Northeast Multispecies Fishery; Amendment 9 to the Northeast Multispecies Fishery Management Plan

Federal RegisterMar 23, 1999

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990226056-9056-01; I.D. 122498C]

RIN 0648-AL31

Northeast Multispecies Fishery; Amendment 9 to the Northeast

Multispecies Fishery Management Plan

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 9 to the

Northeast Multispecies Fishery Management Plan (FMP). This amendment

would add Atlantic halibut to the species managed under the Northeast

Multispecies FMP, implement measures to rebuild halibut and stocks of

winter flounder, and implement new or revised overfishing definitions

and revised specifications of optimum yield for 12 groundfish species.

This rule proposes: The addition of Atlantic halibut to the species

managed under the Northeast Multispecies FMP and a one-fish halibut

possession limit with a minimum size of 36 inches (66 cm); an increase

of one inch in the minimum size of winter flounder; postponement of the

Vessel Monitoring System (VMS) requirement beyond May 1, 1999; a

modification of the framework process to allow for aquaculture projects

and changes to the overfishing definitions; and a prohibition of brush-

sweep trawl gear when fishing for multispecies. The intent of Amendment

9 is to eliminate overfishing and rebuild many of the groundfish

stocks.

DATES: Comments are invited through May 3, 1999.

ADDRESSES: Comments on proposed Amendment 9 to the FMP, and its

supporting documents should be sent to Jon C. Rittgers, Acting Regional

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

Gloucester, MA 01930. Mark the outside of the envelope ``Comments on

Multispecies Plan.''

Comments regarding the collection-of-information requirements

contained in this proposed rule should be sent to the Acting Regional

Administrator and to the Office of Information and Regulatory Affairs,

Office of Management and Budget, Washington, DC 20503 (Attention: NOAA

Desk Officer).

[[Page 13953]]

Copies of proposed Amendment 9, its Regulatory Impact Review, and

the Final Environmental Assessment are available from Paul J. Howard,

Executive Director, New England Fishery Management Council, Suntaug

Office Park, 5 Broadway (U.S. Route 1), Saugus, MA 01906-1097.

Copies of the Initial Regulatory Flexibility Analysis (IRFA) are

available from the Jon C. Rittgers, Acting Regional Administrator,

NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA

01930. Comments regarding the IRFA should be sent to the Acting

Regional Administrator.

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

Analyst, 978-281-9252.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council

(Council) developed Amendment 9 primarily to address the new

requirements of the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act), as amended by the Sustainable

Fisheries Act (SFA) on October 11, 1996. NMFS published a notice of

availability for Amendment 9 in the Federal Register on January 5, 1999

(64 FR 471), soliciting public comments on the amendment through March

8, 1999. All comments received by the end of that comment period on the

proposed amendment, whether specifically directed to the amendment or

to this proposed rule, will be considered in the approval/disapproval

decision on the amendment. Public comments must have been received (not

postmarked or otherwise transmitted, including faxes) by the close of

business on March 8, 1999, to be considered in the approval/disapproval

decision. Comments received after March 8, 1999, but before the end of

the comment period for this proposed rule (May 3, 1999), will not be

considered in the approval/disapproval decision of the amendment, but

will be addressed in the final rule.

In February 1998, the Multispecies Plan Development Team (PDT) met

to review the new SFA requirements and the list of overfished

groundfish stocks submitted in NMFS' September 1997 ``Report to

Congress,'' to develop recommendations for the Council on the required

reductions to stop overfishing. Referring to the December 1997 Report

of the Multispecies Monitoring Committee as its primary source of

information, the PDT noted that overall nominal effort and exploitation

rates had declined for all the stocks identified in this amendment as

overfished except halibut. The PDT commented that this was primarily

due to measures implemented under Amendment 5 (59 FR 9872, March 1,

1994) and Amendment 7 (61 FR 27710, July 1, 1996) to the FMP. The PDT

also commented that additional reductions proposed to take effect under

the May 1998 annual adjustment, Framework Adjustment 25 (63 FR 15326),

would likely result in further declines.

