Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 25

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980318066-8066-01; I.D. 022698A]

RIN 0648-AK77

Fisheries of the Northeastern United States; Northeast

Multispecies Fishery; Framework Adjustment 25

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule and 1998 target total allowable catch (TAC) levels.

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

SUMMARY: NMFS issues this final rule to implement measures contained in

Framework 25 to the Northeast Multispecies Fishery Management Plan

(FMP). The primary purpose of this action is to significantly reduce

fishing effort on Gulf of Maine (GOM) cod through a combination of

direct and indirect measures. Direct measures include area closures and

trip limits, and indirect measures include an incentive to shift effort

from the GOM to Georges Bank with an increased haddock trip limit. This

final rule implements management measures that include: 1-month

sequential closures for each of four GOM inshore areas starting in

Massachusetts Bay and extending to Penobscot Bay and for an offshore

area comprising Cashes Ledge; a year-round closure encompassing parts

of Stellwagen Bank, Jeffreys Ledge, and Wildcat Knoll; a reduction in

the GOM cod landing limit from 1,000 lb/day (453.6 kg/day) to 700 lb/

day (317.5 kg/day); an extension of the current 1,000 lb/day (453.6 kg/

day) haddock landing limit, with a 10,000 lb (4,536 kg/day) landing cap

per trip, for the period May 1 through August 31, and an increase to

3,000 lb/day (1,360.8 kg/day), with a 30,000 lb (13,608 kg/day) cap per

trip, beginning September 1; a requirement to use a raised footrope

trawl in Small Mesh Area 1 and Small Mesh Area 2; and a 1-year

postponement of the Vessel Tracking System (VTS) for multispecies

vessels. The intent of this action is to implement measures to achieve

the rebuilding goals of Amendment 7 to the FMP for the 1998

multispecies fishing year.

DATES: This final rule and the target total allowable catch levels are

effective May 1, 1998.

ADDRESSES: Copies of Amendment 7 to the FMP (Amendment 7), its

regulatory impact review (RIR), and the final regulatory flexibility

analysis contained with the RIR, its final supplemental environmental

impact statement, and Framework Adjustment 25 documents are available

on request from Paul J. Howard, Executive Director, New England Fishery

Management Council, 5 Broadway, Saugus, MA 01906-1097.

Comments regarding the collection-of-information requirements

contained in this final rule should be sent to Andrew A. Rosenberg,

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

Gloucester, MA 01930-2298 and to the Office of Information and

Regulatory Affairs, Office of Management and Budget, Washington, DC

20503 (Attention: NOAA Desk Officer).

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

Analyst, 978-281-9252.

SUPPLEMENTARY INFORMATION: Amendment 7, which became effective on July

1, 1996, established a procedure for setting annual TACs for the five

primary stocks of cod, haddock, and yellowtail flounder (Georges Bank

cod, haddock, and yellowtail flounder, Southern New England yellowtail

flounder, and GOM cod), and an aggregate TAC for the combined stocks of

the remaining regulated multispecies. Adjustment of target TACs, which

are calculated based on the biological reference points of

Fmax for GOM cod and F0.1 for the remaining

stocks of cod, haddock, and yellowtail flounder, is necessary to attain

a fishing mortality rate that would allow cod, haddock, and yellowtail

stocks to rebuild over time, and maintain current potential yield for

the seven remaining multispecies. Adjustment of annual target TACs

provides 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.

Under Amendment 7, the Multispecies Monitoring Committee (MSMC) was

established to review the

[[Page 15327]]

best available scientific information, adjust target TACs, and

recommend management options to achieve the plan objectives. In

response to the MSMC's advice for the 1997 fishing year, the New

England Fishery Management Council (Council) developed, and NMFS

implemented, Framework Adjustment 20 (62 FR 15381, April 1, 1997, and

62 FR 49144, September 19, 1997), which established a GOM cod landing

restriction limiting vessels fishing under a multispecies days-at-sea

(DAS) north of 42 deg.00' N. lat. 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.

In its report delivered at the December 9-11, 1997, Council

meeting, the MSMC found that stock status has generally improved for

the primary groundfish species, but that the condition of GOM cod

remains poor. The report concluded that, at 0.78, the fishing mortality

rate continues to be well above the overfishing definition (0.37) and

the Amendment 7 mortality target of FMAX (0.29). Further,

recruitment is at record low levels and spawning stock biomass is

declining. The MSMC estimated that, after consideration of the fishing

mortality reductions to be gained from the DAS reductions previously

implemented under Amendment 7 for fishing year 1998, an additional 48

percent fishing mortality reduction is necessary to achieve the target

FMAX for GOM cod.

Based on projected 1998 stock sizes and Amendment 7's fishing

mortality targets, the target TACs for the 1998 fishing year were set

by the MSMC and adopted by the Council as follows:

Based on projected 1998 stock sizes and Amendment 7's fishing

mortality targets, the target TACs for the 1998 fishing year were set

by the MSMC as follows:

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

1998 Target 1997 Target

TACs TACs

Species/area (metric (metric

tons) tons)

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

Georges Bank cod.............................. 4,700 3,646

Georges Bank haddock.......................... 4,797 1,608

Georges Bank yellowtail flounder.............. 2,145 776

Gulf of Maine cod............................. 1,783 2,605

Southern New England yellowtail flounder...... 814 824

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

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

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

the Council with eight specific management options and several general

options and recommendations to keep the target TACs from being

exceeded. These options were based on DAS reductions, trip limits, and

area closures in various combinations.

