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. 970318056-7056-01; I.D. 021397B]

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: Interim final rule; request for comments.

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SUMMARY: NMFS issues this interim final rule to implement measures

contained in Framework 20 of the Northeast Multispecies Fishery

Management Plan (FMP). This interim final rule implements management

measures that include: A daily trip limit for cod for vessels when

fishing north of 42 deg.00' N. lat.; a seasonal increase in the haddock

limit from 1,000 lb (453.6 kg) per trip to 1,000 lb (453.6 kg) per day

up to a maximum of 10,000 lb (4,536.0 kg) per trip beginning September

1, 1997, and ending when 1,150 mt are harvested; gillnet effort-

reduction measures including a limit on the number of nets; and several

exempted fishery actions, including exemptions for monkfish, skate, and

dogfish in the Gulf of Maine and Southern New England Regulated Mesh

Areas. The intent of this rule is to achieve the conservation goals

established by Amendment 7 to the FMP while mitigating its economic

impacts and to simultaneously incorporate several other Council actions

that would otherwise have been submitted as separate frameworks.

DATES: Effective: May 1, 1997. Public comments on the rule are invited

through May 1, 1997.

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

Rosenberg, Regional Administrator, NMFS, Northeast Regional Office, 1

Blackburn Drive, Gloucester, MA 01930, Attention: Susan A. Murphy.

Copies of Amendment 7 to the FMP (Amendment 7), its regulatory impact

review (RIR), and the final regulatory flexibility analysis (FRFA)

contained with the RIR, its final supplemental environmental impact

statement (FSEIS), 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 collection-of-

information requirements contained in this final rule should be sent to

Dr. Andrew A. Rosenberg, Regional Administrator, 1 Blackburn Drive,

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

Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502

(Attention: NOAA Desk Officer).

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

Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 7 (61

FR 27710, May 31, 1996) became effective on July 1, 1996. The objective

of the amendment to the FMP is to rebuild depleted stocks of Georges

Bank (GB) and Gulf of Maine (GOM) cod, GB haddock, and GB and Southern

New England (SNE) yellowtail flounder by reducing fishing effort

through a number of management measures, primarily controls on days-at-

sea (DAS) and area closures. To ensure that this goal is achieved, the

regulations established a procedure for setting annual target total

allowable catches (TACs) for the primary cod, haddock, and yellowtail

flounder stocks and an aggregate TAC for the combined stocks of the

remaining regulated multispecies, based on the biological reference

points of Fmax for GOM cod and F0.1 for the remaining stocks

of cod, haddock, and yellowtail flounder. The target TACs provide a

measure by which to evaluate the effectiveness of the management

program and to make determinations on the need for annual adjustments

to this program.

The regulations require the Multispecies Monitoring Committee

(MSMC) to review the best available scientific information, adjust

target TACs, and recommend management options to achieve the plan

objectives. In its report delivered at the December 11-12, 1996, New

England Fishery Management Council (Council) meeting, the MSMC

concluded that spawning stock biomass (SSB) has increased or is

projected to increase for the primary stocks. In addition, the MSMC

concluded that, with the exception of GOM cod, fishing mortality rates

have been reduced to below their respective overfishing definitions.

The MSMC report offered optimistic news concerning increased or

increasing SSB levels for the major stocks, and decreasing fishing

mortality rates for all but the GOM cod stock, but cautioned that SSB

for 1996 GB cod, haddock, and yellowtail flounder stocks remain below

the biological thresholds established in the FMP and recommended

additional reductions in fishing mortality, particularly for GOM cod.

Based on projected 1997 stock sizes and the FMP's 1997 fishing

mortality targets, the target TACs for the 1997 fishing year,

recommended by the MSMC and adopted by the Council, are as follows:

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

1997 1996

target target

Species/area TACs TACs

(metric (metric

tons) tons)

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

Georges Bank cod.................................. 3,646 1,851

Georges Bank haddock.............................. 1,608 2,801

Georges Bank yellowtail flounder.................. 776 385

Gulf of Maine cod................................. 2,605 2,761

Southern New England yellowtail flounder.......... 824 150

Aggregate for remaining regulated species......... 25,500 25,500

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

In addition to setting the target TACs, the MSMC report provided

the Council with five management options projected to keep the target

TACs from being exceeded. These options were based on DAS reductions

and/or year-round area closures.

At its December 1996 and January 7, 1997, meetings, the Council

considered the range of events, circumstances and regulations occurring

or projected to take effect in 1997, and their collective

[[Page 15382]]

impact on fishing mortality rates. Factors analyzed included the Vessel

Capacity Reduction Program (both pilot and proposed programs), the

proposed and realized marine mammal protection measures, the scheduled

GOM Jeffreys Ledge closure in the month of May, and the proposed

gillnet effort reduction measures. If the Council's assessment of the

cumulative effect of the above factors is realized, and fishing

mortality is reduced as projected, the average fishing mortality rate

for the five stocks of cod, haddock and yellowtail flounder would be

significantly reduced. However, in considering the projected fishing

mortality reduction for GOM cod alone, the difference in the projected

1997 rate and the goal for GOM cod remains significant.

The Council reasoned that some non-quantifiable factors not

considered by the MSMC should also be considered and factored into the

total effort reduction, e.g., the incentives to fish in other fisheries

provided by the additional exemptions, the incentive to fish offshore

on GB during the seasonal haddock trip limit increase, improved

enforcement from the new State/Federal cooperative agreements and

improved Coast Guard enforcement strategy, the stock enhancement

efforts underway by the State of Maine, as well as the combined effect

of the overall program on fishing behavior. Given all of the above

actions that have been taken or are scheduled to be taken and that were

not considered by the MSMC, the Council set its focus on the remaining

problem of addressing GOM cod.

