Northeast Multispecies Fishery; Amendment 7

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 960216032-6032-01; I.D. 021296E]

RIN 0648-AH70

Northeast Multispecies Fishery; Amendment 7

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 7 to the

Northeast Multispecies Fishery Management Plan (FMP). These regulations

would: Establish an annual target Total Allowable Catch (TAC) for

regulated species; accelerate the current days-at-sea (DAS) effort

reduction program; eliminate most of the current exemptions to the

effort control program; add new closed areas; restrict fisheries in the

Gulf of Maine/Georges Bank (GOM/GB) and Southern New England (SNE)

regulated mesh areas having more than a minimal bycatch of regulated

species; establish a possession limit for vessels 30 ft (9.1 m) or less

in length; establish the current experimental Nantucket Shoals dogfish

fishery as an exempted fishery; modify the permit categories; establish

restrictions on charter or party, and recreational vessels; revise and

expand the existing framework provisions; and revise the harbor

porpoise protection framework procedures. The intended effect of this

rule is to rebuild multispecies stocks.

DATES: Comments are invited on the proposed Amendment 7 and its

supporting documents, including the regulatory impact review (RIR) and

the initial regulatory flexibility analysis (IRFA) contained within the

RIR, and the proposed rule through April 19, 1996.

ons; and revise the harbor

porpoise protection framework procedures. The intended effect of this

rule is to rebuild multispecies stocks.

DATES: Comments are invited on the proposed Amendment 7 and its

supporting documents, including the regulatory impact review (RIR) and

the initial regulatory flexibility analysis (IRFA) contained within the

RIR, and the proposed rule through April 19, 1996.

ADDRESSES: Comments should be sent to Dr. Andrew A. Rosenberg,

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

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

Multispecies Plan.''

Comments regarding burden-hour estimates for collection-of-

information requirements contained in this proposed rule should also be

sent to the Office of Information and Regulatory Affairs, Office of

Management and Budget (OMB), Washington, D.C. 20503 (Attention: NOAA

Desk Officer).

Copies of proposed Amendment 7, its RIR and the IRFA contained

within the RIR, and the Final Supplemental Environmental Impact

Statement (FSEIS) are available from Douglas Marshall, Executive

Director, New England Fishery Management Council, Suntaug Office Park,

5 Broadway (US Rte. 1), Saugus, MA 01906-1097.

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

Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 5 to the

FMP were published on March 1, 1994 (59 FR 9872). Amendment 5's

principal objective was to eliminate the overfished condition of the

multispecies finfish stocks. An emergency rule to further protect the

severely depleted haddock resource was issued by NMFS and published

January 3, 1994 (59 FR 26). This rule was extended through further

rulemaking and permanently became effective with the publication of

Secretarial Amendment 6 to the FMP (59 FR 32134)

5's

principal objective was to eliminate the overfished condition of the

multispecies finfish stocks. An emergency rule to further protect the

severely depleted haddock resource was issued by NMFS and published

January 3, 1994 (59 FR 26). This rule was extended through further

rulemaking and permanently became effective with the publication of

Secretarial Amendment 6 to the FMP (59 FR 32134).

Amendment 7 development began in response to an unprecedented

report entitled, ``Special Advisory: Groundfish Status on Georges

Bank,'' issued and delivered by the Northeast Regional Stock Assessment

Workshop to the New England Fishery Management Council (Council) at its

August 9-10, 1994, meeting. The Advisory announced that Amendment 5 to

the FMP is inadequate to achieve the reductions in fishing mortality

rates needed to rebuild the principal groundfish stocks of cod, haddock

and yellowtail flounder and cautioned that fishing mortality ``should

be reduced to as low a level as possible, approaching zero'' to prevent

further decline and to rebuild already collapsed stocks.

In response to this advice, the Council began development of

Amendment 7 to the FMP. As an interim measure, the Council initiated,

and NMFS approved, an emergency interim rule (59 FR 63926, December 12,

1994) to afford some additional protection to the multispecies resource

during the development of Amendment 7. This emergency action was

extended on March 13, 1995 (60 FR 13078). At the request of the

Council, NMFS approved Framework Adjustment 9 to the FMP (60 FR 19364,

April 18, 1995) to implement measures contained in the emergency action

on a permanent basis, until Amendment 7 could be finalized and

implemented.

Recent scientific information from the Northeast Fisheries Science

Center (NEFSC) confirms that groundfish stocks are at historical lows

5 (60 FR 13078). At the request of the

Council, NMFS approved Framework Adjustment 9 to the FMP (60 FR 19364,

April 18, 1995) to implement measures contained in the emergency action

on a permanent basis, until Amendment 7 could be finalized and

implemented.

Recent scientific information from the Northeast Fisheries Science

Center (NEFSC) confirms that groundfish stocks are at historical lows.

Results from Stock Assessment Workshop 19 (SAW 19), presented to the

Council at its February 15-16, 1995, meeting concluded that GOM cod

continues to be overexploited and exhibits persisting low biomass

levels. Stock assessment scientists counsel that spawning stock biomass

decline for GOM cod should be halted and reversed immediately.

Similarly, results from SAW 20 on GB haddock, presented at the August

10-11, 1995, Council meeting indicate that this stock remains in an

overfished and collapsed condition and that fishing mortality needs to

remain as low as possible.

In addition, the most recent U.S. and Canadian bottom trawl survey

indices, through fall 1995 for GB and SNE yellowtail flounder and GB

and GOM cod, indicate no significant new recruitment in any of these

stocks and suggest a continuation of consistently low biomass levels.

Overall, there is very little recruitment and very low biomass levels

observed for all of these stocks and conservation of the vulnerable

existing year classes has become critical. In the absence of immediate

measures to husband older year classes and begin stock rebuilding,

scientists caution that the recovery period may be substantially

lengthened.

For haddock, both U.S. and Canadian survey results indicate a small

amount of recruitment into the fishery, which, if mortality levels are

kept low, may contribute to rebuilding these stocks.

Amendment 7

become critical. In the absence of immediate

measures to husband older year classes and begin stock rebuilding,

scientists caution that the recovery period may be substantially

lengthened.

For haddock, both U.S. and Canadian survey results indicate a small

amount of recruitment into the fishery, which, if mortality levels are

kept low, may contribute to rebuilding these stocks.

Amendment 7

This Amendment would implement Alternative 3 of the Council's

Amendment 7 public hearing document as refined and modified by the

Council for adoption as its preferred alternative. The foundation of

this action is an acceleration of the Amendment 5 effort-reduction

schedule. This action would build and expand upon the current

management system, serving as a basic structure to be further developed

by the Council through the framework process.

Disapproved Measures

Three measures proposed in Amendment 7 have been disapproved by

NMFS and are not included in this proposed rule. The allowance of

additional DAS for trawl vessels in the Individual DAS category that

use 8-inch mesh; the 300-lb (136.1-kg) possession allowance of

regulated species for trawl vessels that use 8-inch mesh in an exempted

fishery; and the establishment of a Limited Access permit category for

vessels that fished in the Possession Limit Open Access category under

Amendment 5, have been determined to be inconsistent with the national

standards of the Magnuson Fishery Conservation and Management Act

(Magnuson Act) or other applicable law.

The first measure, which would grant additional DAS for large mesh

trawl vessels, was proposed by the Council based on its policy to

provide incentives for using mesh larger than the minimum size. The

Council provided this incentive to trawl and gillnet vessels that would

have received the Fleet category DAS allocation and to trawl vessels

that would receive the Individual category DAS allocation, but did not

provide it to the gillnet vessels that may be permitted in this

category

sed by the Council based on its policy to

provide incentives for using mesh larger than the minimum size. The

Council provided this incentive to trawl and gillnet vessels that would

have received the Fleet category DAS allocation and to trawl vessels

that would receive the Individual category DAS allocation, but did not

provide it to the gillnet vessels that may be permitted in this

category. This omission, whether intentional or unintentional, is

inequitable; and was therefore disapproved, because it is inconsistent

with Magnuson Act National Standard 4. Increased DAS for large mesh

Fleet category vessels (both gillnet and trawls) was not disapproved,

because no inequity is established within that category.

The 300-lb (136.1-kg) allowance of regulated species bycatch for

vessels fishing in an exempted fishery (i.e., a fishery that has less

than five-percent bycatch of regulated species) was disapproved,

because it conflicts with the Council's proposed exempted fishery

measure. A fishery can be exempted only if sufficient information is

available to demonstrate that it would have a minimal bycatch of

regulated species, otherwise the fishery is not allowed. The exemption

standard is a strong disincentive against regulated species bycatch.

The 300-lb (136.1-kg) allowance would provide an incentive for

regulated species bycatch, counteracting the effect of the bycatch

prevention measure. Therefore, because this measure would counteract

the conservation effect of the bycatch protection measures, it cannot

be reasonably calculated to promote conservation; therefore it is

inconsistent with National Standard 4.

The proposed establishment of a new possession limit category was

also disapproved. This category would establish an inequity and impose

an undue administrative burden on NMFS. The Council set the possession

limit for this category at zero, making it effectively more restrictive

than the open access categories

ed to promote conservation; therefore it is

inconsistent with National Standard 4.

The proposed establishment of a new possession limit category was

also disapproved. This category would establish an inequity and impose

an undue administrative burden on NMFS. The Council set the possession

limit for this category at zero, making it effectively more restrictive

than the open access categories. Thus, a vessel applying to fish in

this category would be committing to at least one year without the

ability to land regulated species. The administrative burden of

establishing this category is likely to be significant due to the

permit eligibility reviews and appeal process. The Amendment does not

make clear the purpose of the category, that is, which sector of the

industry would be served by it. This measure would present a

significant administrative cost to NMFS with no discernable benefit or

purpose.

The Council will have the opportunity to reconsider, modify, and

possibly resubmit these measures under the Magnuson Act's 60-day

accelerated review schedule.

Measures of Concern

Public comments are particularly sought on several measures. The

first such measure is the possession allowance for the Open Access

Handgear Category that would allow a directed fishery on multispecies

with only a 300-lb (136.1-kg) constraint on cod, haddock and yellowtail

catch and a requirement to use hand gear. Charter/Party permit holders

and recreational vessels may obtain the Handgear permit, which raises

enforcement concerns about determining which set of rules a vessel may

be fishing under at any given time. A call-in requirement for Charter/

Party vessels is proposed to aid in distinguishing which type of trip a

vessel is conducting, but this would only provide a partial solution at

the expense of complicating the DAS call-in program

ional vessels may obtain the Handgear permit, which raises

enforcement concerns about determining which set of rules a vessel may

be fishing under at any given time. A call-in requirement for Charter/

Party vessels is proposed to aid in distinguishing which type of trip a

vessel is conducting, but this would only provide a partial solution at

the expense of complicating the DAS call-in program.

The second measure is the white hake exemption program presented in

the Amendment as an option for future implementation by the Director,

Northeast Regional, NMFS (Regional Director). This exemption would

allow a directed fishery on a regulated species, white hake, outside

the constraint of a DAS. This possible exemption raises concern as this

fishery is currently fully exploited and may not be able to withstand

additional pressure.

Third, the Large Mesh DAS permit, which would allocate additional

DAS to vessels using mesh larger than the minimum size, is based on the

notion that the selectivity of this mesh would compensate for the

additional allocation of DAS. However, no mesh selectivity studies for

7- (17.8 cm) and 8-inch (20.3 cm) mesh in these fisheries exist yet.

Fourth, the Council proposed a change to the boundary for the Mid-

Atlantic area to incorporate the inshore waters of New York. For the

purposes of enforcement, the proposed rule simplifies the Council's

definition of the new boundary line by using fewer coordinates. The

simplified definition would appear to achieve the Council's objective.

This rule proposes to define the Mid-Atlantic regulated mesh area as

the area bounded on the east by a line running from the Rhode Island

shoreline along 71 deg.47.5' W. long. to its intersection with the

three-nautical mile line, south along the three-nautical mile line to

Montauk Point, southwesterly along the three-nautical mile line to the

intersection of 72 deg.30' W. long., and south along that line to the

intersection of the outer boundary of the EEZ (see Figure 1 to part

651)

ast by a line running from the Rhode Island

shoreline along 71 deg.47.5' W. long. to its intersection with the

three-nautical mile line, south along the three-nautical mile line to

Montauk Point, southwesterly along the three-nautical mile line to the

intersection of 72 deg.30' W. long., and south along that line to the

intersection of the outer boundary of the EEZ (see Figure 1 to part

651).

Amendment 7 did not specifically exempt mid-water trawl gear from

the proposed GOM area closures, but left open the possibility that this

gear may become exempt in the future. NMFS is seeking public comment on

this possibility.

Because Amendment 7 proposes to eliminate the DAS exemption for

gillnet vessels, most gillnet vessels will become permitted in either

the Fleet or the Individual DAS category. NMFS is seeking comment on

how to calculate the number of DAS for any gillnet vessel that may

appeal the number of Individual DAS assigned to it by NMFS because a

vessel's initial allocation of DAS is currently based on time away from

the dock and a gillnet DAS is proposed to be counted under this rule as

time when gear is in the water.

Fifth, the Council proposed the allowance of a possession limit for

winter flounder in the Mid-Atlantic regulated mesh area. NMFS is

concerned about the impact of this, and the Winter Flounder State

Waters exemptions because of the severely overfished status of this

resource.

The following summarizes the remaining proposed measures.

Total Allowable Catch

as

time when gear is in the water.

Fifth, the Council proposed the allowance of a possession limit for

winter flounder in the Mid-Atlantic regulated mesh area. NMFS is

concerned about the impact of this, and the Winter Flounder State

Waters exemptions because of the severely overfished status of this

resource.

The following summarizes the remaining proposed measures.

Total Allowable Catch

The Amendment would establish a procedure for setting annual target

TAC levels for specific cod, haddock, and yellowtail flounder stocks

(GB cod, haddock, and yellowtail flounder, SNE yellowtail flounder, and

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

regulated species (pollock, redfish, white hake, witch flounder,

American plaice, winter flounder and windowpane flounder). This

procedure would be used annually to set TACs, with the exception of

TACs for 1996, which would be set by this rule. The TACs would be set

based on the best available scientific information and would provide a

measure by which to evaluate the effectiveness of the management

program and to make determinations on the need for

adjustments to this program on an annual basis. The TAC levels would be

set so as to attain a fishing mortality rate that would allow cod,

haddock, and yellowtail flounder stocks to rebuild over time, and to

maintain current potential yield for the seven other regulated species.

The 1994 special advisory concluded that fishing mortality ``should

be reduced to as low a level possible, approaching zero'' for GB stocks

of cod, haddock and yellowtail flounder, and SNE yellowtail flounder.

The biological reference point of F0.1 was selected by the Council

as the most practicable way to achieve this goal, considering the needs

of the fishery. For GOM cod, a biological reference point of Fmax

was selected because this stock is not as depleted as the others

low a level possible, approaching zero'' for GB stocks

of cod, haddock and yellowtail flounder, and SNE yellowtail flounder.

The biological reference point of F0.1 was selected by the Council

as the most practicable way to achieve this goal, considering the needs

of the fishery. For GOM cod, a biological reference point of Fmax

was selected because this stock is not as depleted as the others. TACs

for the remaining regulated species would be set at levels

corresponding to recent fishing mortality rates to ensure that effort

is not redirected on these stocks. Because the Council's overriding

management objective is to rebuild the five primary stocks of cod,

haddock and yellowtail flounder, the management program established

under Amendment 5, and expanded in this Amendment, is based on these

primary stocks as well. In other words, the remaining multispecies

stocks, other than cod, haddock and yellowtail flounder, would be

protected under the management program developed for the primary

stocks.

Using the 1993 fishing mortality rates contained in Amendment 5 as

a baseline, an 80 percent average reduction in the fishing mortality

rate is required to achieve the fishing mortality goals for the above

mentioned stocks. This Amendment proposes to accomplish the reduction

primarily through a combination of reductions in DAS, bycatch controls,

area closures and elimination of previously established exemptions to

effort reduction programs.

Specification of 1996 and 1997 TAC and Adjustments

For the period May 1, 1996, through April 30, 1997, the TAC levels

that would correspond to the fishing mortality rate objectives are

contained in the table below (calculation of the TACs is based on

scientific assessment incorporating data and estimates of stock sizes,

recruitment patterns, natural and fishing mortality, growth, etc.).

ms.