Amendment 7 (61 FR 27710) established a procedure for setting

annual target total allowable catch (TAC) levels for specific cod,

haddock, and yellowtail flounder stocks, and an aggregate TAC for the

combined stocks of the other regulated species. Under this annual

framework adjustment process, TAC levels are set to attain a fishing

mortality rate that allows the principal stocks to rebuild to minimum

biomass thresholds over time, and to maintain current potential yield

for the other regulated species. Although the intent of the management

program established under Amendment 7 is to rebuild stocks of cod,

haddock, and yellowtail flounder, other multispecies stocks benefit

from measures imposed as well. Except for Georges Bank haddock,

rebuilding to the Amendment 7 thresholds was expected to take 10 years

or less. Georges Bank haddock had a 50-percent probability of being

rebuilt within 12 years. Because this annual adjustment provides a

process to review new information, either through assessments or trawl

surveys and landings data, it ensures a safety mechanism against

increases in effort. Therefore, based on measures currently in place

and the assurance of an annual adjustment process to address any new

information, the PDT recommended that additional measures to reduce

fishing mortality rates were not needed at this time.

Due to insufficient information, the PDT was unable to determine

the status of the halibut stock, but noted that it was severely

depleted by historical standards. Given this, the PDT's recommendation

to the Council was to reduce fishing mortality for halibut to as close

to zero as possible. This rule would implement a one-fish possession

limit and set a minimum fish size of 36 inches (66 cm). This limit is

intended to stop directed fishing on halibut without requiring wasteful

discarding of vessels that incidentally catch an occasional halibut.

Early in the development of Amendment 9, the Council adopted the

Atlantic States Marine Fisheries Commission's (ASMFC's) more

restrictive rebuilding goal for winter flounder (F40%

!as compared with the current overfishing definition in the FMP

of F20%). At its meeting, the PDT reviewed the

ASMFC's most recent winter flounder assessment and, although this

information was preliminary, the PDT noted that, if ASMFC's more

restrictive management objective is to be met, additional measures were

likely needed for the Southern New England/Mid-Atlantic winter flounder

stock. To help achieve this goal, this rule proposes a 13-inch (33 cm)

minimum fish size for winter flounder.

Because of the significant revisions to National Standard 1, the

Council, with the Mid-Atlantic Fishery Management Council, convened an

Overfishing Definition Review Panel to review existing overfishing

definitions for compliance with the new SFA requirements. At its June

24-25, 1998, meeting, the Council adopted the Review Panel's

recommendations, including control rules that specify a fishing

mortality strategy to promote rebuilding. Amendment 9 would implement

new and revised overfishing definitions for stocks of cod, haddock,

pollock, redfish, white hake, yellowtail flounder, windowpane flounder,

winter flounder, American plaice, witch flounder, Atlantic halibut, and

ocean pout. It is the intent of the Council to address the established

control rules during the annual framework adjustment process.

Measures of Concern

NMFS specifically invites public comment on the proposed indefinite

postponement of the mandatory use of VMS by multispecies vessels that

possess an individual days-at-sea (DAS) allocation permit (Individual

DAS, Large Mesh Individual DAS, and Combination Vessel (for

multispecies only) permit categories). The mandatory use of VMS by

individual DAS vessels was originally implemented under Amendment 5.

However, at that time, the Administrator, Northeast Region, NMFS

(Regional Administrator) authorized the alternative call-in system as

the method of notification for these vessels, until the VMS was

determined to be operable. Although the operational date was determined

as the beginning of the 1998 fishing year, a measure implemented under

the May 1998 annual adjustment (Framework Adjustment 25) postponed

mandatory usage for an additional year to provide time for the Council

to address comments and issues raised by members of the public. The

Council proposed an indefinite postponement of VMS implementation under

this action because it believed that more time was needed to resolve

several outstanding issues and questions raised by the

[[Page 13954]]

public. A major concern identified is equity among permit categories.