Approved Measures

To address further reductions needed for GOM cod, this rule

implements a 1997 fishing year landing limit restriction for vessels

fishing north of 42 deg.00' N. lat., when fishing under a multispecies

DAS, whereby vessels are allowed to retain up to 1,000 lb (453.6 kg) of

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 cod per day, or any part of a

day, in excess of 4 days as described under Sec. 648.86(c)(1). A part

of a day is considered any time within a 24-hour period, and for trips

in excess of one day, any time within a 24-hour period following the

last complete 24-hour period, from the time the vessel called in to the

multispecies DAS program. For example, if a vessel initially called in

to the multispecies DAS program at 1 a.m. on Monday and ended its trip

by calling out of the program 3 days later on Wednesday at 5 a.m., the

vessel may retain and offload 3,000 lb (1,360.8 kg) of cod, because it

fished part of 3 different days (i.e., 3 X 1,000 lb).

Vessel operators that exceed the landing limit of cod may retain

the excess fish but may not call-out of the multispecies DAS program

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

cod off-loaded per trip. To mitigate discarding and to provide a method

of enforcing this provision, vessels that exceed the cod landing limit

must report their hailed weight of cod on board under a separate call-

in system, upon entering port. Vessels exceeding the landing limit of

cod may, but are not required to, offload their catch after reporting

their hailed weight of cod. Also, vessels that do not exceed their

landing limit of cod but wish to offload their cod catch and not call-

out of the multispecies DAS program may do so provided that they report

their hailed weight of cod using the separate call-in system upon

entering port.

Vessel operators may receive an exemption from this landing limit

by fishing south of 42 deg.00' N. lat. for a minimum of 30 days and by

obtaining and keeping a NMFS-issued exemption certificate on board the

vessel as described under Sec. 648.86(c)(2). When fishing under this

exemption program, vessels are allowed to transit the area north of

42 deg.00' N. lat., provided their gear is stowed in conformance with

the regulations.

To address concern over the high level of discards reported

seasonally by some fishers under the current 1,000 lb (453.6 kg)

haddock possession limit, this rule implements a measure for the 1997

fishing year, only, that increases the landing limit, 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 described under Sec. 648.86(a). As a

means to ensure that landings are kept well below the 1,608 mt target

TAC level for 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 will be published in the Federal Register when

the 1,000-lb (453.6kg) trip limit is reinstated. Implementing the

haddock daily landing limit on September 1 will help alleviate a derby

fishery and is based on the period of time when vessels are likely to

harvest haddock in excess of 1,000 lb (453.6 kg) per trip. In addition,

elimination of the current possession limit during a time when vessels

are more likely to catch haddock when fishing for other regulated

species provides an incentive for larger vessels to leave inshore

fishing grounds, thereby relieving some pressure on inshore stocks,

particularly GOM cod.

This action implements a set of additional gillnet restrictions

designed to restrict further multispecies gillnet vessels as described

under Sec. 648.82(j). Because many gillnet vessels leave their nets in

the water when they return to port and call-out of the DAS program,

additional effort restrictions for the gillnet sector are necessary to

achieve an effort reduction equivalent to the other vessel sectors,

i.e., a 50 percent DAS reduction from the baseline year. Thus, this

rule requires that limited access vessels fishing with multispecies

gillnet gear (with the exception of vessels fishing under the Small

Vessel permit category) declare into either a Day or Trip gillnet

category designation as described under Sec. 648.82(j). When fishing

under a multispecies DAS with gillnet gear, vessels fishing under a

Trip gillnet category designation must, under this action, remove all

gillnet gear from the water before calling-out of the multispecies DAS

program. All other gillnet vessels are required to declare into the Day

gillnet category and: (1) When fishing under a multispecies DAS, must

not fish more than 80 roundfish gillnets or 160 flatfish gillnets

(vessels may fish any combination of roundfish and flatfish gillnets,

up to 160 nets); (2) when fishing under a multispecies DAS, must mark

all gillnet gear with tags purchased from NMFS (two tags per roundfish

gillnet and one tag per flatfish gillnet); and (3) during each fishing

year, must declare and take a total of 120 days out of the multispecies

gillnet fishery (each period of time declared and taken must be at

least 7-consecutive days and at least 21 days of this time must be

taken between June 1 and September 30 of each fishing year). When

fishing with multispecies gillnet gear under the multispecies DAS

program, a vessel will accrue 15 hours DAS for each trip greater than 3

hours but less than or equal to 15 hours (a vessel will accrue actual

DAS time at sea for trips less than or equal to 3 hours or greater than

15 hours).

This action modifies and adds several exempted fisheries. Based on

public comment and other available information, the Regional

Administrator has determined that these modifications and additions to

the current exemption programs are consistent with the 5-percent

regulated species bycatch limit and will not jeopardize the fishing

mortality objectives of the FMP. The first is a dredge fishery for

mussels and sea urchins in the current Nantucket Shoals dogfish fishery

exemption area and in the SNE Regulated Mesh Area as described under

Secs. 648.80 (a)(11) and

[[Page 15383]]

(b)(8), respectively. Vessels fishing with dredge gear for mussels and

sea urchins under this exemption may not fish with dredge gear greater

than 8 ft (2.44 m) in width.

Another exemption contained in the framework allows unlimited

amounts of skate to be retained in the current SNE monkfish trawl

exempted fishery south of 40 deg.10' N. lat. as described under

Sec. 648.80(b)(5).

Also, this rule prohibits the possession of monkfish in the Small

Mesh Northern Shrimp Fishery Exemption and modifies the allowable limit

of silver hake (whiting) from two totes to an amount equal to the

weight of shrimp on board as described under Sec. 648.80(a)(3)(i).

