Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 20

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 970318056-7211-02; I.D. 080497C]

RIN 0648-AJ43

Fisheries of the Northeastern United States; Northeast

Multispecies Fishery; Framework Adjustment 20

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule and correction.

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SUMMARY: NMFS issues this final rule to adopt as final, with minor

modifications for clarification purposes, the provisions of the interim

final rule implementing Framework Adjustment 20 to the Northeast

Multispecies Fishery Management Plan (FMP). The interim final rule

implemented several management measures necessary to meet the mortality

reduction goals of the FMP. The intent of this action is to address

comments submitted in response to the interim final rule. This document

also corrects the final rule published on March 3, 1997.

DATES: Effective September 18, 1997, except for Sec. 648.14(c)(10)

which is effective April 2, 1997.

ADDRESSES: Copies of Amendment 7 to the FMP, its regulatory impact

review (RIR) and the regulatory flexibility analysis contained within

the RIR, its final supplemental environmental impact statement, and

Framework Adjustment 20 documents are available on request from Paul J.

Howard, Executive Director, New England Fishery Management Council, 5

Broadway, Saugus, MA 01906-1097.

Comments regarding burden-hour estimates for the collection- of-

information requirement should be sent to Dr. Andrew A. Rosenberg,

Regional Administrator, Northeast Region, NMFS, 1 Blackburn Drive,

Gloucester, MA 01930, and the Office of Information and Regulatory

Affairs, Office of Management and Budget, Washington, DC 20503 (ATTN:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy

Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 7 to the

FMP became effective on July 1, 1996 (61 FR 27710, May 31, 1996). These

regulations implemented a comprehensive set of measures to control

fishing mortality by controlling fishing effort through days-at-sea

(DAS) allocations, and rebuild the primary stocks of regulated

multispecies. Additionally, a framework procedure was established which

requires the New England Fishery Management Council (Council) to

annually review the best scientific information available, set target

total allowable catches for the primary cod, haddock, and yellowtail

flounder stocks, and recommend management options to achieve the

objectives of the plan. The following summarizes the measures

implemented by the interim final rule and adopted as final, with minor

modifications, by this final rule.

To address the needed reductions for Gulf of Maine (GOM) cod, the

interim final rule, which became effective May 1, 1997 (62 FR 15381,

April 1, 1997, and corrected 62 FR 37154, July 11, 1997), established a

cod landing limit for vessels fishing on this stock. This landing limit

is 1,000 lb (453.6 kg) of GOM cod per day, or any part of a day, for

each of the first 4 days of a trip, and up to 1,500 lb (680.4 kg) of

GOM cod per day, or any part of a day, in excess of 4 days. To mitigate

discarding, vessels are allowed to retain cod in excess of the limit,

provided that they do not call out of the multispecies DAS program

until total DAS per trip correspond to the total allowable weight of

cod off-loaded per trip, and if, upon entering port, they report their

hailed weight of cod on board under a separate call-in system. Vessels

operating south of 42 deg.00' N. lat. for a minimum of 30 days are

exempt from the cod landing limit if they obtain and keep a NMFS-issued

exemption certificate on board the vessel.

The interim final rule also implemented a 1997 fishing year measure

that increases the landing limit of haddock, beginning September 1,

1997, to 1,000 lb (453.6 kg) per day, to a maximum of 10,000 lb

(4,536.0 kg) per trip. As a means of ensuring that landings are kept

below the 1,608 mt target TAC level for Georges Bank (GB) haddock, this

measure would revert to a 1,000 lb (453.6 kg) per trip possession limit

when 1,150 mt is projected to be reached. A notification would be

published in the Federal Register when the 1,000-lb (453.6 kg) trip

limit is reinstated.

The interim final rule also implemented a set of additional gillnet

restrictions requiring most multispecies gillnet vessels to declare

into either a Day or Trip gillnet category designation.

