to the groundfish fleet in the time that the
SAP is effective.
Under section 305(d) of the Magnuson-Stevens Fishery Conservation
and Management Act, NMFS is authorized to make changes to regulations
that are necessary to carry out any fishery management plan or
amendment. This action amends the regulations in Sec. 648.14, Sec.
648.81, Sec. 648.82, and Sec. 648.85 to remove references to the CAI
HGH SAP and makes a minor correction to a cross-reference.
This action would not change the allocation to the Incidental Catch
Total Allowable Catch (TAC) defined in Sec. 648.85(b)(5)(ii). Such a
change would require a substantive change to prior New England Fishery
Management Council allocation decisions, and it is more appropriate for
the New England Fishery Management Council to consider these changes in
a separate action. Accordingly, on May 29, 2020, we published the
proposed rule for Framework Adjustment 59 to the Northeast Multispecies
Fishery Management Plan, which would remove the allocation to the
Incidental Catch TAC for the CAI HGH SAP (85 FR 32347).
On December 17, 2019, NMFS published a final rule (84 FR 68798)
prohibiting vessels from fishing with gillnet gear in the Nantucket
Lightship and Closed Area I Closure Areas, in order to comply with a
Federal Court order. That rulemaking did not apply to vessels fishing
with hook gear, which is the only gear type permitted in the CAI HGH
SAP. Therefore, this action to
[[Page 44221]]
eliminate the CAI HGH SAP is not affected by the prohibition of gillnet
fishing in Closed Area I.
Comments and Responses
We received one comment on the proposed rule. No substantive
changes from the proposed rule were made as a result of this comment.
Comment 1: One member of the public supported the simplification of
regulations, but made the point that in doing so, we should not pose
greater harm to fish populations or impact their future health.
Response: We agree. This final rule simplifies and clarifies the
regulations by removing a program that is obsolete and no longer
functions as originally intended. Removing the regulations implementing
the program will not change fishing behavior or distribution, and as a
result will not have a negative effect on Northeast Multispecies
stocks.
Classification
The National Marine Fisheries Service (NMFS) Assistant
Administrator has made a determination that this rule is consistent
with section 305(d) and other provisions of the Magnuson-Stevens Act,
and other applicable law.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delayed
effectiveness period because it would be contrary to the public
interest.
Under section 305(d) of the Magnuson-Stevens Fishery Conservation
and Management Act, NMFS is authorized to make changes to regulations
that are necessary to carry out any fishery management plan or
amendment. This action amends the regulations in Sec. 648.14, Sec.
648.81, Sec. 648.82, and Sec. 648.85 to remove references to the CAI
HGH SAP and makes a minor correction to a cross-reference.
The CAI HGH SAP regulations are being removed because they are
obsolete, redundant, and may introduce confusion to the fishery through
unnecessary notification and reporting requirements. Nothing in this
action requires industry to take action to comply with the amended
regulations, so the 30-day delayed effectiveness period is unnecessary.
Additionally, delay of this action would leave unnecessary and
confusing regulations and restrictions in place for longer than
necessary, which could be detrimental to the fishery.
For the reasons above, the 30-day delayed effectiveness period
would undermine management objectives of the FMP and cause unnecessary
negative economic impacts to the common pool fishery.
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule is an Executive Order 13771
deregulatory action.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification.
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Action and which has been approved
by the Office of Management and Budget under Control Number 0648-0202.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 8, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is 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. 648.14:
0
a. Revise paragraphs (k)(6)(ii)(B), (11)(i)(A)(4), (11)(vi),
(12)(i)(B), and (12)(ii);
0
b. Remove paragraph (k)(12)(vi); and
0
c. Redesignate paragraph (k)(12)(vii) as (k)(12)(vi).
The revisions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(6) * * *
(ii) * * *
(B) Hook gear. Fail to comply with the restrictions on fishing and
gear specified in Sec. 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).
* * * * *
(11) * * *
(i) * * *
(A) * * *
(4) If fishing both outside and inside of the areas specified for a
SAP under Sec. 648.85(b)(3) and (7), under a NE multispecies DAS in
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to
abide by the DAS and possession restrictions under Sec.
648.85(b)(7)(v)(A)(2) through (4).
* * * * *
(vi) Closure of the U.S./Canada Area for all persons. If fishing
under a NE multispecies DAS or on a sector trip, declare into, enter,
or fish in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)
if the area is closed under the authority of the Regional Administrator
as described in Sec. 648.85(a)(3)(iv)(D) or (E), unless fishing in the
Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec.
648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified
in Sec. 648.85(b)(7).
(12) * * *
(i) * * *
(B) If a vessel is fishing under a Category B DAS in the Closed
Area II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3), the
Regular B DAS Program specified in Sec. 648.85(b)(6), or the Eastern
U.S./Canada Haddock SAP specified in Sec. 648.85(b)(7), remove any
fish caught with any gear, including dumping the contents of a net,
except on board the vessel.
(ii) General restrictions for vessel and operator permit holders.
Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic
halibut while fishing under a SAP, as described in Sec. Sec.
648.85(b)(3)(xi) or 648.85(b)(7)(v)(I).
* * * * *
0
3. In Sec. 648.81, revise paragraph (a)(5)(ii)(C) to read as follows:
Sec. 648.81 NE multispecies year-round and seasonal closed areas.
(a) * * *
(5) * * *
(ii) * * *
(C) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the
Eastern U.S./Canada Haddock SAP Program as specified in Sec.
648.85(b)(3)(ii) or (b)(7)(ii), respectively.
* * * * *
0
4. In Sec. 648.82, revise paragraph (e)(3) to read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(e) * * *
(3) Regular B DAS Program 24-hr clock. For a vessel electing to
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(6),
that remains fishing under a Regular B DAS for the entire
[[Page 44222]]
fishing trip (without a DAS flip), DAS shall accrue at the rate of 1
full DAS for each calendar day, or part of a calendar day fished. For
example, a vessel that fished on 1 calendar day from 6 a.m. to 10 p.m.
would be charged 24 hr of Regular B DAS, not 16 hr; a vessel that left
on a trip at 11 p.m. on the first calendar day and returned at 10 p.m.
on the second calendar day would be charged 48 hr of Regular B DAS
instead of 23 hr, because the fishing trip would have spanned 2
calendar days. For the purpose of calculating trip limits specified
under Sec. 648.86, the amount of DAS deducted from a vessel's DAS
allocation shall determine the amount of fish the vessel can land
legally. For a vessel electing to fish in the Regular B DAS Program, as
specified at Sec. 648.85(b)(6), while also fishing in an area subject
to differential DAS counting pursuant to paragraph (n)(1)(i) of this
section, Category B DAS shall accrue at the rate described in this
paragraph (e)(3), unless the vessel flips to a Category A DAS, in which
case the vessel is subject to the pertinent DAS accrual restrictions of
paragraph (n)(1) of this section for the entire trip. For vessels
electing to fish in both the Regular B DAS Program, as specified in
Sec. 648.85(b)(6), and in the Eastern U.S./Canada Area, as specified
in Sec. 648.85(a), DAS counting will begin and end according to the
DAS rules specified in Sec. 648.10(e)(5)(iv).
* * * * *
Sec. 648.85 [Amended]
0
5. In Sec. 648.85:
0
a. Remove paragraph (b)(7); and
0
b. Redesignate paragraph (b)(8) as (7).
[FR Doc. 2020-15144 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-22-P
