Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 5

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611 and 655

[Docket No. 951208293-5293-01; I.D. 110995B]

RIN 0648-AF01

Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 5

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement the measures

contained in Amendment 5 to the Fishery Management Plan for the

Atlantic Mackerel, Squid, and Butterfish Fisheries (FMP). Amendment 5

is intended to further the Americanization of the fisheries and to

implement measures to prevent overfishing and avoid overcapitalization

of the domestic fleet.

DATES: Comments on the proposed rule must be received on or before

January 29, 1996.

ADDRESSES: Comments on the proposed rule should be sent to: Dr. Andrew

A. Rosenberg, Regional Director, National Marine Fisheries Service,

Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930-

2298. Mark the outside of the envelope, ``Comments on Amendment 5

Atlantic Mackerel, Squid, and Butterfish.''

Comments regarding the burden-hour estimates or any other aspect of

the collection-of-information requirements contained in this proposed

rule should be sent to the Northeast Regional Director at the address

above and the Office of Management and Budget (OMB) (Attention: NOAA

Desk Officer), Washington, D.C. 20503.

Copies of the Amendment, final environmental impact statement,

regulatory impact review, and other supporting documents are available

upon request from David R. Keifer, Executive Director, Mid-Atlantic

Fishery Management Council, Room 2115, Federal Building, 300 South New

Street, Dover, DE 19901-6790.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst,

508-281-9104.

[[Page 65619]]

SUPPLEMENTARY INFORMATION:

Background

Amendment 5 was developed in response to concerns regarding

overcapitalization expressed by industry representatives at several

meetings of the Mid-Atlantic Fishery Management Council (Council) and

its Squid, Mackerel, and Butterfish (SMB) Committee in the early

1990's. Increases in domestic squid landings and a stagnation in the

growth of butterfish landings at well below the maximum sustainable

yield (MSY) for that species moved the Council to develop this

comprehensive amendment.

At its July, 1992, meeting, the Council voted to publish a notice

of control date for the Atlantic mackerel, squid, and butterfish

fisheries. The control date established was August 13, 1992 (57 FR

36384, August 13, 1992). This notice informed the public that the

Council was considering a moratorium on vessel permits issued for these

fisheries. At its July, 1994, meeting, the Council reconsidered the

need for a control date for the Atlantic mackerel fishery. The data the

Council reviewed indicated the catch and fishing effort had decreased

in 1993 and 1994, while stock biomass remained high. In response, the

Council rescinded the control date for the Atlantic mackerel fishery

(59 FR 49235, September 27, 1994). Initial public scoping meetings to

discuss possible management measures for SMB took place in January,

1993, at which time the vessel moratorium, mesh restrictions, and area

and seasonal closures were identified as measures for consideration. A

public hearing draft of Amendment 5 was adopted by the Council at its

June, 1994, meeting and presented at public hearings in December, 1994.

As a result of issues raised at the hearings, the Council voted in

February, 1995, to issue a supplement to Amendment 5 that contained

revisions to the Loligo minimum mesh net requirement and the qualifying

criteria for the vessel moratoria. Public hearings were conducted in

April, 1995, to present the revised Amendment. The Council adopted

Amendment 5 on May 25, 1995, for submission to NMFS for Secretarial

review.

Status of the Stocks

In 1993, the 17th Northeast Regional Stock Assessment Workshop

(17th SAW) was convened to examine the status of several species,

including Illex and Loligo squid and butterfish.

Results of SAW 17, as indicated in the March, 1994, plenary report,

estimated MSY for Loligo squid to be 36,000 metric tons (mt) based on

the finding that the Loligo has a life span of one year rather than

three, as previously believed. The present MSY for Loligo squid is

specified in the FMP as 44,000 mt, based on the assumption that Loligo

squid has a 3-year life span. The 17th SAW advised that Loligo is

considered to be fully utilized when based on the revised MSY of 36,000

mt.

The present MSY for Illex is specified in the FMP as 30,000 mt and

is based on the disproven assumption that the life span of these

animals is 2 years. Though the 17th SAW determined that Illex also has

a life span of 1 year, it did not recommend revising the MSY. Instead,

the 17th SAW recommended that, since Illex is a transboundary stock

between the United States and Canada, a joint assessment should be

conducted before a revised MSY could be recommended. However, the 17th

SAW advised that the current MSY for Illex may be inappropriate and

cautioned that, while the stock is under-exploited based on current

MSY, the potential for recruitment overfishing may be substantial.

The exploitation rate for butterfish is unknown. However, the stock

is at a low-to-medium biomass level and current catch levels are well

below the MSY of 16,000 mt. The adult component of the stock has

declined since 1990 and is currently well below average. It is

estimated that 50 percent of the harvest of butterfish over the past

several years has been discarded due to both the relatively small size

of the fish and the lack of markets. The largest butterfish landings in

recent years have been made as bycatch in the Loligo squid fishery.

At the time the Council was developing and adopting Amendment 5,

the most recent stock assessment for Atlantic mackerel was that done in

1991, when the 12th SAW assessed the stock as underexploited with a

high biomass. That assessment indicated that, following a period of

poor year classes from 1976 through 1980, there were several years with

relatively good recruitment, yielding especially strong year classes in

1982, 1987, and 1988. These cohorts contributed to a marked increase in

stock biomass. Estimated spawning stock biomass was 3,010,000 mt in

1991 with an exploitation rate of 2 percent.

The recently concluded 20th SAW determined that, based on the 1994

stock assessment, the Atlantic mackerel stock continues to be under-

exploited and at a high biomass level. The exploitation rate of two

percent has not changed. The 20th SAW further concluded that the long-

term potential catch (LTPC) projected for the Canadian and U.S.

Atlantic mackerel combined was approximately 150,000 mt. This

represents an increase of 16,000 mt from the previous LTPC value of

134,000 mt. The LTPC is the estimate of allowable annual catch levels

that would sustain the fishery for several years.

Management Measures

NMFS is requesting comment on all measures contained in Amendment

5. However, NMFS has serious concerns about the proposed criteria for

entry into the fisheries for the squids and butterfish, the exemption

proposed for the sea herring fishery, the Council's proposal to

constrain ABC by the LTPC value, and the use of the 50-fathom curve as

a boundary for the exemption from the minimum mesh size for Loligo

during prosecution of the summer Illex fishery. Because of NMFS'

concerns regarding the enforceability of the 50-fathom curve as a

boundary, NMFS proposes a set of latitude-longitude coordinates to

achieve the Council's intent in an enforceable manner. While comment is

sought on all measures contained in the proposed rule, NMFS asks the

public to focus on these measures in particular, to assist in

conducting a thorough and deliberative review of the amendment before

final approval or disapproval by the Secretary of Commerce (Secretary).

In addition, NMFS notes that the provision contained in Amendment 5

that would require the Secretary to publish a control date for the

Atlantic mackerel fishery when commercial landings reach 50 percent of

allowable biological catch (ABC) is not included in this proposed rule.

NMFS does not consider this provision to be a management measure to be

implemented by a fishery management plan. Rather, it is viewed as a

statement of Council intent; NMFS expects that the Council will

recommend the publication of a notice of control date when it deems

this action necessary.

The permit and reporting requirements and revision to the annual

specification process, if approved, will be implemented for the 1997

fishing year. Other provisions may be effective prior to that time.

Elimination of the Potential for Joint Ventures and Directed Foreign

Fishing for the Squids and Butterfish

The Council proposes to eliminate foreign participation in these

fisheries. Joint ventures and total allowable levels of foreign fishing

(TALFF) have not been allocated for squid or butterfish since the mid-

1980's. The Council concluded that the domestic fleet has the capacity

to harvest the OY from

[[Page 65620]]

these fisheries. However, joint venture and TALFF allocations for

Atlantic mackerel may continue. If there is TALFF specified for

Atlantic mackerel, there will be butterfish bycatch TALFF allocated

that is equal to 0.08 percent of the mackerel TALFF, in order to reduce

waste of bycatch in that fishery. The definitions of ``other allocated

species'' and ``prohibited species'' at 50 CFR 611.50(b) are modified

accordingly, to make squids ``prohibited species.''

MSY for Loligo Squid

The Council would revise the MSY for Loligo squid to 36,000 mt from

44,000 mt. The revision is based on the finding that the squid has a

one-year life span. The stock is considered to be fully-exploited.

Spawning Stock Biomass (SSB) and LTPC for Atlantic Mackerel

The FMP currently specifies ABC for Atlantic mackerel as that U.S.

catch that would yield an SSB of 600,000 mt. The Council would revise

this threshold upward to 900,000 mt to promote recruitment. A time

series based on the 1991 assessment found that the median year class

size for years 1962-93, inclusive, was 1.277 billion fish. When the SSB

was less than 900,000 mt, only 35 percent of the ensuing year classes

were observed to be above the median. Conversely, 82 percent of the

year classes were above the median recruitment level when SSB exceeded

900,000 mt.

The Council would also constrain ABC with a derived LTPC. The

current LTPC specified annually by the Council would be 150,000 mt

minus the projected annual Canadian catch. Therefore, at present, if

this measure were approved, ABC could be no larger than 150,000 mt and

is likely to be less. The Council believes that management of Atlantic

mackerel should be based on long-term yield projections. However, NMFS

is concerned about the fact that Atlantic mackerel stock abundance is

very high currently, and that limiting ABC by LTPC may be overly

constraining in the short term. The 20th SAW states that at current

stock abundance amounts, Atlantic mackerel landings of 200,000 mt could

be sustained for several years because of foregone yield in the fishery

recently.