[[Page 49145]]

Trip gillnet category vessels are required to remove all gillnet gear

from the water before calling-out of the multispecies DAS program. Day

gillnet category vessels are limited to no more than 80 roundfish

gillnets or 160 flatfish gillnets and must mark the gear with NMFS-

authorized tags: Two tags per roundfish gillnet and one tag per

flatfish gillnet. In addition, Day gillnet category vessels must take a

total of 120 days out of the multispecies gillnet fishery in no less

than 7 consecutive-day increments and at least 21 of these days must be

taken between June 1 and September 30. DAS, for Day gillnet vessels,

will accrue at 15 hours for each trip between 3 and 15 hours.

The interim final rule modified two exempted fisheries. The first

modification allowed unlimited amounts of skate to be retained in the

current Southern New England (SNE) Monkfish Trawl Exemption Area south

of 40 deg.10' N. lat. The second modification prohibited the possession

of monkfish in the Small Mesh Northern Shrimp Fishery Exemption Area

and increased the allowable limit of silver hake (whiting) from two

totes to an amount equal to the weight of shrimp on board. In addition,

the interim rule exempted additional fisheries: A dredge fishery for

mussels and sea urchins in the current Nantucket Shoals Dogfish Fishery

Exemption Area and in the SNE Regulated Mesh Area; a seasonal gillnet

fishery for vessels fishing for monkfish and dogfish in a portion of

the GOM/GB Regulated Mesh Area; a year-round gillnet fishery for

vessels fishing for monkfish and skate in a portion of the SNE

Regulated Mesh Area; and a seasonal gillnet fishery for vessels fishing

for dogfish in a portion of the SNE Regulated Mesh Area.

Interested persons were invited to comment on the interim final

rule during the April 1, 1997, through May 1, 1997, comment period. The

comments received are addressed below (see Comments and Responses

section). NMFS issues this final rule to adopt as final, with minor

modifications, the provisions of the interim final rule implementing

Framework Adjustment 20 to the FMP. The modifications made are

administrative in nature and help clarify and enhance enforcement and

administration of the fishery management program.

Comments and Responses

Written comments on the interim final rule implementing Framework

20 were submitted by Cape Ann Gillnetters' Association, Maine

Gillnetters' Association, Cape Cod Hook Fishermen's Association, Inc.,

and one individual.

Comment 1: An association reminds NMFS that in the preamble to the

final rule implementing Amendment 7 to the FMP, NMFS states that

habitat and selectivity issues could be revisited through a future

management action, that research has shown mobile gear to have

observable effects on the ocean bottom, and that the Council has a role

in relation to habitat issues. Despite these acknowledgments by NMFS,

the association remarks that habitat and selectivity issues were not

addressed in Framework 20. The association contends that studies

involving fishing gear impacts should be considered in development of a

framework, and adds that this would be the risk averse approach to

take. Rather than waiting for essential fish habitat guidelines to be

finalized, the commenter suggests using the information already

available (and cites several of these sources) to restrict mobile gear

vessels.

Response: NMFS acknowledges that observable effects by mobile gear

have been demonstrated in some areas of the ocean, while little

discernable effect has been demonstrated in other areas. NMFS has

recently proposed guidelines to implement the essential fish habitat

provisions of the Magnuson-Stevens Act (62 FR 19723, April 23, 1997).

These guidelines propose that, in determining whether it is practicable

to minimize an adverse effect from fishing on essential fish habitat,

Fishery Management Councils should consider three things: Whether and

to what extent the fishing activity is adversely impacting the marine

ecosystem; the nature and extent of the adverse effect on essential

habitat; and whether the benefit to the habitat achieved by minimizing

the adverse effect justifies the cost to the fishery. The Council

intends to address habitat issues in the forthcoming amendment to the

Multispecies FMP that will implement the new essential fish habitat

requirements.

Comment 2: Two organizations comment that the cod trip limit

increase to 1,500 lb (680.4 kg) after the fourth day of a fishing trip

rewards larger vessels that are able to stay at sea for extended

periods and is, therefore, biased against small vessels, particularly

small gillnet vessels that fish in the GOM. The commenters contend that

this allocation ``is not fair and equitable,'' does not promote

conservation, and violates national standard 4.