Finally, this action implements on a permanent basis three

exemptions that were previously allowed by the Regional Administrator

on a temporary basis and that have since expired. First, the rule

implements an exempted fishery for vessels fishing for monkfish and

dogfish with gillnet gear in a portion of the GOM/GB Regulated Mesh

Area as described Secs. 648.80(a)(12) and (a)(13), respectively. When

fishing for monkfish under this exemption, vessels are subject to a

minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net,

and a fishing season of July 1 through September 14. When fishing for

dogfish under this exemption, vessels are subject to a minimum mesh

size of 6.5-inch (16.5-cm) diamond mesh throughout the net, and a

fishing season of July 1 through August 31.

Second, the rule implements a year-round exempted fishery for

vessels fishing for monkfish and skate (skate being added to the

previous temporary action) with gillnet gear in a portion of the SNE

Regulated Mesh Area as described under Sec. 648.80(b)(6). Vessels

fishing for monkfish and skate under this exemption are subject to a

minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net.

Third, the rule implements an exempted fishery for vessels fishing

for dogfish with gillnet gear in a portion of the SNE Regulated Mesh

Area as described under Sec. 648.80(b)(7). When fishing for dogfish

under this exemption, vessels are subject to a minimum mesh size of 6-

inch (15.24-cm) diamond mesh throughout the net, and a fishing season

of May 1 through October 31.

To clarify how DAS are actually recorded when a vessel is fishing

under a scallop or multispecies DAS, this rule modifies the way that

time is accrued by counting DAS to the nearest minute rather than to

the nearest hour as described under Sec. 648.53(e).

Disapproved Measure

A measure that would have provided an alternative method for

tagging gillnets is disapproved. The alternative would have allowed

roundfish gillnet tags to be fastened at different intervals, i.e., at

every other bridle as proposed for flatfish gillnets, rather than

fastened to each bridle as proposed for all other roundfish gillnets.

This measure is disapproved because it would unnecessarily complicate

enforcement of the gillnet tagging program.

Abbreviated Rulemaking

NMFS is making these revisions to the regulations under the

framework abbreviated rulemaking procedure codified at 50 CFR part 648,

subpart F. This procedure requires the Council, when making

specifically allowed adjustments to the FMP, to develop and analyze the

actions over the span of at least two Council meetings. The Council

must provide the public with advance notice of both the proposals and

the analysis, and an opportunity to comment on them prior to and at a

second Council meeting. Upon review of the analysis and public comment,

the Council may recommend to the Regional Administrator that the

measures be published as a final rule if certain conditions are met.

NMFS may publish the measures as a final rule, or as a proposed rule if

additional public comment is needed.

The public was provided the opportunity to express opinions at

numerous meetings beginning in April 1996. The following list indicates

the meetings at which this action, or parts of this action were on the

agenda, discussed, and public comment was heard. The Council formally

initiated the framework adjustment for parts of this action at its

November 1996 meeting, and for the combined action at its December

meeting. The final meeting at which public comments were heard was the

January 29-30, 1997, meeting.

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

Date Meeting Location

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

1996

February 27-28.............. Council............. Danvers, MA.

April 11.................... Groundfish.......... Peabody, MA.

Oversight (OS)......

April 17-18................. Council............. Danvers, MA.

June 5-6.................... Council............. Danvers, MA.

June 11..................... Groundfish OS....... Portland, ME.

July 9...................... Groundfish OS....... Peabody, MA.

July 17-18.................. Council............. Peabody, MA.

August 13................... Groundfish OS....... Peabody, MA.

August 21-22................ Council............. Danvers, MA.

August 27................... Groundfish OS....... Woods Hole, MA.

September 9................. Council............. Peabody, MA.

October 2-3................. Council............. Danvers, MA.

October 28.................. Groundfish OS....... Peabody, MA.

November 6-7................ Council............. Portland, ME.

November 20................. Groundfish OS....... Peabody, MA.

December 11-12.............. Council............. Peabody, MA.

December 17................. Groundfish OS....... Woods Hole, MA.

1997

January 7................... Groundfish OS....... Peabody, MA.

January 16.................. Council............. Danvers, MA.

January 29-30............... Council............. Danvers, MA.

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[[Page 15384]]

Documents summarizing the Council's proposed action, and the

analysis of biological and economic impacts of this and alternative

actions were available for public review 5 days prior to the Council's

final January 29-30, 1997, meeting, as is required under the framework

adjustment process. Also, written comments were accepted up to and

during the January 29-30, 1997, meeting.

Comments and Responses

Comment 1: Approximately 75 letters, as well as numerous e-mails

and telephone calls, were received from members of conservation

organizations urging that measures necessary to achieve the plan

objectives in fishing year 1997 be developed and implemented.

Response: It is anticipated that Framework 20 will achieve the plan

objectives in fishing year 1997, taking into consideration the combined

effect of all regulations, events and circumstances that contribute to

fishing mortality. The framework adjustment process allows the Council

the ability to continually monitor the progress of the plan and make

adjustments as necessary to keep the plan moving in the direction of

its stock-rebuilding goals.

Comment 2: Numerous comments from members of the fishing industry

were received asserting that additional DAS reductions would be

economically disastrous. Commenters indicated that since plan

objectives were being met for some stocks, measures should be

implemented specific to those stocks still in need of additional

protection.

Response: DAS is not being reduced further than what was already

scheduled for fishing year 1997. Framework 20 adopts a trip limit for

GOM cod to specifically reduce exploitation rates on that stock, which

remain near the all-time high. It is anticipated that exploitation

rates on the other four critical stocks will be below FMP limits, based

on already scheduled DAS reductions and other factors that contribute

to reducing fishing effort, such as the haddock trip limit

restrictions, and additional gillnet gear restrictions.