Seasonal Quota for Loligo Squid

This management measure would give the Regional Director authority

to establish annual seasonal quotas for Loligo based on the

recommendations of the Atlantic Mackerel, Squid, and Butterfish

Monitoring Committee (Monitoring Committee) and the Council. Such

quotas are intended to ensure sufficient escapement of Loligo squid

from the offshore winter fishery to allow for catches in traditional

inshore fisheries.

Moratorium on Vessel Permits for Butterfish and Squids

The Council would establish a moratorium on new vessel permits for

the directed fisheries for butterfish and the squids. The Council would

also establish a vessel permit category open to all vessels, which

would allow a vessel to retain up to 2,500 lb (1.13 mt) of each species

per trip. This incidental catch level could be adjusted annually.

Moratorium permits would be issued for Loligo squid and butterfish

jointly and Illex squid separately. In the November, 1994, public

hearing draft, the time horizon that served as a basis for qualifying

for the moratoria permits was August 13, 1988, to August 13, 1993.

Landings requirements proposed at that time were 5,000 lb (2.27 mt) in

one week for Loligo squid or butterfish and five separate trips of at

least 5,000 lb (2.27 mt) each for Illex. Furthermore, it was proposed

that vessels would qualify for the Illex permit if owners had purchased

refrigerated sea water equipment or an on-board freezer by May 31,

1994, and had landed five trips of at least 5,000 lb (2.27 mt) prior to

the promulgation of the final regulations implementing Amendment 5.

Under both moratoria, vessel replacement would be allowed if a

qualifying vessel leaves the fishery involuntarily; for example, if it

sinks.

Comments during the public hearings held in December, 1994,

indicated that the industry believed the qualification period for the

Illex squid permit should be extended back to August 13, 1981. This

revision would allow the catch history of vessels that participated in

the foreign joint venture fishery prior to 1988 to qualify them for a

moratorium permit. At the February 23, 1995, SMB Committee meeting,

industry representatives argued that it would not be fair to limit the

extension of the qualification period to the Illex fishery only,

convincing the Committee to recommend that the Council extend the

qualification period back to 1981, for both the Illex and Loligo/

butterfish moratoria permits. Furthermore, the SMB Committee believed

that the Loligo/butterfish landing criterion was not in line with

active participation in these fisheries. It recommended requiring

20,000 lb (9.07 mt) to have been landed in any 30-consecutive-day

period during the qualification period. The Council accepted the SMB

Committee's recommendations at its March, 1995, meeting. However, since

these changes to the Public Hearing Draft regarding qualifying

conditions were viewed as substantive, a Supplemental Public Hearing

Draft was developed and presented at public hearings in April, 1995.

After taking into account public comment, the Council adopted the

revised qualifying criteria in May, 1995.

Party or Charter Boat Permit

The owner of a party or charter boat (vessel for hire) would be

required to obtain an SMB party or charterboat permit. A party or

charter vessel obtaining this permit could also have a commercial

permit for Atlantic mackerel or a commercial moratorium permit for

Illex squid and/or Loligo/butterfish if the vessel meets the qualifying

criteria. However, such a vessel would be prohibited from fishing

commercially when carrying passengers for a fee.

Atlantic Mackerel Permit

Although a moratorium would not exist on entry into the Atlantic

mackerel fishery, an Atlantic mackerel permit would be required to

harvest and sell Atlantic mackerel. Vessels receiving permits for the

Atlantic mackerel fishery would be required to comply with the

requirements implemented under the FMP, including recordkeeping and

reporting.

Operator Permit

An operator of a vessel with a permit issued under this FMP would

be required to have an operator permit issued by the Northeast Region,

NMFS. The operator permits issued to operators in the fisheries for

Northeast multispecies, American lobster, and Atlantic sea scallops

would satisfy this requirement. The operator would be held accountable

for violations of the fishing regulations and would be subject to a

permit sanction. During the permit sanction period, the operator could

not work in any capacity aboard a federally permitted fishing vessel.

Transfers at Sea

Only vessels issued a moratorium permit would be allowed to

transfer Loligo squid, Illex squid, or butterfish at sea. This

provision is intended to enhance enforcement of the incidental catch

allowance for vessels without moratorium permits, which is currently

specified as 2,500 lb (1.13 mt) of Illex, Loligo, or butterfish per

trip.

Reporting and Recordkeeping

The Council intends to institute recordkeeping and reporting

[[Page 65621]]

requirements in the FMP that are identical to those required by the

Summer Flounder, Northeast Multispecies, and Atlantic Sea Scallop

Fishery Management Plans.

Commercial logbooks would be submitted on a monthly basis by vessel

owners in order to monitor the fishery. Real-time assessment and

management of the Loligo and Illex resources may be necessary due to

the risk of overfishing stocks comprised of only a single cohort. The

Council proposes that the Regional Director specify, during the first

year of implementation, the data elements and reporting mechanism

required to establish a real-time assessment and management program for

the annual squid species. The Council would investigate the feasibility

of such a management system in year 2 of the management program.

Operators of party and charter boats with Federal permits would also be

required to provide catch information on logbooks submitted monthly.

Dealers with permits issued pursuant to the FMP would submit weekly

reports showing species purchased in pounds, and the name and permit

number of the vessels from which the aforementioned species were

purchased. Buyers that do not purchase directly from vessels would not

be required to submit reports under this provision.

Minimum Mesh Size Requirement for Loligo Squid

The minimum mesh size requirement for the Loligo squid fishery and

exemptions from that requirement would be established on a framework

basis. These provisions could be changed by the Regional Director based

upon the recommendation of the Council. This amendment proposes that

initially, otter trawl vessels possessing one pound (0.45 kg) or more

of Loligo squid be required to fish with nets having a minimum mesh

size of 1-7/8 inch (48-mm) diamond mesh, inside stretch measure,

applied throughout the net including the body and codend. A liner would

be allowed to close the opening created by the rings in the rearmost

portion of the codend, provided that it does not extend more than ten

meshes forward from the rearmost portion of the codend. Net

strengtheners, ropes, lines, or chafing gear on the outer portion of

the trawl net would be required to have a mesh opening of at least 4.5

inches (115 mm), inside stretch measure. This provision would be

implemented as a fishery measure that could be adjusted annually by the

Regional Director, based upon a recommendation by the Council.

There are two proposed exemptions from the minimum mesh size

requirement for Loligo. The first would exempt vessels fishing for

Illex during the months of June, July, August, and September seaward of

the 50-fathom curve. The second would exempt vessels participating in

the directed fishery for sea herring, provided that 75 percent or more

of their catch, by weight, is comprised of sea herring.

NMFS Office of Enforcement and the Coast Guard have expressed

concern about the enforceability of an exemption area defined by a

fathom curve, so NMFS proposes a set of latitude-longitude coordinates

intended to follow closely the 50-fathom curve and achieve the

Council's intent in an enforceable manner. These law enforcement

agencies are also concerned with the feasibility of the proposed sea

herring exemption because of the difficulties in ascertaining relative

percentages of the catch. After receiving public comment on these

exemptions, NMFS will determine how best to administer these

provisions, should they be approved.

Classification

Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires

NMFS to publish regulations proposed by a Council within 15 days of

receipt of the amendment and proposed regulations. At this time, NMFS

has not determined that the amendment these rules would implement is

consistent with the national standards, other provisions of the

Magnuson Act, and other applicable law. NMFS, in making that

determination, will take into account the information, views, and

comments received during the comment period.

The General Counsel of the Department of Commerce certified to the

Chief Counsel for Advocacy, Small Business Administration, that this

proposed rule, if adopted, would not have a significant economic impact

on a substantial number of small entities. The provisions that would be

implemented by Amendment 5 would prevent overcapitalization of these

fisheries relative to abundance and availability of the stocks of

Loligo, Illex, and butterfish. Amendment 5, as indicated in the initial

regulatory flexibility analysis prepared by the Council, would

essentially maintain the status quo, in terms of revenues for

participants in the fishery, since the proposed limited entry measures

would include historical participants in the fisheries. Proposed

measures would not substantially affect more than 20 percent of the

present participants in these fisheries and would not directly increase

or decrease utilization or production of the affected species resulting

in a change in expected revenues of greater than 5 percent.

This proposed rule contains collection-of-information requirements

subject to the Paperwork Reduction Act (PRA). Mandatory dealer

reporting and annual employment data reporting have been approved by

OMB under control numbers 0648-0229 and 0648-0018, respectively. Dealer

reporting responses are estimated to take 2 minutes and employment data

responses 6 minutes. The proposed rule also contains new requirements

that have been submitted to OMB for approval. These requirements and

their estimated response times are: vessel permits and vessel permit

appeals at 30 minutes per response, operator permits at one hour per

response, dealer permits at 5 minutes per response, and an observer

notification requirement at 2 minutes per response.