Specification of 1996 and 1997 TAC and Adjustments

For the period May 1, 1996, through April 30, 1997, the TAC levels

that would correspond to the fishing mortality rate objectives are

contained in the table below (calculation of the TACs is based on

scientific assessment incorporating data and estimates of stock sizes,

recruitment patterns, natural and fishing mortality, growth, etc.).

Table 1.--1996 TAC Specifications

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

1996

target

Species TACs

(metric

tons)

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

Georges Bank cod............................................. 1,851

Georges Bank haddock......................................... 2,801

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

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

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

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

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

Specification of TACs and adjustments for 1997 and beyond would be

accomplished through the annual review framework process discussed

later in this document.

Days-at-Sea Effort Control Program

The Amendment proposes to reduce DAS in two equal increments, on

May 1, 1996 and May 1, 1997, to the level called for in the final year

of the current Amendment 5 DAS reduction schedule. In addition, vessels

previously exempted from the DAS program would be subject to the effort

control program through this Amendment. Specifically, vessels in the

45-ft (13.7 m)-and-less, Hook-Gear and Gillnet Permit categories were

exempted from the DAS program. Amendment 7 proposes to eliminate these

exemptions and allocate DAS to all but the smallest group of vessels,

those 30 ft (9.1 m) or less in length.

Existing limited access vessels subject to the effort-control

program would continue under reduced DAS allocations

Specifically, vessels in the

45-ft (13.7 m)-and-less, Hook-Gear and Gillnet Permit categories were

exempted from the DAS program. Amendment 7 proposes to eliminate these

exemptions and allocate DAS to all but the smallest group of vessels,

those 30 ft (9.1 m) or less in length.

Existing limited access vessels subject to the effort-control

program would continue under reduced DAS allocations. Vessels currently

in the Individual and Combination DAS permit categories would have

their DAS allocation reduced by 35 percent of their Amendment 5

baseline in fishing year 1996 and by 50 percent in fishing year 1997.

Vessels assigned to the Fleet DAS limited access permit category would

receive an allocation of 139 DAS in the fishing year 1996 and 88 DAS in

the fishing year 1997.

Limited access vessels that agree to use sink gillnet gear with a

minimum mesh size of 7 inches (17.8 cm) for the entire fishing year

could opt to fish under a new permit category ``Large Mesh DAS'' and

would be allocated 155 DAS in 1996, and 120 DAS in 1997. Similarly,

trawl vessels choosing to fish exclusively with nets with a minimum

mesh size of 8 inches (20.32 cm) when fishing under a groundfish DAS

allocation could also enroll in this category and receive the same DAS

allocation. Again, DAS allocations for 1997 may change as the result of

the annual review process described under the framework provisions.

Limited access vessels 30 ft (9.1 m) or less in length that do not

fish under a DAS program would be restricted to a cod, haddock and

yellowtail flounder possession limit of up to a maximum combined weight

of 300 lb (136.1 kg), but would not be subject to any limits on other

multispecies finfish. These vessels may choose instead to fish under

the DAS program

d under the framework provisions.

Limited access vessels 30 ft (9.1 m) or less in length that do not

fish under a DAS program would be restricted to a cod, haddock and

yellowtail flounder possession limit of up to a maximum combined weight

of 300 lb (136.1 kg), but would not be subject to any limits on other

multispecies finfish. These vessels may choose instead to fish under

the DAS program. Vessels issued a 1995 valid limited access

multispecies permit and fishing under the Small boat exemption (less

than or equal to 45 ft (13.7 m)) that are 20 ft (6.1 m) or less in

length, would initially be assigned to the Small Vessel (less than or

equal to 30 ft (9.1 m)) category. However, due to different methods of

measuring overall length, vessels greater than 20 ft (6.1 m) but less

than or equal to 30 ft (9.1 m) would need to provide verification of

overall length to obtain a Small Vessel category permit.

With the exception of one 20-consecutive-day block of time between

March 1 through May 31 that all vessels subject to the effort-control

program would be required to ``take out'' of the fishery, this rule

would eliminate the Fleet DAS category requirement of taking blocks of

time ``out'' of the multispecies fishery as well as the layover day

provision currently required after completion of a multispecies DAS.

Upon implementation of this rule, DAS will be prorated to account

for a full fishing year beginning May 1, 1996, through April 30, 1997.

Closed Areas

take out'' of the fishery, this rule

would eliminate the Fleet DAS category requirement of taking blocks of

time ``out'' of the multispecies fishery as well as the layover day

provision currently required after completion of a multispecies DAS.

Upon implementation of this rule, DAS will be prorated to account

for a full fishing year beginning May 1, 1996, through April 30, 1997.

Closed Areas

In addition to retaining the current closed areas, the Amendment

would close additional areas, seasonally, to reduce further fishing

mortality. The areas selected for closure correspond to the current

time/area closures imposed on sink gillnet vessels in the GOM, that is,

the Northeast Closure Area, the Mid-Coast Closure Area, and the

Massachusetts Bay Closure Area to reduce the bycatch of harbor

porpoise. These areas would be closed to all gear types capable of

catching multispecies. By extending the closure of these areas to all

gear capable of catching multispecies, the goal of reducing bycatch of

harbor porpoise can be realized in a less complex and more enforceable

manner, while at the same helping to achieve the goal of reducing

fishing mortality for regulated species in the GOM. Further, because

the closure areas range from the U.S.-Canadian boundary, down through

Massachusetts Bay, and would be closed for different seasons and for

relatively short periods of time, they would affect vessels more or

less equally throughout the GOM region. All vessels would be allowed to

transit these areas, provided that their gear is properly stowed. To

minimize the impact of these closures on other fisheries, gears that

have little or no impact on regulated species would be exempt from the

closures.

Exempted Fisheries

easons and for

relatively short periods of time, they would affect vessels more or

less equally throughout the GOM region. All vessels would be allowed to

transit these areas, provided that their gear is properly stowed. To

minimize the impact of these closures on other fisheries, gears that

have little or no impact on regulated species would be exempt from the

closures.

Exempted Fisheries

Under this proposed rule, vessels fishing in the GOM/GB and SNE

regulated mesh areas would be allowed to fish only in an exempted

fishery, under a DAS (multispecies or scallop), or under the small

vessel category. An exempted fishery is one in which it has been

determined that there is a minimal bycatch of regulated species.

Currently, a five-percent standard is applied to fisheries utilizing

mesh smaller than the minimum mesh size in the GOM, GB or SNE regulated

mesh areas. This rule would extend the restriction to large mesh

fisheries and would revise the requirement to reflect the Council's

intent that the five-percent standard is an absolute maximum and that

other restrictions on fishing gear and/or seasons may be considered to

reduce bycatch.

Changes To Permit Categories

The Amendment would establish two additional limited access permit

categories and allow some vessels in an open access category an

opportunity to qualify for a limited access permit under specified

criteria.

During the development of Amendment 5, the open access Hook-Gear

category was promoted by the Council as the remaining opportunity for

new entrants into the multispecies fishery. Under Amendment 7, vessels

holding open access permits would no longer be allowed to target

regulated species

an open access category an

opportunity to qualify for a limited access permit under specified

criteria.

During the development of Amendment 5, the open access Hook-Gear

category was promoted by the Council as the remaining opportunity for

new entrants into the multispecies fishery. Under Amendment 7, vessels

holding open access permits would no longer be allowed to target

regulated species. Consequently, individuals that may have invested in

vessels and gear based on the Council's guidance and that have

participated in the fishery would be given an opportunity to qualify

for a Hook-Gear limited access permit, if they meet the following

criteria: The vessel held a 1995 open access Hook-Gear permit and

submitted to the Regional Director, no later than January 26, 1996,

fishing log reports dated between June 1, 1994 and June 1, 1995,

documenting landings of at least 500 lb (226.8 kg) of multispecies

finfish. Under Amendment 5 regulations, all vessels issued a

multispecies permit are required to submit logbooks within 15 days

after the end of each month. The January 26, 1996 deadline, therefore,

actually is less restrictive than the current provision. Vessels

fishing under the limited access Hook-Gear permit would be restricted

to setting no more than 4,500 hooks per day. And finally, vessels

qualifying for the limited access Hook-Gear permit under this provision

would be restricted to that limited access category and could not

select a different limited access permit category.

A new limited access category also would be established for vessels

that currently have limited access status and that choose to use larger

than the minimum size mesh in exchange for an increased allocation of

DAS

ng for the limited access Hook-Gear permit under this provision

would be restricted to that limited access category and could not

select a different limited access permit category.

A new limited access category also would be established for vessels

that currently have limited access status and that choose to use larger

than the minimum size mesh in exchange for an increased allocation of

DAS. The mesh requirements for this category were described under

``Days at Sea Effort Control Program.''

Vessels 30 ft (9.1 m) or less in length that choose to fish under

the Small Vessel permit category and vessels possessing an open access

Handgear permit category would not be allowed to fish for, possess, or

land regulated multispecies between March 1 and March 20 of each year.

This rule also proposes three new open access permit categories:

Handgear, Charter/party and Scallop Multispecies Possession Limit.

Vessels holding Handgear permits could possess, land, and sell up to

300 lb (136.1 kg), combined weight, of cod, haddock, and yellowtail

flounder, and unlimited amounts of the other multispecies finfish,

provided they use rod and reel or handlines only (no jigging machines).

Charter/party permits would be required for vessels that carry

passengers for hire and that do not possess a limited access permit.

These vessels would be restricted by the recreational fishing

provisions on minimum fish sizes, gear, and a prohibition on sale.

Charter/party permit holders could also obtain an open access Handgear

permit to fish commercially for multispecies finfish when they are not

fishing under hire. Limited access scallop vessels could obtain an open

access Scallop Multispecies Possession Limit permit and possess, land

and sell up to 300 lb (136.1 kg) of regulated species when fishing

under a scallop DAS.

Other Measures

sale.

Charter/party permit holders could also obtain an open access Handgear

permit to fish commercially for multispecies finfish when they are not

fishing under hire. Limited access scallop vessels could obtain an open

access Scallop Multispecies Possession Limit permit and possess, land

and sell up to 300 lb (136.1 kg) of regulated species when fishing

under a scallop DAS.

Other Measures

The current experimental dogfish trawl fishery in the Nantucket

Shoals area would be implemented on a permanent basis during the time

period of June 1 through October 15 of each year. Extensive sea

sampling conducted by the Massachusetts Division of Marine Fisheries

has shown that this fishery has a very low bycatch of regulated species

and is, therefore, an appropriate candidate for exemption to the mesh

restrictions. Vessels participating in the Nantucket Shoals dogfish

exemption program would be required to have on board an authorization

letter issued by the Regional Director and would be allowed to retain

the bycatch species and amounts allowed in the GB/GOM small mesh

exemption area, as well as skates in an amount up to 10 percent of

other fish on board.

Limited access vessels would be allowed to continue fishing under

the current state waters winter flounder exemption program. This

program is available to vessels fishing in the waters of any state that

is in compliance with the Atlantic States Marine Fisheries Commission's

(ASMFC) Winter Flounder Fishery Management Program. Additionally,

limited access vessels that are not fishing under the DAS program would

be allowed to retain up to 500 lb (226.8 kg) of winter flounder when

fishing under this exemption program.

Vessels fishing in the Mid-Atlantic regulated mesh area, when not

fishing under a DAS, would be allowed to possess, land, and sell winter

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

200 lb (90.72 kg), whichever is less

re not fishing under the DAS program would

be allowed to retain up to 500 lb (226.8 kg) of winter flounder when

fishing under this exemption program.

Vessels fishing in the Mid-Atlantic regulated mesh area, when not

fishing under a DAS, would be allowed to possess, land, and sell winter

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

200 lb (90.72 kg), whichever is less.

Vessels fishing in the SNE regulated mesh area would be allowed to

retain a bycatch of skate or skate parts up to 10 percent of the total

weight of other fish possessed on board, when fishing under the small-

mesh exemption provision. This possession limit represents a legitimate

bycatch when fishing in the exempted species program, while eliminating

the incentive to conduct a directed fishery on skate.

A provision would be added to the Observer Program section that

would allow the Regional Director to accept observer coverage funded by

sources other than NMFS, provided certain conditions are met. These

conditions are: That all observer coverage is determined by NMFS to be

in compliance with NMFS' sea-sampling guidelines and procedures; that

the owner or operator of the vessel complies with all requirements

under the multispecies plan; and that the observer is approved by the

Regional Director.

Because the Small Mesh Area 1 exemption area lies entirely within

the Mid-coast Closure Area, the season termination date for this

exemption would be changed to coincide with the closure of this area.

The current Small Mesh Area 1 season of July 15 through November 15

would, therefore, be changed to July 15 through October 31.

Amendment 7 requires that recreational and charter/party vessels

comply with the following restrictions: A 20-inch (50.8-cm) minimum

fish size for cod and haddock for the first year of the plan increasing

to 21-inches (53.3 cm) in the second year; a prohibition on the sale of

multispecies finfish; and a two hook-per-line limit for each angler.

efore, be changed to July 15 through October 31.

Amendment 7 requires that recreational and charter/party vessels

comply with the following restrictions: A 20-inch (50.8-cm) minimum

fish size for cod and haddock for the first year of the plan increasing

to 21-inches (53.3 cm) in the second year; a prohibition on the sale of

multispecies finfish; and a two hook-per-line limit for each angler.

In addition, there would be a 10 fish bag limit on cod and haddock,

combined, for recreational anglers. This would not include charter/

party vessels.

Charter/party vessels not fishing under the DAS program that

possess limited access multispecies permits or open access Handgear

permits would be required to fish under the recreational provisions,

when fishing for hire.

Amendment 7 would expand the FMP's existing framework provision to

remove the current 10-percent cap on annual reductions in fishing

mortality and establish an annual process to review progress towards

fishing mortality goals and to make changes in the management program,

including recreational provisions. A Multispecies Monitoring Committee

(MSMC) would be established to consist of technical staff from the New

England and Mid-Atlantic Council's, the NMFS Northeast Regional Office,

the NEFSC, and representatives from the U.S. Coast Guard, the fishing

industry, and from affected coastal states appointed by the ASMFC. The

MSMC would meet annually and, based on a review of the status of the

resource, would recommend to the Multispecies Committee of the Council

annual DAS adjustments by fleet sector, target TACs and any other

management measure adjustments necessary to achieve the FMP's goals.

After considering this recommendation, and any public comment, the

Council would then make a recommendation to the Regional Director on

annual TACs and adjustments to management measures, if any, for the

following fishing year

species Committee of the Council

annual DAS adjustments by fleet sector, target TACs and any other

management measure adjustments necessary to achieve the FMP's goals.

After considering this recommendation, and any public comment, the

Council would then make a recommendation to the Regional Director on

annual TACs and adjustments to management measures, if any, for the

following fishing year. If the Council fails to submit a recommendation

to the Regional Director by February 1 that meets the FMP goals and

objectives, the Regional Director may publish as a proposed rule one of

the options reviewed and not rejected by the Council, provided that the

option meets the FMP objective and is consistent with other applicable

law. If, after considering public comment, the Regional Director

decides to approve the option published as a proposed rule, the action

will be published as a final rule in the Federal Register.

This rule would revise the current haddock possession limit to be

1,000 lb (453.6 kg) for vessels fishing under a multispecies DAS.

Existing regulations limit possession of haddock to 500 lb (226.8 kg)

or its equivalent, as measured by the volume of four standard boxes or

five standard totes. This volumetric measure has, in practice, allowed

vessels to land more than the 500-lb (226.8-kg) haddock trip limit

because volumetric equivalent measures turned out to be too generous.

This has made enforcement of this provision problematic for cases based

solely on landing records. Therefore, in response to the elimination of

the use of this volumetric measure and to address that industry concern

over vessels catching more than the 500-lb (226.8-kg) haddock trip

limit and consequently discarding fish, the possession limit of haddock

would be increased to 1,000 lb (453.6 kg). Although the status of

haddock remains critical, other more restrictive conservation measures

proposed under this plan would afford additional benefits to this

species

measure and to address that industry concern

over vessels catching more than the 500-lb (226.8-kg) haddock trip

limit and consequently discarding fish, the possession limit of haddock

would be increased to 1,000 lb (453.6 kg). Although the status of

haddock remains critical, other more restrictive conservation measures

proposed under this plan would afford additional benefits to this

species.