Response: NMFS disagrees. To reduce fishing mortality on the GOM

cod stock, the trip limit was set at a level to discourage vessels,

particularly larger vessels, from targeting cod. Further, the increase

to 1,500 lb (680.4 kg) after the fourth day was established as an

incentive for larger vessels to fish offshore trips, offsetting

steaming and offshore costs while providing an indirect benefit to

small vessels that fish inshore. Based on this, NMFS determined that

this measure promotes conservation, is fair and equitable, and does not

violate national standard 4.

Comment 3: One individual requests that the cod trip limit be

rescinded in favor of closed areas. It is the commenter's belief that

trip limits will not conserve the resource, because the provision

regulates what a vessel lands and not what a vessel catches. The

commenter states that area closures are beneficial, because they

eliminate discarding and cheating, are easily enforceable, and create

essential fish habitat.

Response: The cod trip limit and some of the area closure options

considered were shown to have equivalent conservation effectiveness.

However, based on public comment raising concerns that closures may

inequitably affect small sectors of the fishery, closures were

rejected. The issue of discarding in relationship to the cod trip limit

was addressed by allowing larger amounts of codfish on trips greater

than 4 days and by allowing a vessel to land cod in excess of the trip

limit provided that the vessel does not call out of the DAS program to

end its trip until total DAS correspond to the total allowable weight

of cod harvested. Enforcement of area closures is not necessarily

easier than trip limits, because it requires a sea-based enforcement

presence.

Comment 4: One association and one individual comment that

administration and enforcement of the cod trip limit would be

difficult.

Response: Although the cod trip limit does increase NMFS'

administrative and enforcement burden, the program has been operational

since May 1, 1997, and NMFS Law Enforcement believes it can monitor

adherence to the regulations.

Comment 5: An association comments that the exemption from the cod

landing limit for vessels fishing south of 42 deg.00' N. lat. is unfair

to small vessels. The association states that larger vessels are

``being rewarded and encouraged to further destroy the cod population

which may or may not depend on both Georges's Bank and the GOM

simultaneously for its habitat needs.''

Response: NMFS does not consider this unfair. Although

inconvenient, smaller vessels wishing to fish on unlimited amounts of

cod could relocate to a port that is south of 42 deg.00' N. lat.

[[Page 49146]]

The Georges Bank and GOM cod stocks are separate stocks and the effects

incurred on one stock when fishing on the other are negligible.

Comment 6: Two associations contend that the gillnet fleet, has

contributed to effort reduction and that Framework Adjustment 20 is not

needed. One association contends that these measures were developed by

the Council based on a ``perceived inequity'' between gillnetters and

other gear sectors and that there was no real attempt to quantify

gillnet effort. The association adds that no determination was made

under Amendment 7 on the proportional effects on gear sectors. The

other association remarks that NMFS and the Council should implement

regulations that are fair and equitable, and that are ``based more on

stock impact by gear type and area.'' One association, referring to a

document that it previously commented on, contends that gillnet vessels

are treated unfairly as compared with otter trawl vessels, particularly

within the 5-22 ton tonnage class. The association states that,

according to this report, the baseline fleet allocation is far in

excess of the average number of days fished by the small dragger fleet.

The association further notes that the report appears to justify this

excess of days for the smaller fleet by acknowledging that larger

draggers are likely more responsible for contributing to the fishing

mortality reduction of the groundfish stocks.

Response: The fleet baseline allocation established under Amendment

5 was based on a fleet average. The fact that different tonnage classes

may be affected unequally by this fleet average has been acknowledged.

This is an issue that the Council could consider in another action.

Despite this, NMFS believes that the gillnet effort reduction measures

implemented under Framework Adjustment 20 are necessary, fair, and

consistent, to the extent possible, with the reductions imposed on

other fleet components.

The Council has been deliberating measures to reduce gillnet effort

commensurate with the reduction in other fleet since implementation of

Amendment 7 in July 1996. Rather than analyze each fleet sector and its

impacts on the resource individually, Amendment 7 strives to implement

effort reduction, or increases, proportionately across all sectors. The

Council determined that DAS reductions alone are not sufficient to

reduce gillnet effort because the gear typically remains in the water,

fishing while the vessel may be docked and not under a DAS.

Comment 7: An association questions the Council's Plan Development

Team's (PDT) reliance on weigh-out data to calculate gillnet effort and

claims that this data has proven to be unreliable in a previous study

by the Northeast Fisheries Science Center.