With the layover requirement for Fleet DAS vessels eliminated under

Amendment 7, the Council believes that DAS permit categories have

become less distinguishable and questions why individual DAS vessels

are subjected to a VMS requirement, while other DAS permitted vessels

are not. While the original (Amendment 5) application of the VMS was

solely to track DAS on individual DAS vessels, the Council also

considers VMS to be a useful device to monitor area location based on

experience with prior implementation of the VMS requirement in the

Atlantic sea scallop fishery and on an experimental basis in the

Northeast Multispecies fishery. The Council believes that limiting VMS

to just individual DAS vessels (a category representing only a small

proportion of the overall DAS vessels) compromises this monitoring

tool. Other issues raised consist of general cost uncertainties for

several issues associated with VMS, including cost control issues

inherent with only one certified vendor (as is currently the case),

efficacy of VMS hourly tracking (as opposed to recording DAS usage by

minute), especially regarding per-day trip limits and enforcing closed

areas or transit provisions, and the inability of some vessels to

continuously run their VMS units.

Although removal of the fleet DAS lay-over requirement in Amendment

7 did remove one principal difference between Fleet and Individual DAS

vessels, a major distinction between the two permitted vessel

categories remains, and that is the fact that Individual DAS vessels

tend to fish their DAS at a much higher rate, on average, than do Fleet

DAS vessels. For example, of the vessels that called into the DAS

program in fishing years 1996 and 1997, Individual DAS category vessels

fished approximately 86 percent and 84 percent of their DAS,

respectively, while Fleet DAS vessels fished roughly 27 percent and 42

percent, respectively. Furthermore, NMFS believes that the Council has

had ample time to address the public's issues of concern. For these

reasons, NMFS is considering disapproving VMS postponement for vessels

that have an individual DAS allocation and, therefore, is seeking

specific comment on this issue.

Other Measures

For Atlantic halibut, Amendment 9 proposes to include Atlantic

halibut in the Northeast Multispecies fishery management unit. This

proposed rule would establish a one-fish possession limit for

commercial and recreational vessels and sets a minimum fish size of 36

inches (66 cm). Because halibut would be included under the NE

Multispecies FMP, commercial and charter/party vessels would be

required to possess an appropriate open access multispecies permit. As

is the case for other groundfish species, non-charter/party

recreational vessels would not be required to possess a permit and

would be prohibited from selling their catch. To facilitate collection

of additional information on halibut, NMFS would request multispecies

permitted vessels to voluntarily include on their mandatory Vessel Trip

Reports the estimated length and time of day for each halibut caught,

whether or not the fish are retained.

For winter flounder, this proposed rule would increase the minimum

fish size from 12 inches (30.5 cm) to 13 inches (33.0 cm) for both

commercial and recreational vessels. The intent of this measure is to

increase the age at which winter flounder are first captured. Industry

members have commented that southern winter flounder are generally

smaller than in the north and that an increased fish size would create

regulatory discards. Under the current regulations, net vessels fishing

for regulated multispecies are required to fish with a minimum mesh

size of either 6-inch (15.24-cm) diamond or 6-inch (15.24-cm) square

mesh nets, or, when fishing in the Mid-Atlantic Regulated Mesh Area,

5\1/2\-inch (13.97-cm) diamond or 6-inch (15.24-cm) square mesh nets.

Many fishers acknowledge that, when fishing for flounders, they fish

with nets of 6-inch (15.24-cm) square mesh. In proposing this measure,

the Council believes, and NMFS agrees, that an increased winter

flounder minimum fish size provides an incentive for industry to fish

with diamond mesh rather than square mesh, since diamond mesh releases

a higher proportion of juvenile and sub-legal sized flatfish. It also

would reduce any incentive for using net liners. Since it takes

approximately 9 months for southern winter flounder to grow one inch,

increasing the minimum fish size would create a short-term economic

loss in this area. However, NMFS anticipates that within one year

increased yield per recruit and a likely higher price per pound would

offset any short term losses.