For clarity, Latin nomenclature for genus and species has been

added to the Definitions section and removed from all other sections.

Unless changed by this proposed rule, all measures currently in

place under the FMP would remain in effect.

Classification

This action has been determined to be economically significant for

the purposes of E.O. 12866.

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

NMFS to publish implementing regulations proposed by a Council within

15 days of the receipt of an amendment and proposed regulations. At

this time, NMFS has not determined whether the amendment these rules

would implement is consistent with the national standards, other

provisions of the Magnuson Act, and other applicable law. NMFS, in

making that determination, will take into account the information,

views and comments received during the comment period.

The Council prepared a FSEIS for Amendment 7 describing the

possible impacts on the environment as a result of this rule. This

amendment is expected to have a significant impact on the human

environment. A copy of the FSEIS may be obtained from the Council (see

ADDRESSES).

The Biological Opinion (BO) for the original consultation on the

initial FMP in 1986 concluded that the fishing activities resulting

from that action may affect but are not likely to jeopardize the

continued existence of endangered and threatened species of marine

mammals, sea turtles, and fish or their critical habitat(s) found in

the affected area

btained from the Council (see

ADDRESSES).

The Biological Opinion (BO) for the original consultation on the

initial FMP in 1986 concluded that the fishing activities resulting

from that action may affect but are not likely to jeopardize the

continued existence of endangered and threatened species of marine

mammals, sea turtles, and fish or their critical habitat(s) found in

the affected area. This conclusion was re-evaluated in a BO for the

Marine Mammal Exemption Program MMEP initiated in 1989 under the Marine

Mammal Protection Act of 1972. New information regarding incidental

take was introduced and the conclusion of no jeopardy was reached.

Amendment 5 to the FMP contained measures to reduce the incidental take

of marine mammals and implemented significant effort reduction

measures. Due to the scope of the proposed amendment and the fact that

right whale critical habitat has been designated since the BO for

Amendment 5 to the Multispecies FMP was written, formal consultation

was re-initiated. This consultation does not change the basis for the

original determination. The consultation concluded that the provisions

of the proposed amendment may affect but are not likely to jeopardize

the continued existence of endangered and threatened species or their

critical habitat(s).

Adverse impacts on marine mammals resulting from fishing activities

conducted under this rule are discussed in the FSEIS.

In compliance with the Regulatory Flexibility Act, the Council has

prepared an IRFA as part of the RIR contained in Amendment 7 that

concludes that this proposed rule would have significant economic

impacts on a substantial number of small entities. The measures

proposed are restrictive, and impacts on the industry are expected to

be significant. In the early years of the program, some vessels may be

unable to cover their costs, in part because of these restrictions and

also due to the poor condition of the stocks. Such vessels are expected

to leave the fishery

have significant economic

impacts on a substantial number of small entities. The measures

proposed are restrictive, and impacts on the industry are expected to

be significant. In the early years of the program, some vessels may be

unable to cover their costs, in part because of these restrictions and

also due to the poor condition of the stocks. Such vessels are expected

to leave the fishery. Relative to the status quo, however, this

proposal produces positive significant effects on a substantial number

of small entities after stock abundance of groundfish recovers. The

majority of the vessels in the Northeast Multispecies Fishery are

considered small entities. The proposed action will reduce the overall

revenues of the multispecies industry by approximately 10 to 25 percent

in the first three years of the program compared to the status quo. The

impact of the proposed action will not be uniform for all vessels or

all sectors. Instead, the action will have different effects on

different gear groups, with trawlers being relatively more

disadvantaged than other vessels. This is primarily because trawlers

produce the largest share of total groundfish landings and have higher

costs. Alternately, smaller independent vessels are well suited to

adapting to year to year changes in species as availability changes.

Generally, smaller vessels are more flexible and have lower costs. The

proposed action would allow vessels 30 ft (9.1 m) or less in length to

be exempt from the DAS program, provided they comply with the 300-lb

(136.1-kg) cod, haddock, and yellowtail flounder possession limit. Cod,

haddock, and yellowtail flounder

uited to

adapting to year to year changes in species as availability changes.

Generally, smaller vessels are more flexible and have lower costs. The

proposed action would allow vessels 30 ft (9.1 m) or less in length to

be exempt from the DAS program, provided they comply with the 300-lb

(136.1-kg) cod, haddock, and yellowtail flounder possession limit. Cod,

haddock, and yellowtail flounder

comprise 15 percent of the revenue of these vessels.

The negative effects of the non-selected alternatives would be

greater than those of the proposed measures. Expected impacts of the

proposed action on crew income are negative in the first 5 years of the

program and positive thereafter. Likewise, the level of employment is

expected to decline in the short-term to an undetermined extent but

will rebound over the long term. Projected revenues from fishing will

be positive beginning in the year 2001, which will create demand for

other goods and services in the area and lead to increased production

and employment. The overall impacts will be positive. The proposed

action is expected to increase net benefits to the nation by $18

million over the 10-year rebuilding period. The recreational sector is

not expected to be negatively impacted by this action.

The proposed action is economically significant for the purposes of

E.O. 12866, but probably will not have an annual impact on the economy

of $100 million or more, and will not adversely affect the

productivity, environment, public health or safety or state, local or

tribal governments or communities in the long term. By increasing

multispecies catch rates in the long term and reducing operating costs,

the proposed action is expected to make the industry more productive

after recovery of groundfish stock abundance and to increase the

competitiveness of the domestic industry in comparison to foreign

suppliers

nt, public health or safety or state, local or

tribal governments or communities in the long term. By increasing

multispecies catch rates in the long term and reducing operating costs,

the proposed action is expected to make the industry more productive

after recovery of groundfish stock abundance and to increase the

competitiveness of the domestic industry in comparison to foreign

suppliers.

This proposed rule contains six new collection-of-information

requirements subject to the Paperwork Reduction Act and have been

submitted to OMB for approval. The public reporting burden for these

collection-of-information requirements are indicated in the parentheses

in the following statements and include the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding this reporting

burden estimate or any other aspect of the collection of information,

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

ADDRESSES).

The new requirements are:

1. The Nantucket Shoals Dogfish exemption, OMB# 0648-0202, will

require vessel notification (2 minutes/response).

Revisions to the existing requirements are:

2. Proof of VTS installation, OMB# 0648-0202, (2 minutes/response);

3. Call-in or card system, OMB# 0648-0202, (2 minutes/response);

4. Limited access permit, OMB# 0648-0202. Appeal of the DAS

allocation will require written submission (2 hours/response);

5. Limited access permit appeals, OMB# 0648-0202, appeal of denied

permits will require written submission (0.5 hours/response);

6. Three new vessel permit categories (Handgear, Charter/Party and

Scallop Multispecies Possession Limit), OMB# 0648-0202, are created

with no increase in burden above that currently associated with vessel

permits

will require written submission (2 hours/response);

5. Limited access permit appeals, OMB# 0648-0202, appeal of denied

permits will require written submission (0.5 hours/response);

6. Three new vessel permit categories (Handgear, Charter/Party and

Scallop Multispecies Possession Limit), OMB# 0648-0202, are created

with no increase in burden above that currently associated with vessel

permits.

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 unless that collection of information

displays a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 651

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: February 26, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 651 is

proposed to be amended as follows:

PART 651--NORTHEAST MULTISPECIES FISHERY

1. The authority citation for part 651 continues to read as

follows:

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

2. In Sec. 651.2, the definition for ``Charter and party boats'' is

removed, and the definitions for ``Alewife'', ``American shad'',

``Atlantic croaker'', ``Black sea bass'', ``Blowfish'', ``Bluefish'',

``Charter or party boat or charter/party boat'', ``Conger eels'',

``Cunner'', ``Dogfish'', ``Exempted gear'', ``Fourspot flounder'',

``Hagfish'', ``Handgear'', ``Handline or handline gear'', ``Hickory

shad'', ``John Dory'', ``Longhorn sculpin'', ``Mullet'', ``Multispecies

Monitoring Committee'', ``Rod and reel'', ``Scup'', ``Sea raven'',

``Searobin'', ``Skate'', ``Spot'', ``Summer flounder'', ``Swordfish'',

``Target Total Allowable Catch (TAC)'', ``Tautog'', ``Tilefish'', and

``Weakfish'' are added, in alphabetical order; the definitions for

``DAS (Days-at-sea)'', ``Out of the multispecies fishery or DAS

program'', and ``Sink gillnet'' are

'', ``Multispecies

Monitoring Committee'', ``Rod and reel'', ``Scup'', ``Sea raven'',

``Searobin'', ``Skate'', ``Spot'', ``Summer flounder'', ``Swordfish'',

``Target Total Allowable Catch (TAC)'', ``Tautog'', ``Tilefish'', and

``Weakfish'' are added, in alphabetical order; the definitions for

``DAS (Days-at-sea)'', ``Out of the multispecies fishery or DAS

program'', and ``Sink gillnet'' are revised to read as follows:

Sec. 651.2 Definitions.

* * * * *

Alewife means Alosa pseudoharengus.

* * * * *

American shad means Alosa sapidissima.

Atlantic croaker means Micropogonias undulatus.

* * * * *

Black sea bass means Centropristis striata.

Blowfish (puffer) means any species in the family Tetraodontidae.

Bluefish means Pomatomus saltatrix.

* * * * *

Charter or party boat or charter/party boat means any vessel

carrying passengers for hire to engage in recreational fishing and that

is not fishing under a DAS.

* * * * *

Conger eels means Conger oceanicus.

* * * * *

Cunner means Tautogolabrus adspersus.

DAS (Days-at-sea) means the 24-hour periods of time during which a

fishing vessel is absent from port in which the vessel intends to fish

for, possess or land, or fishes for, possesses, or lands regulated

species, or for gillnet vessels, the 24-hour periods of time beginning

when the gillnet vessel leaves port with the intent to fish for,

possess or land, or fishes for, possesses or lands regulated species,

and ending when a gillnet vessel returns to port with all of its

gillnet gear that was in the water on board.

* * * * *

Dogfish means spiny dogfish, Squalus acanthias, or smooth dogfish,

Mustelus canis

or gillnet vessels, the 24-hour periods of time beginning

when the gillnet vessel leaves port with the intent to fish for,

possess or land, or fishes for, possesses or lands regulated species,

and ending when a gillnet vessel returns to port with all of its

gillnet gear that was in the water on board.

* * * * *

Dogfish means spiny dogfish, Squalus acanthias, or smooth dogfish,

Mustelus canis.

* * * * *

Exempted gear means gear that is deemed to be not capable of

catching multispecies finfish and includes: pelagic hook and line,

pelagic longline, spears, rakes, diving gear, cast nets, tongs,

harpoons, weirs, dipnets, stop nets, pound nets, pelagic gillnets, pots

and traps, purse seines, shrimp trawls (with a properly configured

grate as defined under this part), and mid-water trawls.

* * * * *

Fourspot flounder means Paralichthys oblongus.

* * * * *

Hagfish means Myxine glutinosa.

Handgear means handline or rod and real gear.

Handline or handline gear means fishing gear that is released by

hand and consists of one main line to which is attached up to two

leaders for a total of

not more than three hooks. Handlines are retrieved only by hand, not by

mechanical means.

* * * * *

Hickory shad means Alosa mediocris.

* * * * *

John Dory means Zenopsis conchifera.

* * * * *

Longhorn sculpin means Myoxocephalus octodecimspinosus.

* * * * *

Mullet means any species in the family Mugilidae.

* * * * *

Multispecies Monitoring Committee means a team of scientific and

technical staff appointed by the Council to review, analyze, and

recommend adjustments to the management measures. The team will consist

of staff from the New England and Mid-Atlantic Fishery Management

Councils, the NMFS Northeast Regional Office, the NEFSC, the U.S. Coast

Guard, an industry representative, and representatives from affected

coastal states appointed by the Atlantic States Marine Fisheries

Commission

by the Council to review, analyze, and

recommend adjustments to the management measures. The team will consist

of staff from the New England and Mid-Atlantic Fishery Management

Councils, the NMFS Northeast Regional Office, the NEFSC, the U.S. Coast

Guard, an industry representative, and representatives from affected

coastal states appointed by the Atlantic States Marine Fisheries

Commission.

* * * * *

Out of the multispecies fishery or DAS program means the period of

time during which a vessel is absent from port and is not fishing for

regulated species under the multispecies DAS program.

* * * * *

Rod and reel means a hand-held (including rod holder) fishing rod

with a manually operated reel attached.

* * * * *

Scup means Stenotomus chrysops.

Sea raven means Hemitripterus americanus.

Searobin means any species in the family Triglidae.

Sink gillnet means a bottom-tending gillnet, which is any gillnet,

anchored or otherwise, that is designed to be, or is fished on or near

the bottom in the lower third of the water column.

Skate means any species in the family Rajidae.

Spot means Leiostomus xanthurus.

* * * * *

Summer flounder means Paralichthys dentatus.

Swordfish means Xiphias gladius.

Target Total Allowable Catch (TAC) means the annual domestic

harvest targets for regulated species.

Tautog (blackfish) means Tautoga onitis.

* * * * *

Tilefish means Lopholatilus chamaeleonticeps.

* * * * *

Weakfish means Cynoscion regalis.

* * * * *

3. In Sec. 651.4, paragraphs (a), (b), (c), (e), (f), (h)(1)(ii),

(h)(1)(iii) and (q) are revised to read as follows:

Sec. 651.4 Vessel permits.

* * * * *

(a) General. Any vessel of the United States, including a charter

or party boat, must have been issued and have on board a valid Federal

multispecies permit issued under this part to fish for, possess or land

multispecies finfish in or from the EEZ. Recreational vessels and

vessels fishing for multispecies exclusively in state waters are exempt

from this requirement.

ssel permits.

* * * * *

(a) General. Any vessel of the United States, including a charter

or party boat, must have been issued and have on board a valid Federal

multispecies permit issued under this part to fish for, possess or land

multispecies finfish in or from the EEZ. Recreational vessels and

vessels fishing for multispecies exclusively in state waters are exempt

from this requirement.

(b) Limited access permits--(1) Eligibility--

(i) Limited access multispecies permit. To be eligible for a

multispecies limited access permit, specified in Sec. 651.22, in 1996

and thereafter, a vessel must have been issued a limited access

multispecies permit for the preceding year, must be replacing a vessel

that was issued a limited access multispecies permit for the preceding

year, or must qualify for a 1996 limited access multispecies permit

under paragraph (b)(1)(ii) of this section.

(ii) Limited access hook-gear permit. A vessel issued a 1995 open

access hook-gear permit may apply for and obtain a 1996 limited access

hook-gear permit provided it meets the criteria for eligibility

described below. Vessels must apply for a limited access Hook-Gear

permit before September 1, 1996, to receive an automatic mailing of an

application to renew their permit in 1997 and to be insured that their

permit application will be processed within the 30 days allowed under

paragraph (e) of this section. Vessels applying after December 31,

1996, will be ineligible to apply for a 1997 limited access hook-gear

permit. A vessel qualifying for a limited access hook-gear permit may

not change its limited access permit category

application to renew their permit in 1997 and to be insured that their

permit application will be processed within the 30 days allowed under

paragraph (e) of this section. Vessels applying after December 31,

1996, will be ineligible to apply for a 1997 limited access hook-gear

permit. A vessel qualifying for a limited access hook-gear permit may

not change its limited access permit category. The criteria for

eligibility are:

(A) The vessel held a 1995 open access Hook-Gear permit and

submitted to the Regional Director, no later than January 26, 1996,

fishing log reports dated between June 1, 1994 and June 1, 1995,

documenting landings of at least 500 lb (226.8 kg) of multispecies

finfish; or

(B) The vessel is replacing a vessel that meets the criteria set

forth in paragraph (b)(1)(ii)(A) of this section.

(2) Qualification restriction. Unless the Regional Director

determines to the contrary, no more than one vessel may qualify, at any

one time, for a limited access multispecies permit based on that or

another vessel's fishing and permit history. If more than one vessel

owner claims eligibility for a limited access multispecies permit,

based on one vessel's fishing and permit history, the Regional Director

shall determine who is entitled to qualify for the limited access

multispecies permit and the DAS allocation according to paragraph

(b)(3) of this section.