Response: To calculate a fleet DAS average for gillnet vessels, the

PDT examined the 1988-1990 NMFS weigh-out observer databases. Based on

this information, the PDT found that to achieve the 50 percent effort

reduction goal, gillnet vessels should not fish more than 80 days, or

very close to the 1997 allocation of 88 DAS. These data are considered

reliable, because they were collected by NMFS port agent interviews of

vessel captains or by NMFS observers on board commercial fishing

vessels.

Comment 8: A commenter states that net reductions may have many

beneficial results, including assisting in marine mammal concerns,

reducing gear conflicts, and reducing fishing effort. However, based on

a study entitled ``Analysis of the Sink Gillnet Fishery in the Gulf of

Maine and Adjacent Waters'' (DeAlteris and Lazar), the commenter states

that 120 is the average number of groundfish nets used. The commenter

further noted that based on the comments at Council hearings, 100-240

is the average number of nets used by flatfish fishers.

Response: The 80/160 net cap was developed by the Council's Gillnet

subcommittee and based on industry comment. Although the net cap may

result in a reduction for some segments of the fleet more than others,

the net cap is justified as a means of limiting uncontrolled growth and

standardizing gear usage by vessels.

Comment 9: Two associations remark that the effects of the marine

mammal reduction efforts on gillnet vessels have not been assessed,

which is contrary to the national standards and to the Council's

previous positions under Amendments 5 and 7.

Response: Framework Adjustment 20 did take into account the effect

of existing and proposed marine mammal protection measures and

determined that, on a fleet average, they contributed to a 1 percent

fishing mortality reduction for the 5 multispecies stocks of cod,

haddock, and yellowtail flounder.

Comment 10: Two associations oppose the required minimum blocks of

time out of the gillnet fishery. One association states that this will

affect the way gillnet fishers operate and will impose an economic

hardship on this fishery. The association suggests that NMFS require

time out of the gillnet fishery on a daily basis and not in 7-day

minimum blocks. The association further asserts that any enforcement

concerns should be alleviated by the net tagging requirement and

questions why daily removal of gillnet gear would be any more difficult

to enforce than for Trip Category gillnet vessels.

The other association contends there is no scientific basis for

requiring Day Category gillnet vessels to declare 21 days out of the

gillnet fishery during the summer months and recommends elimination of

this measure. The association notes that this sets a precedent for

reducing fishing effort on a gear sector based on seasonal

productivity, and may violate the national standard of fairness and

equity. The association states that many affected small gillnet

vessels, particularly vessels in the Northeast, fish primarily for

flatfish during this time of year and are unlikely to be responsible

for high catches of cod. Consequently, the association remarks, this

measure will have little conservation value. The association further

states that other fisheries are not available to the fleet during this

time, essentially creating 21 days of down time and placing an undue

economic burden on the inshore gillnet fleet.

Response: The 7-day minimum block enhances enforceability by

providing a disincentive for vessels to leave their gear in the water

when not under a DAS. A daily time-out system would be unadminsterable

and ineffective since it would be taken in the normal course of fishing

operations as a day off. Day gillnet vessels wishing to remove their

gear and fish under the Trip Category rules have the option to select

that category.

The purpose of the June through September period is to ensure the

effectiveness of the timeout provision; there would be little

conservation benefit if most vessels declared their 120 days out during

the winter months when most gillnetters are not fishing. This seasonal

restriction is necessary for the overall effort reduction plan to

reduce, not only cod, but multispecies fishing mortality, including

flatfish, by 50 percent.

NMFS disagrees that there are no opportunities to fish during the

21-day period out of the multispecies fishery during June through

September. During this time, vessels may continue to fish for

groundfish with gear other than gillnet gear, or fish in any of the

exempted fisheries currently allowed.

Comment 11: One association claims that the cod trip limit,

developed after the gillnet effort reduction measures, eliminates the

need for the 21-day

[[Page 49147]]

summer block out of the gillnet fishery. The association explains that

gillnet vessels are limited by how much cod they can take and, further,

are unable to fish in the cod exemption area by virtue of their limited

capacity.

