Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 24

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 971030259-7259-01; I.D. 101497C]

RIN 0648-AJ96

Fisheries of the Northeastern United States; Northeast

Multispecies Fishery; Framework Adjustment 24

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 Framework Adjustment 24

to the Northeast (NE) Multispecies Fishery Management Plan (FMP). This

framework would implement measures to adjust the Gulf of Maine (GOM)

cod trip limit provision (1,000 lbs (453.6 kg) per day; 1,500 lbs

(680.4 kg) per day, starting with day 5) by requiring vessels to come

into port and report to NMFS at least once every 14 days and, for those

vessels that exceed the trip limit, to remain in port until days-at-sea

(DAS) used equate to the allowable cod

landings and by adjusting the trip limit boundary line from 42 deg.00'

N. lat. to 42 deg.20' N. lat. east of 69 deg.30' W. long.; allow

vessels to carry-over up to 10 unused multispecies DAS into the next

fishing year; and exempt vessels that fish in the Northwest Atlantic

Fisheries Organization (NAFO) Regulatory Area from certain provisions

of the NE multispecies FMP, such as the DAS program. The intended

effect of this rule is to improve the effectiveness of the GOM cod trip

limit, promote safety, and provide flexibility and opportunity to

vessels fishing under the multispecies stock-rebuilding program.

DATES: Comments must be received on or before December 10, 1997.

s Organization (NAFO) Regulatory Area from certain provisions

of the NE multispecies FMP, such as the DAS program. The intended

effect of this rule is to improve the effectiveness of the GOM cod trip

limit, promote safety, and provide flexibility and opportunity to

vessels fishing under the multispecies stock-rebuilding program.

DATES: Comments must be received on or before December 10, 1997.

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

Ph.D., Regional Administrator, NMFS, Northeast Regional Office, 1

Blackburn Drive, Gloucester, MA 01930 ATTN: Susan A. Murphy. Copies of

Amendment 7 to the FMP (Amendment 7), its regulatory impact review

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

with the RIR, its final supplemental environmental impact statement

(FSEIS), and Framework Adjustment 24 documents are available on request

from Paul J. Howard, Executive Director, New England Fishery Management

Council (Council), 5 Broadway, Saugus, MA 01906-1097.

Comments regarding burden-hour estimates for collection-of-

information requirements contained in this proposed rule should be sent

to the Regional Administrator (See ADDRESSES) and the Office of

Information and Regulatory Affairs, Office of Management and Budget

(OMB), Washington, DC 20502 (ATTN: NOAA Desk Officer).

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

Analyst, (978) 281-9252.

rding burden-hour estimates for collection-of-

information requirements contained in this proposed rule should be sent

to the Regional Administrator (See ADDRESSES) and the Office of

Information and Regulatory Affairs, Office of Management and Budget

(OMB), Washington, DC 20502 (ATTN: NOAA Desk Officer).

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

Analyst, (978) 281-9252.

SUPPLEMENTARY INFORMATION: The regulations implementing the FMP

restrict landings of GOM cod. Vessels fishing under a multispecies DAS

north of 42 deg.00' N. lat. are allowed to retain up to 1,000 lb (453.6

kg) of cod per day, or any part of a day, for each of the first 4 days

of a trip, and up to 1,500 lb (680.4 kg) of cod per day, or any part of

a day, in excess of 4 consecutive days. To minimize discarding, vessels

may land cod in excess of the trip limit provided that they do not

call-out of the multispecies DAS program until DAS per trip correspond

to the total allowable landings of cod per trip.

Recent concern has been raised that the intent of these regulations

was being circumvented by fishers directing on GOM cod early in the

trip and allowing their DAS clock continue to run while returning to

fish for other regulated species. This practice allows vessels to take

advantage of the 1,500 lb (680.4 kg) cod trip limit after the fourth

day of a ``trip,'' and permits some Trip-gillnet category vessels,

which normally bring in their nets at the end of each trip, to leave

them in the water.

This framework proposes to adjust the GOM cod trip limit by

requiring vessels subject to this provision (i.e., all vessels fishing

under a multispecies DAS that are not fishing under the trip limit

exemption specified at Sec. 648.86(b)(2) and that have exceeded the

trip limit) to remain in port until sufficient DAS have passed to

equate to the cod landed

ch trip, to leave

them in the water.