This proposed rule would prohibit the use of brush-sweep trawl

gear, also known as ``streetsweeper'' gear, by vessels fishing for or

possessing multispecies finfish. A relatively new gear modification,

brush-sweep trawl gear consists of rubber discs and bristle brushes

that modify the footrope in such a way to make it lighter and more

flexible than conventional rockhopper and roller gear. Unlike

conventional modifications to the gear, brush-sweeps bring the entire

trawl sweep in contact with the ocean floor and, thus, greatly improve

the efficiency of the trawl. Users of this gear modification comment

that efficiency is realized because their nets ``hang-up'' less and,

therefore, require less repair, saving time. Time conserved in the

multispecies fishery compromises the effectiveness of the DAS reduction

program. By allowing this gear to continue, additional management

measures would be needed to ensure that the FMP remains conservation

neutral. Therefore, because of this compromised effectiveness, and the

concern expressed by industry that this gear modification would only

escalate, this rule proposes to prohibit the brush sweep gear

modification as a precautionary step. The Council has suggested that it

may consider lifting this prohibition in the future if it can be proven

that this gear does not significantly increase catch per unit effort or

overall efficiency as compared with other gear modifications.

This proposed rule would modify the current framework adjustment

process by allowing expedited rulemaking for aquaculture projects and

changes to the multispecies overfishing definitions. For aquaculture

projects, this measure would allow the Council to make recommendations

on adjustments or additions to management measures from one or more of

the following categories: minimum fish sizes, gear restrictions,

minimum mesh sizes, possession limits, tagging requirements, monitoring

and reporting requirements, permit restrictions, area closures,

establishment of special management zones, and any other management

measure currently included in the FMP. This measure would also allow

the Council to modify overfishing definitions through the framework

adjustment process as new scientific information becomes available

warranting such a revision.

Classification

At this time, NMFS has not determined that the amendment that this

rule would implement is consistent with the national standards of the

Magnuson-Stevens Act and other applicable laws. NMFS, in making that

determination, will take into account the data, views, and comments

received during the comment period.

The Office of Management and Budget has determined that this rule

is significant for the purposes of E.O. 12866.

[[Page 13955]]

NMFS prepared an IRFA for this proposed rule, pursuant to 5 U.S.C.

603, without regard to whether the proposal would have a significant

impact on a substantial number of small entities. Measures analyzed in

the IRFA include the brush-sweep trawl gear prohibition, the one-fish

halibut possession limit, and the winter flounder fish size increase.

The following is a brief discussion of the measures analyzed in the

IRFA.

Amendment 9 would prohibit possessing brush-sweep trawl gear while

in the possession of NE multispecies and fishing for, landing, or

possessing NE multispecies harvested with brush-sweep trawl gear unless

the vessel has not been issued a multispecies permit and fishes for NE

multispecies exclusively in state waters. The cost of the brush-sweep

trawl gear is estimated to be between $8,000 and $15,000, depending on

the individual vessel. Excessive wear and tear on the gear requires

that it be replaced often. The overall cost to vessels impacted by this

action would be based on the loss of the use of the gear which, when

utilized, wears out in a few months to a year. The potential universe

of vessels that could be impacted by the brush-sweep trawl gear

prohibition is approximately 900 vessels, i.e., the number of permit

holders based on NMFS Regional Office database that fish for

multispecies with otter trawl gear. Therefore, the one-time cost to the

industry would likely be between $7.2 million (900 x $8,000) and $13.5

million (900 x $15,000) since there are approximately 900 vessels that

fish for multispecies with otter trawl gear. This assumes that all 900

vessels are currently using brush sweep gear. NMFS is seeking

information on the number of vessels fishing with brush sweep trawl

gear.