At its December 1997 meeting, the Council rejected options based on

reducing DAS because they would directly and unnecessarily affect

multispecies vessels fishing in areas outside of the GOM. In developing

its options, the Council charged its Multispecies Oversight Committee

to consider spawning area closure options that incorporate sequential

GOM inshore closures, and GOM cod landing limit reductions. Because GOM

cod is concentrated in near-shore waters, the Council recognized that

measures directed at reducing effort on this stock would have a large

impact on small inshore vessels, which account for most of the GOM cod

landings. A sequential rolling closure, the Council reasoned, would

affect vessels from various ports at different times and, thus, help

mitigate inshore closure impacts on small vessels by allowing fishing

to occur during the non-closure periods.

Therefore, to address further reductions needed for GOM cod, this

framework replaces the current multispecies Massachusetts Bay and Mid-

coast Area Closures with a 1-month closure for each of four inshore

areas, starting in Massachusetts Bay and extending to Penobscot Bay,

Maine, and a 1-month offshore closure in an area known as Cashes Ledge.

Additionally, the framework closes, year-round, an area in the western

GOM comprising part of Stellwagen Bank, Jeffreys Ledge, and Wildcat

Knoll. Exemptions to these new closed areas remain the same as those

for the previous Massachusetts Bay and Mid-coast Closure Areas. Also, a

vessel may transit through these closure areas provided its gear is

stowed properly according to the regulations.

The third and final provision under this action to address needed

reductions for GOM cod is a reduction in the current GOM cod landing

limit from 1,000 lb/day (453.6 kg/day) to 700 lb/day (317.5 kg/day). A

safeguard included in this last measure allows the Administrator,

Northeast Region, NMFS (Regional Administrator), to reduce the landing

limit to as low as 400 lb/day (181.4 kg/day) when 50 percent of the

target TAC is reached through publication of a notification in the

Federal Register. All GOM cod measures included in this framework will

sunset after 3 years.

The GOM cod option selected by the Council and implemented by this

rule imposes a short closure period for inshore grounds and provides an

opportunity for small vessels to target other species, while achieving

the conservation goals of the plan. A no-displacement analysis

completed by the Northeast Fisheries Science Center shows that the

closure and trip limit would meet the mortality reduction goal. It

should be noted, however, that these results are considered optimistic

because the analysis assumes that all catch from the closed areas is

conserved and no effort is displaced. Nevertheless, the Council

rationalized, and NMFS concurs, that the effect of combining the area

closures, trip limit (which could be reduced to 400 lbs (181.4 kg)),

and current DAS controls, will be sufficient to achieve the fishing

mortality reduction goal, while balancing the needs of the industry.

To address the 1998 target TAC increase for Georges Bank haddock,

this rule relaxes the current haddock management measures by

establishing a 1,000 lb/day (453.6 kg/day) haddock landing limit, up to

a maximum of 10,000 lb/trip (4,536 kg/trip), for the period May 1

through August 31, 1998, and by increasing the landing limit to 3,000

lb/day (1,360.8 kg/day), up to a maximum of 30,000 lb/trip (13,608 kg/

trip), beginning September 1. Similar to cod, this provision includes a

trigger mechanism that authorizes the Regional Administrator to reduce

the landing limit to either 1,000 lb/trip (453.6 kg/trip) or 1,000 lb/

day (453.6 kg/day), up to a maximum of 10,000 lb (4,536 kg) per trip,

when 75 percent of the Georges Bank haddock target TAC is caught,

[[Page 15328]]

through publication of a notification in the Federal Register.

This rule also requires the use of a raised footrope trawl to

ensure that the net remains off of the ocean bottom when towed by trawl

vessels fishing in the Small Mesh Area 1 and Small Mesh Area 2

exemption areas. The raised footrope design has been successfully used

in experimental fisheries conducted by the Massachusetts Division of

Marine Fisheries (MADMF) to reduce the incidental catch of several

bottom-dwelling species, including regulated flatfish species, while

engaged in the whiting fishery.

Finally, this rule postpones, for the 1998 fishing year only, the

mandatory use of VTS by multispecies vessels with an individual DAS

allocation. NMFS has completed field testing of the VTS and had

informed the Council that the system could be operational by the start

of the 1998 fishing year. Under current regulations, a multispecies

vessel that possesses an individual DAS permit category (Individual DAS

or Combination permit) would be required to install and maintain a VTS

unit aboard the vessel to track DAS once the system is operational. The

Council has requested an additional year for implementation to address

comments and issues raised by members of the public.

Because parts of Small Mesh Area 2 and Stellwagen Bank/Jeffreys

Ledge Juvenile Protection Area lie within the year-round Western GOM

Area Closure, this rule adjusts the coordinates of these two areas to

reflect this change.

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 comments on the

management of GOM cod at numerous meetings beginning in December, 1996

when the MSMC informed the Council of the severely overfished status of

GOM cod. Following development of Framework 20, the Council, through

its Multispecies Oversight Committee and Area Closure Subcommittee,

continued development of area closure alternatives for the GOM at

public meetings held on several occasions during 1997. At the July

Council meeting, the Northeast Fisheries Science Center presented

results of its 24th Stock Assessment Workshop (SAW), updating the

status of cod, haddock, and yellowtail flounder stocks, and advised the

Council that fishing mortality on GOM cod be reduced to levels

approaching zero.

On December 3, 1997, the MSMC released its annual report. On

December 5, the Area Closure Subcommittee and Multispecies Plan

Development Team held a public meeting in Saugus, MA to develop an area

closure alternative that would meet the 1998 fishing year goals based

on information contained in the MSMC report. The first framework

meeting was the December 9-11, 1997, Council meeting. The Multispecies

Oversight Committee (Groundfish Committee) met on December 15 to

finalize options to be included in the framework document. On January

7, 1998, the Groundfish Advisory Panel met to draft comments on the

options for consideration by the Council. The final meeting at which

public comments were heard was the January 14-15, 1998, Council

meeting. 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 one week prior to the final

meeting, as is required under the framework adjustment process. Written

comments were accepted up to, and during, that meeting.