(3) Change in ownership. The fishing and permit history of a vessel

is presumed to transfer with the vessel whenever it is bought, sold, or

otherwise transferred, unless there is a written agreement, signed by

the transferor/seller and transferee/buyer, or other credible written

evidence, verifying that the transferor/seller is retaining the

vessel's fishing and permit history for purposes of replacing the

vessel.

. The fishing and permit history of a vessel

is presumed to transfer with the vessel whenever it is bought, sold, or

otherwise transferred, unless there is a written agreement, signed by

the transferor/seller and transferee/buyer, or other credible written

evidence, verifying that the transferor/seller is retaining the

vessel's fishing and permit history for purposes of replacing the

vessel.

(4) Replacement vessels. To be eligible for a limited access permit

under this section, the replacement vessel must meet the following

criteria and any applicable criteria under paragraph (b)(5) of this

section:

(i) The replacement vessel's horsepower may not exceed by more than

20 percent the horsepower of the vessel that was initially issued a

limited access multispecies permit as of the date the initial vessel

applied for such permit; and

(ii) The replacement vessel's length, gross registered tonnage, and

net tonnage may not exceed by more than 10 percent the length, gross

registered tonnage, and net tonnage of the vessel that was initially

issued a limited access multispecies permit as of the date the initial

vessel applied for such permit. For purposes of this paragraph, a

vessel not required to be documented under title 46, U.S.C. will be

considered to be 5 net tons. For undocumented vessels, gross registered

tonnage does not apply.

(5) Upgraded vessel. To remain eligible to retain a valid limited

access permit under this part, or to apply for or renew a limited

access permit under this part, a vessel may be upgraded, whether

through refitting or replacement, only if the upgrade complies with the

following limitations:

ll be

considered to be 5 net tons. For undocumented vessels, gross registered

tonnage does not apply.

(5) Upgraded vessel. To remain eligible to retain a valid limited

access permit under this part, or to apply for or renew a limited

access permit under this part, a vessel may be upgraded, whether

through refitting or replacement, only if the upgrade complies with the

following limitations:

(i) The vessel's horsepower may be increased, whether through

refitting or replacement, only once. Such an increase may not exceed 20

percent of the horsepower of the vessel initially issued a limited

access multispecies permit as of the date the initial vessel applied

for such permit; and

(ii) The vessel's length, gross registered tonnage, and net tonnage

may be upgraded, whether through refitting or replacement, only once.

Such an increase shall not exceed 10 percent each of the length, gross

registered

tonnage, and net tonnage of the vessel initially issued a limited

access multispecies permit as of the date the initial vessel applied

for such permit. This limitation allows only one upgrade, at which time

any or all three specifications of vessel size may be increased. This

type of upgrade may be done separately from an engine horsepower

upgrade.

(6) Consolidation restriction. Limited access permits under this

permit and DAS allocations may not be combined or consolidated.

(7) Appeal of denial of limited access multispecies permit.

ermit. This limitation allows only one upgrade, at which time

any or all three specifications of vessel size may be increased. This

type of upgrade may be done separately from an engine horsepower

upgrade.

(6) Consolidation restriction. Limited access permits under this

permit and DAS allocations may not be combined or consolidated.

(7) Appeal of denial of limited access multispecies permit.

(i) Any applicant eligible to apply for an initial limited access

Hook-Gear permit who is denied such permit may appeal the denial to the

Regional Director within 30 days of the notice of denial. Any such

appeal must be based on one or more of the following grounds, must be

in writing, and must state the grounds for the appeal:

(A) The information used by the Regional Director was based on

mistaken or incorrect data;

(B) The applicant was prevented by circumstances beyond his/her

control from meeting relevant criteria; or

(C) The applicant has new or additional information.

(ii) The Regional Director will appoint a designee who will make

the initial decision on the appeal.

(iii) The appellant may request a review of the initial decision by

the Regional Director by so requesting in writing within 30 days of the

notice of the initial decision. If the appellant does not request a

review of the initial decision within 30 days, the initial decision

shall become the final administrative action of the Department of

Commerce.

(iv) Upon receiving the findings and a recommendation, the Regional

Director will issue a final decision on the appeal. The Regional

Director's decision is the final administrative action of the

Department of Commerce.

e appellant does not request a

review of the initial decision within 30 days, the initial decision

shall become the final administrative action of the Department of

Commerce.

(iv) Upon receiving the findings and a recommendation, the Regional

Director will issue a final decision on the appeal. The Regional

Director's decision is the final administrative action of the

Department of Commerce.

(v) Status of vessels pending appeal of a limited access permit

denial. A vessel denied a limited access Hook-Gear permit may fish

under the limited access Hook-Gear category, provided that the denial

has been appealed, the appeal is pending, and the vessel has on board a

letter from the Regional Director authorizing the vessel to fish under

the limited access Hook-Gear category. The Regional Director will issue

such a letter for the pendency of any appeal. Any such decision is the

final administrative action of the Department of Commerce on allowable

fishing activity pending a final decision on the appeal. The

authorizing letter must be carried on board the vessel. If the appeal

is finally denied, the Regional Director shall send a notice of final

denial to the vessel owner; the authorizing letter becomes invalid 5

days after receipt of the notice of denial.

(8) Limited access permit restrictions. (i) A vessel may be issued

a limited access multispecies permit in only one category during a

fishing year. Vessels are prohibited from changing limited access

multispecies permit categories during the fishing year, except as

provided in paragraph (f)(3) of this section. A vessel issued a limited

access Hook-Gear permit may not change its limited access permit

category at any time.

(ii) With the exception of Combination Vessels, sea scallop dredge

vessels are prohibited from being issued a limited access multispecies

permits.

anging limited access

multispecies permit categories during the fishing year, except as

provided in paragraph (f)(3) of this section. A vessel issued a limited

access Hook-Gear permit may not change its limited access permit

category at any time.

(ii) With the exception of Combination Vessels, sea scallop dredge

vessels are prohibited from being issued a limited access multispecies

permits.

(9) Confirmation of Permit History. Notwithstanding any other

provisions of this part, a person who does not currently own a fishing

vessel, but who has owned a qualifying vessel that has sunk, been

destroyed, or transferred to another person, may apply for and receive

a Confirmation of Permit History if the fishing and permit history of

such vessel has been retained lawfully by the applicant. To be eligible

to obtain a Confirmation of Permit History, the applicant must show

that the qualifying vessel meets the eligibility requirements, as

applicable, in this part. Issuance of a valid and current Confirmation

of Permit History preserves the eligibility of the applicant to apply

for or renew a limited access multispecies permit for a replacement

vessel based on the qualifying vessel's fishing and permit history at a

subsequent time, subject to the replacement provisions specified at

Sec. 651.4. A Confirmation of Permit History must be applied for and

received on an annual basis in order for the applicant to preserve the

fishing rights and limited access eligibility of the qualifying vessel.

If fishing privileges have been assigned or allocated previously under

this part based on the qualifying vessel's fishing and permit history,

the Confirmation of Permit History also preserves such fishing

privileges. Any decision regarding the issuance of a Confirmation of

Permit History for a qualifying vessel that has applied for or been

issued previously a limited access permit under this part is a final

agency action subject to judicial review under 5 U.S.C. 704

part based on the qualifying vessel's fishing and permit history,

the Confirmation of Permit History also preserves such fishing

privileges. Any decision regarding the issuance of a Confirmation of

Permit History for a qualifying vessel that has applied for or been

issued previously a limited access permit under this part is a final

agency action subject to judicial review under 5 U.S.C. 704.

Applications for a Confirmation of Permit History must be received by

the Regional Director by the beginning of the fishing year for which

the Confirmation of Permit History is required. Information

requirements for the Confirmation of Permit History application shall

be the same as those for a limited access permit with any request for

information about the vessel being applicable to the qualifying vessel

that has been sunk, destroyed or transferred. Vessel permit applicants

who have been issued a Confirmation of Permit History and who wish to

obtain a vessel permit for a replacement vessel based upon the previous

vessel history may do so pursuant to paragraph (b)(4) of this section.

(c) Open access permits. Subject to the restrictions in

Sec. 651.33, a U. S. vessel that has not been issued a limited access

multispecies permit may obtain an open access Handgear or Charter/party

permit. Vessels that are issued a valid scallop limited access permit

under Sec. 650.4 of this chapter and that have not been issued a

limited access multispecies permit may obtain an open access Scallop

Multispecies Possession Limit permit.

* * * * *

Sec. 651.33, a U. S. vessel that has not been issued a limited access

multispecies permit may obtain an open access Handgear or Charter/party

permit. Vessels that are issued a valid scallop limited access permit

under Sec. 650.4 of this chapter and that have not been issued a

limited access multispecies permit may obtain an open access Scallop

Multispecies Possession Limit permit.

* * * * *

(e) Vessel permit application. Applicants for a permit under this

section must submit a completed application on an appropriate form

obtained from the Regional Director. The application must be signed by

the owner of the vessel, or the owner's authorized representative, and

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

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

Regional Director will notify the applicant of any deficiency in the

application pursuant to this section. Applicants for limited access

multispecies permits shall provide information with the application

sufficient for the Regional Director to determine whether the vessel

meets the eligibility requirements specified.

(f) Information requirements. (1) In addition to applicable

information required to be provided by paragraph (e) of this section,

an application for a permit must contain at least the following

information, and any other information required by the Regional

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

number; U.S. Coast Guard documentation number and a copy of the

vessel's current U.S. Coast Guard documentation or, if undocumented,

state registration number and a copy of the current state registration;

party/charter boat license; home port and principal port of landing;

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

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

fish-

mentation number and a copy of the

vessel's current U.S. Coast Guard documentation or, if undocumented,

state registration number and a copy of the current state registration;

party/charter boat license; home port and principal port of landing;

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

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

fish-

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

number of party or charter passengers licensed to carry (if

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

the current Certificate of Incorporation, or other corporate papers

showing incorporation and the names of the current officers in the

Corporation, and the names and addresses of all shareholders owning 25

percent or more of the corporation's shares; if the owner is a

partnership, a copy of the current Partnership Agreement and the names

and addresses of all partners; if there is more than one owner, names

of all owners owning a 25 percent interest or more; and, name and

signature of the owner or the owner's authorized representative.

(2) Applications for an initial limited access Hook-Gear permit

must also contain the following information:

(i) If the engine horsepower was changed or a contract to change

the engine horsepower had been entered into prior to May 1, 1996, such

that it is different from that stated in the vessel's most recent

application for a Federal Fisheries Permit before May 1, 1996,

sufficient documentation to ascertain the different engine horsepower.

However, the engine replacement must be completed within one year of

the date of when the contract for the replacement engine was signed.

rsepower had been entered into prior to May 1, 1996, such

that it is different from that stated in the vessel's most recent

application for a Federal Fisheries Permit before May 1, 1996,

sufficient documentation to ascertain the different engine horsepower.

However, the engine replacement must be completed within one year of

the date of when the contract for the replacement engine was signed.

(ii) If the length, gross tonnage, or net tonnage was changed or a

contract to change the length, gross tonnage or net tonnage had been

entered into prior to May 1, 1996, such that it is different from that

stated in the vessel's most recent application for a Federal Fisheries

Permit, sufficient documentation to ascertain the different length,

gross tonnage or net tonnage. However, the upgrade must be completed

within one year from the date when the contract for the upgrade was

signed.

(3) A vessel issued a limited access multispecies permit may

request a change in permit category, unless otherwise restricted by

paragraph (b)(8) of this section. In 1996, any such change must be

requested by submitting an application to the Regional Director within

45 days of implementation of this rule. After 45 days, the vessel must

fish only in the DAS program assigned for the remainder of the 1996

fishing year. Any DAS that a vessel uses prior to a change in permit

category will be counted against its allocation received under any

subsequent permit category. For 1997 and beyond, limited access

multispecies vessels eligible to request a change in permit category

must elect a category prior to the start of each fishing year and must

remain in that permit category for the duration of the fishing year. A

vessel issued an open access permit may request a different open access

permit category by submitting an application to the Regional Director

at any time.

7 and beyond, limited access

multispecies vessels eligible to request a change in permit category

must elect a category prior to the start of each fishing year and must

remain in that permit category for the duration of the fishing year. A

vessel issued an open access permit may request a different open access

permit category by submitting an application to the Regional Director

at any time.

(4) If the vessel is a combination vessel, or if the applicant

elects to take an Individual DAS allocation or to use a VTS unit,

although not required, a copy of the vendor installation receipt from a

NMFS-certified VTS vendor as described in Sec. 651.28(a).

* * * * *

(h) * * *

(1) * * *

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

the deadlines set forth in paragraphs (b)(1)(ii), and (q) of this

section; or

(iii) The applicant and applicant's vessel failed to meet all

eligibility requirements described in paragraph (b)(1) of this section;

or

* * * * *

(q) Limited access multispecies permit renewal. To renew or apply

for a limited access multispecies permit a completed application must

be received by the Regional Director by the first day of the fishing

year for which the permit is required. Failure to renew a limited

access multispecies permit in any year bars the renewal of the permit

in subsequent years.

* * * * *

4. Section 651.9 is revised to read as follows:

Sec. 651.9 Prohibitions.

renew or apply

for a limited access multispecies permit a completed application must

be received by the Regional Director by the first day of the fishing

year for which the permit is required. Failure to renew a limited

access multispecies permit in any year bars the renewal of the permit

in subsequent years.

* * * * *

4. Section 651.9 is revised to read as follows:

Sec. 651.9 Prohibitions.

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

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

vessel issued a valid Federal multispecies vessel permit issued under

this part, issued a permit under Sec. 651.5 or a letter under

Sec. 651.4(b)(7)(v), to do any of the following:

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

change in the information contained in the permit application as

required under Sec. 651.4(m) or Sec. 651.5(k).

(2) Fish for, possess, or land multispecies finfish unless the

operator of the vessel has been issued an operator's permit under

Sec. 651.5, and a valid permit is on board the vessel.

(3) Sell, barter, trade, or transfer, or attempt to sell, barter,

trade, or transfer to a dealer any multispecies finfish unless the

dealer has a valid Federal dealer's permit issued under Sec. 651.6.

(4) Sell, barter, trade, or transfer, or attempt to sell, barter,

trade, or otherwise transfer, for a commercial purpose, other than

transport, any multispecies, unless the transferee has a dealer permit

issued under Sec. 651.6.

(5) Fail to comply in an accurate and timely fashion with the log

report, reporting, record retention, inspection, and other requirements

of Sec. 651.7(b).

(6) Fail to affix and maintain permanent markings as required by

Sec. 651.8.

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

in Sec. 651.21(f)(1) through Sec. 651.21(h)(1) during the time period

specified, except as provided in Sec. 651.21(d), (f)(2), (g)(2), and

fashion with the log

report, reporting, record retention, inspection, and other requirements

of Sec. 651.7(b).

(6) Fail to affix and maintain permanent markings as required by

Sec. 651.8.

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

in Sec. 651.21(f)(1) through Sec. 651.21(h)(1) during the time period

specified, except as provided in Sec. 651.21(d), (f)(2), (g)(2), and

(h)(2).

(8) Possess or land multispecies finfish smaller than the minimum

sizes specified in Sec. 651.23 or Sec. 651.34, as appropriate.

(9) Land, or possess on board a vessel, more than the possession

limits specified in Sec. 651.27(a), or violate any of the other

provisions of Sec. 651.27.

(10) Land, offload, remove, or otherwise transfer, or attempt to

land, offload, remove, or otherwise transfer fish from one vessel to

another vessel or other floating conveyance unless authorized in

writing by the Regional Director pursuant to Sec. 651.30(a).

(11) Refuse or fail to carry an observer if requested to do so by

the Regional Director.

(12) Interfere with or bar by command, impediment, threat,

coercion, or refusal of reasonable assistance, an observer conducting

his or her duties aboard a vessel.

(13) Fail to provide an observer with the required food,

accommodations, access, and assistance, specified in Sec. 651.31.