Response: As mentioned in the previous comment, gillnet effort

reduction measures under Framework Adjustment 20 were implemented to

reduce multispecies gillnet effort on a level comparable to all other

gear sectors. The cod trip limit is a separate measure developed under

this framework to reduce fishing mortality on the GOM cod stock and

applies equally across all gear sectors.

Comment 12: An association suggests that a reduction of ``soak

time'' (i.e., the time gillnet gear is fishing in the water) should

replace the measure that counts any trip between 3 to 15 hours as 15

hours for Day gillnet vessels and asserts that this would alleviate a

regulatory burden by eliminating the need for vessels to report their

gear fished when calling the DAS program to start a trip. The

association contends that the 15-hour measure is unnecessary and places

an undue burden on small vessels, while providing no positive effect on

conservation. Additionally, the association notes that the method of

counting DAS for Day gillnet vessels encourages unsafe fishing

practices and is, therefore, contrary to the National Standards. The

association states that the 3-hour window, by which a vessel could

abort a trip and not be counted for a 15-hour trip, does not fully

address changing weather conditions. The association contends that

vessels, which may run into bad weather after one and half hours from

port, are encouraged to remain fishing since they would otherwise

forfeit a full day and suggest that DAS should be calculated hourly for

all vessels.

Response: The 15-hour provision was developed to further calibrate

gillnet DAS to the DAS of vessels using gear that either remains

attached to a vessel or is tended at all times by a vessel. NMFS

disagrees with the statement that this measure promotes unsafe fishing

practices. The 3-hour window was set based on public comment that 3

hours was an adequate amount of time needed to abort a trip due to

inclement weather or vessel breakdowns.

Comment 13: An association questions how days are counted for

gillnet vessels fishing with hook gear, or for draggers fishing with

gillnet gear.

Response: When fishing with gear other than gillnet gear, DAS are

counted as actual time to the nearest minute.

Comment 14: An association contends that the net tagging

requirement adds another financial burden to the small boat sector. The

association states that the gillnet tags are expensive and further

states that, should a vessel require replacement tags, the time needed

to clear a check for the cost of the replacements renders the vessel

unable to fish its untagged gear. The association states that these

tags need to be removable or a fisher is locked into fishing with one

mesh size.

Response: NMFS kept costs in mind when seeking a tag distributer.

The cost for vessel owners for the maximum number of tags mailed

directly to their respective places of business is less than $60.00.

For an additional $2.00, a ``quick'' replacement option is provided.

Under this option, NMFS will hold a supply of tags at the Northeast

Regional Office to be issued immediately upon request. All tags are

removable and reusable. A vessel owner must order a new series of tags

at the start of each fishing year.

Comment 15: One association comments that, should a vessel become

disabled, there is no provision in Framework Adjustment 20 that would

allow another vessel to tend or retrieve its gillnets.

Response: Infrequent occurrences such as the one cited by the

commenter are not always appropriate for regulatory action and can

better be addressed through the enforcement and administrative

procedures of the agency.

Changes in the Final Rule From the Final Interim Rule

As described above, this rule makes modifications to the final

interim rule primarily to help clarify and enhance enforcement and

administration of the fishery management program. In addition, a

redesignation is made to correct codified text. These changes are

listed below in the order that they appear in the regulations.

In Sec. 648.2, definitions for ``non-exempt gillnet fishery'' and

``non-exempt species'' are added.

In Sec. 648.14, paragraph (c)(9) is revised and made more explicit

by changing the phrase ``NE multispecies fishery'' to ``NE multispecies

DAS program.''

In Sec. 648.14, paragraph (c)(11) published at 62 FR 9377 on March

3, 1997, is redesignated as (c)(10) to correct an inadvertent error in

paragraph designation.

In Sec. 648.14, paragraphs (c)(20) and (c)(21) are added to enhance

enforcement of the provisions in Sec. 648.86(b)(1)(ii)(B) and

Sec. 648.82(k)(1)(iv), respectively.

In Sec. 648.80, paragraphs (a)(2)(iii) and (b)(2)(iii) are revised

to include the small vessel exemption, defined under Sec. 648.82(b)(3);

this was an inadvertent omission in the previous regulations.