Comments and Responses

Comment 1: Approximately 100 letters and e-mails, as well as

several phone calls, were received from members of conservation

organizations urging the Council to develop measures necessary to

continue achieving the Amendment 7 rebuilding plan goals.

Response: Framework 25 measures, implemented under this rule, are

designed to achieve the fishing mortality rate goals for GOM cod in

fishing year 1998, and to continue measures which have already achieved

those goals for other critical stocks in order to rebuild stock

biomass. The framework adjustment process allows the Council to monitor

the progress of the plan and make adjustments as necessary to

continually meet the plan goals.

Comment 2: Senators Edward Kennedy (MA), John Kerry (MA), Bob Smith

(NH), and Judd Gregg (NH), Congressmen John Sununu (NH) and John

Tierney (MA), and NH Governor Jeanne Shaheen submitted written comments

urging the Council to consider all options, including those presented

by industry groups, and to select the one that fairly distributes the

impacts of the conservation plan on all groups.

Response: A fishing industry group, the Gulf of Maine Fishermen's

Alliance, submitted a proposal (the Alliance proposal) too late,

pursuant to statutory deadlines, for consideration by the Council as an

option for Framework 25. However, the Alliance proposal will be

considered by the Council in a subsequent framework action. See

response to comment 4.

The Council did select the framework document option that could be

shown to meet the conservation goals of the plan and that distribute

the impacts across vessel categories and geographical areas as

equitably as possible. As noted previously, however, analyses of this

option are considered optimistic in terms of meeting the conservation

goal. Despite this, it is believed that the effect of this action in

combination with current measures will adequately meet the fishing

mortality reductions specified for GOM cod.

The Council recognizes that since GOM cod is concentrated in

inshore waters, measures designed to protect that stock will directly

impact inshore fleets and their associated communities. All of the

options available to the Council would distribute impacts similarly

because of the nature and the distribution of the GOM cod resource. The

rolling 1-month feature that pertains to most of the closed area is

designed to mitigate these impacts.

Comment 3: Several members of the public stated that they felt the

Council failed to give adequate public notice for the framework

meetings.

Response: The public had been informed of the dire need to address

GOM cod on numerous occasions over the past year, e.g, the December

1996 Council meeting when the 1996 MSMC Report was delivered, the July

1997 Council meeting when the results of the 24th SAW were presented,

and in December 1997 when the MSMC released its 1997 report. In

addition, the Groundfish Committee and its Area Closure Subcommittee

have discussed measures to address GOM cod at several public meetings

during that time. The public has also known about the annual review and

adjustment process since it was instituted by Amendment 7 to the

[[Page 15329]]

FMP in 1996. The December 9-11, 1997, Council meeting agenda containing

an announcement of the MSMC report and initial framework meeting was

mailed to approximately 1,650 interested parties on November 19, 1997,

filed for public inspection by the Office of the Federal Register on

November 24, 1998, and published in the Federal Register on November

28, 1997 (62 FR 63309). Also, adequate public notice was given for the

December 15, 1997, Multispecies Committee meeting, and for the final

Council meeting on this action, held January 14-15, 1998.

Comment 4: Approximately 90 individuals signed a petition opposing

the option adopted by the Council in Framework 25. They contended that

an alternative which would have added some offshore grounds to the

rolling closure but which would have not closed any areas year round,

and saying that Option 3 would do a better job of protecting the

resource and the industry. Approximately 80 individuals signed a

petition supporting a new alternative, the Alliance proposal, which was

not available in time for full consideration by the Council for

Framework 25. Numerous individuals also provided oral comment

supporting this alternative at the Council's January 14-15, 1998,

meeting. Massachusetts State Senator Bruce Tarr and State

Representative Tony Verga both urged the Council to consider the

proposal.

Response: Because of statutory deadlines, the Alliance proposal was

submitted too late to be considered fully by the Council for Framework

25, but is currently being considered for a possible follow-up

Framework action. At the time Framework 25 was submitted, the proposal

was in the process of being revised by the Alliance members because it

could not be shown to meet the biological goal. The Council has,

however, given this proposal a high priority for consideration, and

will take appropriate action at the earliest opportunity.

Comment 5: Approximately 15 fishers from Maine signed three letters

to the Council supporting the rolling closures without exceptions for

gears that were purported to not catch cod.

Response: With the exception of certain gear types discussed below,

the Council adopted a rolling closure option which did not allow

exceptions for gears, such as flounder or monkfish gillnets, that are

purportedly able to be fished in a manner that has minimal impact on

cod. The Council rejected these proposed gear exceptions due to

enforcement difficulty resulting from allowing such fishing in an area

closed to other very similar gears. However, vessels fishing in closed

areas with gear deemed not capable of catching regulated species, such

as lobster pots, are exempted and these vessels are prohibited from

possessing regulated species. NMFS concurs in the Council's findings.

Comment 6: Several industry members stated that closing inshore

grounds for extended periods would cause small boat fishers to seek

alternative fishing grounds beyond the safe range of their vessels.

Response: Framework 25 closes inshore areas for 1-month periods

during the spring and summer months. The year-round closure is a narrow

strip several miles offshore. Thus, the immediate inshore grounds

remain open for 11 months of the year. The Council considered safety

and purposefully selected an option that minimizes the closure of

inshore grounds and provides opportunity to fish inshore. The safe

operation of a vessel is the Captain's responsibility. NMFS concurs in

the Council's conclusion.

Comment 7: Several individuals commented in opposition to a

proposal to postpone the mandatory VTS only on vessels fishing in the

GOM.

Response: NMFS concurs with the Council's decision to reject this

proposal in favor of a 1-year postponement extended to all Individual

DAS vessels, not just those fishing in the GOM. See discussion of the

VTS postponement earlier in this document.