The response estimates shown include the time for reviewing

instructions, searching exiting data sources, gathering and maintaining

the data needed, and completing and reviewing the collection of

information. Send comments regarding any of these burden estimates or

any other aspect of the collection of information to NMFS or OMB at the

ADDRESSES above. Notwithstanding any other provision of the law, no

person is required to respond to, nor shall any person be subject to a

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.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

List of Subjects

50 CFR Part 611

Fisheries, Foreign relations, Reporting and recordkeeping

requirements.

50 CFR Part 655

Fisheries, Reporting and recordkeeping requirements.

Dated: December 14, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR parts 611 and 655

are proposed to be amended as follows:

PART 611--FOREIGN FISHING

1. The authority citation for part 611 continues to read as

follows:

[[Page 65622]]

Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 971 et seq., 22

U.S.C. 1971 et seq., and 16 U.S.C. 1361 et seq.

2. In Sec. 611.50, paragraphs (b)(3) and (b)(4)(i) and (b)(4)(ii)

are revised to read as follows:

Sec. 611.50 Northwest Atlantic Ocean fishery.

* * * * *

(b) * * *

(3) TALFF. The TALFFs for the Northwest Atlantic Ocean fishery are

published in the Federal Register. Current TALFFs are also available

from the Regional Director. The procedures for determining and

adjusting the Atlantic mackerel TALFF is set forth in 50 CFR part 655.

(4) * * *

(i) The other allocated species, namely: Atlantic herring, Atlantic

mackerel, butterfish (as a bycatch of Atlantic mackerel), and river

herring (including alewife, blueback herring, and hickory shad); and

(ii) The prohibited species, namely: American plaice, American

shad, Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic

salmon, all marlin, all spearfish, sailfish, swordfish, black sea bass,

bluefish, croaker, haddock, ocean pout, pollock, red hake, scup, sea

turtles, sharks (except dogfish), silver hake, spot, striped bass,

summer flounder, tilefish, yellowtail flounder, weakfish, white hake,

short-finned squid, long-finned squid, windowpane flounder, winter

flounder, witch flounder, Continental Shelf fishery resources, and

other invertebrates (except non-allocated squids).

* * * * *

3. Part 655 is revised to read as follows:

PART 655--ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERIES

Subpart A--General Provisions

Sec.

655.1 Purpose and scope.

655.2 Definitions.

655.3 Relation to other laws.

655.4 Vessel permits.

655.5 Operator permit.

655.6 Dealer permit.

655.7 Recordkeeping and reporting requirements.

655.8 Vessel identification.

655.9 Prohibitions.

655.10 Facilitation of enforcement.

655.11 Penalties.

Subpart B--Management Measures

655.20 Fishing year.

655.21 Maximum optimum yields.

655.22 Procedures for determining initial amounts.

655.23 Closure of the fishery.

655.24 Time and area restrictions for directed foreign fishing.

655.25 Gear restrictions.

655.26 Minimum fish sizes. [Reserved]

655.27 Possession limits. [Reserved]

655.28 At-sea observer coverage.

655.29 Transfer-at-sea.

655.30 Experimental fishery.

Figure 1 to Part 655--Exemption line to minimum net mesh-size

requirement for Loiigo squid.

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

Subpart A--General Provisions

Sec. 655.1 Purpose and scope.

(a) The regulations in this part govern the conservation and

management of Atlantic mackerel, Illex squid, Loligo squid, and

butterfish.

(b) The regulations governing fishing for Atlantic mackerel, Illex

squid, Loligo squid, and butterfish by vessels other than vessels of

the United States are contained in 50 CFR part 611.

(c) This part implements the Fishery Management Plan for the

Atlantic Mackerel, Squid, and Butterfish Fisheries of the Northwest

Atlantic Ocean.

Sec. 655.2 Definitions.

In addition to the definitions in the Magnuson Act and in

Sec. 620.2 of this chapter, the terms used in this part have the

following meanings:

Atlantic butterfish or butterfish means the species Peprilus

triacanthus.

Atlantic mackerel or mackerel means the species Scomber scombrus.

Atlantic Mackerel, Squid, and Butterfish Monitoring Committee or

Monitoring Committee means a committee made up of staff representatives

of the Mid-Atlantic and New England Fishery Management Councils, and

the Northeast Regional Office and Northeast Fisheries Science Center of

NMFS. The Council Executive Director or a designee chairs the

Committee.

Being rerigged means physical alteration of the vessel or its gear

had begun to transform the vessel into one capable of fishing

commercially for squid or butterfish.

Blast freezer means a freezing system in which fish are frozen by

being exposed to cold air being blown over them. The freezer must be

designed for use on a fishing vessel rather than designed for

residential or similar use.

Charter or party boat means any vessel that carries passengers for

hire to engage in fishing.

Council means the Mid-Atlantic Fishery Management Council.

Dealer means any person who receives squid, mackerel, or butterfish

for a commercial purpose, other than solely for transport on land, from

the owner or operator of a vessel issued a permit under Sec. 655.4.

Fishery Management Plan (FMP) means the Fishery Management Plan for

the Atlantic mackerel, squid, and butterfish fisheries of the Northwest

Atlantic Ocean, as revised by subsequent amendments.

Fishing for commercial purposes means any fishing or fishing

activity that results in the harvest of Atlantic mackerel, squid, or

butterfish, one or more of which (or parts thereof) is sold, traded, or

bartered.

Fishing trip or trip means a period of time during which fishing is

conducted, beginning when the vessel leaves port and ending when the

vessel returns to port.

Gross registered tonnage (GRT) means the gross tonnage specified on

the U.S. Coast Guard documentation.

Illex means the species Illex illecebrosus (short-finned or summer

squid).

Joint venture harvest means U.S.-harvested Atlantic mackerel

transferred to foreign vessels in the EEZ.

Land means to begin offloading fish or to offload fish at sea or on

land, or to enter port with fish.

Liner means a piece of mesh rigged inside the main or outer net.

Loligo means the species Loligo pealei (long-finned or bone squid).

Metric ton (mt) means 1,000 kg or 2,204.6 lb.

Operator means the master, captain, or other individual on board a

fishing vessel and in charge of that vessel's operations.

Personal use means not for sale, barter, or trade.

Plate freezer means a freezing system in which fish are frozen by

contact with refrigerated plates. The freezer must be designed for use

on a fishing vessel rather than designed for residential or similar

use.

Postmark means independently verifiable evidence of date of

mailing, such as U.S. Postal Service postmark, United Parcel Service

(U.P.S.) or other private carrier postmark, certified mail receipt,

overnight mail receipt, or receipt received upon hand delivery to an

authorized representative of NMFS.

Recirculating sea water equipment means a refrigerated sea-water

system in which the seawater cooled by mechanical refrigeration is

circulated through tanks that contain fish.

Recreational fishing means fishing that is not intended to, nor

does result in, the barter, trade, or sale of fish.

Recreational fishing vessel means any vessel from which no fishing

other than recreational fishing is conducted. Charter and party boats

are not considered recreational fishing vessels.

Regional Director means the Regional Director, Northeast Region,

National

[[Page 65623]]

Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 01930-2298,

or a designee.

Reporting month means the period of time beginning at 0001 hours

local time on the first day of each calendar month and ending at 2400

hours local time on the last day of each calendar month.

Reporting week means a period of time beginning at 0001 hours local

time on Sunday and ending at 2400 hours local time the following

Saturday.

Squid means Loligo pealei and Illex illecebrosus.

Substantially similar harvesting capacity means the same or less

GRT and vessel registered length for commercial vessels.

Total length (TL) means the distance from the tip of the snout to

the tip of the tail (caudal fin) while the fish is lying on its side

normally extended.

Transfer means to begin to remove, to pass over the rail, or

otherwise take away fish from any vessel and move them to another

conveyance.

Under construction means that the keel has been laid.

Vessel registered length means the registered length specified on

U.S. Coast Guard Documentation, or state registration if the state

registered length is verified by a NMFS authorized official.

Sec. 655.3 Relation to other laws.

(a) The relation of this part to other laws is set forth in

Sec. 620.3 of this chapter and paragraphs (b) through (d) of this

section.

(b) Additional regulations governing domestic fishing for Northeast

Multispecies, which affect this part, are found at 50 CFR part 651.

(c) Additional regulations governing domestic fishing for summer

flounder, which affect this part, are found at 50 CFR part 625.

(d) Nothing in these regulations supersedes more restrictive state

management measures.

Sec. 655.4 Vessel permits.

(a) General--(1) Requirement. Vessels, including party or charter

vessels, must obtain a permit issued under this part to fish for or

retain Atlantic mackerel, Loligo, Illex, or butterfish in or from the

EEZ. This requirement does not pertain to recreational fishing vessels.

(2) Condition. Vessel owners who apply for a fishing vessel permit

under this section must agree as a condition of the permit that the

vessel's fishing, catch and pertinent gear (without regard to whether

such fishing occurs in or from the EEZ or landward of the EEZ, and

without regard to where such fish or gear are possessed, taken or

landed) will be subject to all requirements of this part. All such

fishing, catch and gear will remain subject to all applicable state

requirements. If a requirement of this part and a management measure

required by state law differ, any vessel owner permitted to fish in the

EEZ must comply with the more restrictive requirement.