In Sec. 648.80, paragraphs (a)(11) and (b)(8) are revised to

explain the method by which mussel dredge gear is measured.

In Sec. 648.82, paragraph (g) is revised by replacing the words

``regulated NE multispecies fishery'' with the words ``NE multispecies

DAS program'' and to clarify that a vessel may not fish for, possess,

or land any species of fish, unless exempt, when taking its required

20-day spawning block out of the NE multispecies DAS program.

In Sec. 648.82, paragraph (h) is clarified by replacing the words

``NE multispecies fishery'' with the words ``NE multispecies DAS

program,'' and to reflect that a Day gillnet category vessel must

declare its 120 days out of the non-exempt gillnet fishery by using the

notification requirements specified in Sec. 648.10.

In Sec. 648.82, paragraph (k)(1)(ii) is revised to clarify that a

vessel is required to tag its gillnet gear only when participating

under a NE multispecies DAS.

In Sec. 648.82, paragraph (k)(1)(iv)(A) is revised by replacing the

words ``multispecies gillnet fishery'' with the words ``non-exempt

gillnet fishery'' to reflect that a vessel may not fish with gillnet

gear, unless exempt, when declared out of the gillnet fishery.

Under NOAA Administrative Order 205-11, 7.01, dated

December 17, 1990, the Under Secretary for Oceans and Atmosphere

has delegated to the Assistant Administrator for Fisheries, NOAA (AA),

the authority to sign material for publication in the Federal Register.

Classification

The Administrator, Northeast Region, NMFS, determined that

Framework 20 is necessary for the conservation and management of the NE

multispecies fishery and that it is consistent with the Magnuson-

Stevens Act and other applicable laws.

This rule adopts as final, with minor modifications, the provisions

of Framework Adjustment 20 previously implemented by the interim final

rule. As there were no significant changes made to the interim final

rule and no requirement to promulgate a proposed rule, no regulatory

flexibility analysis was done. Nevertheless, this action does not

significantly increase the impact beyond the scope of impact on small

entities already analyzed, discussed and described in Amendments 5 and

7 to the FMP.

Notice and opportunity for public comment was provided before and

after

[[Page 49148]]

publishing the interim final rule that this rule adopts as final.

Therefore, the AA, under 5 U.S.C. 553(b)(B), finds for good cause that

additional prior notice and opportunity for public comment is

unnecessary. Because regulations implemented by this final rule are

currently in effect and because the public is already knowledgeable of

these provisions, the AA, under 5 U.S.C. 553(d)(3), finds for good

cause that delaying for 30 days the effectiveness of this rule as

unnecessary.

This final rule has been determined to be not significant for

purposes of E.O. 12866.

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 final rule contains seven collection-of-information

requirements which were new collections implemented under the interim

final rule. Emergency approval under the Paperwork Reduction Act for

collection of this information under the interim rule was provided by

the Office of Management and Budget (OMB), under OMB Control Number

0648-0202. A follow-up submission of this collection-of-information

requirement has been approved by OMB, under the same control number.

The estimated response times are as follows:

1. Declaration into the Trip or Day Gillnet vessel category and

request for initial gillnet tags will require written declaration (5

minutes/response).

2. Request for additional tags will require written declaration (2

minutes/response).

3. Notification of lost tags and request for replacement tags will

require written response (2 minutes/response).

4. Attachment of tags to gillnet gear will require additional

burden (1 minute/response).

5. Declaration of 120 days out of the gillnet fishery in minimum

blocks of 7 days will require vessel notification (3 minutes/response).

6. Reporting of cod catch on board or off-loaded for vessels

fishing north of 42 deg.00' N. lat. will require vessel notification (3

minutes/response).

7. Declaration that a vessel will fish south of 42 deg.00' N. lat.

while fishing under a NE multispecies DAS will require vessel

notification (2 minutes/per response).

This final rule also restates preexisting information requirements

that had been approved by OMB under the PRA and that are needed for the

implementation of Framework Adjustment 20. These preexisting

information requirements were approved under OMB control number 0648-

0202. Their estimated response times are as follows:

1. Requirement to provide a vendor installation receipt with a

permit application if the applicant opts to use a VTS (2 minutes/

response).