Classification

The Assistant Administrator for Fisheries, NOAA 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.

Because prior notice and an opportunity for public comment are not

required to be provided for this rule by 5 U.S.C. 533, or by any other

law, the analytical requirements of the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., are inapplicable. 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. The increased haddock trip limit for 1998 provides economic

opportunity, while the postponement of mandatory VTS for one year

reduces short-term costs to vessels, thereby mitigating impacts of the

FMP without compromising its conservation objectives.

This rule restates information collection requirements subject to

the Paperwork Reduction Act (PRA) that have been approved by the Office

of Management and Budget (OMB) under control number 0648-0202. Call-in

requirements are estimated to take 2 minutes per call, and the

transiting notification is estimated to take 3 minutes per

notification. Send comments regarding any of these burden estimates or

any other aspect of the collection of information, including

suggestions for reducing the burden, to NMFS and to OMB (see

ADDRESSES).

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 PRA unless that collection of information displays a currently

valid OMB control number.

This final rule has been determined to be not significant for the

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: March 25, 1998.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 648 is amended

as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

follows:

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

2. In Sec. 648.10, paragraphs (d) and (f)(3)(i) are revised to read

as follows:

Sec. 648.10 DAS notification requirements.

* * * * *

(d) Temporary authorization for use of the call-in system. The

Regional Administrator may authorize or require, on a temporary basis,

the use of the call-in system of notification specified in paragraph

(c) of this section. If use of the call-in system is authorized or

required, the Regional Administrator shall notify affected permit

holders through a letter, notification in the Federal Register, or

other appropriate means. From May 1, 1998, through April 30, 1999,

multispecies vessels issued an Individual DAS or Combination Vessel

(regarding the

[[Page 15330]]

multispecies fishery) permit are temporarily authorized to use the

call-in system of notification specified in paragraph (c) of this

section.

* * * * *

(f) * * *

(3) * * *

(i) A vessel subject to the cod landing limit restriction specified

in Sec. 648.86(b)(1)(i), that has not exceeded the allowable limit of

cod based on the duration of the trip, must enter port and call-out of

the DAS program no later than 14 DAS after starting a multispecies DAS

trip.

* * * * *

3. In Sec. 648.14, paragraphs (a)(101), (c)(7), (c)(10), (c)(24)

and (c)(25) are revised, paragraphs (a)(105) through (109) are added

and reserved, and paragraph (a)(110) is added to read as follows:

Sec. 648.14 Prohibitions.

(a) * * *

(101) Enter, fail to remove gear from, or be in the areas described

in Sec. 648.81(f)(1) through (i)(1) and in Sec. 648.81(n)(1) during the

time period specified, except as provided in Sec. 648.81(d), (f)(2),

(g)(2), (h)(2), (i)(2) and (n)(2).

* * * * *

(105) [Reserved].

(106) [Reserved].

(107) [Reserved].

(108) [Reserved].

(109) [Reserved].

(110) Fish for, harvest, possess, or land in or from the EEZ, any

of the exempted species specified in Sec. 648.80(a)(8)(i), unless such

species were fished for or harvested by a vessel meeting the

requirements specified in Sec. 648.80(a)(8)(iv).

* * * * *

(c) * * *

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

limits specified under Sec. 648.86(a), (b), and under

Sec. 648.82(b)(3), if the vessel has been issued a limited access

multispecies permit.

* * * * *

(10) Enter, fail to remove sink gillnet gear or gillnet gear

capable of catching multispecies from, or be in the areas, and for the

times, described in Sec. 648.87(a) and (b), except as provided in

Sec. 648.81(d), and (f)(2), and in Sec. 648.87(a)(1)(ii).

* * * * *

(24) Fail to enter port and report the hail weight of cod within 14

DAS after starting a multispecies DAS trip, as specified in

Sec. 648.10(f)(3), if the vessel exceeds the allowable limit of cod

specified in Sec. 648.86(b)(1)(i) and (b)(3)(i), unless the vessel is

fishing under the cod exemption specified in Sec. 648.86(b)(2).

(25) Fail to remain in port for the appropriate time specified in

Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the

vessel complies with Sec. 648.86(b)(4).

* * * * *

4. In Sec. 648.80, paragraphs (a)(5)(i) and (a)(8) are revised to

read as follows:

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

of fishing.

* * * * *

(a) * * *

(5) * * *

(i) The SB/JL Juvenile Protection Area (copies of a chart depicting

the area are available from the Regional Administrator upon request

(see Table 1 to Sec. 600.502)) is defined by straight lines connecting

the following points in the order stated:

Stellwagen Bank Juvenile Protection Area

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

Point N. lat. W. long.

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

SB1.............................. 42 deg.34.0' 70 deg.23.5'

SB2.............................. 42 deg.28.8' 70 deg.39.0'

SB3.............................. 42 deg.18.6' 70 deg.22.5'

SB4.............................. 42 deg.05.5' 70 deg.23.3'

SB5.............................. 42 deg.11.0' 70 deg.04.0'

SB6.............................. 42 deg.15.0' 70 deg.07.4'

SB7.............................. 42 deg.15.0' 70 deg.15.0'

SB8.............................. 42 deg.24.0' 70 deg.15.0'

SB1.............................. 42 deg.34.0' 70 deg.23.5'

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

Jeffreys Ledge Juvenile Protection Area

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

Point N. lat. W. long.