(b) In addition to the prohibitions specified in paragraph (a) of

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

vessel issued a limited access multispecies permit under Sec. 651.4(b)

or a letter under Sec. 651.4(b)(7)(v), to do any of the following:

(1) Fish for, possess, or land multispecies finfish with or from a

vessel that has had the horsepower of such vessel or its replacement

upgraded or increased in excess of the limitations specified in

Sec. 651.4(b)(4) or Sec. 651.4(b)(5).

ing or operating a

vessel issued a limited access multispecies permit under Sec. 651.4(b)

or a letter under Sec. 651.4(b)(7)(v), to do any of the following:

(1) Fish for, possess, or land multispecies finfish with or from a

vessel that has had the horsepower of such vessel or its replacement

upgraded or increased in excess of the limitations specified in

Sec. 651.4(b)(4) or Sec. 651.4(b)(5).

(2) Fish for, possess, or land multispecies finfish with or from a

vessel that has had the length, gross registered tonnage, or net

tonnage of such vessel or its replacement increased or upgraded in

excess of limitations specified in Sec. 651.4(b)(4) or

Sec. 651.4(b)(5).

(3) Combine, transfer, or consolidate DAS allocations.

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

more than the possession limit of regulated species specified in

Sec. 651.27(c) after using up the vessel's annual DAS allocation or

when not participating under the DAS program pursuant to Sec. 651.22,

unless otherwise exempted under Secs. 651.22(b)(3) or 651.34.

(5) Possess or land per trip more than the possession limit

specified under Sec. 651.22(b)(3)(i) if the vessel has been issued a

limited access Small Vessel permit.

(6) Fail to comply with the restrictions on fishing and gear

specified in Sec. 651.22(b)(4) if the vessel has been issued a limited

access Hook-Gear permit.

(7) Fail to declare and be out of the multispecies fishery as

required by Sec. 651.22(g), using the procedure described under

Sec. 651.22(h), as applicable.

(8) Land, or possess on board a vessel, more than the possession

limit of winter flounder specified in Sec. 651.27(b), or violate any of

the other provisions specified in Sec. 651.27(b).

(9) If required to have a VTS unit specified in Sec. 651.28(a) or

Sec. 651.29(a):

f the multispecies fishery as

required by Sec. 651.22(g), using the procedure described under

Sec. 651.22(h), as applicable.

(8) Land, or possess on board a vessel, more than the possession

limit of winter flounder specified in Sec. 651.27(b), or violate any of

the other provisions specified in Sec. 651.27(b).

(9) If required to have a VTS unit specified in Sec. 651.28(a) or

Sec. 651.29(a):

(i) Fail to have a certified, operational, and functioning VTS unit

that meets the specifications of Sec. 651.28(a) on board the vessel at

all times.

(ii) Fail to comply with the notification, replacement, or any

other requirements regarding VTS usage specified in Sec. 651.29(a).

(10) Fail to comply with any requirement regarding the DAS

notification specified in Sec. 651.29(a) or Sec. 651.29(b).

(11) Fail to comply with other notification requirements, including

a call-in system specified in Sec. 651.29(c), if required by the

Regional Director.

(12) Fail to provide notification of the beginning or ending of a

trip, as required under Sec. 651.29(b) and Sec. 651.29(d).

(c) In addition to the prohibitions specified in paragraph (a) of

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

vessel issued a Handgear permit under Sec. 651.4(c) to do any of the

following:

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

the possession limit of regulated species specified in Sec. 651.33(a),

unless the regulated species were harvested by a charter or party

vessel.

(2) Use, or possess on board, gear capable of harvesting

multispecies finfish other than rod and reel or handline while in

possession of, or fishing for, multispecies finfish.

(3) Possess or land multispecies finfish during the time period

specified in Sec. 651.33(a)(2).

regulated species specified in Sec. 651.33(a),

unless the regulated species were harvested by a charter or party

vessel.

(2) Use, or possess on board, gear capable of harvesting

multispecies finfish other than rod and reel or handline while in

possession of, or fishing for, multispecies finfish.

(3) Possess or land multispecies finfish during the time period

specified in Sec. 651.33(a)(2).

(d) In addition to the prohibitions specified in paragraph (a) of

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

vessel issued a Scallop Multispecies Possession Limit permit under

Sec. 651.4(c) to do any of the following:

(1) Possess or land more than the possession limit of regulated

species specified in Sec. 651.33(c).

(2) Possess or land regulated species when not fishing under a

scallop DAS.

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

of this chapter and the prohibitions specified in paragraphs (a)

through (d) of this section, it is unlawful for any person to do any of

the following:

(1) Fish for, possess, or land multispecies finfish unless: (i) The

multispecies finfish were being fished for or harvested by a vessel

issued a valid Federal multispecies permit under this part, or a letter

under Sec. 651.4(b)(7)(v), and the operator aboard such vessel was

issued an operator's permit under Sec. 651.5 and a valid permit is on

board the vessel;

(ii) The multispecies finfish were harvested by a vessel not issued

a Federal multispecies permit that fishes for multispecies finfish

exclusively in state waters; or

(iii) The multispecies finfish were harvested by a recreational

fishing vessel.

c. 651.4(b)(7)(v), and the operator aboard such vessel was

issued an operator's permit under Sec. 651.5 and a valid permit is on

board the vessel;

(ii) The multispecies finfish were harvested by a vessel not issued

a Federal multispecies permit that fishes for multispecies finfish

exclusively in state waters; or

(iii) The multispecies finfish were harvested by a recreational

fishing vessel.

(2) Sell, barter, trade, or otherwise transfer, or attempt to sell,

barter, trade, or otherwise transfer, for a commercial purpose, any

multispecies finfish from a trip unless the vessel is issued a valid

Federal multispecies permit under this part, or a letter under

Sec. 651.4(b)(7)(v), and is not fishing under the charter/party

restrictions specified in Sec. 651.34(d), or unless the multispecies

finfish were harvested by a vessel that qualifies for the exception

specified in paragraph (e)(1)(ii) of this section.

(3) To be or act as an operator of a vessel fishing for or

possessing multispecies finfish in or from the EEZ, or issued a Federal

multispecies permit under this part, without having been issued and

possessing a valid operator's permit issued under Sec. 651.5.

(4) Purchase, possess, or receive for a commercial purpose, or

attempt to purchase, possess, or receive for a commercial purpose in

the capacity of a dealer, multispecies finfish taken from a fishing

vessel, unless in possession of a valid dealer permit issued under

Sec. 651.6; except that this prohibition does not apply to multispecies

finfish taken from a vessel that qualifies for the exception specified

in paragraph (e)(1)(ii) of this section.

se, or

attempt to purchase, possess, or receive for a commercial purpose in

the capacity of a dealer, multispecies finfish taken from a fishing

vessel, unless in possession of a valid dealer permit issued under

Sec. 651.6; except that this prohibition does not apply to multispecies

finfish taken from a vessel that qualifies for the exception specified

in paragraph (e)(1)(ii) of this section.

(5) Purchase, possess, or receive for a commercial purpose or

attempt to purchase, possess, or receive multispecies finfish caught by

a vessel other than one issued a valid Federal multispecies permit

under this part, or a letter under Sec. 651.4(b)(7)(v), unless the

multispecies finfish were harvested by a vessel that qualifies for the

exception specified in paragraph (e)(1)(ii) of this section.

(6) Land, offload, cause to be offloaded, sell, or transfer; or

attempt to land, offload, cause to be offloaded, sell, or transfer

multispecies finfish from a fishing vessel, whether on land or at sea,

as an owner or operator without accurately preparing and submitting, in

a timely fashion, the documents required by Sec. 651.7, unless the

multispecies finfish were harvested by a vessel that qualifies for the

exception specified in paragraph (e)(1)(ii) of this section.

(7) Purchase or receive multispecies finfish, or attempt to

purchase or receive multispecies finfish, whether on land or at sea, as

a dealer without accurately preparing, submitting in a timely fashion,

and retaining the documents required by Sec. 651.7.

(8) Possess or land fish caught with nets of mesh smaller than the

minimum size specified in Sec. 650.20 of this chapter, or with scallop

dredge gear, unless said fish are caught, possessed or landed in

accordance with Sec. 651.20, or unless the vessel qualifies for the

exception specified in paragraph (e)(1)(ii) of this section.

y fashion,

and retaining the documents required by Sec. 651.7.

(8) Possess or land fish caught with nets of mesh smaller than the

minimum size specified in Sec. 650.20 of this chapter, or with scallop

dredge gear, unless said fish are caught, possessed or landed in

accordance with Sec. 651.20, or unless the vessel qualifies for the

exception specified in paragraph (e)(1)(ii) of this section.

(9) Fish with, use, or have on board, within the area described in

Sec. 651.20(a)(1) nets of mesh size smaller than the minimum mesh size

specified in Sec. 651.20(a)(2), except as provided in Sec. 651.20

(a)(3) through (a)(6), (a)(8), (a)(9), (e), (f) and (j), or unless the

vessel qualifies for the exception specified in paragraph (e)(1)(ii) of

this section.

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

northern shrimp, unless such shrimp were fished for or harvested by a

vessel meeting the requirements specified in Sec. 651.20(a)(3).

(11) Fish within the areas described in Sec. 651.20(a)(4) with nets

of mesh smaller than the minimum size specified in Sec. 651.20(a)(2),

unless the vessel is issued and possesses on board the vessel an

authorizing letter issued under Sec. 651.20(a)(4)(i).

(12) Violate any provisions of the Cultivator Shoals Whiting

Fishery specified in Sec. 651.20(a)(4).

(13) Fail to comply with the requirements of Sec. 651.20(a)(5).

(14) Fail to comply with the requirements of Sec. 651.20(a)(8).

(15) Fail to comply with the requirements of Sec. 651.20(a)(9).

(16) Fish with, use, or have available for immediate use within the

area described in Sec. 651.20(c)(1) nets of mesh size smaller than the

minimum size specified in Sec. 651.20(c)(2), except as provided in

Sec. 651.20(c)(3), (e), (f), and (j), or unless the vessel qualifies

for the exception specified in paragraph (e)(1)(ii) of this section.

comply with the requirements of Sec. 651.20(a)(9).

(16) Fish with, use, or have available for immediate use within the

area described in Sec. 651.20(c)(1) nets of mesh size smaller than the

minimum size specified in Sec. 651.20(c)(2), except as provided in

Sec. 651.20(c)(3), (e), (f), and (j), or unless the vessel qualifies

for the exception specified in paragraph (e)(1)(ii) of this section.

(17) Fish with, use, or have available for immediate use within the

area described in Sec. 651.20(d)(1) nets of mesh size smaller than the

minimum size specified in Sec. 651.20(d)(2), except as provided in

Sec. 651.20(d)(3), Sec. 651.20(e), Sec. 651.20(f), and Sec. 651.20(j),

or unless the vessel qualifies for the exception specified in paragraph

(e)(1)(ii) of this section.

(18) Fish for the species specified in Sec. 651.20 (e) or (f) with

a net of mesh size smaller than the applicable mesh size specified in

Sec. 651.20(a)(2), Sec. 651.20(c)(2) or Sec. 651.20(d)(2), or possess

or land such species, unless the vessel is in compliance with the

requirements specified in Sec. 651.20(e) or Sec. 651.20(f), or unless

the vessel qualifies for the exception specified in paragraph

(e)(1)(ii) of this section.

(19) Obstruct or constrict a net as described in Sec. 651.20(h)(1)

and Sec. 651.20(2).

(20) Fish for, land, or possess multispecies finfish harvested by

means of pair trawling or with pair trawl gear, except under the

provisions of Sec. 651.20(e), or unless the vessels that engaged in

pair trawling qualify for the exception specified in paragraph

ed in paragraph

(e)(1)(ii) of this section.

(19) Obstruct or constrict a net as described in Sec. 651.20(h)(1)

and Sec. 651.20(2).

(20) Fish for, land, or possess multispecies finfish harvested by

means of pair trawling or with pair trawl gear, except under the

provisions of Sec. 651.20(e), or unless the vessels that engaged in

pair trawling qualify for the exception specified in paragraph

(e)(1)(ii) of this section.

(21) Violate any of the restrictions on fishing with scallop dredge

gear specified in Sec. 651.20(i).

(22) Violate any of the provisions of Sec. 651.20(j).

(23) Enter or be in the area described in Sec. 651.21(a)(1) on a

fishing vessel, except as provided in Sec. 651.21(a)(2) and

Sec. 651.21(d).

(24) Enter or be in the area described in Sec. 651.21(b)(1) on a

fishing vessel, except as provided in Sec. 651.21(b)(2).

(25) Enter or be in the area described in Sec. 651.21(c)(1), on a

fishing vessel, except as provided in Sec. 651.21(c)(2) and

Sec. 651.21(d).

(26) Enter or be on a fishing vessel, or fail to remove gear from

the EEZ portion of the areas described in Sec. 651.21(f)(1) through

Sec. 651.21(h)(1), during the time period specified, except as provided

in Sec. 651.21(d), Sec. 651.21(f)(2), Sec. 651.21(g)(2), and

Sec. 651.21(h)(2).

(27) Import, export, transfer, land, buy, sell or possess regulated

species smaller than the minimum sizes specified in Sec. 651.23, unless

the regulated species were harvested from a vessel that qualifies for

the exception specified in paragraph (e)(1)(ii) of this section.

(28) Violate any terms of a letter authorizing experimental fishing

pursuant to Sec. 651.24 or fail to keep such letter on board the vessel

during the period of the experiment.

(29) Fail to comply with the gear-marking requirements of

Sec. 651.25.

(30) Purchase, possess, or receive as a dealer, or in the capacity

of a dealer, fish in excess of the possession limits specified for

vessels issued a Federal multispecies permit.

authorizing experimental fishing

pursuant to Sec. 651.24 or fail to keep such letter on board the vessel

during the period of the experiment.

(29) Fail to comply with the gear-marking requirements of

Sec. 651.25.

(30) Purchase, possess, or receive as a dealer, or in the capacity

of a dealer, fish in excess of the possession limits specified for

vessels issued a Federal multispecies permit.

(31) Tamper with, damage, destroy, alter, or in any way distort,

render useless, inoperative, ineffective, or inaccurate the VTS, VTS

unit, or VTS signal required to be installed on or transmitted by

vessel owners or operators required to use a VTS by this part.

(32) Violate any provision of Sec. 651.29.

(33) Land, offload, remove, or otherwise transfer, or attempt to

land, offload, remove or otherwise transfer multispecies finfish from

one vessel to another vessel, unless both vessels qualify under the

exception specified in paragraph (e)(1)(ii) of this section, or unless

authorized in writing by the Regional Director pursuant to

Sec. 651.30(a).

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

interfere with a NMFS-approved observer aboard a vessel.

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

officer or employee of NMFS, concerning the taking, catching,

harvesting, landing, purchase, sale, or transfer of any multispecies

finfish.

(36) Make any false statement in connection with an application

under Sec. 651.4 or Sec. 651.5 or on any report required to be

submitted or maintained under Sec. 651.7.

(37) Interfere with, obstruct, delay, or prevent by any means a

lawful investigation or search relating to the enforcement of this

part.

atching,

harvesting, landing, purchase, sale, or transfer of any multispecies

finfish.

(36) Make any false statement in connection with an application

under Sec. 651.4 or Sec. 651.5 or on any report required to be

submitted or maintained under Sec. 651.7.

(37) Interfere with, obstruct, delay, or prevent by any means a

lawful investigation or search relating to the enforcement of this

part.

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

of this chapter and the prohibitions specified in paragraphs (a)

through (e) of this section, it is unlawful for the owner or operator

of a charter or party boat issued a permit under Sec. 651.4, or of a

recreational vessel, as applicable, to:

(1) Fish with gear in violation of the restrictions specified in

Sec. 651.34(a).

(2) Possess regulated species smaller than the minimum sizes

specified in Sec. 651.34(b).

(3) Possess cod and haddock in excess of the possession limits

specified in Sec. 651.34(c).

(4) Sell, trade, barter, or otherwise transfer, or attempt to sell,

trade, barter or otherwise transfer, multispecies finfish for a

commercial purpose as specified in Sec. 651.34(d).

(g) It is unlawful to violate any other provision of this part, the

Magnuson Act, or any regulation or permit issued under the Magnuson

Act.