(b) Moratorium permits--(1) Loligo squid and butterfish. A vessel

is eligible for a moratorium permit to fish for and retain Loligo squid

or butterfish in excess of the incidental catch allowance specified in

paragraph (c)(1) of this section, if it meets any of the following

criteria:

(i) The vessel landed and sold at least 20,000 lb (9.07 mt) of

Loligo or butterfish in any 30-consecutive-day period between August

13, 1981, and August 13, 1993; or

(ii) The vessel is replacing a vessel of substantially similar

harvesting capacity that involuntarily left the Loligo or butterfish

fishery during the effective period of the moratorium, and both the

entering and replaced vessels are owned by the same person. Vessel

permits issued to vessels that involuntarily leave the fishery may not

be combined to create larger replacement vessels.

(iii) Vessels that are judged unseaworthy by the Coast Guard for

reasons other than lack of maintenance may be replaced by a vessel of

substantially similar harvesting capacity during the effective period

of the moratorium.

(2) Illex squid. A vessel is eligible for a moratorium permit to

fish for and retain Illex squid in excess of the incidental catch

allowance specified in paragraph (c)(1) of this section, if it meets

any of the following criteria:

(i) The vessel landed and sold at least 5,000 lb (2.27 mt) of Illex

on each of five trips between August 13, 1981, and August 13, 1993; or

(ii) Recirculating sea water equipment or an on-board commercial

plate or blast freezer was purchased by May 31, 1994, and installed on

the vessel, and the vessel landed five trips of at least 5,000 lb (2.27

mt) each of Illex prior to the effective date of these regulations; or

(iii) The vessel is replacing a vessel of substantially similar

harvesting capacity that involuntarily left the Illex fishery during

the effective period of the moratorium, and both the entering and

replaced vessels are owned by the same person. Vessel permits issued to

vessels that involuntarily leave the fishery may not be combined to

create larger replacement vessels.

(iv) Vessels that are judged unseaworthy by the Coast Guard for

reasons other than lack of maintenance may be replaced by a vessel with

the same or less GRT and vessel registered length for commercial

vessels during the effective period of the moratorium.

(3) Restriction. No one may apply for the permits specified in

paragraphs (b) (1) and (2) of this section more than 12 months after

the effective date of these regulations, or the event specified under

paragraph (i)(1) of this section. This section does not affect annual

permit renewals.

(4) Appeal of denial of permit. (i) Any applicant denied a

moratorium permit may appeal to the Regional Director within 30 days of

the notice of denial. Any such appeal shall be in writing. The only

ground for appeal is that the Regional Director erred in concluding

that the vessel did not meet the criteria in paragraph (b) of this

section. The appeal shall set forth the basis for the applicant's

belief that the Regional Director's decision was made in error.

(ii) The appeal may be presented, at the option of the applicant,

at a hearing before an officer appointed by the Regional Director.

(iii) The hearing officer shall make a recommendation to Regional

Director.

(iv) The decision on the appeal by the Regional Director is the

final decision of the Department of Commerce.

(c) Incidental catch permit. (1) Any vessel of the United States

may obtain a permit to fish for or retain up to 2,500 lb (1.13 mt) of

Loligo squid, Illex squid, or butterfish as an incidental catch in

another directed fishery.

(2) Adjustments to the incidental catch. The incidental catch

allowance may be revised by the Regional Director after recommendation

by the Council following the procedure set forth in Sec. 655.22. NMFS

will publish a notification of any proposed adjustment in the Federal

Register. The public may comment on the adjustment for 30 days after

the date of publication. After consideration of public comments, NMFS

may publish a notification of adjustment to the incidental catch

allowance in the Federal Register.

(d) Atlantic mackerel permit. Any vessel of the United States may

obtain a permit to fish for or retain Atlantic mackerel in or from the

EEZ.

(e) Party and charter boat permit. Any party or charter boat may

obtain a permit to fish for or retain Atlantic mackerel, squid or

butterfish while carrying passengers for hire.

(f) Vessel permit application. (1) An application for a permit

under this section must be submitted and signed by the owner of the

vessel on an appropriate form obtained from the Regional Director at

least 30 days prior to the date on which the applicant

[[Page 65624]]

desires to have the permit made effective. The Regional Director will

notify the applicant of any deficiency in the application pursuant to

this section. Applicants for moratorium permits shall provide

information with the application sufficient for the Regional Director

to determine if the vessel meets any eligibility requirements. Dealer

weighout forms, joint venture receipts, and notarized statements from

marine architects or surveyors or shipyard officials will be considered

acceptable forms of proof.

(2) Information requirements. In addition to applicable information

required to be provided by paragraph (f)(1) of this section, an

application for a permit under this section must contain at least the

following information, and any other information required by the

Regional Director: Vessel name; owner name, mailing address, and

telephone number; U.S. Coast Guard documentation number and a valid

copy of the vessel's U.S. Coast Guard documentation or, if

undocumented, the state registration number and a copy of the current

state registration; home port and principal port of landing; overall

length; gross tonnage; net tonnage; engine horsepower; year the vessel

was built; type of construction; type of propulsion; approximate fish

hold capacity; type of fishing gear used by the vessel; number of crew;

permit category; if the owner is a corporation, a copy of the

Certificate of Incorporation showing the principals in the corporation,

and the names and addresses of all shareholders owning 25 percent or

more of the corporation's shares; if the owner is a partnership, a copy

of the Partnership Agreement and the names and addresses of all

partners; if there is more than one owner, names of all owners that

have acquired more than a 25-percent interest; the name and signature

of the owner or the owner's authorized representative; permit number of

any current or, if expired, previous Federal fishery permit issued to

the vessel; and a copy of the charter/party boat license and number of

passengers the vessel is licensed to carry (charter and party boats);

and any other information required by the Regional Director to manage

the fishery.

(g) Fees. The Regional Director may charge a fee to recover

administrative expenses of issuing a permit required under this

section. The amount of the fee is calculated in accordance with the

procedures of the NOAA Finance Handbook for determining administrative

costs of each special product or service. The fee may not exceed such

costs and is specified on each application form. The appropriate fee

must accompany each application; if it does not, the application will

be considered incomplete for purposes of paragraph (h) of this section.

Any fee paid by an insufficient bank draft shall render any permit

issued on the basis thereof null and void.

(h) Issuance. (1) Except as provided in Subpart D of 15 CFR Part

904, the Regional Director will issue a permit under this section

within 30 days of receipt of the application unless:

(i) The applicant has failed to submit a complete application as

described in paragraph (f) of this section. An application is complete

when all requested forms, information, documentation, and fees, if

applicable, have been received; or

(ii) The application was not received by the Regional Director by

the deadlines set forth in paragraph (b)(3) of this section; or

(iii) The applicant has failed to comply with all applicable

reporting requirements of Sec. 655.7 during the 12 months immediately

preceding the application.

(2) Upon receipt of an incomplete application, or an application

from a person who has not complied with all applicable reporting

requirements of Sec. 655.7 during the 12 months immediately preceding

the application, the Regional Director will notify the applicant of the

deficiency. If the applicant fails to correct the deficiency within 30

days of the Regional Director's notification, the application will be

considered abandoned.

(i) Expiration. Except as provided in paragraphs (b)(1)(ii) and

(b)(2)(iii) of this section, a permit expires:

(1) When the owner retires the vessel from the fishery;

(2) Upon the renewal date specified on the permit; or

(3) When the ownership of the vessel changes; however, the Regional

Director may authorize the continuation of a moratorium permit for the

squid and butterfish fisheries if the new owner requests. Applications

for permit continuations must be addressed to the Regional Director.

(j) Duration. A permit is valid until it is revoked, suspended, or

modified under 15 CFR part 904, or until it otherwise expires, or

ownership changes, or the applicant has failed to report any change in

the information on the permit application to the Regional Director as

specified in paragraph (m) of this section.

(k) Replacement. Replacement permits for an otherwise valid permit

may be issued by the Regional Director when requested in writing by the

owner or authorized representative, stating the need for replacement,

the name of the vessel, and the federal fisheries permit number

assigned. An application for a replacement permit will not be

considered a new application. An appropriate fee may be charged for

issuance of the replacement permit.

(l) Transfer. Permits issued under this part are not transferable

or assignable. A permit is valid only for the fishing vessel and owner

for which it is issued.

(m) Change in application information. Any change in the

information specified in paragraph (f)(2) of this section must be

submitted by the applicant in writing to the Regional Director within

15 days of the change. If the written notice of the change in

information is not received by the Regional Director within 15 days,

the permit is void.

(n) Alteration. Any permit that has been altered, erased, or

mutilated is invalid.

(o) Display. The permit must be maintained in legible condition and

displayed for inspection upon request by any authorized officer.

(p) Sanctions. Procedures governing enforcement-related permit

sanctions and denials are found at subpart D of 15 CFR part 904.

Sec. 655.5 Operator permit.

(a) General. Any operator of a vessel holding a valid Federal

Atlantic mackerel, Loligo, Illex, or butterfish permit under this part,

or any operator of a vessel fishing for Atlantic mackerel, Loligo,

Illex, or butterfish in the EEZ or in possession of Atlantic mackerel,

Loligo, Illex, or butterfish in or harvested from the EEZ, must have

and carry on board a valid operator's permit issued under this part. An

operator permit issued pursuant to Parts 649, 650, or 651 shall satisfy

the permitting requirement of this paragraph.