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

JL1.............................. 42 deg.52.0' 70 deg.21.0'

JL2.............................. 42 deg.41.5' 70 deg.32.5'

JL3.............................. 42 deg.34.0' 70 deg.26.2'

JL4.............................. 42 deg.43.1' 70 deg.15.0'

JL5.............................. 42 deg.54.3' 70 deg.15.0'

JL1.............................. 42 deg.52.0' 70 deg.21.0'

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

* * * * *

(8) Small Mesh Area 1/Small Mesh Area 2. (i) Vessels subject to the

minimum mesh size restrictions specified in paragraph (a)(2) of this

section may fish with or possess nets with a mesh size smaller than the

minimum size, provided the vessel complies with the requirements of

paragraph (a)(8)(iv) of this section, from July 15 through November 15

when fishing in Small Mesh Area 1 and from January 1 through June 30

when fishing in Small Mesh Area 2, except as specified in paragraph

(a)(8)(ii) and (a)(8)(iii) of this section. A vessel may not fish for,

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

dogfish, herring, mackerel, ocean pout, scup, squid, silver hake, and

red hake, except for the following allowable incidental species

(bycatch as the term is used elsewhere in this part), with the

restrictions noted: Longhorn sculpin; monkfish and monkfish parts--up

to 10 percent, by weight, of all other species on board; and American

lobster--up to 10 percent, by weight, of all other species on board or

200 lobsters, whichever is less. These areas are defined by straight

lines connecting the following points in the order stated (copies of a

chart depicting these areas are available from the Regional

Administrator upon request (see Table 1 to Sec. 600.502)):

Small Mesh Area 1

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

Point N. lat. W. long.

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

SM1.............................. 43 deg.03' 70 deg.27'

SM2.............................. 42 deg.57' 70 deg.22'

SM3.............................. 42 deg.47' 70 deg.32'

SM4.............................. 42 deg.45' 70 deg.29'

SM5.............................. 42 deg.43' 70 deg.32'

SM6.............................. 42 deg.44' 70 deg.39'

SM7.............................. 42 deg.49' 70 deg.43'

SM8.............................. 42 deg.50' 70 deg.41'

SM9.............................. 42 deg.53' 70 deg.43'

SM10............................. 42 deg.55' 70 deg.40'

SM11............................. 42 deg.59' 70 deg.32'

SM1.............................. 43 deg.03' 70 deg.27'

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

Small Mesh Area 2

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

Point N. lat. W. long.

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

SM13............................. 43 deg.05.6' 69 deg.55.0'

SM14............................. 43 deg.10.1' 69 deg.43.3'

SM15............................. 42 deg.49.5' 69 deg.40.0'

SM16............................. 42 deg.41.5' 69 deg.40.0'

SM17............................. 42 deg.36.6' 69 deg.55.0'

SM13............................. 43 deg.05.6' 69 deg.55.0'

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

(ii) The portion of Small Mesh Area 2 that is north of 43 deg.00.0'

N. lat. shall be closed to all fishing during the period May 1 through

May 31 to coincide with Inshore Closure Area I specified in

Sec. 648.81(g)(1)(iii). Therefore, during the May 1 through May 31 time

period, Small Mesh Area 2 is defined by straight lines connecting the

following points in the order stated:

Small Mesh Area 2

[May 1-May 31]

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

Point N. lat. W. long.

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

SM18............................. 43 deg.00.0' 69 deg.41.6'

SM15............................. 42 deg.49.5' 69 deg.40'

SM16............................. 42 deg.41.5' 69 deg.40'

SM17............................. 42 deg.36.6' 69 deg.55'

SM19............................. 43 deg.00.0' 69 deg.55'

SM18............................. 43 deg.00.0' 69 deg.41.6'

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

[[Page 15331]]

(iii) The portion of Small Mesh Area 2 that is south of

43 deg.00.0' N. lat. shall be closed to all fishing during the period

April 1 through April 30 to coincide with the Inshore Closure Area II

specified in Sec. 648.81(g)(1)(ii). Therefore, during the April 1

through April 30 time period, Small Mesh Area 2 is defined by straight

lines connecting the following points in the order stated:

Small Mesh Area 2

[April 1-April 30]

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

Point N. lat. W. long.

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

SM18............................. 43 deg.00.0' 69 deg.41.6'

SM14............................. 43 deg.10.1' 69 deg.43.3'

SM13............................. 43 deg.05.6' 69 deg.55'

SM19............................. 43 deg.00.0' 69 deg.55'

SM18............................. 43 deg.00.0' 69 deg.41.6'

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

(iv) Raised footrope trawl. Vessels fishing with trawl gear must

configure it in such a way that, when towed, the gear is not in contact

with the ocean bottom. Vessels are presumed to be fishing in such a

manner if their trawl gear is designed as specified in paragraphs

(a)(8)(iv) (A) through (D) of this section and is towed so that it does

not come into contact with the ocean bottom:

(A) Eight inch (20.3 cm) diameter floats must be attached to the

entire length of the headrope with a maximum spacing of 4 feet (12.2

cm) between floats;

(B) The ground gear must all be bare wire not larger than \1/2\-

inch (1.2 cm) for the top leg, not larger than \5/8\-inch (1.6 cm) for

the bottom leg, and not larger than \3/4\-inch (1.9 cm) for the ground

cables. The top and bottom legs must be equal in length with no

extensions. The total length of ground cables and legs must not be

greater than 40 fathoms from the doors to wingends;