Comment 3: A number of inshore, small-boat fishers objected to the

Council's consideration of area closures to protect GOM cod. They

argued that the closures were unfair, because small boats do not have

the option of fishing offshore when their grounds are closed, while

larger boats are able to fish elsewhere. They also stated that effort

displaced by the closures would concentrate inshore effort, severely

damaging inshore fisheries and increasing gear conflicts.

Response: The Council rejected area closure alternatives and

instead adopted a trip limit for GOM cod that applies in the same

manner to all vessels. The trip limit proposal is also designed to

accommodate offshore trips by increasing the allowance on trips of five

or more days. The Coast Guard indicated to the Council that it would

have difficulty enforcing another large area closure with current

enforcement resources.

Comment 4: A number of industry members from Cape Cod, Gloucester,

and New Bedford objected to the Council's consideration of an extension

of Area I to offset an increase in the haddock landing limit. They

argued that the closure would eliminate a flatfish ground important to

them, while they would not benefit from the increased haddock, since

they do not fish for haddock.

Response: The Council rejected the Area I closure extension, and

instead, developed a daily haddock landing limit, off-setting it with a

reduction in the target haddock TAC (1,150 mt), at which time the 1,000

lb (453.6 kg) would be reinstated.

Comment 5: Two letters were received from fishers as well as

several verbal comments opposing trip limits on the basis that they

would result in discards or illegal landings. These commenters also

objected to the Council's decision to include trip limits at its

January 16th meeting because they felt the public had inadequate

notice.

Response: The cod trip limit was designed to allow vessels to land

cod in excess of the daily limit, avoiding discards. The measure also

counts the landings against the DAS allocation at the trip limit rate,

to meet the conservation goals. The haddock trip limit is not expected

to create a discard problem because most trips currently do not catch

the limit. Further, it will alleviate a discard problem that

occasionally exists on offshore trips that encounter a concentration of

haddock while fishing for other species. Increasing the haddock landing

limit will allow a vessel to land more haddock than under current

rules, while not creating an incentive to direct effort on haddock.

NMFS recognizes that there may be potential enforcement problems in

insuring adherence to the trip limits on cod and haddock. The Council

has acknowledged this and is committed to reviewing the efficiency of

these measures in the near future to determine whether adjustments

should be made.

Regarding adequacy of public notice, the draft framework document

containing the description of measures and analysis, including the trip

limits was available for public comment one week prior to the final

framework meeting on January 29-30, 1997.

Comment 6: An offshore gillnet fisher stated that the Council's

trip limit proposals would force offshore boats to fish inshore. He

proposed a system that would require a vessel to declare into either an

inshore or offshore gillnet category.

Response: To address the need to reduce fishing mortality on GOM

cod, this rule implements a trip limit for vessels fishing in the GOM,

i.e., north of 42 deg.00' N. lat. and provides an exemption for vessels

fishing for cod south of this line. The Council did not adopt the

alternative suggested by the commenter because it was not provided to

the Council early enough to be analyzed and discussed in the framework

document.

Comment 7: Council members and the public raised concerns about how

the per-day limit on cod would be implemented.

Response: These concerns were noted by the Council and NMFS at the

last Council meeting, January 29-30, 1997, before submission of

Framework 20 to NMFS. Council members, Council staff, and NMFS

communicated to ensure that Council intent as expressed at Council

meetings was reflected in regulatory measures.

Adherence to Framework Procedure Requirements

The Council considered public comment prior to making its

recommendation to the Regional Administrator under the provisions for

abbreviated rulemaking in this FMP. The Council requested publication

of these management measures as a final rule after considering the

required factors stipulated under the framework measures in the FMP, 50

CFR 648.90, and has provided supporting analyses for each factor

considered.

At the final Council meeting on this framework action, there were

conflicting interpretations of how the cod trip limit would be

implemented. For example, the procedure for how the cod trip limit

would be administered for vessels that land cod based on ``part of a

day'' fishing and the procedure for dealing with landings of trips that

exceed the cod trip limit were not explicitly resolved. Thus NMFS is

publishing this action as an interim final rule to provide the public

an additional opportunity to comment on this action, particularly how

the cod trip limit will be implemented. Comments on this rule are

invited and must be received

[[Page 15385]]

through May 1, 1997. The Regional Administrator will review all

comments received and, if the comments warrant, will take further

action when promulgating a final rule.

Classification

The Assistant Administrator for Fisheries, NOAA (AA) finds there is

good cause to waive prior notice and opportunity for public comment

under 5 U.S.C. 553(b)(B). Public meetings held by the Council to

discuss the management measures implemented by this rule provided

adequate prior notice and an opportunity for public comment to be heard

and considered; therefore, further notice and opportunity to comment

before this rule is effective, is unnecessary. However, as discussed

above, NMFS is requesting comments prior to finalizing this rule.

Because a general notice of proposed rulemaking is not required to

be published for this rule by 5 U.S.C. 553 or by any other law, this

rule is exempt from the requirement to prepare an initial or final

regulatory flexibility analysis under the Regulatory Flexibility Act.

As such, none has been prepared. The primary intent for this action is

to achieve the conservation goals established by Amendment 7 to the

FMP, while mitigating its economic impacts; and to incorporate several

other Council actions that would otherwise have been submitted as

separate frameworks. These actions as well as the seasonal increase in

the haddock trip limit for 1997 mitigate some impacts of Amendment 7 by

establishing exemptions from certain provisions, while not compromising

reduction of effort objectives for regulated species in the Northeast

multispecies fishery.

This final rule has been determined to be not significant for

purposes of E.O. 12866.

Notwithstanding any other provision of law, no person is required

to respond to nor shall a person be subject to a penalty for failure to

comply with a collection of information subject to the requirements of

the Paperwork Reduction Act (PRA) unless that collection of information

displays a currently valid OMB control number.