(b) Operator application. Applicants for a permit under this

section must submit a completed permit application on an appropriate

form obtained from the Regional Director. The application must be

signed by the applicant and submitted to the Regional Director at least

30 days prior to the date on which the applicant desires to have the

permit made effective. The Regional Director will notify the applicant

of any deficiency in the application pursuant to this section.

(c) Condition. Vessel operators who apply for an operator's permit

under this section must agree as a condition of this permit that the

operator and vessel's fishing, catch, and pertinent gear (without

regard to whether such fishing occurs in the EEZ or landward of the

EEZ, and without regard to where

[[Page 65625]]

such fish or gear are possessed, taken, or landed), are subject to all

requirements of this part while fishing in the EEZ or on board a vessel

permitted under Sec. 655.4. The vessel and all such fishing, catch, and

gear will remain subject to all applicable state or local requirements.

Further, such operators must agree as a condition of this permit that,

if the permit is suspended or revoked pursuant to 15 CFR part 904, the

operator cannot be on board any fishing vessel issued a Federal

Fisheries Permit or any vessel subject to Federal fishing regulations

while the vessel is at sea or engaged in offloading. If a requirement

of this part and a management measure required by state or local law

differ, any operator issued a permit under this part must comply with

the more restrictive requirement.

(d) Information requirements. An applicant must provide at least

all the following information and any other information required by the

Regional Director: Name, mailing address, and telephone number; date of

birth; hair color; eye color; height; weight; social security number

(optional); and signature of the applicant. The applicant must also

provide two recent (no more than 1 year old) color passport-size

photographs.

(e) Fees. The Regional Director may charge a fee to recover the

administrative expense of issuing a permit required under this section.

The amount of the fee is calculated in accordance with the procedures

of the NOAA Finance Handbook for determining the administrative costs

of each special product or service. The fee may not exceed such costs

and is specified on each application form. The appropriate fee must

accompany each application; if it does not, the application will be

considered incomplete for purposes of paragraph (f) of this section.

Any fee paid by an insufficiently funded commercial instrument shall

render any permit issued on the basis thereof null and void.

(f) Issuance. Except as provided in subpart D of 15 CFR part 904,

the Regional Director shall issue an operator's permit within 30 days

of receipt of a completed application if the criteria specified herein

are met. Upon receipt of an incomplete or improperly executed

application, the Regional Director will notify the applicant of the

deficiency in the application. If the applicant fails to correct the

deficiency within 30 days following the date of notification, the

application will be deemed abandoned.

(g) Expiration. A Federal operator permit will expire upon the

renewal date specified in the permit.

(h) Duration. A permit is valid until it is revoked, suspended or

modified under 15 CFR part 904, or otherwise expires, or the applicant

has failed to report a change in the information on the permit

application to the Regional Director as specified in paragraph (k) of

this section.

(i) Replacement. Replacement permits, for otherwise valid permits,

may be issued by the Regional Director when requested in writing by the

applicant, stating the need for replacement and the Federal operator

permit number assigned. An applicant for a replacement permit must also

provide two recent color passport-size photos of the applicant. An

application for a replacement permit will not be considered a new

application. An appropriate fee may be charged.

(j) Transfer. Permits issued under this section are not

transferable or assignable. A permit is valid only for the person to

whom it is issued.

(k) Change in application information. Notice of a change in the

permit holder's name, address, or telephone number must be submitted in

writing to, and received by, the Regional Director within 15 days of

the change in information. If written notice of the change in

information is not received by the Regional Director within 15 days,

the permit is void.

(l) Alteration. Any permit that has been altered, erased, or

mutilated is invalid.

(m) Display. Any permit issued under this part must be maintained

in legible condition and displayed for inspection upon request by any

authorized officer.

(n) Sanctions. Vessel operators with suspended or revoked permits

may not be on board a federally permitted fishing vessel in any

capacity while the vessel is at sea or engaged in offloading.

Procedures governing enforcement related permit sanctions and denials

are found at subpart D of 15 CFR part 904.

(o) Vessel owner responsibility. Vessel owners are responsible for

ensuring that their vessels are operated by an individual with a valid

operator's permit issued under this section.

Sec. 655.6 Dealer permit.

(a) General. All dealers must have a valid permit issued under this

part in their possession.

(b) Dealer application. Applicants for a permit under this section

must submit a completed application on an appropriate form provided by

the Regional Director. The application must be signed by the applicant

and submitted to the Regional Director at least 30 days before the date

upon which the applicant desires to have the permit made effective. The

Regional Director will notify the applicant of any deficiency in the

application pursuant to this section.

(c) Information requirements. Applications must contain at least

the following information and any other information required by the

Regional Director: Company name, place(s) of business, mailing

address(es) and telephone number(s), owner's name; dealer permit number

(if a renewal); and name and signature of the person responsible for

the truth and accuracy of the report. If the dealer is a corporation, a

copy of the Certificate of Incorporation must be included with the

application. If the dealer is a partnership, a copy of the Partnership

Agreement and the names and addresses of all partners must be included

with the application.

(d) Fees. The Regional Director may charge a fee to recover the

administrative expense of issuing a permit required under this section.

The amount of the fee is calculated in accordance with the procedures

of the NOAA Finance Handbook for determining the administrative costs

of each special product or service. The fee may not exceed such costs

and is specified with each application form. The appropriate fee must

accompany each application; if it does not, the application will be

considered incomplete for purposes of paragraph (e) of this section.

Any fee paid by an insufficiently funded commercial instrument shall

render any permit issued on the basis thereof null and void.

(e) Issuance. Except as provided in subpart D of 15 CFR part 904,

the Regional Director will issue a permit at any time during the

fishing year to an applicant unless the applicant has failed to submit

a completed application. An application is complete when all requested

forms, information, and documentation have been received and the

applicant has submitted all applicable reports specified in

Sec. 655.7(a). Upon receipt of an incomplete or improperly executed

application, the Regional Director will notify the applicant of the

deficiency in the application. If the applicant fails to correct the

deficiency within 30 days following the date of notification, the

application will be considered abandoned.

(f) Expiration. A permit will expire upon the renewal date

specified in the permit.

(g) Duration. A permit is valid until it is revoked, suspended, or

modified

[[Page 65626]]

under 15 CFR part 904, or otherwise expires, or ownership changes, or

the applicant has failed to report any change in the information on the

permit application to the Regional Director as required by paragraph

(j) of this section.

(h) Replacement. Replacement permits, for otherwise valid permits,

may be issued by the Regional Director when requested in writing by the

applicant, stating the need for replacement and the Federal dealer

permit number assigned. An application for a replacement permit will

not be considered a new application. An appropriate fee may be charged.

(i) Transfer. Permits issued under this part are not transferable

or assignable. A permit is valid only for the person to whom, or other

business entity to which, it is issued.

(j) Change in application information. Within 15 days after a

change in the information contained in an application submitted under

this section, a written report of the change must be submitted to, and

received by, the Regional Director. If written notice of the change in

information is not received by the Regional Director within 15 days,

the permit is void.

(k) Alteration. Any permit that has been altered, erased, or

mutilated is invalid.

(l) Display. Any permit, or a valid duplicate thereof, issued under

this part must be maintained in legible condition and displayed for

inspection upon request by any authorized officer.

(m) Federal versus state requirements. If a requirement of this

part differs from a fisheries management measure required by state law,

any dealer issued a Federal dealer permit must comply with the more

restrictive requirement.

(n) Sanctions. Procedures governing enforcement-related permit

sanctions and denials are found at subpart D of 15 CFR part 904.

Sec. 655.7 Recordkeeping and reporting requirements.

(a) Dealers--(1) Weekly report. Dealers must send by mail, to the

Regional Director or official designee, on a weekly basis, on forms

supplied by or approved by the Regional Director, a report of fish

purchases. If authorized in writing by the Regional Director, dealers

may submit reports electronically or through other media. The following

information and any other information required by the Regional Director

must be provided in the report: Name and mailing address of dealer;

dealer number; name and permit number of the vessels from which fish

are landed or received; dates of purchases; pounds by species; price by

species; and port landed. If no fish are purchased during the week, a

report so stating must be submitted. All report forms must be signed by

the dealer or other authorized individual.

(2) Annual report. All persons required to submit reports under

paragraph (a)(1) of this section are required to complete the

``Employment Data'' section of the Annual Processed Products Reports;

completion of the other sections on that form is voluntary. Reports

must be submitted to the address supplied by the Regional Director.

(3) Inspection. Upon the request of an authorized officer, or by an

employee of NMFS designated by the Regional Director to make such

inspections, the dealer must make immediately available for inspection

copies of the required reports that have been submitted, or should have

been submitted, and the records upon which the reports were based.

(4) Record retention. Copies of reports, and records upon which the

reports were based, must be retained and be available for review for 1

year after the date of the last entry on the report. The dealer must

retain such reports and records at its principal place of business.

(5) Submitting reports. Reports must be received, or postmarked if

mailed, within 3 days after the end of each reporting week. Each dealer

will be sent forms and instructions, including the address to which to

submit reports, shortly after receipt of a dealer permit.

(6) At-sea activities. All persons purchasing, receiving, or

processing any mackerel, squid, or butterfish at sea for landing at any

port of the United States must submit information identical to that

required by paragraphs (a) (1) and (2) of this section and provide

those reports to the Regional Director or designee on the same

frequency basis.