A one-fish halibut possession limit with a minimum fish size of 36

inches is also proposed. Commercial vessels wishing to retain a halibut

under this possession and size limit would be required to obtain a

multispecies permit. The economic costs associated with the proposed

halibut restrictions include lost revenues from restricted or

prohibited landings, as well as the added costs of enforcing new

regulations and administering the new open-access permits. For years

1996 and 1997, Vessel Trip Reports indicate that 134 and 139 vessels,

respectively, reported landing halibut. Based on recent landings data

reported to NMFS, halibut landings have averaged less than 50,000

pounds, and more recently have declined from 31,542 pounds in 1996 to

17,078 pounds in 1997. Annual landings per vessel averaged 235 pounds

in 1996 and 123 pounds in 1997. Annual revenues per vessel during this

time averaged $1,059 and $553, respectively. The total exvessel revenue

from halibut was $141,906 (134 x $1,059) in 1996 and $76,867

(139 x $553) in 1997.

The number of vessels affected by the proposed one-fish halibut

possession limit may amount to 1,050 vessels based on the number of

permitted vessels in the multispecies fishery. This number includes

active limited access multispecies permit holders (1,000) combined with

a subset of one-half the estimated 100 active participants in the

directed halibut fishery that do not possess a Federal fisheries

permit. Active vessels (those that reported landings of halibut in

recent years) are estimated to be only those vessels that caught at

least one halibut (134-139 vessels) in 1996 or 1997.

An increase in the minimum fish size for winter flounder to 13

inches from the current minimum size of 12 inches for both commercial

and recreational fishing vessels is proposed in Amendment 9. For the

commercial fishery, economic impacts of increasing the winter flounder

fish size involve revenue loss from prohibiting landings of fish that

are between 12 and 13 inches and revenue gains from the increased yield

per recruit and price per pound for higher market category once 12-inch

fish grow to 13 inches and above.

The NMFS data show 1997 winter flounder landings, including all

sizes of fish, approximately 11.7 million pounds, or 14 percent of the

total regulated species landings. Exvessel revenues of winter flounder

during this period amounted to $15.6 million (8.5 percent) of the total

exvessel revenues ($183.5 million) from all species for vessels that

landed winter flounder. Although some fishers have commented that fish

in the 12-13 inch size range accounted for up to 30-40 percent of their

winter flounder catch, many other fishers have reported that very few

fish in the 12-13 inch range are retained by nets unless the vessel is

fishing with nets that are less than the minimum regulated mesh size.

Landings reports from the New Bedford, MA auction indicate that 12 inch

fish make up less than 10 percent of winter flounder sold in this port.

Assuming that 30-40 percent of winter flounder landed were in the 12-13

inch size range, the decrease in exvessel revenue would likely be

between 2.6 percent ($4.68 million of $183.5 million) and 3.4 percent

($6.24 million of $183.5 million) in the first year for all vessels

that reported landings of winter flounder.

Compliance costs associated with increasing the minimum winter

flounder fish size would result from the cost of modifying trawl

codends to reduce the bycatch of 12-inch fish. However, because codends

are expandable and replaced often due to constant wear and tear, annual

costs associated with this measure would be part of normal gear

replacement cost.

Approximately 1,650 vessels have limited access permits and could

land winter flounder regardless of whether it was the target species.

Based on the NMFS 1997 landings data, 971 of the active multispecies

vessels landed winter flounder. On average, gross revenue per vessel

would likely be reduced between $4,820 and $6,430 in the first year,

assuming uniform landings across vessels. Otter trawl vessels accounted

for the majority of the landings (64 percent), followed by gillnet

vessels (18 percent). Thus, otter trawl vessels could lose between $3.0

million and $4.0 million in the first year. Gillnet vessels could lose

between $0.8 million and $1.1 million in the first year.

NMFS seeks comments regarding the IRFA. In particular, NMFS is

seeking information on the number of vessels using brush sweep trawl

gear, the number of vessels currently fishing for halibut, and the

number of vessels impacted by the increase in the winter flounder fish

size. Copies of the IRFA are available (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 Paperwork Reduction Act (PRA) unless that collection of information

displays a currently valid OMB control number.