This rule contains seven new collections of information

requirements. The collection of this information was submitted to OMB

for emergency processing, as announced in a notice that was published

in the Federal Register on March 12, 1997 (62 FR 11415). The

collection-of-information requirements have been approved under OMB

control number 0648-0202 and 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 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. Public comment is sought regarding: Whether

this collection of information is necessary for the proper performance

of the functions of the agency, including whether the information has

practical utility; the accuracy of the burden estimate; ways to enhance

the quality, utility, and clarity of the information to be collected;

and ways to minimize the burden of the collection of information,

including through the use of automated collection techniques or other

forms of information technology. Send comments regarding any of these

burden estimates or any other aspect of the collection-of-information

to NMFS and 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: March 26, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 15 CFR Chapter IX and 50

CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE

PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

1. The authority citation for part 902 continues to read as

follows:

Authority: 44 U.S.C. 3501 et seq.

2. In Sec. 902.1, paragraph (b), the table is amended by adding in

the left column under 50 CFR, the entry ``648.86'', and in the right

column, in the corresponding position, the control number ``-0202''.

50 CFR, CHAPTER VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

follows:

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

4. In Sec. 648.2, the definition for ``Day(s)-at-Sea (DAS)'' is

revised, and the definitions for ``Flatfish gillnets'' and ``Roundfish

gillnets'' are added, in alphabetical order, to read as follows:

Sec. 648.2 Definitions.

* * * * *

Day(s)-at-Sea (DAS), with respect to the NE multispecies and

scallop fisheries, except as described in Sec. 648.82(j)(1)(iv), means

the 24-hour periods of time during which a fishing vessel is absent

from port in which the vessel intends to fish for, possess or land, or

fishes for, possesses, or lands regulated species or scallops.

* * * * *

Flatfish gillnets means gillnets that are either constructed with

no floats on the float line, or that are constructed with floats on the

float line and that have tie-down twine between the float line and the

lead line not more than 48

[[Page 15386]]

inches (18.90 cm) in length and spaced not more than 15 feet (4.57 m)

apart.

* * * * *

Roundfish gillnets means gillnets that are constructed with floats

on the float line and that have no tie-down twine between the float

line and the lead line.

* * * * *

5. In Sec. 648.4, paragraph (c)(2)(iii) is revised to read as

follows:

Sec. 648.4 Vessel permits.

* * * * *

(c) * * *

(2) * * *

(iii) An application for a limited access multispecies permit must

also contain the following information:

(A) If applying for a limited access multispecies Combination

Vessel permit or Individual DAS category permit, or if opting to use a

VTS, a copy of the vendor installation receipt from a NMFS-approved VTS

vendor as described in Sec. 648.9.

(B) For vessels fishing for NE multispecies with gillnet gear, with

the exception of vessels under the Small Vessel permit category, an

annual declaration as either a Day or Trip gillnet vessel designation

as described in Sec. 648.80(j). Vessel owners electing a Day gillnet

designation must indicate the number of gillnet tags that they are

requesting and must include a check for the cost of the tags. A permit

holder letter will be sent to all eligible gillnet vessels informing

them of the costs associated with this tagging requirement and

directions for obtaining tags. Once a vessel owner has elected this

designation, he/she may not change the designation or fish under the

other gillnet category for the remainder of the fishing year.

Incomplete applications, as described in paragraph (e) of this section,

will be considered incomplete for the purpose of obtaining

authorization to fish in the NE multispecies gillnet fishery and will

be processed without a gillnet authorization.

* * * * *

6. In Sec. 648.10, paragraphs (c)(3) and (f) are revised to read as

follows:

Sec. 648.10 DAS Notification Requirements.

* * * * *

(c) * * *

(3) At the end of a vessel's trip, upon its return to port, the

vessel owner or owner's representative must call the Regional

Administrator and notify him/her that the trip has ended by providing

the following information: Owner and caller name and phone number,

vessel name, port of landing and permit number, and that the vessel has

ended a trip. A DAS ends when the call has been received and

confirmation has been given by the Regional Administrator.

* * * * *

(f) Additional NE multispecies call-in requirements.--(1) Spawning

season call-in. With the exception of vessels issued a valid Small

Vessel category permit, vessels subject to the spawning season

restriction described in Sec. 648.82 must notify the Regional

Administrator of the commencement date of their 20-day period out of

the NE multispecies fishery through either the VTS system or by calling

and providing the following information: Vessel name and permit number,

owner and caller name and phone number and the commencement date of the

20-day period.

(2) Gillnet call-in. Vessels subject to the gillnet restriction

described in Sec. 648.82(j)(1)(iii) must notify the Regional

Administrator of the commencement date of their time out of the NE

multispecies gillnet fishery using the procedure described in paragraph

(f)(1) of this section.

7. In Sec. 648.14, paragraphs (a)(43), (b), (c)(1), and (c)(7) are

revised, and paragraphs (c) (11) through (19) are added to read as

follows:

Sec. 648.14 Prohibitions.

(a) * * *

(43) Violate any of the provisions of Sec. 648.80(a)(4), the

Cultivator Shoals whiting fishery exemption area; (a)(5), the

Stellwagen Bank/Jefferys Ledge (SB/JL) juvenile protection area;

(a)(8), Small Mesh Area 1/Small Mesh Area 2; (a)(9), the Nantucket

Shoals dogfish fishery exemption area; (a)(11), the Nantucket Shoals

mussel and sea urchin dredge exemption area; (a)(12), the GOM/GB

monkfish gillnet exemption area; (a)(13), the GOM/GB dogfish gillnet

exemption area; (b)(3) exemptions (small mesh); (b)(5), the SNE

monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and

skate gillnet exemption area; (b)(7), the SNE dogfish gillnet exemption

area; or (b)(8), the SNE mussel and sea urchin dredge exemption. A

violation of any of these paragraphs is a separate violation.