(b) Vessel owners--(1) Fishing log reports. The owner of any vessel

issued a Federal Atlantic mackerel, Loligo squid, butterfish or Illex

squid permit under Sec. 655.4 must maintain on board the vessel, and

submit, an accurate daily fishing log report for all fishing trips,

regardless of species fished for or taken, on forms supplied by or

approved by the Regional Director. If authorized in writing by the

Regional Director, vessel owners may submit reports electronically. At

least the following information, and any other information required by

the Regional Director, must be provided: Vessel name, U.S. Coast Guard

(USCG) documentation number (or state registration number if

undocumented); permit number; date/time sailed; date/time landed; trip

type; number of crew; number of anglers (if a charter or party boat);

gear fished; quantity and size of gear; mesh/ring size; chart area

fished; average depth; latitude/longitude (or loran station and

bearings); total hauls per area fished; average tow time duration;

pounds by species of all species landed or discarded; dealer permit

number; dealer name; date sold; port and state landed; and vessel

operator's name, signature, and operator permit number.

(2) When to fill in the log. Fishing log reports must be filled in,

except for information required but not yet ascertainable, before

offloading has begun. All information in paragraph (b)(1) of this

section must be filled in for each fishing trip before starting the

next fishing trip.

(3) Inspection. Upon the request of an authorized officer, or an

employee of NMFS designated by the Regional Director to make such

inspections, at any time during or after a trip, owners and operators

must make immediately available for inspection the fishing log reports

currently in use, or to be submitted.

(4) Record retention. Copies of the fishing log reports must be

retained and available for review for 1 year after the date of the last

entry on the report.

(5) Submitting reports. Fishing log reports must be received or

postmarked, if mailed, within 15 days after the end of the reporting

month. Each owner will be sent forms and instructions, including the

address to which to submit reports, shortly after receipt of a Federal

Fisheries Permit. If no fishing trip is made during a month, a report

so stating must be submitted.

Sec. 655.8 Vessel identification.

(a) Vessel name. Each fishing vessel owner subject to this part and

over 25 ft (7.6 m) in length must affix permanently its name on the

port and starboard sides of the bow and, if possible, on its stern.

(b) Official number. Each fishing vessel owner subject to this

section and over 25 ft (7.6 m) in length must display its official

number on the port and starboard sides of its deckhouse or hull, and on

an appropriate weather deck, so as to be visible from above by

enforcement vessels and aircraft. The official number is the U.S. Coast

Guard documentation number, or the vessel's state registration number

for vessels not required to be documented under title 46 of U.S.C.

(c) Numerals. Except as provided in paragraph (e) of this section,

the official number must be permanently affixed in block arabic

numerals in contrasting color at least 18 inches (45.7 cm) in

[[Page 65627]]

height for vessels over 65 ft (19.8 m) in length, and at least 10

inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in

length.

(d) Duties of owner. Any vessel owner subject to this part will:

(1) Keep the vessel's name and official number clearly legible and

in good repair; and

(2) Ensure that no part of the vessel, its rigging, its fishing

gear, or any other object obstructs the view of the official number

from any enforcement vessel or aircraft.

(e) Nonpermanent marking. Vessels carrying recreational fishing

parties on a per capita basis or by charter must use markings that meet

the above requirements, except for the requirement that they be affixed

permanently to the vessel. The nonpermanent markings must be displayed

in conformity with the above requirements when the vessel is fishing

for Atlantic mackerel, squid, or butterfish.

Sec. 655.9 Prohibitions.

(a) In addition to the general prohibitions specified in Sec. 620.7

of this chapter, it is unlawful for any person owning or operating a

vessel issued a valid Federal Atlantic mackerel, squid, or butterfish

permit under Sec. 655.4, or issued an operator permit under Sec. 655.5,

to do any of the following:

(1) Possess more than the incidental catch allowance of squid, or

butterfish unless issued a moratorium permit pursuant to Sec. 655.4(b).

(2) Use any vessel for taking, catching, harvesting, or landing of

any Atlantic mackerel, squid, or butterfish, except as provided in

Sec. 655.4(a), unless the vessel has on board a valid permit issued

under Sec. 655.4.

(3) Fail to report to the Regional Director within 15 days any

change in the information contained in the permit application for a

vessel, as specified in Sec. 655.4(m).

(4) Falsify or fail to affix and maintain vessel markings as

required by Sec. 655.8.

(5) Take, retain, or land Atlantic mackerel, squid, or butterfish

in excess of the trip allowance specified under Sec. 655.23.

(6) Take, retain, or land Atlantic mackerel, squid, or butterfish

after a total closure specified under Sec. 655.23.

(7) Make any false statement, written or oral, to an authorized

officer, concerning the taking, catching, landing, purchase, sale, or

transfer of any mackerel, squid, or butterfish.

(8) Fish with or possess nets or netting that do not meet the

minimum mesh requirement for Loligo specified in Sec. 655.25(a) or that

are modified, obstructed, or constricted, if subject to the minimum

mesh requirement, unless the nets or netting are stowed in accordance

with Sec. 655.25(b) or the vessel is fishing under an exemption

specified in Sec. 655.25(a).

(9) Sell or transfer Atlantic mackerel, squid, or butterfish to

another person for a commercial purpose, other than transport, unless

that person has a dealer permit issued under Sec. 655.6.

(10) Falsify information in order to qualify a vessel for a

moratorium permit pursuant to Sec. 655.4(b).

(11) Transfer squid, or butterfish at sea to another vessel unless

that other vessel is issued a valid moratorium permit issued pursuant

to Sec. 655.4(b) or a letter of authorization issued by the Regional

Director.

(12) Fail to comply with any measures implemented pursuant to

Sec. 655.22.

(13) Refuse to embark a sea sampler if requested by the Regional

Director.

(14) Assault, resist, oppose, impede, harass, intimidate, or

interfere with or bar by command, impediment, threat, coercion or

refusal of reasonable assistance an observer or sea sampler conducting

his or her duties aboard a vessel.

(15) Fail to affix and maintain markings as required by Sec. 655.8.

(16) Carry passengers for hire while fishing commercially under a

permit issued pursuant to Sec. 655.4 (b), (c), or (d).

(17) Fail to carry on board a letter of authorization if fishing in

an experimental fishery pursuant to Sec. 655.30.

(18) Employ an operator on board a vessel who has not been issued

an operator permit that meets the requirements of Sec. 655.5.

(b) It is unlawful for the owner and operator of a party or charter

boat issued a permit (including a moratorium permit) pursuant to

Sec. 655.4, when the boat is carrying passengers for hire, to do any of

the following:

(1) Violate any recreational fishing measures established pursuant

to Sec. 655.22(d)

(2) Sell or transfer Atlantic mackerel, squid, or butterfish to

another person for a commercial purpose.

(3) Refuse to embark a sea sampler if requested by the Regional

Director.

(c) It is unlawful for any person to do any of the following:

(1) Possess in or harvest from the EEZ Atlantic mackerel, squid, or

butterfish, except as provided in Sec. 655.4(a), unless the person is

operating a vessel issued a permit pursuant to Sec. 655.4, and the

permit is on board the vessel, and has not been surrendered, revoked,

or suspended.

(2) Possess nets or netting with mesh not meeting the minimum size

requirement of Sec. 655.25 that does not meet the net stowage

provisions of Sec. 655.25, if the person possesses Loligo squid

harvested in or from the EEZ.

(3) If subject to the permitting requirements in Sec. 655.4,

Sec. 655.5, or Sec. 655.6, to offload, to cause to be offloaded, sell

or buy, whether on land or at sea, as an owner, operator, dealer,

buyer, or receiver, without accurately and completely preparing and

submitting in a timely fashion the documents required by Sec. 655.7.

(4) Transfer squid or butterfish within the EEZ, unless the vessels

participating in the transfer are issued valid moratorium permits

pursuant to Sec. 655.4(b) or valid letters of authorization pursuant to

Sec. 655.29.

(5) Purchase or otherwise receive, except for transport, Atlantic

mackerel, squid, or butterfish from the owner or operator of a vessel

issued a permit pursuant to Sec. 655.4, unless in possession of a valid

permit issued under Sec. 655.6.

(6) Purchase or otherwise receive for a commercial purpose,

Atlantic mackerel, squid, or butterfish caught by other than a vessel

issued a permit pursuant to Sec. 655.4, unless the vessel has not been

issued a permit under this part and is fishing exclusively within the

waters under the jurisdiction of any state.

(7) Make any false statements, oral or written, to an authorized

officer concerning the catching, taking, harvesting, landing, purchase,

sale, possession, or transfer of any Atlantic mackerel, squid, or

butterfish.

(8) Fail to report to the Regional Director within 15 days any

change in information contained in the permit application.

(9) Assault, resist, impede, oppose, harass, intimidate, or

interfere with or bar by command, impediment, threat, coercion, or

refusal of reasonable assistance to an observer or sea sampler

conducting his or her duties aboard a vessel.

(10) Operate a vessel fishing for Atlantic mackerel, squid, or

butterfish within the EEZ, unless issued an operator permit that meets

the requirements of Sec. 655.5.

(11) Violate any other provisions of this part, the Magnuson Act,

or any regulation or permit issued under the Magnuson Act.