2. Call-in requirement for vessels under a DAS upon return to port

(2 minutes/response).

3. Call-in requirement for vessels subject to the spawning season

restriction (2 minutes/response).

The estimated response time includes the time needed for reviewing

instructions, searching existing 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

and to OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: September 12, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, the interim final rule

amending 15 CFR part 902 and 50 CFR part 648, which was published at 62

FR 15381 on April 1, 1997, and a correction document amending 50 CFR

part 648, which was published at 62 FR 37154 on July 11, 1997, are

adopted as a final rule with the following changes:

50 CFR CHAPTER VI

PART 648-FISHERIES OF THE NORTHEASTERN UNITED STATES

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

follows:

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

2. In Sec. 648.2, definitions for ``Non-exempt gillnet fishery''

and ``Non-exempt species'' are added, in alphabetical order, to read as

follows:

Sec. 648.2 Definitions.

* * * * *

Non-exempt gillnet fishery means a fishery which uses gillnet gear

capable of catching multispecies.

Non-exempt species means species of fish not included under the

GOM/GB and SNE Regulated Mesh Area exempted fisheries, as specified in

Sec. 648.80(a)(3), (a)(4), (a)(8) through (13), (b)(3)(i) and (ii),

(b)(5) through (8), and (d), (e), (h), and (i).

* * * * *

3. In Sec. 648.14, paragraph (c)(9) is revised, paragraph (c)(11)

published at 62 FR 9377 on March 3, 1997, is corrected by redesignating

it as (c)(10), and paragraphs (c)(20) and (21) are added to read as

follows:

Sec. 648.14 Prohibitions.

* * * * *

(c) * * *

(9) Fail to declare, and be, out of the NE multispecies DAS program

as required by Sec. 648.82(g), using the procedure described under

Sec. 648.82(h), as applicable.

* * * * *

(20) Fail to comply with the provisions of the cod hail weight

notification specifications specified in Sec. 648.86(b)(1)(ii)(B).

(21) Fail to declare, and be, out of the non-exempt gillnet fishery

as required by Sec. 648.82(k)(1)(iv), using the procedure described

under Sec. 648.82(h), as applicable.

* * * * *

4. In Sec. 648.80, paragraphs (a)(2)(iii), (a)(11), (b)(2)(iii) and

(b)(8) are revised to read as follows:

Sec. 648.80 Regulated mesh areas and restrictions on gear and methods

of fishing.

* * * * *

(a) * * *

(2) * * *

(iii) Other restrictions and exemptions. Vessels are prohibited

from fishing in the GOM/GB Regulated Mesh Area except if fishing with

exempted gear (as defined under this part) or under the exemptions

specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (13),

(d), (e), (h), and (i) of this section, if fishing under a NE

multispecies DAS, if fishing under the small vessel exemption specified

in Sec. 648.82((b)(3), if fishing under the scallop state waters

exemptions specified in Sec. 648.54 and (a)(10) of this section, or if

fishing pursuant to a NE multispecies open access Charter/Party or

Handgear permit. Any gear on a vessel, or used by a vessel, in this

area must be authorized under one of these exemptions or must be stowed

as specified in Sec. 648.81(e).

* * * * *

(11) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area.

A vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea

Urchin Dredge Exemption Area,

[[Page 49149]]

provided that any dredge on board the vessel does not exceed 8 ft (2.44

m) measured at the widest point in the bail of the dredge, and the

vessel does not fish for, harvest, possess, or land any species of fish

other than mussels and sea urchins. The area coordinates of the

Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area are the

same coordinates as those of the Nantucket Shoals Dogfish Fishery

Exemption Area specified under paragraph (a)(9) of this section.

* * * * *

(b) * * *

(2) * * *

(iii) Other restrictions and exemptions. Vessels are prohibited

from fishing in the SNE Regulated Mesh Area except if fishing with

exempted gear (as defined under this part) or under the exemptions

specified in paragraphs (b)(3), (b)(5) through (8), (c), (e), (h), and

(i) of this section, if fishing under a NE multispecies DAS, if fishing

under the small vessel exemption specified in Sec. 648.82(b)(3), if

fishing under the scallop state waters exemption specified in

Sec. 648.54, or if fishing pursuant to a NE multispecies open access

Charter/Party or Handgear permit. Any gear on a vessel, or used by a

vessel, in this area must be authorized under one of these exemptions

or must be stowed as specified in Sec. 648.81(e).