(h) Presumption. The possession for sale of regulated species that

do not meet the minimum sizes specified in Sec. 651.23 will be prima

facie evidence that such regulated species were taken or imported in

violation of these regulations. Evidence that such fish were harvested

by a vessel not issued a permit under this part and fishing exclusively

within state waters will be sufficient to rebut the presumption. This

presumption does not apply to fish being sorted on deck.

5. In Sec. 651.20, paragraph (a)(9) is added and paragraphs (a)(2),

(a)(3)(i)(B), (a)(4)(i)(E), (a)(6)(iii)(C), (a)(7), the introductory

text of paragraph (a)(8) preceding the tables, paragraphs (a)(8)(i),

l not issued a permit under this part and fishing exclusively

within state waters will be sufficient to rebut the presumption. This

presumption does not apply to fish being sorted on deck.

5. In Sec. 651.20, paragraph (a)(9) is added and paragraphs (a)(2),

(a)(3)(i)(B), (a)(4)(i)(E), (a)(6)(iii)(C), (a)(7), the introductory

text of paragraph (a)(8) preceding the tables, paragraphs (a)(8)(i),

(a)(8)(iii)(B), (c)(1), (c)(2), (c)(3)(ii), (c)(5), (d), (e)(2),

(f)(2), (i), (j) introductory text and (j)(7) are revised to read as

follows:

Sec. 651.20 Regulated mesh areas and restrictions on gear and methods

of fishing.

* * * * *

(a) * * *

(2) Gear restrictions. (i) Except as provided in paragraphs

(a)(2)(iii) and (j) of this section, and unless otherwise restricted

under paragraphs (a)(2)(ii) and (a)(5) of this section, the minimum

mesh size for any trawl net, sink gillnet, Scottish seine, mid-water

trawl, or purse seine, on a vessel, or used by a vessel fishing under a

DAS in the multispecies DAS program in the GOM/GB regulated mesh area,

shall be 6 inches (15.24 cm) square or diamond mesh throughout the

entire net. This restriction does not apply to nets or pieces of nets

smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81 m2)), or

to vessels that have not been issued a Federal multispecies permit

under Sec. 651.4 and that are fishing exclusively in state waters.

(ii) Large Mesh vessels. When fishing in the GOM/GB regulated mesh

area, the minimum mesh size for any sink gillnet on a vessel, or used

by a vessel, fishing under a DAS in the Large Mesh DAS program

specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh

throughout the entire net. The minimum

tispecies permit

under Sec. 651.4 and that are fishing exclusively in state waters.

(ii) Large Mesh vessels. When fishing in the GOM/GB regulated mesh

area, the minimum mesh size for any sink gillnet on a vessel, or used

by a vessel, fishing under a DAS in the Large Mesh DAS program

specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh

throughout the entire net. The minimum

mesh size for any trawl net on a vessel, or used by a vessel, fishing

under a DAS in the Large Mesh DAS program shall be 8-inch (20.32-cm)

diamond mesh throughout the entire net. This restriction does not apply

to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9

sq. ft (0.81 m)), or to vessels that have not been issued a Federal

multispecies permit under Sec. 651.4 and that are fishing exclusively

in state waters.

(iii) Other gear and mesh exemptions. The minimum mesh size for any

trawl net, sink gillnet, Scottish seine, mid-water trawl, or purse

seine, on a vessel, or used by a vessel, when not fishing under the

multispecies DAS program and when fishing in the GOM/GB regulated mesh

area, is provided for under the exemptions specified in paragraphs

(a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (e), (f), (i), and (j) of this

section. Vessels that are not fishing in one of these exemption

programs, with exempted gear (as defined under this part), or under the

Scallop state waters exemption program specified in Sec. 650.27 of this

chapter, or under a multispecies DAS are prohibited from fishing in the

GOM/GB regulated mesh area.

(3) * * *

aphs

(a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (e), (f), (i), and (j) of this

section. Vessels that are not fishing in one of these exemption

programs, with exempted gear (as defined under this part), or under the

Scallop state waters exemption program specified in Sec. 650.27 of this

chapter, or under a multispecies DAS are prohibited from fishing in the

GOM/GB regulated mesh area.

(3) * * *

(i) * * *

(B) The following may be retained, with the restrictions noted, as

allowable bycatch species in the northern shrimp fishery as described

in this section: Longhorn sculpin; up to two standard totes of silver

hake (whiting); 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 two hundred lobsters, whichever

is less.

* * * * *

(4) * * *

(i) * * *

(E) The following may be retained, with the restrictions noted, as

allowable bycatch species in the Cultivator Shoal whiting fishery

exemption area as described in this section: 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 two hundred lobsters, whichever is less.

* * * * *

(6) * * *

(iii) * * *

(C) Vessels may not fish for, possess on board, or land any species

of fish except when fishing in the areas specified in paragraphs

(a)(4), (a)(9), (c) and (d) of this section. Vessels may retain

exempted small mesh species as provided in paragraphs (a)(4)(i),

to 10 percent by weight of all other

species on board or two hundred lobsters, whichever is less.

* * * * *

(6) * * *

(iii) * * *

(C) Vessels may not fish for, possess on board, or land any species

of fish except when fishing in the areas specified in paragraphs

(a)(4), (a)(9), (c) and (d) of this section. Vessels may retain

exempted small mesh species as provided in paragraphs (a)(4)(i),

(a)(9)(i), (c)(3) and (d)(3), of this section.

(7) Addition or deletion of exemptions. (i) An exemption may be

added in an existing fishery for which there is sufficient data or

information to ascertain the amount of regulated species bycatch, if

the Regional Director, after consultation with the Council, determines

that the percentage of regulated species caught as bycatch is, or can

be reduced to, less than 5 percent by weight of total catch and that

such exemption will not jeopardize fishing mortality objectives. In

determining whether exempting a fishery may jeopardize meeting fishing

mortality objectives, the Regional Director may take into consideration

factors such as, but not limited to, juvenile mortality. A fishery can

be defined, restricted or allowed by area, gear, season, or other means

determined to be appropriate to reduce bycatch of regulated species. An

existing exemption may be deleted or modified if the Regional Director

determines that the catch of regulated species is equal to or greater

than 5 percent by weight of total catch, or that continuing the

exemption may jeopardize meeting fishing mortality objectives.

Notification of additions, deletions or modifications will be made

through publication of a rule in the Federal Register.

. An

existing exemption may be deleted or modified if the Regional Director

determines that the catch of regulated species is equal to or greater

than 5 percent by weight of total catch, or that continuing the

exemption may jeopardize meeting fishing mortality objectives.

Notification of additions, deletions or modifications will be made

through publication of a rule in the Federal Register.

(ii) The Council may recommend to the Regional Director, through

the framework procedure specified in Sec. 651.40(b), additions or

deletions to exemptions for fisheries either existing or proposed for

which there may be insufficient data or information for the Regional

Director to determine, without public comment, percentage catch of

regulated species.

(iii) The Regional Director may, using the process described in

either paragraphs (a)(7) (i) or (ii) of this section, authorize an

exemption for a white hake fishery by vessels using regulated mesh or

hook gear. Determination of the percentage of regulated species caught

in such fishery shall not include white hake.

(iv) Restrictions on exempted fisheries. Exempted fisheries

authorized under this paragraph are subject, at minimum, to the

following restrictions:

(A) With the exception of fisheries authorized under paragraph

(a)(7)(iii) of this section, possession of regulated species will be

prohibited.

(B) Possession of monkfish or monkfish parts will be limited to 10

percent by weight of all other species on board.

(C) Possession of lobsters will be limited to 10 percent by weight

of all other species on board or 200 lobsters, whichever is less.

(D) Possession of skate or skate parts in the SNE regulated mesh

area will be limited to 10 percent by weight of all other species on

board.

ed.

(B) Possession of monkfish or monkfish parts will be limited to 10

percent by weight of all other species on board.

(C) Possession of lobsters will be limited to 10 percent by weight

of all other species on board or 200 lobsters, whichever is less.

(D) Possession of skate or skate parts in the SNE regulated mesh

area will be limited to 10 percent by weight of all other species on

board.

(8) Small Mesh Area 1/Small Mesh Area 2. Fisheries using nets of

mesh smaller than the minimum size specified in paragraph (a)(2) of

this section in subareas described as Small Mesh Area 1 and Small Mesh

Area 2 of the Small Mesh Exemption Area as specified under paragraph

(a)(3) of this section, and defined in this paragraph (a)(8), have been

found to meet the exemption qualification requirements specified in

paragraph (a)(7) of this section. Therefore, vessels subject to the

mesh restrictions specified in paragraph (a)(2) of this section may

fish with or possess nets of mesh smaller than the minimum size

specified in paragraph (a)(2) of this section in these areas, if the

vessel complies with the restrictions specified in paragraphs (a)(8)(i)

through (iii) of this section. These subareas are defined by straight

lines connecting the following points in the order stated (see Figure 4

to part 651):

* * * * *

(i) The fishing season is from July 15 through October 31 when

fishing under the exemption in Small Mesh Area 1.

* * * * *

(iii) * * *

(B) Allowable bycatch. Vessels fishing for the exempted species

identified in paragraph (a)(8)(iii)(A) of this section may also possess

and land the following species, with the restrictions noted, as

allowable bycatch species: 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 two hundred lobsters, whichever is less.

ecies

identified in paragraph (a)(8)(iii)(A) of this section may also possess

and land the following species, with the restrictions noted, as

allowable bycatch species: 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 two hundred lobsters, whichever is less.

(9) Nantucket Shoals dogfish fishery exemption area. The Nantucket

Shoals dogfish fishery as defined in this part has been found to meet

the exemption qualification requirements specified in paragraph (a)(7)

of this section. Therefore, vessels subject to the mesh restrictions

specified in paragraph (a)(2) of this section may fish with, use, or

possess nets of mesh smaller than the minimum size specified in

paragraph (a)(2) of this section in the Nantucket Shoals dogfish

fishery exemption area, if the vessel complies with the requirements

specified in paragraph (a)(9)(i) of this section. The Nantucket Shoals

dogfish fishery exemption area is defined by straight lines connecting

the following points in the order stated (see Figure 4 to part 651):

Nantucket Shoals Dogfish Exemption Area

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

Point Latitude Longitude

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

NS1............................. 41 deg.45' N 70 deg.00' W.

NS2............................. 41 deg.45' N 69 deg.20' W.

NS3............................. 41 deg.30' N 69 deg.20' W.

Cl1............................. 41 deg.30' N 69 deg.23' W.

NS5............................. 41 deg.26.5' N 69 deg.20' W.

NS6............................. 40 deg.50' W 69 deg.20' N.

NS7............................. 40 deg.50' W 70 deg.00' N.

NS1............................. 41 deg.45' N 70 deg.00' W.

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

30' N 69 deg.20' W.

Cl1............................. 41 deg.30' N 69 deg.23' W.

NS5............................. 41 deg.26.5' N 69 deg.20' W.

NS6............................. 40 deg.50' W 69 deg.20' N.

NS7............................. 40 deg.50' W 70 deg.00' N.

NS1............................. 41 deg.45' N 70 deg.00' W.

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

(i) Requirements. Vessels authorized to fish in this fishery must

have on board an authorizing letter issued by the Regional Director.

Vessels are subject to the following conditions:

(A) Authorized vessels may not fish for, possess on board or land

any species of fish other than dogfish except as provided under

paragraph (a)(9)(i)(D) of this section.

(B) Authorized vessels may fish under this exemption during the

season of June 1 through October 15.

(C) When transiting the GOM/GB regulated mesh area as specified

under paragraph (a)(1) of this section, any nets of mesh smaller than

the regulated mesh size specified in paragraph (a)(2) of this section,

must be stowed according to the provisions of paragraph (c)(4) of this

section.

(D) The following may be retained, with the restrictions noted, as

allowable bycatch species in the Nantucket Shoals dogfish fishery

exemption area as described in this section: Longhorn sculpin, up to

two standard totes of silver hake (whiting); monkfish and monkfish

parts up to 10 percent by weight of all other species on board;

American lobster up to 10 percent by weight of all other species on

board or two hundred lobsters, whichever is less; and skate or skate

parts up to 10 percent by weight of all other species on board.

(E) Authorized vessels must comply with any additional gear

restrictions specified in the authorization letter issued by the

Regional Director.

percent by weight of all other species on board;

American lobster up to 10 percent by weight of all other species on

board or two hundred lobsters, whichever is less; and skate or skate

parts up to 10 percent by weight of all other species on board.

(E) Authorized vessels must comply with any additional gear

restrictions specified in the authorization letter issued by the

Regional Director.

(ii) Sea Sampling. The Regional Director may conduct periodic sea

sampling to determine if there is a need to change the area or season

designation, and to evaluate the bycatch of regulated species.

* * * * *

(c) Southern New England regulated mesh area. (1) Area definition.

The Southern New England regulated mesh area is that area bounded on

the east by straight lines connecting the following points in the order

stated (see Figure 1 part 651):

Southern New England Regulated Mesh Area

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

Point Latitude Longitude

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

G5............................. 41 deg.18.6' N 66 deg.24.8' W.

G6............................. 40 deg.55.5' N 66 deg.38' W.

G7............................. 40 deg.45.5' N 68 deg.00' W.

G8............................. 40 deg.37' N 68 deg.00' W.

G9............................. 40 deg.30.5' N 69 deg.00' W.

NL3............................ 40 deg.22.7' N 69 deg.00' W.

NL2............................ 40 deg.18.7' N 69 deg.40' W.

NL1............................ 40 deg.50' N 69 deg.40' W.

G11............................ 40 deg.50' N 70 deg.00' W.

G12............................ ................... 70 deg.00' W.\1\

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

\1\ Northward to its intersection with the shoreline of mainland

Massachusetts; and on the west by the eastern boundary of the Mid-

Atlantic regulated mesh area.

(2) Gear restrictions. (i) Except as provided in paragraphs

40 deg.50' N 70 deg.00' W.

G12............................ ................... 70 deg.00' W.\1\

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

\1\ Northward to its intersection with the shoreline of mainland

Massachusetts; and on the west by the eastern boundary of the Mid-

Atlantic regulated mesh area.

(2) Gear restrictions. (i) Except as provided in paragraphs

(c)(2)(iii) and (j) of this section, and unless otherwise restricted

under paragraph (c)(2)(ii) of this section, the minimum mesh size for

any trawl net, sink gillnet, Scottish seine, purse seine or mid-water

trawl, in use, or available for immediate use as described under

paragraph (c)(4) of this section, by a vessel fishing under a DAS in

the multispecies DAS program in the Southern New England (SNE)

regulated mesh area, shall be 6 inches (15.24 cm) square or diamond

mesh throughout the entire net. This restriction does not apply to

vessels that have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters.

(ii) Large Mesh vessels. When fishing in the SNE regulated mesh

area, the minimum mesh size for any sink gillnet on a vessel, or used

by a vessel, fishing under a DAS in the Large Mesh DAS program

specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh

throughout the entire net. The minimum mesh size for any trawl net on a

vessel, or used by a vessel, fishing under a DAS in the Large Mesh DAS

program shall be 8-inch (20.32-cm) diamond mesh throughout the entire

net. This restriction does not apply to nets or pieces of nets smaller

than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81 m2)), or to

vessels that have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters.

r used by a vessel, fishing under a DAS in the Large Mesh DAS

program shall be 8-inch (20.32-cm) diamond mesh throughout the entire

net. This restriction does not apply to nets or pieces of nets smaller

than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81 m2)), or to

vessels that have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters.

(iii) Other gear and mesh exemptions. The minimum mesh size for any

trawl net, sink gillnet, Scottish seine, mid-water trawl, or purse

seine, in use, or available for immediate use as described under

paragraph (c)(4) of this section, by a vessel when not fishing under

the multispecies DAS program and when fishing in the SNE regulated mesh

area, is provided for under the exemptions specified in paragraphs

(c)(3), (e), (f), (i), and (j) of this section. Vessels that are not

fishing in one of these exemption programs, with exempted gear (as

defined under this part), or under the Scallop state waters exemption

program specified in Sec. 650.27 of this chapter, or under a

multispecies DAS are prohibited from fishing in the SNE regulated mesh

area.