This rule contains information collection requirements subject to

the PRA and which require OMB approval. The rule restates requirements

concerning the installation of a vessel tracking system, documentation

of installation of a vessel tracking system, declarations of a vessel

being in or out of a fishery, and call-in systems. The requirement for

installation of vessel tracking systems has been approved by OMB under

control number 0648-0307, with an estimated response time of 1 hour.

The other requirements have been approved by OMB under control number

0648-0202, with an estimated response time of 2 minutes for each

requirement.

The contents of this rule also affect two other information

collection

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requirements. The requirement that a vessel must have a NE multispecies

permit in order to land or possess one halibut will subject additional

persons to the existing permit requirement approved under OMB number

0648-0202. Those persons who are newly subject to the permit

requirement will also automatically be subject to the requirement that

permit holders submit Vessel Trip Reports, a requirement which has been

approved under OMB number 0648-0212. Requests have been submitted to

OMB for the expanded coverage of these requirements. The estimated

response time for these requirements is 35 minutes for the permit and 5

minutes per day for the logbook entries beyond those made in vessel

logbooks as part of normal fishing operations.

The estimated response times include 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

this 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 in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: March 18, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons stated in the preamble, NMFS proposes to amend 50

CFR part 648 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. 648.2, the definitions for ``Nonregulated multispecies''

and ``Northeast (NE) multispecies or multispecies'' are revised and the

definition for ``Brush sweep trawl gear'' is added to read as follows:

Sec. 648.2 Definitions.

* * * * *

Brush-sweep trawl gear means trawl gear consisting of alternating

roller discs and bristle brushes that are strung along cables, chains,

or footropes, and aligned together to form the sweep of the trawl net,

designed to allow the trawl sweep to maintain contact with the ocean

floor, or any modification to trawl gear that is substantially similar

in design or effect.

* * * * *

Nonregulated multispecies means the subset of Northeast

multispecies that includes silver hake, red hake, ocean pout, and

Atlantic halibut.

Northeast (NE) multispecies or multispecies means the following

species:

American plaice--Hippoglossoides platessoides.

Atlantic cod--Gadus morhua.

Atlantic halibut--Hippoglossus hippoglossus.

Haddock--Melanogrammus aeglefinus.

Ocean pout--Macrozoarces americanus.

Pollock--Pollachius virens.

Redfish--Sebastes fasciatus.

Red hake--Urophycis chuss.

Silver hake (whiting)--Merluccius bilinearis.

White hake--Urophycis tenuis.

Windowpane flounder--Scophthalmus aquosus.

Winter flounder--Pleuronectes americanus.

Witch flounder--Glyptocephalus cynoglossus.

Yellowtail flounder--Pleuronectes ferrugineus.

* * * * *

3. In Sec. 648.10, paragraphs (b) and (d) are revised to read as

follows:

Sec. 648.10 DAS notification requirements.

* * * * *

(b) VMS Notification. (1) Scallop vessels issued a full-time or

part-time limited access scallop permit, or scallop vessels fishing

under the small dredge program specified in Sec. 648.51(e), or vessels

issued a limited access multispecies or scallop permit and whose owners

elect to fish under the VMS notification of this paragraph (b), unless

otherwise authorized or required by the Regional Administrator under

paragraph (d) of this section, must have installed on board an

operational VMS unit that meets the minimum performance criteria

specified in Sec. 648.9(b) or as modified in Sec. 648.9(a). Owners of

such vessels must provide documentation to the Regional Administrator

at the time of application for a limited access permit that the vessel

has an operational VMS unit that meets those criteria. If a vessel has

already been issued a limited access permit without providing such

documentation, the Regional Administrator shall allow at least 30 days

for the vessel to install an operational VMS unit that meets the

criteria and to provide documentation of such installation to the

Regional Administrator. Vessels that are required to or have elected to

use a VMS unit shall be subject to the following requirements and

presumptions:

(i) Vessels that have crossed the VMS Demarcation Line specified

under paragraph (a) of this section are deemed to be fishing under the

DAS program, unless the vessel's owner or authorized representative

declares the vessel out of the scallop or NE multispecies fishery, as

applicable, for a specific time period by notifying the Regional

Administrator through the VMS prior to the vessel leaving port.