* * * * *

(b) In addition to the general prohibitions specified in

Sec. 600.725 of this chapter and in paragraph (a) of this section, it

is unlawful for any person owning or operating a vessel holding a

multispecies permit, issued an operator's permit, or issued a letter

under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel,

more than the possession or landing limits specified in Sec. 648.86(a)

and (c), or to violate any of the other provisions of Sec. 648.86.

(c) * * *

(1) Fish for, possess at any time during a trip, or land per trip

more than the possession limit of regulated species specified in

Sec. 648.86(d) after using up the vessel's annual DAS allocation or

when not participating in the DAS program pursuant to Sec. 648.82,

unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.

* * * * *

(7) Possess or land per trip more than the possession or landing

limits specified under Sec. 648.86 (a) or (c), and Sec. 648.82(b)(3),

if the vessel has been issued a limited access multispecies permit.

* * * * *

(11) If the vessel has been issued a limited access multispecies

permit and fishes under a multispecies DAS, fail to comply with gillnet

requirements and restrictions specified in Sec. 648.82(j).

(12) If the vessel has been issued a Day gillnet category

designation, fail to comply with the restrictions and requirements

specified in Sec. 648.82(j)(1).

(13) If the vessel has been issued a Day gillnet category

designation, fail to remove gillnet gear from the water as described in

Sec. 648.82(g) and Sec. 648.82(j)(1)(iv).

(14) Fail to produce or, cause to be produced, gillnet tags when

requested by an authorized officer.

(15) Produce, or cause to be produced, gillnet tags required under

Sec. 648.82(j)(1) without the written confirmation from the Regional

Administrator described in Sec. 648.82(j)(1)(ii).

(16) Tag a gillnet or use a gillnet tag that has been reported

lost, missing, destroyed, or issued to another vessel.

(17) Sell, transfer, or give away gillnet tags that have been

reported lost, missing, destroyed, or issued to another vessel.

(18) If the vessel has been issued a Trip gillnet category

designation, fail to comply with the restrictions and requirements

specified in Sec. 648.82(j)(2).

(19) Fail to comply with the exemption specifications as described

in Sec. 648.86(c)(2).

* * * * *

8. In Sec. 648.53, paragraph (e) is revised to read as follows:

Sec. 648.53 DAS allocations.

* * * * *

(e) Accrual of DAS. DAS shall accrue to the nearest minute.

* * * * *

9. In Sec. 648.80, paragraphs (a)(2)(iii), (a)(3)(i), (b)(2)(iii),

and (b)(5) are revised, and paragraphs (a)(11), (a)(12), (a)(13) and

(b)(6) through (b)(8) are added to read as follows:

[[Page 15387]]

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 (a)(13),

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

multispecies DAS, 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).

(3) * * *

(i) Restrictions on fishing for, possessing, or landing fish other

than shrimp. A vessel fishing in the northern shrimp fishery described

in this section under this exemption may not fish for, possess on

board, or land any species of fish other than shrimp, except for the

following, with the restrictions noted, as allowable bycatch species:

Longhorn sculpin; silver hake--up to an amount equal to the total

weight of shrimp landed; and American lobster--up to 10 percent, by

weight, of all other species on board, or 200 lobsters (whichever is

less).

* * * * *

(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, provided that any dredge on board the

vessel does not exceed 8 feet (2.44 m) in width, 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.

(12) GOM/GB Monkfish Gillnet Exemption. A vessel may fish with

gillnets in the GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption

Area when not under a NE multispecies DAS if the vessel complies with

the requirements specified in paragraph (a)(12)(i) of this section. The

GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area is defined

by straight lines connecting the following points in the order stated:

N. Lat. W. Long.

41 deg.35' 70 deg.00'

42 deg.49.5' 70 deg.00'

42 deg.49.5' 69 deg.40'

43 deg.12' 69 deg.00'

(\1\) 69 deg.00'

(\1\) due north to Maine shoreline.

(i) Requirements. (A) A vessel fishing under this exemption may not

fish for, possess on board, or land any species of fish other than

monkfish, or lobsters in an amount not to exceed 10 percent by weight

of the total catch on board, or 200 lobsters (whichever is less).

(B) All gillnets must have a minimum mesh size of 10 inches (25.4

cm) diamond mesh throughout the net.

(C) Fishing is confined to July 1 through September 14.

(13) GOM/GB Dogfish Gillnet Exemption. A vessel may fish with

gillnets in the GOM/GB Dogfish and monkfish gillnet fishery exemption

area when not under a NE multispecies DAS if the vessel complies with

the requirements specified in paragraph (a)(13)(i) of this section. The

area coordinates of the GOM/GB Dogfish and Monkfish Gillnet Fishery

Exemption Area are specified in paragraph (a)(11) of this section.

(i) Requirements. (A) A vessel fishing under this exemption may not

fish for, possess on board, or land any species of fish other than

dogfish, or lobsters in an amount not to exceed 10 percent by weight of

the total catch on board, or 200 lobsters (whichever is less).

(B) All gillnets must have a minimum mesh size of 6.5 inches (16.5

cm) diamond mesh throughout the net.

(C) Fishing is confined to July 1 through August 31.

(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 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).

* * * * *

(5) SNE Monkfish and Skate Trawl Exemption Area. A vessel may fish

with trawl gear in the SNE Monkfish and Skate Trawl Fishery Exemption

Area when not operating under a NE multispecies DAS if the vessel

complies with the requirements specified in paragraph (b)(5)(i) of this

section. The SNE Monkfish and Skate Trawl Fishery Exemption Area is

defined as the area bounded on the north by a line extending eastward

along 40 deg.10' N. lat., and bounded on the west by the eastern

boundary of the Mid-Atlantic Regulated Mesh Area.