(d) All Atlantic mackerel and butterfish possessed on board a party

or charter boat issued a permit under Sec. 655.4 are deemed to have

been harvested from the EEZ.

(e) It is unlawful for any person to violate any terms of a letter

authorizing experimental fishing pursuant to

[[Page 65628]]

Sec. 655.30 or to fail to keep such letter on board the vessel during

the period of the experiment.

Sec. 655.10 Facilitation of enforcement.

See Sec. 620.8 of this chapter.

Sec. 655.11 Penalties.

See Sec. 620.9 of this chapter.

Subpart B--Management Measures

Sec. 655.20 Fishing year.

The fishing year is the 12-month period beginning on January 1 and

ending on December 31.

Sec. 655.21 Maximum optimum yields.

The optimum yields (OYs) specified pursuant to Sec. 655.22 during a

fishing year may not exceed the following amounts:

(a) Atlantic mackerel: That quantity of mackerel that is less than

or equal to ABC specified pursuant to Sec. 655.22;

(b) Loligo squid: 36,000 mt (79,362,000 lb);

(c) Illex squid: 30,000 mt (66,135,000 lb); and

(d) Butterfish: 16,000 mt (35,272,000 lb).

Sec. 655.22 Procedures for determining initial annual amounts.

(a) Initial annual specifications. The Atlantic Mackerel, Squid,

and Butterfish Monitoring Committee (Monitoring Committee) will meet

annually to develop specifications regarding:

(1) The initial optimum yield (IOY), domestic annual harvest (DAH),

and domestic annual processing (DAP) for the squids;

(2) The IOY, DAH, DAP and bycatch level of the total allowable

level of foreign fishing (TALFF), if any, for butterfish; and

(3) The IOY, DAH, DAP, joint venture processing (JVP), if any, and

TALFF, if any, for Atlantic mackerel.

(4) The Monitoring Committee will recommend these specifications to

the Mackerel, Squid, and Butterfish Committee (Committee) of the

Council. As a basis for establishing these specifications and

restrictions, the Monitoring Committee will review available data

pertaining to the following:

(i) Commercial and recreational landings;

(ii) Current estimates of fishing mortality;

(iii) Stock status;

(iv) The most recent estimates of recruitment;

(v) Virtual population analysis results;

(vi) Levels of noncompliance by harvesters or individual states;

(vii) Impact of size/mesh regulations;

(viii) The results of a survey of domestic processors and joint

venture operators of estimated Atlantic mackerel processing capacity

and intent to use that capacity (approved by the Office of Management

and Budget under OMB control number 0648-0114);

(ix) The results of a survey of fishermen's trade associations of

estimated Atlantic mackerel harvesting capacity and intent to use that

capacity (approved by the Office of Management and Budget under OMB

control number 0648-0114);

(x) Any other relevant information.

(b) Guidelines. The specifications determined pursuant to paragraph

(a) by the Monitoring Committee will be consistent with the following

guidelines:

(1) Squid. (i) The most recent biological data, including data on

discards, will be reviewed annually under the procedures specified in

paragraph (a) of this section. ABC for any fishing year is either the

maximum OY specified in Sec. 655.21, or a lower amount if stock

assessments indicate that the potential yield is less than the maximum

OY.

(ii) IOY is a modification of ABC based on social and economic

factors.

(2) Atlantic mackerel. (i) Atlantic mackerel ABC is derived using

the following terms: C = Estimated mackerel catch in Canadian waters

for the upcoming fishing year; S = Mackerel spawning-stock size at the

beginning of the upcoming fishing year for which catch estimates and

quotas are being specified; and LTPC = Long term potential catch as

estimated by the Northeast Fisheries Science Center (NEFSC).

(ii) ABC for the upcoming fishing year must be set at a level to

maintain a minimum value for S of 900,000 mt (1,984,050,000 lb) and

cannot exceed LTPC minus C.

(iii) IOY is less than or equal to ABC and represents a

modification of ABC, based on social and economic factors.

(iv) IOY is composed of DAH and TALFF. DAH, DAP and JVP are

projected by reviewing data from sources specified in this paragraph

(a) and other relevant data including past domestic landings, projected

amounts of mackerel necessary for domestic processing and for joint

ventures during the fishing year, projected recreational landings, and

other data pertinent for such a projection. The JVP component of DAH is

the portion of DAH that domestic processors either cannot or will not

use. In addition, IOY is based on such criteria as contained in the

Magnuson Act, specifically section 201(e), and the application of the

following economic factors:

(A) Total world export potential by mackerel producing countries;

(B) Total world import demand by mackerel consuming countries;

(C) U.S. export potential based on expected U.S. harvests, expected

U.S. consumption, relative prices, exchange rates, and foreign trade

barriers;

(D) Increased/decreased revenues to the U.S. from foreign fees;

(E) Increased/decreased revenues to U.S. harvesters (with/without

joint ventures);

(F) Increased/decreased revenues to U.S. processors and exporters;

(G) Increases/decreases in U.S. harvesting productivity due to

decreases/increases in foreign harvest;

(H) Increases/decreases in U.S. processing productivity; and

(I) Potential impact of increased/decreased TALFF on foreign

purchases of U.S. products and services and U.S.-caught fish, changes

in trade barriers, technology transfer, and other considerations.

(v) The Council may also recommend that certain ratios of TALFF to

purchases of domestic harvested fish and/or domestic processed fish be

established in relation to the initial annual amounts.

(3) Butterfish. (i) The most recent biological data, including data

on discards, will be reviewed annually under the procedures specified

in paragraph (a) of this section. If this review indicates that the

stock cannot support a level of harvest equal to the maximum OY, the

Council will recommend establishing an ABC less than the maximum OY for

the fishing year. This level represents the modification of maximum OY

to reflect biological and ecological factors. If the stock is able to

support a harvest level equivalent to the maximum OY, the ABC is to be

set at that level.

(ii) IOY is a modification of ABC based on social and economic

factors. The IOY is composed of a DAH and bycatch TALFF which is equal

to 0.08 percent of the allocated portion of the Atlantic mackerel

TALFF.

(c) Adjustments. The specifications established pursuant to this

section may be adjusted by the Regional Director, in consultation with

the Council, during the fishing year by publishing a notification in

the Federal Register stating the reasons for such an action with a 30-

day comment period.

(d) Recommended measures. Based on the review of the data described

in paragraph (a) of this section, the Monitoring Committee will

recommend to the Committee the following

[[Page 65629]]

measures it determines are necessary to assure that the specifications

are not exceeded:

(1) Commercial quotas;

(2) The amount of Loligo squid, Illex squid, and butterfish which

may be retained, possessed and landed by vessels issued the incidental

catch permit specified in Sec. 655.4(c);

(3) Commercial minimum fish sizes;

(4) Commercial trip limits;

(5) Commercial seasonal quotas;

(6) Minimum mesh sizes;

(7) Commercial gear restrictions;

(8) Recreational harvest limit;

(9) Recreational minimum fish size;

(10) Recreational possession limits;

(11) Recreational season.

(e) Annual fishing measures. (1) The Committee shall review the

recommendations of the Monitoring Committee. Based on these

recommendations and any public comment, the Committee shall make its

recommendations to the Council with respect to the specifications and

any other measures necessary to assure that the specifications are not

exceeded. The Council shall review these recommendations. Based on

these recommendations, and any public comment, the Council shall make

recommendations to the Regional Director. Included in the

recommendation will be supporting documents, as appropriate, concerning

the environmental, economic, and social impacts of the proposed action.

The Regional Director will review these recommendations, and on or

about November 1 of each year, will publish a notification in the

Federal Register of proposed specifications and any other measures

necessary to assure that the specifications are not exceeded. If the

specifications differ from those recommended by the Council, the

reasons for any differences must be clearly stated and the revised

specifications must satisfy the criteria set forth in this section. The

Federal Register notification of proposed specifications will provide

for a 30-day public comment period.

(2) The Council's recommendations will be available in aggregate

form for inspection at the office of the Regional Director during the

public comment period.

(3) On or about December 15 of each year, the Secretary will make a

final determination concerning the specifications for each species and

the other measures contained in the notification of proposed

specifications. After the Secretary considers all relevant data and any

public comments, a notification of final specifications and response to

public comments will be published in the Federal Register. If the final

amounts differ from those recommended by the Council, the reason(s) for

the difference(s) must clearly be stated and the revised specifications

must be consistent with the guidelines set forth in paragraph (b) of

this section.

Sec. 655.23 Closure of the fishery.

(a) General. The Secretary shall close the directed Atlantic

mackerel, Illex squid, Loligo squid, or butterfish fishery in the EEZ

when U.S. fishermen have harvested 80 percent of the DAH, if such

closure is necessary to prevent the DAH from being exceeded. The

closure will be in effect for the remainder of the fishing year, with

incidental catches allowed as specified in paragraph (c) of this

section, until the entire DAH is attained. When the Regional Director

projects that DAH will be attained for any of the species, the

Secretary shall close the fishery in the EEZ to all fishing for that

species, and the incidental catches specified in paragraph (c) of this

section will be prohibited.

(b) Notification. The Secretary will take the following actions if

it is determined that a closure is necessary:

(1) Notify, in advance, the Executive Directors of the Mid-

Atlantic, New England, and South Atlantic Councils;

(2) Mail notifications of the closure to all holders of permits

issued under Secs. 655.4, 655.5 and 655.6 at least 72 hours before the

effective date of the closure;

(3) Provide for adequate notification of the closure to

recreational participants in the fishery; and

(4) Publish a notification of closure in the Federal Register.