(ii) Part-time scallop vessels may not fish in the DAS allocation

program unless they declare into the scallop fishery for a specific

time period by notifying the Regional Administrator through the VMS.

(iii) Notification that the vessel is not under the DAS program

must be received prior to the vessel leaving port. A vessel may not

change its status after the vessel leaves port or before it returns to

port on any fishing trip.

(iv) DAS for vessels that are under the VMS notification

requirements of this paragraph (b) begin with the first hourly location

signal received showing that the vessel crossed the VMS Demarcation

Line leaving port. DAS end with the first hourly location signal

received showing that the vessel crossed the VMS Demarcation Line upon

its return to port.

(v) If the VMS is not available or not functional, and if

authorized by the Regional Administrator, a vessel owner must provide

the notifications required by paragraphs (b)(1)(i), (ii), and (iii) of

this section by using the call-in notification system described under

paragraph (c) of this section, instead of using the VMS system.

(2) Upon recommendation by the Council, the Regional Administrator

may require, by notification through a letter to affected permit

holders, notification in the Federal Register, or other appropriate

means, that multispecies vessels issued an Individual DAS or

Combination Vessel permit install on board an operational VMS unit that

meets the minimum performance criteria specified in Sec. 648.9(b) or as

modified in Sec. 648.9(a). Owners of such vessels must provide

documentation to the Regional Administrator at the time of application

for these permits that the vessel has an operational VMS unit that

meets those criteria. If a vessel has already been issued a permit

without providing such

[[Page 13957]]

documentation, the Regional Administrator shall allow at least 30 days

for the vessel to install an operational VMS unit that meets the

criteria and to provide documentation of such installation to the

Regional Administrator. Vessels that are required to use a VMS unit

shall be subject to requirements and presumptions described under

paragraphs (b)(1)(i) through (b)(1)(v) of this section.

* * * * *

(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

required, the Regional Administrator shall notify affected permit

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

other appropriate means. Multispecies vessels issued an Individual DAS

or Combination Vessel (regarding the multispecies fishery) permit are

authorized to use the call-in system of notification specified in

paragraph (c) of this section, unless otherwise notified as specified

in paragraph (b)(2) of this section.

* * * * *

4. In Sec. 648.14, paragraphs (b), (c)(1), (d)(1), (e) and (g)(2)

are revised, and paragraphs (a)(116), (a)(117) and (c)(26) are added to

read as follows:

Sec. 648.14 Prohibitions.

(a) * * *

(116) Fish for, land, or possess NE multispecies harvested with

brush-sweep trawl gear unless the vessel has not been issued a

multispecies permit and fishes for NE multispecies exclusively in state

waters.

(117) Possess brush-sweep trawl gear while in possession of NE

multispecies, unless the vessel has not been issued a multispecies

permit and fishes for NE multispecies exclusively in state waters.

(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),

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

unless otherwise specified in Sec. 648.17.

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

more than the possession limit of NE multispecies 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.

* * * * *

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

limit specified under Sec. 648.86(c) if the vessel has been issued a

multispecies permit.

(d) * * *

(1) Possess, at any time during a trip, or land per trip, more than

the possession limit of NE multispecies specified in Sec. 648.88(a),

unless the vessel is a charter or party vessel fishing under the

charter/party restrictions specified in Sec. 648.89.

* * * * *

(e) In addition to the general prohibitions specified in

Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this

section, it is unlawful for any person owning or operating a vessel

issued a scallop multispecies possession limit permit to possess or

land more than the possession limit of NE multispecies specified in

Sec. 648.88(c), or to possess or land regulated species when not

fishing under a scallop DAS, unless otherwise specified in Sec. 648.17.