(C) The footrope must be longer than the headrope but not more than

20 feet (6.1 m) longer than the length of the headrope; and

(D) The sweep must be rigged so it is behind and below the

footrope, and the footrope is off the bottom. This is accomplished by

having the sweep longer than the footrope and having long dropper

chains attaching the sweep to the footrope at regular intervals. The

forward end of the sweep and footrope must be connected to the bottom

leg at the same point, and in conjunction with the headrope floatation;

this keeps the footrope off the bottom. The sweep and its rigging must

be made entirely of \5/16\ inch (0.8 cm) diameter bare chain. No

wrapping or cookies are allowed on the chain. The total length of the

sweep must be at least 7 feet (2.1 m) longer than the total length of

the footrope, or 3.5 feet (1.1 m) longer on each side. Drop chains must

connect the footrope to the sweep chain and the length of each drop

chain must be at least 42 inches (106.7 cm). One drop chain must be

hung from the center of the footrope to the center of the sweep and one

drop chain must be hung from each corner (the quarter or, the junction

of the bottom wing to the belly at the footrope). The attachment points

of each drop chain on the sweep and the footrope must be the same

distance from the center drop chain attachments. Drop chains must be

hung at 8-foot (2.4 m) intervals from the corners towards the wing

ends. The distance of the drop chain that is nearest the wing end to

the end of the footrope may differ from net to net. However, the sweep

must be at least 3.5 feet (1.1 m) longer than the footrope between the

drop chain closest to the wing ends and the end of the sweep that

attaches to the wing end.

* * * * *

5. In Sec. 648.81, paragraphs (d), (g), (h) and (i) are revised,

and paragraph (n) is added to read as follows:

Sec. 648.81 Closed areas.

* * * * *

(d) Transiting. Vessels may transit Closed Area I, the Nantucket

Lightship Closed Area, the NE Closure Area, the GOM Inshore Closure

Areas, the Cashes Ledge Closure Area, and the Western GOM Closure Area,

as defined in paragraphs (a)(1), (c)(1), (f)(1), (g)(1), (h)(1), and

(i)(1), respectively, of this section, provided that their gear is

stowed in accordance with the provisions of paragraph (e) of this

section.

* * * * *

(g) GOM Inshore Closure Areas. (1) From May 1, 1998, through April

30, 2001, no fishing vessel or person on a fishing vessel may enter,

fish in, or be in, and no fishing gear capable of catching

multispecies, unless otherwise allowed in this part, may be in, or on

board a vessel in, the GOM Inshore Closure Areas I through IV, as

described in paragraphs (g)(1)(i) through (iv) of this section, for the

times specified in those paragraphs, except as specified in paragraphs

(d) and (g)(2) of this section (a chart depicting these areas is

available from the Regional Administrator upon request (see Table 1 to

Sec. 600.502)).

(i) Inshore Closure Area I. From March 1 through March 31, the

restrictions specified in paragraph (g)(1) of this section apply to

Inshore Closure Area I apply to Inshore Closure Area III, which is the

area bounded by straight lines connecting the following points in the

order stated:

Inshore Closure Area I

[March 1-March 31]

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

Point N. lat. W. long.

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

GM1.............................. 42 deg.00' (\1\)

GM2.............................. 42 deg.00' (\2\)

GM3.............................. 42 deg.00' (\3\)

GM4.............................. 42 deg.00' 70 deg.00'

GM5.............................. 42 deg.30' 70 deg.00'

GM6.............................. 42 deg.30' (\1\)

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

\1\ Massachusetts shoreline.

\2\ Cape Cod shoreline on Cape Cod Bay.

\3\ Cape Cod shoreline on the Atlantic Ocean.

(ii) Inshore Closure Area II. From April 1 through April 30, the

restrictions specified in paragraph (g)(1) of this section apply to

Inshore Closure Area II, which is the area bounded by straight lines

connecting the following points in the order stated:

Inshore Closure Area II

[April 1-April 30]

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

Point N. lat. W. long.

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

GM6.............................. 42 deg.30' (\1\)

GM7.............................. 42 deg.30' 69 deg.30'

GM8.............................. 43 deg.00' 69 deg.30'

GM9.............................. 43 deg.00' (\2\)

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

\1\ Massachusetts shoreline.

\2\ New Hampshire shoreline.

(iii) Inshore Closure Area III. From May 1 through May 31, the

restrictions specified in paragraph (g)(1) of this section apply to

Inshore Closure Area III, which is the area bounded by straight lines

connecting the following points in the order stated:

Inshore Closure Area III

[May 1-May 31]

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

Point N. lat. W. long.

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

GM9.............................. 43 deg.00' (\1\)

GM8.............................. 43 deg.00' 69 deg.30'

GM10............................. 43 deg.30' 69 deg.30'

GM11............................. 43 deg.30' (\2\)

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

\1\ New Hampshire shoreline.

\2\ Maine shoreline.

(iv) Inshore Closure Area IV. From June 1 through June 30, the

restrictions specified in paragraph (g)(1) of this section apply to

Inshore Closure Area IV (copies of a chart depicting this area are

available from the Regional Administrator upon request (see Table 1 to

Sec. 600.502)), which is the area bounded by straight lines connecting

the following points in the order stated:

[[Page 15332]]

Inshore Closure Area IV

[June 1-June 30]

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

Point N. lat. W. long.

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

GM11............................. 43 deg.30' (\1\)

GM12............................. 43 deg.30' 69 deg.00'

GM13............................. (\1\) 69 deg.00'

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

\1\ Maine shoreline.

(2) Paragraph (g)(1) of this section does not apply to persons on

fishing vessels or fishing vessels that meet the criteria in paragraph

(f)(2)(i), (ii), or (iii) of this section.

(h) Cashes Ledge Closure Area. (1) From May 1, 1998, through April

30, 2001, during the period June 1 through June 30, no fishing vessel

or person on a fishing vessel may enter, fish, or be in, and no fishing

gear capable of catching NE multispecies, unless otherwise allowed in

this part, may be in, or on board a vessel in, the area known as the

Cashes Ledge Closure Area (a chart depicting this area is available

from the Regional Administrator upon request (see Table 1 to

Sec. 600.502)), as defined by straight lines connecting the following

points in the order stated, except as specified in paragraphs (d) and

(h)(2) of this section:

Cashes Ledge Closure Area

[June 1-June 30]

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

Point N. lat. W. long.