(i) Requirements. (A) A vessel fishing under this exemption may

only fish for, possess on board, or land monkfish, skates, and the

bycatch species and amounts specified in paragraph (b)(3) of this

section.

(B) All trawl nets must have a minimum mesh size of 8-inches (20.3-

cm) square or diamond mesh throughout the codend for at least 45

continuous meshes forward of the terminus of the net.

(6) SNE Monkfish and Skate Gillnet Exemption Area. A vessel may

fish with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery

Exemption Area when not operating under a NE multispecies DAS if the

vessel complies with the requirements specified in paragraph (b)(6)(i)

of this section. The SNE Monkfish and Skate Gillnet Fishery Exemption

Area is defined by a line running from the Massachusetts shoreline at

41 deg.35' N. lat. and 70 deg.00' W. long. south to its intersection

with the outer boundary of the EEZ, southwesterly along the outer

boundary of the EEZ, and bounded on the west by the eastern boundary of

the Mid-Atlantic Regulated Mesh Area.

(i) Requirements. (A) A vessel fishing under this exemption may

only fish for, possess on board, or land monkfish, skates, and the

bycatch species and amounts specified in paragraph (b)(3) of this

section.

(B) All gillnets must have a minimum mesh size of 10 inch (25.4 cm)

diamond mesh throughout the net.

(C) All nets with a mesh size smaller than the minimum mesh size

specified in paragraph (b)(6)(i)(B) of this section must be stowed as

specified in Sec. 648.81(e)(4).

(7) SNE Dogfish Gillnet Exemption Area. A gillnet vessel may fish

in the SNE Dogfish Gillnet Fishery Exemption Area when not operating

under a NE multispecies DAS if the vessel complies with the

requirements specified in paragraph (b)(7)(i) of this section. The SNE

Dogfish Gillnet Fishery Exemption Area is defined by a line running

from the Massachusetts shoreline at 41 deg.35' N. lat. and 70 deg.00'

W. long. south to its intersection with the outer boundary of

[[Page 15388]]

the EEZ, southwesterly along the outer boundary of the EEZ, and bounded

on the west by the eastern boundary of the Mid-Atlantic Regulated Mesh

Area.

(i) Requirements. (A) A vessel fishing under this exemption may

only fish for, possess on board, or land dogfish and the bycatch

species and amounts specified in paragraph (b)(3) of this section.

(B) All gillnets must have a minimum mesh size of 6-inches (15.24-

cm) diamond mesh throughout the net.

(C) Fishing is confined to May 1 through October 31.

(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 feet (2.44 m) in width, and the

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

other than mussels and sea urchins.

* * * * *

10. In Sec. 648.81, in paragraph (e) the introductory text is

removed as follows:

Sec. 648.81 Closed Areas.

* * * * *

(e) Gear stowage requirements.

* * * * *

11. In Sec. 648.82, paragraph (g) is revised and paragraph (j) is

added 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 regulated NE multispecies fishery

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 non-exempted gillnet gear 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 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 fishery during

May 1996, it is not required to take a 20-day block out of the NE

multispecies fishery in 1997. Beginning January 1, 1998, any such

vessel must comply with the spawning season restriction specified in

this part.

* * * * *

(j) Gillnet restrictions. Vessels issued a limited access NE

multispecies permit fishing under a multispecies DAS with gillnet gear

must obtain an annual designation as either a Day gillnet or Trip

gillnet vessel as described in Sec. 648.4(c)(2)(iii)(B).

(1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet

gear under a multispecies DAS is not required to remove gillnet gear

from the water upon returning to the dock and calling-out of the DAS

program, provided:

(i) Number and size of nets. Vessels may not fish with, haul,

possess, or deploy more than 80 roundfish gillnets or 160 flatfish

gillnets. Vessels may fish any combination of roundfish and flatfish

gillnets, up to 160 nets, provided that the number of roundfish and

flatfish gillnets does not exceed the limitations specified in this

subparagraph, and the nets are tagged in accordance with paragraph

(j)(1)(ii) of this section. Nets may not be longer than 300 ft (91.44

m), or 50 fathoms, in length.

(ii) Tagging requirements. Beginning June 1, 1997, all roundfish

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.

(iii) All gillnet gear is brought to port prior to the vessel

fishing in an exempted fishery.

(iv) Declaration of time out of the gillnet fishery. (A) During

each fishing year, vessels must declare, and take, a total of 120 days

out of the multispecies 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 multispecies

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 harvested with gillnet

gear, or 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.

(A) Vessels shall declare their periods of required time following

the notification procedures specified in Sec. 648.10(f)(2).

(B) During each period of time declared, a vessel is prohibited

from fishing with non-exempted gillnet gear. However, the vessel may

fish in an exempted fishery as described in Sec. 648.80, or it may fish

under a multispecies DAS provided it fishes with gear other than non-

exempted gillnet gear.

(v) Method of counting DAS. Day gillnet vessels fishing with

gillnet gear under a multispecies DAS will accrue 15 hours DAS for each

trip greater than 3 hours but less than or equal to 15 hours. Such

vessels will accrue actual DAS time at sea for trips less than or equal

to 3 hours or greater than 15 hours.

(vi) Lost tags. Vessel owners or operators are required to report

lost, destroyed, and missing tag numbers as soon as feasible after tags

have been discovered lost, destroyed or missing, by letter or fax to

the Regional Administrator.