* * * * *

(g) * * *

(2) Possess cod, haddock, and Atlantic halibut in excess of the

possession limits specified in Sec. 648.89(c).

* * * * *

5. In Sec. 648.80, paragraph (g)(4) is added to read as follows:

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

of fishing.

* * * * *

(g) * * *

(4) Brush-sweep trawl prohibition. No vessel may fish for, possess,

or land NE multispecies while fishing with, or while in possession of,

brush-sweep trawl gear.

* * * * *

6. In Sec. 648.83, paragraph (a)(1) is revised to read as follows:

Sec. 648.83 Minimum fish sizes.

(a) * * * (1) Minimum fish sizes for recreational vessels and

charter/party vessels that are not fishing under a NE multispecies DAS

are specified in Sec. 648.89. Except as provided in Sec. 648.17, all

other vessels are subject to the following minimum fish sizes,

determined by total length (TL):

Minimum Fish Sizes (TL)

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

Species Size (inches)

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

Cod..................................................... 19 (48.3 cm)

Haddock................................................. 19 (48.3 cm)

Pollock................................................. 19 (48.3 cm)

Witch flounder (gray sole).............................. 14 (35.6 cm)

Yellowtail flounder..................................... 13 (33.0 cm)

American plaice (dab)................................... 14 (35.6 cm)

Atlantic halibut........................................ 36 (91.4 cm)

Winter flounder (blackback)............................. 13 (33.0 cm)

Redfish................................................. 9 (22.9 cm)

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

* * * * *

7. In Sec. 648.86, paragraph (c) is revised and paragraph (d) is

added to read as follows:

Sec. 648.86 Possession restrictions.

* * * * *

under Sec. 648.4(a)(1) may land or possess on board no more than one

Atlantic halibut, provided the vessel complies with other applicable

provisions of this part.

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

applicable possession limit restrictions of this part.

8. In Sec. 648.88, paragraphs (a)(1), (b), (c) and (d) are revised

to read as follows:

Sec. 648.88 Open access permit restrictions.

(a) * * *

(1) The vessel may possess and land up to 300 lb (136.1 kg) of cod,

haddock, and yellowtail flounder, combined, one Atlantic halibut, and

unlimited amounts of the other NE multispecies, per trip, provided that

it does not use or possess on board gear other than rod and reel or

handlines while in possession of, fishing for, or landing NE

multispecies, and provided it has at least one standard tote on board.

* * * * *

(b) Charter/party permit. A vessel that has been issued a valid

open access multispecies charter/party permit is subject to the

additional restrictions on gear, recreational minimum fish sizes,

possession limits, and prohibitions on sale specified in Sec. 648.89,

and any other applicable provisions of this part.

been issued a valid open access scallop multispecies possession limit

permit may possess and land up to 300 lb (136.1 kg) of regulated

species and one Atlantic halibut when fishing under a scallop DAS

allocated under Sec. 648.53, provided the vessel does not fish for,

possess, or land haddock from January 1 through June 30 as specified

under Sec. 648.86(a)(2)(i), and provided the vessel has at least one

standard tote on board.

(d) Non-regulated multispecies permit. A vessel issued a valid open

access nonregulated multispecies permit may possess and land one

Atlantic halibut and unlimited amounts of the

[[Page 13958]]

other nonregulated multispecies. The vessel is subject to restrictions

on gear, area, and time of fishing specified in Sec. 648.80 and any

other applicable provisions of this part.

9. In Sec. 648.89, paragraphs (b)(1) and (c) are revised to read as

follows:

Sec. 648.89 Recreational and charter/party restrictions.

* * * * *

(b) * * * (1) Minimum fish sizes. Persons aboard charter or party

vessels permitted under this part and not fishing under the DAS

program, and recreational fishing vessels in the EEZ, may not retain

fish smaller than the minimum fish sizes, measured in total length (TL)

as follows:

Minimum Fish Sizes (TL)

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

Species Size (inches)

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

Cod..................................................... 21 (53.3 cm)

Haddock................................................. 21 (53.3 cm)