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

GM14............................. 42 deg.30' 69 deg.00'

GM15............................. 42 deg.30' 68 deg.30'

GM16............................. 43 deg.00' 68 deg.30'

GM17............................. 43 deg.00' 69 deg.00'

GM14............................. 42 deg.30' 69 deg.00'

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

(2) Paragraph (h)(1) of this section does not apply to persons on

fishing vessels or fishing vessels that meet the criteria in paragraph

(f)(2)(ii), or (iii) of this section.

(i) Western GOM Area Closure. (1) From May 1, 1998, through April

30, 2001, no fishing vessel or person on a fishing vessel may enter,

fish in, or be in, and no fishing gear capable of catching

multispecies, unless otherwise allowed in this part, may be in, or on

board a vessel in, the area known as the Western GOM Area Closure (a

chart depicting this area is available from the Regional Administrator

upon request (see Table 1 to Sec. 600.502)), as defined by straight

lines connecting the following points in the order stated, except as

specified in paragraphs (d) and (i)(2) of this section:

Western GOM Area Closure

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

Point N. lat. W. long.

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

WGM1............................. 42 deg.15' 70 deg.15'

WGM2............................. 42 deg.15' 69 deg.55'

WGM3............................. 43 deg.15' 69 deg.55'

WGM4............................. 43 deg.15' 70 deg.15'

WGM1............................. 42 deg.15' 70 deg.15'

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

(2) Paragraph (i)(1) of this section does not apply to persons on

fishing vessels or fishing vessels that meet the criteria in paragraph

(f)(2)(ii), or (iii) of this section.

* * * * *

(n) Area closures beginning May 1, 2001. (1) No fishing vessel or

person on a fishing vessel may enter, fish, or be in, and no fishing

gear capable of catching NE multispecies, unless otherwise allowed in

this part, may be in, or on board a vessel in, the area known as the

Mid-coast Closure Area, as described in Sec. 648.87(a)(1), during the

period May 10 through May 30, or in the area known as the Massachusetts

Bay Closure Area, as described in Sec. 648.87(a)(3), during the period

March 1 through March 30, (copies of a chart depicting these areas is

available from the Regional Administrator upon request (see Table 1 to

Sec. 600.502)), except as specified in paragraphs (d) and (n)(2) of

this section.

(2) Paragraph (n)(1) of this section does not apply to persons on

fishing vessels or fishing vessels that meet the criteria in paragraph

(f)(2)(i), (ii), or (iii) of this section.

6. In Sec. 648.86, paragraphs (a)(1)(i), (a)(1)(ii), (b)

introductory text, (b)(1) introductory text, (b)(1)(i), (b)(1)(ii), and

(b)(3) are revised, and paragraphs (a)(1)(iii) and (b)(4) are added to

read as follows:

Sec. 648.86 Possession restrictions.

(a) * * *

(1) * * *

(i) Except as provided in paragraphs (a)(1)(ii) and (iii) 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) During the period May 1, 1998, through August 31, 1998, a

vessel may land up to 1,000 lb (453.6 kg) of haddock per DAS fished, or

any part of a DAS fished, up to 10,000 lb (4,536.0 kg) per trip.

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.

(iii) Beginning September 1, 1998, through April 30, 1999, unless

otherwise specified in this paragraph, a vessel may land up to 3,000 lb

(1,360.8 kg) of haddock per DAS fished, or any part of a DAS fished, up

to 30,000 lb (13,608 kg) per trip. When the Regional Administrator

projects that 7.9 million lb (3,598 mt) will be harvested, NMFS will

publish a notification in the Federal Register that on a specific date

the limit will be reduced to either the 1,000 lb (453.6 kg) per trip

possession limit restriction specified in paragraph (a)(1)(i) of this

section, or the 1,000 lb (453.6 kg) per DAS fished, 10,000 lb (4,536.0

kg) maximum, landing limit restriction specified in paragraph

(a)(1)(ii) of this section, depending on the risk of exceeding the

target TAC. 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.

* * * * *

(b) Cod--(1) Landing limit from May 1, 1998, through April 30,

2001. (i) Except as provided in paragraph (b)(1)(ii) and (b)(2) of this

section, and subject to the cod landing limit call-in provision

specified at Sec. 648.10(f)(3)(i), a vessel fishing under a NE

multispecies DAS may land up to 700 lb (317.5 kg) of cod per DAS, or

any part of a DAS, unless otherwise specified in this paragraph.

Vessels calling-out of the multispecies DAS program under

Sec. 648.10(c)(3) that have utilized part of a DAS (less than 24 hours)

may land up to an additional 700 lb (317.5 kg) of cod for that part of

a DAS; 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 DAS 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 1,400 lb (635.0 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)). When the Regional Administrator

projects that 892 mt will be harvested, NMFS will publish a

notification in the Federal Register that on a specific date the limit

will be reduced to a specified amount between 400 lb (181.4 kg) and 700

lb (317.5 kg) per DAS depending on the risk of exceeding the target

TAC. 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

[[Page 15333]]

paragraphs (b)(1)(i) and (b)(1)(3) of this section, and subject to the

cod landing limit call-in provision specified at Sec. 648.10(f)(3)(ii),

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:

* * * * *

(3) Landing limit beginning May 1, 2001. (i) Except as provided in

paragraphs (b)(1)(ii) and (b)(2) of this section, and subject to the

cod landing limit call-in provision specified at Sec. 648.10(f)(3)(i),

a vessel fishing under a NE multispecies DAS may land up to 1,000 lb

(453.6 kg) of cod per DAS, or any part of a DAS, for each of the first

4 DAS of a trip, and may land up to 1,500 lb (680.4 kg) of cod per DAS

for each DAS, or any part of a DAS, in excess of 4 consecutive DAS.