* * * * *

(8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish

with a dredge in the SNE Regulated Mesh Area, provided that any dredge

on board the vessel does not exceed 8 ft (2.44 m) measured at the

widest point in the bail of the dredge, and the vessel does not fish

for, harvest, possess, or land any species of fish other than mussels

and sea urchins.

* * * * *

5. In Sec. 648.82, paragraphs (g), (h), (k)(1)(ii), and

(k)(1)(iv)(A) are revised to read as follows:

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

* * * * *

(g) Spawning season restrictions. A vessel issued a valid Small

Vessel permit under paragraph (b)(3) of this section may not fish for,

possess, or land regulated species from March 1 through March 20 of

each year. Any other vessel issued a limited access multispecies permit

must declare out and be out of the NE multispecies DAS program, as

described in paragraph (b) of this section, for a 20-day period between

March 1 and May 31 of each calendar year using the notification

requirements specified in Sec. 648.10. A vessel fishing under a Day

gillnet category designation is prohibited from fishing with gillnet

gear capable of catching multispecies during its declared 20-day

spawning block, unless the vessel is fishing in an exempted fishery as

described in Sec. 648.80. If a vessel owner has not declared and been

out for a 20-day period between March 1 and May 31 of each calendar

year on or before May 12 of each year, the vessel is prohibited from

fishing for, possessing or landing any regulated species or non-exempt

species during the period May 12 through May 31, inclusive. If a vessel

has taken a spawning season 20-day block out of the NE multispecies DAS

program during May 1996, it is not required to take a 20-day block out

of the NE multispecies DAS program in 1997. Beginning January 1, 1998,

any such vessel must comply with the spawning season restriction

specified in this part.

(h) Declaring DAS and blocks of time out. A vessel's owner or

authorized representative shall notify the Regional Administrator of a

vessel's participation in the DAS program, declaration of its 120 days

out of the non-exempt gillnet fishery if designated as a Day gillnet

category vessel, and declaration of its 20-day period out of the NE

multispecies DAS program, using the notification requirements specified

in Sec. 648.10.

* * * * *

(k) * * *

(1) * * *

(ii) Tagging requirements. Beginning June 1, 1997, when under a NE

multispecies DAS, all groundfish gillnets fished, hauled, possessed, or

deployed must have two tags per net, with one tag secured to each

bridle of every net within a string of nets and all flatfish gillnets

fished, hauled, possessed, or deployed must have one tag per net, with

one tag secured to every other bridle of every net within a string of

nets. Tags must be obtained as described in Sec. 648.4(c)(2)(iii) and

vessels must have on board written confirmation issued by the Regional

Administrator, indicating that the vessel is a Day gillnet vessel. The

vessel operator must produce all net tags upon request by an authorized

officer.

* * * * *

(iv) * * *

(A) During each fishing year, vessels must declare, and take, a

total of 120 days out of the non-exempt gillnet fishery. Each period of

time declared and taken must be a minimum of 7 consecutive days. At

least 21 days of this time must be taken between June 1 and September

30 of each fishing year. The spawning season time out period required

by Sec. 648.82(g) will be credited toward the 120 days time out of the

non-exempt gillnet fishery. If a vessel owner has not declared and

taken, any or all of the remaining periods of time required by the last

possible date to meet these requirements, the vessel is prohibited from

fishing for, possessing, or landing regulated multispecies or non-

exempt species harvested with gillnet gear, and from having gillnet

gear on board the vessel that is not stowed in accordance with

Sec. 648.81(e)(4), while fishing under a multispecies DAS, from that

date through the end of the period between June 1 and September 30, or

through the end of the fishing year, as applicable.

* * * * *

[FR Doc. 97-24810 Filed 9-18-97; 8:45 am]

BILLING CODE 3510-22-F