(3) * * *

(ii) Possession and net stowage requirements. Vessels may possess

regulated species while in possession of nets with mesh smaller than

the minimum size specified in paragraph (c)(2)(i) of this section,

provided that the nets are stowed and are not available for immediate

use in accordance with paragraph (c)(4) of this section, and provided

that regulated species were not harvested by nets of mesh size smaller

than the minimum mesh size specified in paragraph (c)(2)(i) of this

section

ossession of nets with mesh smaller than

the minimum size specified in paragraph (c)(2)(i) of this section,

provided that the nets are stowed and are not available for immediate

use in accordance with paragraph (c)(4) of this section, and provided

that regulated species were not harvested by nets of mesh size smaller

than the minimum mesh size specified in paragraph (c)(2)(i) of this

section. Vessels fishing for the exempted species identified in

paragraph (c)(3)(i) of this section may also possess and retain the

following species, with the restrictions noted, as incidental take to

these exempted fisheries: Conger eels; searobins; black sea bass; red

hake; tautog (blackfish); blowfish (puffer); cunner; John Dory; mullet;

bluefish; tilefish; longhorn sculpin; fourspot flounder; alewife;

hickory shad; American shad; blueback herring; sea ravens; Atlantic

croaker; spot; swordfish; monkfish and monkfish parts up to 10 percent

by weight of all other species on board; American lobster up to 10

percent by weight of all other species on board or two hundred

lobsters, whichever is less; and skate and skate parts up to 10 percent

by weight of all other species on board.

* * * * *

(5) Addition or deletion of exemptions. An exemption may be added,

deleted or modified pursuant to the procedure described in paragraph

(a)(7) of this section.

(d) Mid-Atlantic regulated mesh area. (1) Area definition. The Mid-

Atlantic (MA) regulated mesh area is that area bounded on the east by a

line running from the Rhode Island shoreline along 71 deg.47.5' W.

long. to its intersection with the 3 nautical mile line, south along

the 3 nautical mile line to Montauk Point, southwesterly along the 3

nautical mile line to the intersection of 72 deg.30' W. long., and

south along that line to the intersection of the outer boundary of the

EEZ (see Figure 1 to part 651).

ed on the east by a

line running from the Rhode Island shoreline along 71 deg.47.5' W.

long. to its intersection with the 3 nautical mile line, south along

the 3 nautical mile line to Montauk Point, southwesterly along the 3

nautical mile line to the intersection of 72 deg.30' W. long., and

south along that line to the intersection of the outer boundary of the

EEZ (see Figure 1 to part 651).

(2) Gear restrictions. (i) Except as provided in paragraphs (d)(3)

and (j) of this section, and unless otherwise restricted under

paragraph (d)(2)(ii) of this section, the minimum mesh size for

any trawl net, sink gillnet, Scottish seine, purse seine or mid-water

trawl, in use, or available for immediate use as described under

paragraph (c)(4) of this section, by a vessel fishing under a DAS in

the multispecies DAS program in the MA regulated mesh area shall be

that specified in the summer flounder regulations at Sec. 625.24(a) of

this chapter. This restriction does not apply to vessels that have not

been issued a Federal multispecies permit under Sec. 651.4 and that are

fishing exclusively in state waters.

(ii) Large mesh vessels. When fishing in the MA regulated mesh

area, the minimum mesh size for any sink gillnet on a vessel, or used

by a vessel, fishing under a DAS in the Large Mesh DAS program

specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh

throughout the entire net. The minimum mesh size for any trawl net on a

vessel, or used by a vessel, fishing under a DAS in the Large Mesh DAS

program shall be 8-inch (20.32-cm) diamond mesh throughout the net.

This restriction does not apply to nets or pieces of nets smaller than

3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81 m2)), or to vessels

that have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters.

ssel, or used by a vessel, fishing under a DAS in the Large Mesh DAS

program shall be 8-inch (20.32-cm) diamond mesh throughout the net.

This restriction does not apply to nets or pieces of nets smaller than

3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81 m2)), or to vessels

that have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters.

(3) Exemptions. Vessels in the MA regulated mesh area may fish with

or possess nets of mesh size smaller than the minimum size specified in

paragraph (d)(2) of this section provided that they do not possess or

land multispecies finfish, except as provided in Sec. 651.27(b).

(ii) Net stowage exemption. Vessels may possess regulated species

while in possession of nets with mesh smaller than the minimum size

specified in paragraph (d)(2)(i) of this section, provided that the

nets are stowed and are not available for immediate use in accordance

with paragraph (c)(4) of this section, and provided that regulated

species were not harvested by nets of mesh size smaller than the

minimum mesh size specified in paragraph (d)(2)(i) of this section.

(4) Additional exemptions. The Regional Director may, using the

process described in either (a)(7)(i) or (a)(7)(ii), authorize an

exemption for a white hake fishery by vessels using regulated mesh or

hook gear. Determination of the percentage of regulated species caught

in such a fishery shall not include white hake.

(e) * * *

(2) When fishing under this exemption in the GOM/GB Regulated Mesh

Area vessels must have on board an authorizing letter issued by the

Regional Director;

* * * * *

(f) * * *

(2) When fishing under this exemption in the GOM/GB Regulated Mesh

Area vessels must have on board an authorizing letter issued by the

Regional Director;

* * * * *

such a fishery shall not include white hake.

(e) * * *

(2) When fishing under this exemption in the GOM/GB Regulated Mesh

Area vessels must have on board an authorizing letter issued by the

Regional Director;

* * * * *

(f) * * *

(2) When fishing under this exemption in the GOM/GB Regulated Mesh

Area vessels must have on board an authorizing letter issued by the

Regional Director;

* * * * *

(i) Scallop vessels. (1) Except as provided in paragraph (i)(2) of

this section, scallop vessels that possess a limited access permit

under Sec. 650.4 of this chapter, and that are fishing under the

scallop DAS program described in Sec. 650.24, may possess and land up

to 300 lb (136.1 kg) of regulated species, unless otherwise restricted

pursuant to Sec. 651.27(a)(2).

(2) Combination vessels fishing under a multispecies DAS are

subject to the gear restrictions specified in Sec. 651.20 and may

possess and land unlimited amounts of regulated species. Such vessels

may simultaneously fish under a scallop DAS.

(j) State waters winter flounder exemption. Any vessel issued a

Federal limited access multispecies permit under this part may fish

for, possess, or land winter flounder while fishing with nets of mesh

smaller than the minimum size specified in paragraphs (a)(2), (c)(2),

and (d)(2) of this section provided that:

* * * * *

(7) The vessel, when not fishing under the DAS program, does not

fish for, possess, or land more than 500 lb (226.8 kg) of winter

flounder;

* * * * *

6. In Sec. 651.21, paragraphs (a)(2)(i), (b)(2)(i), (c)(2)(i), (d)

and (e) introductory text are revised, and paragraphs (f), (g), and (h)

are added to read as follows:

Sec. 651.21 Closed areas.

(a) * * *

(2) * * *

(i) Fishing with or using pot gear designed and used to take

lobsters, or pot gear designed and used to take hagfish, and that have

no other gear on board capable of catching multispecies finfish; and

* * * * *

(b) * * *

(2) * * *

2)(i), (d)

and (e) introductory text are revised, and paragraphs (f), (g), and (h)

are added to read as follows:

Sec. 651.21 Closed areas.

(a) * * *

(2) * * *

(i) Fishing with or using pot gear designed and used to take

lobsters, or pot gear designed and used to take hagfish, and that have

no other gear on board capable of catching multispecies finfish; and

* * * * *

(b) * * *

(2) * * *

(i) Fishing with or using pot gear designed and used to take

lobsters, or pot gear designed and used to take hagfish, and that have

no other gear on board capable of catching multispecies finfish;

* * * * *

(c) * * *

(2) * * *

(i) Fishing with or using pot gear designed and used to take

lobsters, or pot gear designed and used to take hagfish, and that have

no other gear on board capable of catching multispecies finfish;

* * * * *

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

Lightship Closed Area, the Northeast Closure Area, the Mid-coast

Closure Area, and the Massachusetts Bay Closure Area, as defined in

paragraphs (a)(1), (c)(1), (f)(1), (g)(1) and (h)(1), respectively, of

this section, provided that their gear is stowed in accordance with the

provisions of paragraph (e) of this section.

(e) Gear stowage requirements. Vessels transiting the closed areas

must stow their gear as follows:

* * * * *

(f) Northeast Closure Area. (1) During the period August 15 through

September 13, no fishing vessel or person on a fishing vessel may

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

multispecies finfish, unless otherwise allowed in this part may be, in

the area known as the Northeast Closure Area (Figure 3 to part 651), as

defined by straight lines connecting the following points in the order

stated, except as specified in paragraphs (d) and (f)(2) of this

section:

shing vessel or person on a fishing vessel may

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

multispecies finfish, unless otherwise allowed in this part may be, in

the area known as the Northeast Closure Area (Figure 3 to part 651), as

defined by straight lines connecting the following points in the order

stated, except as specified in paragraphs (d) and (f)(2) of this

section:

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

Point Latitude Longitude

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

NE1............................ Maine 68 deg.55.0' W.

shoreline

NE2............................ 43 deg.29.6' N 68 deg.55.0' W.

NE3............................ 44 deg.04.4' N 67 deg.48.7' W.

NE4............................ 44 deg.06.9' N 67 deg.52.8' W.

NE5............................ 44 deg.31.2' N 67 deg.02.7' W.

NE6............................ Maine 67 deg.02.7' W.

shoreline

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

(2) Exceptions. Paragraph (f)(1) of this section does not apply to

persons on fishing vessels or fishing vessels:

(i) That have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters;

(ii) Fishing with or using exempted gear as defined under this

part, excluding mid-water trawl gear, provided that there is no other

gear on board capable of catching multispecies finfish; and

(iii) Classified as charter, party, or recreational.

s or fishing vessels:

(i) That have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters;

(ii) Fishing with or using exempted gear as defined under this

part, excluding mid-water trawl gear, provided that there is no other

gear on board capable of catching multispecies finfish; and

(iii) Classified as charter, party, or recreational.

(g) Mid-coast Closure Area. (1) During the period November 1

through December 31, no fishing vessel or person on a fishing vessel

may enter, fish, or be, and no fishing gear capable of catching

multispecies finfish unless otherwise allowed in this part may be,

in the area known as the Mid-coast Closure Area (Figure 3 to part 651),

as defined by straight lines connecting the following points in the

order stated, except as specified in paragraphs (d) and (g)(2) of this

section:

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

Point Latitude Longitude

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

MC1........................... 42 deg.30'N Massachusetts

shoreline.

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

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

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

MC5........................... 43 deg.00'N 70 deg.00'W.

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

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

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

MC9........................... Maine 69 deg.00'W.

shoreline

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

(2) Exceptions. Paragraph (g)(1) of this section does not apply to

persons on fishing vessels or fishing vessels:

....... 43 deg.00'N 69 deg.30'W.

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

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

MC9........................... Maine 69 deg.00'W.

shoreline

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

(2) Exceptions. Paragraph (g)(1) of this section does not apply to

persons on fishing vessels or fishing vessels:

(i) That have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters;

(ii) Fishing with or using exempted gear as defined under this

part, excluding mid-water trawl gear, provided that there is no other

gear on board capable of catching multispecies finfish; and

(iii) Classified as charter, party, or recreational.

(h) Massachusetts Bay Closure Area. (1) During the period March 1

through March 30, no fishing vessel or person on a fishing vessel may

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

multispecies finfish, unless otherwise allowed in this part may be, in

the area known as the Massachusetts Bay Closure Area (Figure 3 to part

651), 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:

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

Point Latitude Longitude

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

MB1............................ 42 deg.30' N Massachusetts

shoreline.

MB2............................ 42 deg.30' N 70 deg.30' W.

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

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

MB5............................ Cape Cod 70 deg.00' W.

shoreline

MB6............................ 42 deg.00' N Cape Cod

shoreline.

MB7............................ 42 deg.00' N Massachusetts

shoreline.

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

B3............................ 42 deg.12' N 70 deg.30' W.

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

MB5............................ Cape Cod 70 deg.00' W.

shoreline

MB6............................ 42 deg.00' N Cape Cod

shoreline.

MB7............................ 42 deg.00' N Massachusetts

shoreline.

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

(2) Exceptions. Paragraph (h)(1) of this section does not apply to

persons on fishing vessels or fishing vessels:

(i) That have not been issued a Federal multispecies permit under

Sec. 651.4 and that are fishing exclusively in state waters;

(ii) Fishing with or using exempted gear as defined under this

part, excluding mid-water trawl gear, provided that there is no other

gear on board capable of catching multispecies finfish; and

(iii) Classified as charter, party, or recreational.

7. Section 651.22 is revised to read as follows:

Sec. 651.22 Effort-control program for limited access vessels.

(a) A limited access multispecies vessel issued a permit under

Sec. 651.4(b) may not fish for, possess or land regulated species

except during a DAS as allocated under and in accordance with the

applicable DAS program described below, unless otherwise provided in

these regulations.

(b) DAS program--Permit categories, allocations and initial

assignments to categories. Beginning with the 1996 fishing year, all

limited access multispecies permit holders shall be assigned to one of

the following DAS permit categories according to the criteria

specified. Permit holders may request a change in permit category for

the 1996 fishing year and all fishing years thereafter as specified in

Sec. 651.4(f)(3). Each fishing year shall begin on May 1 and extend

through April 30 of the following year.

ng year, all

limited access multispecies permit holders shall be assigned to one of

the following DAS permit categories according to the criteria

specified. Permit holders may request a change in permit category for

the 1996 fishing year and all fishing years thereafter as specified in

Sec. 651.4(f)(3). Each fishing year shall begin on May 1 and extend

through April 30 of the following year.

(1) Individual DAS Category--(i) DAS allocation. Vessels fishing

under the Individual DAS category shall be allocated 65 percent of

their initial 1994 allocation baseline as established under Amendment 5

to the FMP for the 1996 fishing year and 50 percent of the vessel's

initial allocation baseline for the 1997 fishing year and beyond, as

calculated under paragraph (d)(1) of this section.

(ii) Initial assignment. All vessels issued valid Individual DAS

limited access multispecies permits, including vessels also issued

limited access multispecies Gillnet category permits, as of the

effective date of the final rule for Amendment 7, shall be initially

assigned to this category.

(2) Fleet DAS Category--(i) DAS allocation. Vessels fishing under

the Fleet DAS category shall be allocated 139 DAS for the 1996 fishing

year, and 88 DAS for the 1997 fishing year and beyond.

(ii) Initial assignment. As of the effective date of the final rule

for Amendment 7, vessels issued valid permits in one of the following

categories shall be initially assigned to this category: Fleet DAS

permit holders, including vessels also issued limited access

multispecies Gillnet category permits; limited access multispecies

Hook-Gear permit holders; limited access multispecies Gillnet permit

holders that have not also been issued a permit in a DAS permit

category; limited access multispecies 45 ft (13.7 m)

category permit holders that are larger than 20 ft (6.1 m) in length as

determined by the most recent permit application.

sued limited access

multispecies Gillnet category permits; limited access multispecies

Hook-Gear permit holders; limited access multispecies Gillnet permit

holders that have not also been issued a permit in a DAS permit

category; limited access multispecies 45 ft (13.7 m)

category permit holders that are larger than 20 ft (6.1 m) in length as

determined by the most recent permit application.

(3) Small vessel category--(i) DAS allocation. Vessels qualified

and electing to fish under the Small Vessel category may retain cod,

haddock, and yellowtail flounder, combined up to 300 lb (136.1 kg) per

trip without being subject to DAS restrictions. These vessels are not

subject to a possession limit for the other multispecies finfish.

(ii) Initial assignment. All vessels issued a valid limited access

multispecies permit and fishing under the Small boat exemption (less

than or equal to 45 ft (13.7 m)) permit as of the effective date of the

final rule for Amendment 7, and that are 20 ft (6.1 m) or less in

length as determined by the vessel's last application for a permit

shall be initially assigned to this category. Other vessels may elect

to change into this category as provided for in Sec. 651.4(f)(3) if

such vessel meets or complies with the following:

(A) The vessel is 30 ft (9.1 m) or less in length overall as

determined by measuring along a horizontal line drawn from a

perpendicular raised from the outside of the most forward portion of

the stem of the vessel to a perpendicular raised from the after most

portion of the stern;

(B) Vessels for which construction was begun after May 1, 1994,

must be constructed such that the quotient of the overall length

divided by the beam will not be less than 2.5; and

(C) Acceptable verification for vessels 20 ft (6.1 m) or less in

length shall be U.S. Guard documentation or state registration papers

the vessel to a perpendicular raised from the after most

portion of the stern;

(B) Vessels for which construction was begun after May 1, 1994,

must be constructed such that the quotient of the overall length

divided by the beam will not be less than 2.5; and

(C) Acceptable verification for vessels 20 ft (6.1 m) or less in

length shall be U.S. Guard documentation or state registration papers.