(vii) Replacement tags. Vessel owners or operators seeking

replacement of lost, destroyed, or missing tags must request

replacement of tags by letter or fax to the Regional Administrator. A

check for the cost of the replacement tags must be received before tags

will be re-issued.

(2) Trip gillnet vessels. When fishing under a multispecies DAS, a

Trip gillnet vessel is required to remove all gillnet gear from the

water before calling-out of a multispecies DAS under Sec. 648.10(c)(3).

When not fishing under a multispecies DAS, Trip gillnet vessels may

fish in an exempted fishery with gillnet gear as authorized under the

exemptions described in Sec. 648.80. Vessels electing to fish under the

Trip gillnet designation must have on board written confirmation issued

by the Regional Administrator, that the vessel is a Trip gillnet

vessel.

12. In Sec. 648.86, paragraphs (a)(1) and (c) are revised and

paragraph (d) is added to read as follows:

[[Page 15389]]

Sec. 648.86 Possession and landing restrictions.

(a) Haddock--(1) NE multispecies DAS vessels. (i) Except as

provided in paragraph (a)(1)(ii) of this section, a vessel that is

fishing under a NE multispecies DAS may land or possess on board up to

1,000 lb (453.6 kg) of haddock provided it has at least one standard

tote on board. Haddock on board a vessel subject to this possession

limit must be separated from other species of fish and stored so as to

be readily available for inspection.

(ii) Beginning September 1, 1997, and for the 1997 fishing year

only, a vessel may land up to 1,000 lb (453.6 kg) of haddock per day,

or any part of a day, up to 10,000 lb (4,536.0 kg) per trip. Once the

Regional Administrator projects that 1,150 mt will be harvested, NMFS

will publish a notice in the Federal Register that on a specific date

the possession limit will revert to 1,000 lb (453.6 kg) per trip. At

such time that the 1,000 lb (453.6 kg) per trip possession limit is

reinstated, vessels will be subject to the restrictions specified in

paragraph (a)(1)(i) of this section. Haddock on board a vessel subject

to this landing limit must be separated from other species of fish and

stored so as to be readily available for inspection.

* * * * *

(c) Cod. The following landing restrictions apply May 1, 1997,

through April 30, 1998:

(1) Landing limit north of 42 deg.00' North Latitude. (i) Except as

provided in paragraph (c)(2) of this section, a vessel fishing under a

NE multispecies DAS may land up to 1,000 lb (453.6 kg) of cod per day,

or any part of a day, for each of the first 4 days of a trip, and may

land up to 1,500 lb (680.4 kg) of cod per day for each day, or any part

of a day, in excess of 4 consecutive days. A day, for the purposes of

this paragraph, means a 24 hour period. Vessels calling-out of the

multispecies DAS program under Sec. 648.10(c)(3) that have utilized

``part of a day'' (less than 24 hours) may land up to an additional

1,000 lb (453.6 kg) of cod for that ``part of a day'', however, such

vessels may not end any subsequent trip with cod on board within the

24-hour period following the beginning of the ``part of the day''

utilized (e.g., a vessel that has called-in to the multispecies DAS

program at 3 p.m. on a Monday and ends its trip the next day (Tuesday)

at 4 p.m. (accruing a total of 25 hours) may legally land up to 2,000

lb (907.2 kg) of cod on such a trip, but the vessel may not end any

subsequent trip with cod on board until after 3 p.m. on the following

day (Wednesday)). Cod on board a vessel subject to this landing limit

must be separated from other species of fish and stored so as to be

readily available for inspection.

(ii) A vessel subject to the cod landing limit restrictions

described in paragraph (c)(1)(i) of this section may come into port

with, and offload cod in excess of the landing limit as determined by

the number of DAS elapsed since the vessel called into the DAS program,

provided that:

(A) The vessel operator does not call-out of the DAS program as

described under Sec. 648.10(c)(3) until sufficient time has elapsed to

account for and justify the amount of cod harvested at the time of

offloading regardless if whether all of the cod on board is offloaded

(e.g., a vessel that has called-in to the multispecies DAS program at 3

p.m. on Monday may fish and come back into port at 4 p.m. on Wednesday

of that same week with 4,000 lb (1,814.4 kg) of cod, and offload some

or all of its catch, but cannot call out of the DAS program until 3:01

p.m. the next day, Thursday (i.e., 3 days plus one minute)); and

(B) Upon entering port, and before offloading, the vessel operator

notifies the Regional Administrator by calling 508-281-9278 and

provides the following information: Vessel name and permit number,

owner and caller name, phone number, and the hail weight of cod on

board and the amount of cod to be offloaded, if any. A vessel that has

not exceeded the landing limit and is offloading and ending its trip by

calling out of the multispecies DAS program does not have to report

under this call-in system.

(iii) A vessel that has not exceeded the cod landing limit

restrictions described in paragraph (c)(1)(i) and is offloading some or

all of its catch but not calling out of the multispecies DAS program

under Sec. 648.10(c)(3), is subject to the call-in requirement

described in paragraph (c)(1)(ii)(B) of this section.

(2) Exemption. A vessel fishing under a NE multispecies DAS is

exempt from the landing limit described in paragraph (c)(1) when

fishing south of 42 deg.00' N. lat., provided that it does not fish

north of this exemption area for a minimum of 30 consecutive days (when

fishing under the multispecies DAS program), and has on board an

authorization letter issued by the Regional Administrator. Vessels

exempt from the landing limit requirement may transit the GOM/GB

Regulated Mesh Area north of the 42 deg.00' N. lat., provided that

their gear is stowed in accordance with one of the provisions of

Sec. 648.81(e).

(d) Other possession restrictions. Vessels are subject to any other

applicable possession limit restrictions of this part.

[FR Doc. 97-8235 Filed 3-28-97; 8:45 am]

BILLING CODE 3510-22-P