This framework proposes to adjust the GOM cod trip limit by

requiring vessels subject to this provision (i.e., all vessels fishing

under a multispecies DAS that are not fishing under the trip limit

exemption specified at Sec. 648.86(b)(2) and that have exceeded the

trip limit) to remain in port until sufficient DAS have passed to

equate to the cod landed. In addition, these vessels would be required

to come into port and report to NMFS by calling either the cod hail

line or the DAS call-out number within 14 days of starting a trip,

whichever is appropriate. For instance, if the trip limit is exceeded,

the operator would call the cod hail line, if not exceeded, the

operator must call the DAS number and end the trip.

This measure is intended to prevent vessels from ``running their

clock'' and taking advantage of the 1,500 lb (680.4 kg) cod trip limit

after the fourth day of a trip, as well as help ensure that Trip-

gillnet vessels retrieve their nets from the water periodically.

Vessels exceeding the cod trip limit, and thus required to remain in

port, may transit to another port, provided the operator or owner calls

the cod hail line and reports the vessel name and permit number, time

of departure, destination port, and estimated time of arrival before

leaving the dock to transit. Transiting vessels would be required to

stow all nets and would be prohibited from having fish on board the

vessel.

Because current regulations contained in Sec. 648.4(c)(2)(iii)(B)

specify that gillnet vessels must select either the Day- or Trip-

gillnet category for an entire fishing year, and since the cod trip

limit as implemented may have influenced a vessel owner's selection,

this framework would allow gillnet vessels to switch categories once

during the 1997 fishing year

g fish on board the

vessel.

Because current regulations contained in Sec. 648.4(c)(2)(iii)(B)

specify that gillnet vessels must select either the Day- or Trip-

gillnet category for an entire fishing year, and since the cod trip

limit as implemented may have influenced a vessel owner's selection,

this framework would allow gillnet vessels to switch categories once

during the 1997 fishing year. Vessels electing to change their gillnet

category would need to complete the Gillnet Category Designation and

Tag Program Application Form within 30 days of the date of

effectiveness of the final rule implementing Framework 24. A vessel

switching from the Trip- to Day-gillnet category would be required to

take the full 120 days out of the gillnet fishery, starting with the

time the vessel was issued a Day gillnet category designation.

Also, to better represent the stock boundary between GOM and

Georges Bank cod, this framework would modify the current GOM cod trip

limit boundary. Specifically, the trip limit boundary line would be

modified from 42 deg.00' N. lat. to 42 deg.20' N. lat. east of

69 deg.30' W. long.

Due to a concern that unforeseen circumstances may result in

forfeiture of DAS or fishing under unsafe circumstances, such as bad

weather conditions or mechanical breakdowns near the end of the year,

the Council developed a measure to allow vessels to carry-over up to 10

unused multispecies DAS from one fishing year to the next. This action

would credit each active vessel with the amount of unused DAS

remaining, up to a maximum of 10. The carry-over allowance could not be

accumulated year to year; e.g., a vessel that receives an allocation of

88 DAS per year would not be allowed to use more than 176 DAS over a 2-

year period. This measure would promote safety by reducing risk and

increasing planning flexibility, while not compromising the

conservation impact of the DAS program.

In September 1996 and 1997, NAFO allocated the U.S

arry-over allowance could not be

accumulated year to year; e.g., a vessel that receives an allocation of

88 DAS per year would not be allowed to use more than 176 DAS over a 2-

year period. This measure would promote safety by reducing risk and

increasing planning flexibility, while not compromising the

conservation impact of the DAS program.

In September 1996 and 1997, NAFO allocated the U.S. allocations of

redfish and Illex squid, as well as a small effort allocation for

shrimp (Pandalus sp.). The U.S. has an interest in increasing U.S.

participation in NAFO fisheries. In response, the Council developed

steps to remove regulatory obstacles to allow vessels to fish for

species currently regulated under the FMP and to land in U.S. ports.

Specifically, Framework 24 would exempt multispecies vessels that

possess a High Seas Fishing Compliance Act permit and that are fishing

exclusively in the NAFO Regulatory Area from DAS, minimum mesh size,

and possession limit requirements of the multispecies FMP. These

vessels would, instead, be subject to the requirements imposed by NAFO.