(c) Incidental catches. During a period of closure of the directed

fishery, the trip limit for the species for which the fishery is closed

is 10 percent by weight of the total amount of fish on board for

vessels with Loligo/butterfish moratorium permits, Illex moratorium

permits or mackerel commercial permits. During a period of closure of

the directed fishery, the trip limit for the species for which the

fishery is closed is either 10 percent by weight of the total amount of

fish on board, or the allowed level of incidental catch specified in

Sec. 655.4(c)(1), whichever is less.

Sec. 655.24 0Time and area restrictions for directed foreign fishing.

Foreign fishing is regulated under the provisions specified in

Sec. 611.50(b)(2).

Sec. 655.25 Gear restrictions.

(a) Mesh restriction and exemptions. Owners or operators of otter

trawl vessels possessing Loligo squid harvested in or from the EEZ may

only fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm)

diamond mesh, inside stretch measure, applied throughout the entire

net. There are two exemptions to this requirement:

(1) During the months of June, July, August, and September, otter

trawl vessels fishing for Illex seaward of the following coordinates

(see Figure 1 to part 655):

------------------------------------------------------------------------

Point Latitude Longitude

------------------------------------------------------------------------

Point M1........................ 43 deg.58.0' N. 67 deg.22.0' W.

Point M2........................ 43 deg.50.0' N. 68 deg.35.0' W.

Point M3........................ 43 deg.30.0' N. 69 deg.40.0' W.

Point M4........................ 43 deg.20.0' N. 70 deg.00.0' W.

Point M5........................ 42 deg.45.0' N. 70 deg.10.0' W.

Point M6........................ 42 deg.13.0' N. 69 deg.55.0' W.

Point M7........................ 41 deg.00.0' N. 69 deg.00.0' W.

Point M8........................ 41 deg.45.0' N. 68 deg.15.0' W.

Point M9........................ 42 deg.10.0' N. 67 deg.10.0' W.

Point M10....................... 41 deg.18.6' N. 66 deg.24.8' W.

Point M11....................... 40 deg.55.5' N. 66 deg.38.0' W.

Point M12....................... 40 deg.45.5' N. 68 deg.00.0' W.

Point M13....................... 40 deg.37.0' N. 68 deg.00.0' W.

Point M14....................... 40 deg.30.0' N. 69 deg.00.0' W.

Point M15....................... 40 deg.22.7' N. 69 deg.00.0' W.

Point M16....................... 40 deg.18.7' N. 69 deg.40.0' W.

Point M17....................... 40 deg.21.0' N. 71 deg.03.0' W.

Point M18....................... 39 deg.41.0' N. 72 deg.32.0' W.

Point M19....................... 38 deg.47.0' N. 73 deg.11.0' W.

Point M20....................... 38 deg.04.0' N. 74 deg.06.0' W.

Point M21....................... 37 deg.08.0' N. 74 deg.46.0' W.

Point M22....................... 36 deg.00.0' N. 74 deg.52.0' W.

Point M23....................... 35 deg.45.0' N. 74 deg.53.0' W.

Point M24....................... 35 deg.28.0' N. 74 deg.52.0' W.

------------------------------------------------------------------------

Vessels fishing under this exemption may not have available for

immediate use, as described in paragraph (b) of this section, any net

with mesh size less than 1\7/8\ inches (48 mm) diamond mesh when the

vessel is landward of the specified coordinates.

(2) Vessels participating in the directed fishery for sea herring,

provided that their catch comprises 75 percent or more by weight of sea

herring.

(b) Net stowage requirements. Otter trawl vessels possessing Loligo

squid that are subject to the minimum mesh size may not have

``available for immediate use'' any net, or any piece of net, not

meeting the minimum mesh size requirement, or any net, or any piece of

net, with mesh that is rigged in a manner that is inconsistent with the

minimum mesh size. A net that conforms to one of the following

specifications and that can be shown not to have been in recent use, is

considered not to be ``available for immediate use'':

(1) A net stowed below deck, provided:

[[Page 65630]]

(i) it is located below the main working deck from which the net is

deployed and retrieved;

(ii) the towing wires, including the leg wires, are detached from

the net; and

(iii) it is fan-folded (flaked) and bound around its circumference;

or

(2) A net stowed and lashed down on deck, provided:

(i) it is fan-folded (flaked) and bound around its circumference;

(ii) it is securely fastened to the deck or rail of the vessel; and

(iii) the towing wires, including the leg wires, are detached from

the net; or

(3) A net that is on a reel and is covered and secured, provided:

(i) the entire surface of the net is covered with canvas or other

similar material that is securely bound;

(ii) the towing wires, including the leg wires, are detached from

the net; and

(iii) the codend is removed from the net and stored below deck; or

(4) Nets that are secured in a manner authorized in writing by the

Regional Director and published in the Federal Register.

(c) Mesh obstruction or constriction. Any combination of mesh or

liners that effectively decreases the mesh below the minimum size is

prohibited, except that a liner may be used to close the opening

created by the rings in the rearmost portion of the net, provided the

liner extends no more than 10 meshes forward of the rearmost portion of

the net.

(d) Net obstruction or constriction. The owner or operator of a

fishing vessel shall not use any device, gear, or material, including,

but not limited to, nets, net strengtheners, ropes, lines, or chafing

gear, on the top of the regulated portion of a trawl net that results

in an effective mesh opening of less than 1\7/8\ inches (48 mm) mesh

(inside stretch measure); net strengtheners (covers), splitting straps

and/or bull ropes or wire may be used, provided they do not constrict

the top of the regulated portion of the net to less than effective 1\7/

8\ inches (48 mm) mesh (inside stretch measure). ``Top of the regulated

portion of the net'' means the 50 percent of the entire regulated

portion of the net which (in a hypothetical situation) would not be in

contact with the ocean bottom during a tow if the regulated portion of

the net were laid flat on the ocean floor. For the purpose of this

paragraph, head ropes shall not be considered part of the top of the

regulated portion of a trawl net. Net strengtheners (covers) may not

have a mesh less than effective 4.5-inch (11.43-cm) mesh (inside

stretch measure).

Sec. 655.26 Minimum fish sizes. [Reserved]

Sec. 655.27 Possession limits. [Reserved]

Sec. 655.28 At-sea observer coverage.

(a) The Regional Director may require observers for any vessel

holding a permit issued under Sec. 655.4.

(b) Owners of vessels selected for observer coverage must notify

the appropriate Regional or Center Director, as specified by the

Regional Director, before commencing any fishing trip that may result

in the harvest of Atlantic mackerel, Loligo squid, Illex squid, or

butterfish. Notification procedures will be specified in selection

letters to vessel owners.

(c) An owner or operator of a vessel on which a NMFS-approved

observer is embarked must:

(1) Provide accommodations and food that are equivalent to those

provided to the crew;

(2) Allow the observer access to and use of the vessel's

communications equipment and personnel upon request for the

transmission and receipt of messages related to the observer's duties;

(3) Allow the observer access to and use of the vessel's navigation

equipment and personnel upon request to determine the vessel's

position;

(4) Allow the observer free and unobstructed access to the vessel's

bridge, working decks, holding bins, weight scales, holds, and any

other space used to hold, process, weigh, or store fish; and

(5) Allow the observer to inspect and copy any records associated

with the catch and distribution of fish for that trip.

Sec. 655.29 Transfer-at-sea.

Only vessels issued a moratorium permit under Sec. 655.4(b) may

transfer Loligo, Illex, or butterfish at sea. Unless authorized in

writing by the Regional Director, vessels issued an incidental catch

permit under 655.4(c) are prohibited from transferring or attempting to

transfer Illex, Loligo, or butterfish from one vessel to another

vessel.

Sec. 655.30 Experimental fishery.

(a) The Regional Director, in consultation with the Executive

Director of the Council, may exempt any person or vessel from the

requirements of this part for the conduct of experimental fishing

beneficial to the management of the Atlantic mackerel, squid, or

butterfish resource or fishery.

(b) The Regional Director may not grant such exemption unless he/

she determines that the purpose, design, and administration of the

exemption is consistent with the objectives of the FMP, the provisions

of the Magnuson Act, and other applicable law, and that granting the

exemption will not:

(1) Have a detrimental effect on the Atlantic mackerel, squid, or

butterfish resource and fishery; or

(2) Cause any quota to be exceeded; or

(3) Create significant enforcement problems.

(c) Each vessel participating in any exempted experimental fishing

activity is subject to all provisions of this FMP except those

necessarily relating to the purpose and nature of the exemption. The

exemption will be specified in a letter issued by the Regional Director

to each vessel participating in the exempted activity. This letter must

be carried on board the vessel seeking the benefit of such exemption.

4. Figure 1 to part 655 is added to read as follows:

BILLING CODE 3510-22-P

[[Page 65631]]

Figure 1 to Part 655--Exemption line to minimum net mesh-size

requirement for Loligo squid

[GRAPHIC][TIFF OMITTED]TP20DE95.000

[FR Doc. 95-30821 Filed 12-15-95; 11:27 am]

BILLING CODE 3510-22-C