For vessels over 20 ft (6.1 m) in length, the measurement of length

must be verified in writing by a qualified marine surveyor, or the

builder, based on the boat's construction plans, or by other means

determined acceptable by the Regional Director. A copy of the

verification must accompany an application for a Federal multispecies

permit issued under Sec. 651.4.

(D) Adjustments to the small-boat category requirements, including

changes to the length requirement, if required to meet fishing

mortality goals, may be made following a reappraisal and analysis under

the framework provisions specified in subpart C of this part.

(4) Hook-Gear Category--(i) DAS allocation. Vessels issued a valid

limited access multispecies Hook-Gear permit shall be allocated 139 DAS

for the 1996 fishing year and 88 DAS for the 1997 fishing year and

beyond. A vessel fishing in this permit category under the DAS program

must meet or comply with the following while fishing for, in possession

of, or landing, regulated species:

(A) Vessels, and persons on such vessels, are prohibited from

possessing gear other than hook gear on board the vessel; and

(B) Vessels, and persons on such vessels, are prohibited from

fishing, setting, or hauling back, per day, or possessing on board the

vessel, more than 4,500 rigged hooks. An unbaited hook and gangion that

has not been secured to the ground line of the trawl on board a vessel

is deemed to be a replacement hook and is not counted toward the 4,500

hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it

is not rigged or baited.

hibited from

fishing, setting, or hauling back, per day, or possessing on board the

vessel, more than 4,500 rigged hooks. An unbaited hook and gangion that

has not been secured to the ground line of the trawl on board a vessel

is deemed to be a replacement hook and is not counted toward the 4,500

hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it

is not rigged or baited.

(ii) Initial assignment. No vessel shall be initially assigned to

the Hook-Gear category. Any vessel that meets the qualifications

specified in Sec. 651.4(b)(1) may apply for and obtain a permit to fish

under this category.

(5) Combination Vessel Category--(i) DAS allocation. Vessels

fishing under the Combination Vessel category shall be allocated 65

percent of their initial 1994 allocation baseline as established under

Amendment 5 to the FMP for the 1996 fishing year and 50 percent of the

vessel's initial allocation baseline for the 1997 fishing year and

beyond, as calculated under paragraph (d)(1) of this section.

(ii) Initial assignment. All vessels issued a valid limited access

multispecies permit qualified to fish as a Combination Vessel as of the

effective date of the final rule for Amendment 7 shall be assigned to

this category.

(6) Large Mesh DAS Category--(i) DAS allocation. Vessels fishing

under the Large Mesh DAS category shall be allocated 155 DAS for the

1996 fishing year, and 120 DAS for the 1997 fishing year and beyond. To

be eligible to fish under the Large Mesh DAS permit category a vessel

must fish with gillnet gear with a minimum mesh net of 7- inch (17.78-

cm) diamond or trawl gear with a minimum mesh size of 8-inch (20.32-cm)

diamond, as described under Sec. 651.20(a)(2)(ii), (c)(2)(ii), and

category shall be allocated 155 DAS for the

1996 fishing year, and 120 DAS for the 1997 fishing year and beyond. To

be eligible to fish under the Large Mesh DAS permit category a vessel

must fish with gillnet gear with a minimum mesh net of 7- inch (17.78-

cm) diamond or trawl gear with a minimum mesh size of 8-inch (20.32-cm)

diamond, as described under Sec. 651.20(a)(2)(ii), (c)(2)(ii), and

(d)(2)(ii).

(ii) Initial assignment. No vessel shall be initially assigned to

the Large Mesh DAS category. Any vessel that is initially assigned to

the Individual DAS, Fleet DAS, or Small Vessel permit category may

request and be granted a change in category into this category as

specified in Sec. 651.4(f)(3).

(c) 1996 DAS appeals. A vessel that was issued a valid 1995 limited

access multispecies permit and fishing under the Small boat exemption

(less than or equal to 45 ft (13.7 m)), Hook-Gear or Gillnet permit

categories, that elects to fish under the Individual DAS category, and

has not previously been allocated Individual DAS, is eligible to appeal

its allocation of DAS if it has not previously done so, as described

under paragraph (d)(2) of this section. Each of these vessel's initial

allocation of Individual DAS will be considered to be 176 for purposes

of this appeal (that is, the Fleet DAS category baseline prior to the

1996-1997 reductions).

(d) Individual DAS allocations--(1) Calculation of a vessel's

Individual DAS. The DAS assigned to a vessel for purposes of

determining that vessel's annual allocation under the Individual DAS

Program shall be calculated as follows:

llocation of Individual DAS will be considered to be 176 for purposes

of this appeal (that is, the Fleet DAS category baseline prior to the

1996-1997 reductions).

(d) Individual DAS allocations--(1) Calculation of a vessel's

Individual DAS. The DAS assigned to a vessel for purposes of

determining that vessel's annual allocation under the Individual DAS

Program shall be calculated as follows:

(i) Calculate the total number of the vessel's multispecies DAS for

the years 1988, 1989, and 1990. Multispecies DAS are deemed to be the

total number of days the vessel was absent from port for a trip where

greater than 10 percent of the vessel's total landings were comprised

of regulated species, minus any days for such trips in which a scallop

dredge was used;

(ii) Exclude the year of least multispecies DAS; and

(iii) If 2 years of multispecies DAS are remaining, average those

years' DAS, or, if only 1 year remains, use that year's DAS.

(2) Appeal of DAS allocation--(i) Appeal criteria. Initial

allocations of Individual DAS to those vessels authorized to appeal

under paragraph (c) of this section may be appealed to the Regional

Director if a request to appeal is received by the Regional Director no

later than July 31, 1996, or 30 days after the initial allocation is

made, whichever is later. Any such appeal must be in writing and be

based on one or more of the following grounds:

(A) The information used by the Regional Director was based on

mistaken or incorrect data;

(B) The applicant was prevented by circumstances beyond his/her

control from meeting relevant criteria; or

(C) The applicant has new or additional information.

(ii) The Regional Director will appoint a designee who will make an

initial decision on the written appeal.

(iii) If the applicant is not satisfied with the initial decision,

the applicant may request that the appeal be presented at a hearing

before an officer appointed by the Regional Director.

amaritan credit. Limited access vessels fishing under the

DAS program and that spend time at sea for one of the following

reasons, and that can document the occurrence through the U.S. Coast

Guard, will be credited for the time documented:

(1) Time spent assisting in a U.S. Coast Guard search and rescue

operation; or

(2) Time spent assisting the U.S. Coast Guard in towing a disabled

vessel.

(g) Spawning season restrictions. Vessels issued a valid Small

Vessel category permit under paragraph (b)(3) of this section may not

fish for, possess, or land regulated species between March 1 and March

20 of each year. All other vessels issued limited access permits must

declare out and be out of the regulated multispecies finfish fishery

for a 20-day period between March 1 and May 31 of each fishing year

using the notification requirements specified under Sec. 651.29. If a

vessel owner has not declared, or taken, the period of time required

between March 1 and May 31 of each fishing year on or before May 12 of

each such year, the vessel is prohibited from fishing for, possessing

or landing any regulated species during the period May 12 through May

31, inclusive.

(h) Declaring DAS and 20-day blocks. A vessel's owner or authorized

representative shall notify the Regional Director of a vessel's

participation in the DAS program and declaration of its 20-day spawning

period out of the multispecies fishery using the notification

requirements specified under Sec. 651.29.

(i) Adjustments in annual DAS allocations. Adjustments in annual

DAS allocations, if required to meet fishing mortality goals, may be

made following

a reappraisal and analysis as specified in subpart C of this part.

8. In Sec. 651.23, the introductory text of paragraph (a) and

paragraphs (d) and (e) are revised to read as follows:

Sec. 651.23 Minimum fish size.

specified under Sec. 651.29.

(i) Adjustments in annual DAS allocations. Adjustments in annual

DAS allocations, if required to meet fishing mortality goals, may be

made following

a reappraisal and analysis as specified in subpart C of this part.

8. In Sec. 651.23, the introductory text of paragraph (a) and

paragraphs (d) and (e) are revised to read as follows:

Sec. 651.23 Minimum fish size.

(a) Minimum fish sizes for recreational vessels and charter/party

vessels that are not fishing under a multispecies DAS are specified in

Sec. 651.34. All other vessels are subject to minimum fish sizes (total

length) as follows:

* * * * *

(d) Exception. (1) Each person aboard a vessel issued a limited

access permit and fishing under the DAS program may possess up to 25 lb

(11.3 kg) of fillets that measure less than the minimum size, if such

fillets are from legal-sized fish and are not offered or intended for

sale, trade, or barter.

(e) Adjustments of minimum size. (1) At anytime when information is

available, the Council will review the best available mesh selectivity

information to determine the appropriate minimum size for the species

listed in paragraph (a) of this section, except winter flounder,

according to the length at which 25 percent of the regulated species

would be retained by the applicable minimum mesh size.

(2) Upon determination of the appropriate minimum sizes, the

Council shall propose the minimum fish sizes to be implemented

following the procedures specified in subpart C of this part.

(3) Additional adjustments or changes to the minimum fish sizes

specified in paragraphs (a) and (b) of this section, and exemptions as

specified in paragraphs (a) and (b) of this section, and exemptions as

specified in paragraph (c) of this section, may be made at any time

after implementation of the final rule as specified under subpart C of

this part.

9. Section 651.27 is revised to read as follows:

Sec. 651.27 Additional possession limits on haddock and winter

flounder.

phs (a) and (b) of this section, and exemptions as

specified in paragraphs (a) and (b) of this section, and exemptions as

specified in paragraph (c) of this section, may be made at any time

after implementation of the final rule as specified under subpart C of

this part.

9. Section 651.27 is revised to read as follows:

Sec. 651.27 Additional possession limits on haddock and winter

flounder.

(a) Haddock--(1) Multispecies DAS vessels. A vessel issued a

limited access multispecies permit under this part that is fishing

under a multispecies DAS may land, or possess on board, up to 1000 lb

(453.6 kg) of haddock. 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.

(2) Scallop dredge vessels--(i) No person owning or operating a

scallop dredge vessel issued a permit under this part may land haddock

from, or possess haddock on board, a scallop dredge vessel, from

January 1 through June 30.

(ii) No person owning or operating a scallop dredge vessel without

a permit under this part may possess haddock in, or harvested from, the

EEZ, from January 1 through June 30.

(iii) From July 1 through December 31, no scallop dredge vessel or

persons owning or operating a scallop dredge vessel, that is fishing

under the scallop DAS program as described in Sec. 651.20(i), may land,

or possess on board, more than 300 lbs (136.1 kg) of haddock. 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.

1, no scallop dredge vessel or

persons owning or operating a scallop dredge vessel, that is fishing

under the scallop DAS program as described in Sec. 651.20(i), may land,

or possess on board, more than 300 lbs (136.1 kg) of haddock. 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.

(b) Winter flounder. A vessel issued a limited access permit under

this part that is fishing in the MA regulated mesh area and is not

fishing under a multispecies DAS, may land, or possess on board, winter

flounder up to 10 percent by weight of all other species on board or

200 lb (90.7 kg), whichever is less. Winter flounder 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 in

standard totes.

(c) Vessels are subject to any other applicable possession limit

restrictions of this part.

10. In Sec. 651.28, the heading and the first sentence of paragraph

(a), and paragraphs (b) and (c) are revised to read as follows:

Sec. 651.28 Monitoring requirements.

(a) Individual DAS limited access multispecies vessels. Unless

otherwise authorized or required by the Regional Director under

Sec. 651.29(b), vessel owners fishing under the Individual DAS program

and Combination Vessels must have installed on board an operational VTS

unit that meets the minimum performance criteria specified in paragraph

(a)(2) of this section, or as modified annually as specified in

paragraph (a)(1) of this section. * * *

(b) Fleet DAS and other limited access multispecies vessels.

Vessels issued limited access multispecies permits who are

participating in a DAS program and who are not required to provide

notification using a VTS shall be subject to the call-in requirements

specified in Sec. 651.29(b).

aph

(a)(2) of this section, or as modified annually as specified in

paragraph (a)(1) of this section. * * *

(b) Fleet DAS and other limited access multispecies vessels.

Vessels issued limited access multispecies permits who are

participating in a DAS program and who are not required to provide

notification using a VTS shall be subject to the call-in requirements

specified in Sec. 651.29(b).

(c) Charter/party vessels. Charter/party vessels that are not

fishing under a multispecies DAS are subject to the following

requirements:

(1) A vessel must declare into and out of the charter/party fishery

providing notification under Sec. 651.29(b).

(2) Vessels that declare into the charter/party fishery are subject

to the restrictions in Sec. 651.34.

(3) Once a vessel has declared into the charter/party fishery, that

vessel must remain in the charter/party fishery for a minimum of 24

hours.

11. Section 651.29 is revised to read as follows:

Sec. 651.29 DAS notification program.

(a) VTS notification. Unless otherwise authorized by the Regional

Director as specified in paragraph (c) of this section, owners of

vessels issued limited access multispecies permits that have elected to

or are required to use a VTS system shall be subject to the following

requirements:

(1) Vessels that are issued limited access multispecies permits,

that have crossed the demarcation line specified under paragraph

(d)(ii) 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 multispecies fishery, by notifying the Regional

Director through the VTS. The owner or authorized representative of any

vessel that has been declared out of the multispecies fishery must

notify the Regional Director through the VTS prior to leaving port on

the vessel's next trip under the DAS program.

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unless the vessel's owner or authorized representative declares the

vessel out of the multispecies fishery, by notifying the Regional

Director through the VTS. The owner or authorized representative of any

vessel that has been declared out of the multispecies fishery must

notify the Regional Director through the VTS prior to leaving port on

the vessel's next trip under the DAS program.

(2) If the VTS is not available, or not functional, and if

authorized by the Regional Director, a vessel owner must comply with

the call-in notification requirements specified in paragraph (b) of

this section.

(3) Notification that the vessel is not under the DAS program must

be received prior to the vessel leaving port. A change in status of a

vessel cannot be made after the vessel leaves port or before it returns

to port on any fishing trip.

(b) Call-in notification. Vessel owners authorized or required to

provide notification using the call-in system shall be subject to the

following requirements:

(1) The vessel owner or authorized representative shall notify the

Regional Director, prior to leaving port, that the vessel will be

participating in the applicable DAS program, or the charter party

fishery, by calling 1-800-260-8204 or 508-281-9335, and providing the

following information: Vessel name and permit number, owner and caller

name and phone number, the type of trip to be taken, the port of

departure, and that the vessel is beginning a trip.

(2) A multispecies DAS, or a vessel's participation in the charter/

party fishery, begins once the call has been

received and confirmation given by the Regional Director.

(3) A vessel must keep its confirmation number on board for the

duration of the trip and must provide it to an authorized officer upon

request.

p to be taken, the port of

departure, and that the vessel is beginning a trip.

(2) A multispecies DAS, or a vessel's participation in the charter/

party fishery, begins once the call has been

received and confirmation given by the Regional Director.

(3) A vessel must keep its confirmation number on board for the

duration of the trip and must provide it to an authorized officer upon

request.

(4) Upon returning to port, at the conclusion of a trip as defined

in paragraph (d) of this section or when the vessel is leaving the

charter/party fishery, the vessel owner or owner's representative shall

notify the Regional Director that the trip has ended by calling 1-800-

260-8204 or 508-281-9335, and providing the following information:

Vessel name and permit number, owner and caller name and telephone

number, port landed, confirmation number, and that the trip has ended.

(5) A DAS, or the vessel's participation in the charter/party

fishery, ends when the call has been received and confirmation given by

the Regional Director.

(6) Any vessel issued a limited access multispecies permit subject

to the DAS program and

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