Vessels calling-out of the multispecies DAS program under

Sec. 648.10(c)(3) that have utilized part of a DAS (less than 24 hours)

may land up to an additional 1,000 lb (453.6 kg), or 1,500 lb (680.4

kg) if applicable, of cod for that part of a DAS; 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 DAS 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) [Reserved].

(4) Transiting. A vessel that has exceeded the cod landing limit as

specified in paragraphs (b)(1) and (b)(3) of this section and is,

therefore, subject to remain in port for the period of time described

in paragraph (b)(1)(ii)(A) of this section, may transit to another port

during this time, provided that the vessel operator notifies the

Regional Administrator (see Table 1 to Sec. 600.502) either at the time

the vessel reports its hailed weight of cod or at a later time prior to

transiting, and provides the following information: Vessel name and

permit number, destination port, time of departure, and estimated time

of arrival. A vessel transiting under this provision must stow its gear

in accordance with one of the methods specified in Sec. 648.81(e), and

may not have any fish on board the vessel.

* * * * *

7. In Sec. 648.87, paragraph (a) introductory text, and paragraphs

(a)(1)(i) and (a)(1)(ii) are revised, and paragraph (a)(3) is added to

read as follows:

Sec. 648.87 Gillnet requirements to reduce or prevent marine mammal

takes.

(a) Areas closed to gillnet gear capable of catching multispecies

to reduce harbor porpoise takes. Section 648.81(f) sets forth a closed

area restriction to reduce the take of harbor porpoise consistent with

the harbor porpoise mortality reduction goals. Further, all persons

owning or operating vessels in the EEZ portion of the areas and times

specified in paragraphs (a)(1), (2) and (3) of this section must remove

all of their sink gillnet gear and other gillnet gear capable of

catching multispecies, with the exception of single pelagic gillnets

(as described in Sec. 648.81(f)(2)(ii)), and may not use, set, haul

back, fish with, or possess on board, unless stowed in accordance with

the requirements of Sec. 648.81(e)(4), sink gillnet gear or other

gillnet gear capable of catching multispecies, with the exception of

single pelagic gillnet gear (as described in Sec. 648.81(f)(2)(ii)) in

the EEZ portion of the areas and for the times specified in paragraphs

(a)(1), (2) and (3) of this section. Also, all persons owning or

operating vessels issued a limited access multispecies permit must

remove all of their sink gillnet gear and other gillnet gear capable of

catching multispecies, with the exception of single pelagic gillnets

(as described in Sec. 648.81(f)(2)(ii)), from the areas and for the

times specified in paragraphs (a)(1), (2) and (3) of this section, and,

may not use, set, haul back, fish with, or possess on board, unless

stowed in accordance with the requirements of Sec. 648.81(e)(4), sink

gillnets or other gillnet gear capable of catching multispecies, with

the exception of single pelagic gillnets (as described in

Sec. 648.81(f)(2)(ii)) in the areas and for the times specified in

paragraphs (a)(1), (2) and (3) of this section.

(1) * * *

(i) From March 25 through April 25, May 10 through May 30, and from

September 15 through December 31 of each fishing year, the restrictions

and requirements specified in paragraph (a) of this section apply to

the Mid-coast Closure Area (copies of a chart depicting this area are

available from the Regional Administrator upon request), except as

provided in paragraph (a)(1)(ii) of this section, which is the area

bounded by straight lines connecting the following points in the order

stated.

Mid-Coast Closure Area

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

Point N. lat. W. long.

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

MC1.............................. 42 deg.30' (\1\)'

MC2.............................. 42 deg.30' 70 deg.15'

MC3.............................. 42 deg.40' 70 deg.15'

MC4.............................. 42 deg.40' 70 deg.00'

MC5.............................. 43 deg.00' 70 deg.00'

MC6.............................. 43 deg.00' 69 deg.30'

MC7.............................. 43 deg.15' 69 deg.30'

MC8.............................. 43 deg.15' 69 deg.00'

MC9.............................. (\2\) 69 deg.00'

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

\1\ Massachusetts shoreline.

\2\ Maine shoreline.

(ii) Vessels subject to the restrictions and regulations specified

in paragraph (a) of this section may fish in the Mid-coast Closure

Area, as defined under paragraph (a)(1)(i) of this section, from

November 1 through December 31 of each fishing year, provided that an

acoustic deterrent device (``pinger'') is attached at the end of each

string of nets and at the bridle of every net within a string of nets,

and is maintained as operational and functioning. Each pinger, when

immersed in water, must broadcast a 10kHz +/-2kHz sound at 132 dB +/

-4dB re 1 micropascal at 1 m. This sound must last 300 milliseconds and

repeat every 4 seconds.

* * * * *

(3) Massachusetts Bay Closure Area. From March 1 through March 30,

the restrictions and requirements specified in paragraph (a) of this

section apply to the Massachusetts Bay Closure Area (copies of a chart

depicting this area are available from the Regional Administrator upon

request (see Table 1 to Sec. 600.502)), which is the area bounded by

straight lines connecting the following points in the order stated.

Massachusetts Bay Closure Area

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

Point N. lat. W. long.

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

MB1.............................. 42 deg.30' (\1\)

MB2.............................. 42 deg.30' 70 deg.30'

MB3.............................. 42 deg.12' 70 deg.30'

MB4.............................. 42 deg.12' 70 deg.00'

MB5.............................. (\2\) 70 deg.00'

MB6.............................. 42 deg.00' (\2\)

MB7.............................. 42 deg.00' (\1\)

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

\1\ Massachusetts shoreline.

\2\ Cape Cod shoreline.

* * * * *

[FR Doc. 98-8288 Filed 3-30-98; 8:45 am]

BILLING CODE 3510-22-P