Vessels would be required to call the NMFS Office of Law Enforcement,

nearest to the point where the vessel intends to offload, to declare

their intent to fish in the NAFO area prior to leaving port, and to

call-in by marine radio-telephone to the NMFS Law Enforcement Office

nearest to the point of offloading when leaving the NAFO area to return

home. If necessary for enforcement or administrative reasons, the

Administrator, Northeast Region, NMFS (Regional Administrator) is

authorized to require that a NMFS-issued exemption certificate be on

board the vessel.

NMFS is requesting comments on the proposed measures contained in

this action, and in particular, the proposed modification of the

current GOM cod trip limit boundary line. Comments

must be received on or before December 10, 1997.

Classification

istrator, Northeast Region, NMFS (Regional Administrator) is

authorized to require that a NMFS-issued exemption certificate be on

board the vessel.

NMFS is requesting comments on the proposed measures contained in

this action, and in particular, the proposed modification of the

current GOM cod trip limit boundary line. Comments

must be received on or before December 10, 1997.

Classification

This rule has been determined to be not significant for the

purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities. This certification is based on the following analysis

which takes into account the applicable criteria established by the

agency for determining whether economic impacts on small entities are

``significant'' under the Regulatory Flexibility Act. For the purposes

of the GOM cod trip limit adjustment and the 10-DAS carry-over

provision, there are approximately 1,650 limited access multispecies

vessels, virtually all of which are small entities that are subject to

these regulations. However, based on the best available information,

both of these measures would affect fewer than 20 percent of the

vessels in the fishery. Recent information shows that most vessels have

begun redirecting effort off GOM cod and, therefore, are not catching

cod at rates greater than the trip limit. Preliminary reports show that

for the first 2 months of the 1997 fishing year, 250 calls were made to

the cod hail line. This figure constitutes fewer than 5 percent of the

5,300 DAS notification calls made during this time. Further, with a 50

percent DAS reduction now in effect (May 1, 1997), a strong incentive

exists for vessels to call-in and end a DAS trip, i.e., not exceeding

the cod trip limit

ary reports show that

for the first 2 months of the 1997 fishing year, 250 calls were made to

the cod hail line. This figure constitutes fewer than 5 percent of the

5,300 DAS notification calls made during this time. Further, with a 50

percent DAS reduction now in effect (May 1, 1997), a strong incentive

exists for vessels to call-in and end a DAS trip, i.e., not exceeding

the cod trip limit. In regards to the DAS carry-over provision, based

on 1996 DAS utilization rates, it is anticipated that far fewer than 20

percent of all vessels will utilize their DAS to within 10 days of

their annual allocation. Of those that do, only a subset will actually

benefit, that is, use the carryover. For the NAFO exemptions proposed

in this rule, the universe of vessels for practical purposes is limited

to the vessels that are physically capable of making the trip. As these

exemptions would apply to all vessels regardless of whether or not they

have a multispecies permit, the universe of small entities is all U.S.

vessels capable of making the trip. Variables involved in determining

ability to make a trip include vessel size, hull design, fuel capacity,

captain and crew experience, and weather conditions. Based on this, the

number of affected vessels cannot be currently estimated; however,

recent information shows that a total of 40 vessels have obtained a

High Seas Fishing Compliance Act permit from NMFS and, thus, have

indicated an interest in participating in this exemption program.

Considering the necessity of vessel capability and the limited number

of vessels that have demonstrated an interest thus far in fishing in

the NAFO Regulatory Area, the impact of these exemptions is expected to

be positive since it provides additional opportunity to fish and,

therefore, will not have a significant adverse effect. As a result, an

initial regulatory flexibility analysis was not prepared

ng the necessity of vessel capability and the limited number

of vessels that have demonstrated an interest thus far in fishing in

the NAFO Regulatory Area, the impact of these exemptions is expected to

be positive since it provides additional opportunity to fish and,

therefore, will not have a significant adverse effect. As a result, an

initial regulatory flexibility analysis was not prepared.

Notwithstanding any other provision of law, no person is required

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

comply with a collection-of-information subject to the requirements of

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

displays a currently valid OMB control number.

This rule contains three new collection-of-information

requirements. The collection-of-information requirements have been

submitted to the OMB for approval under control number 0648-0202, and

the estimated response times are as follows:

1. Declaration of transit to another port under the exception to

the cod trip limit requirement to remain in port (1- minute response

when made in conjunction with a cod hail line call, 3-minutes response

when made as a separate call).

2. Declaration to fish in and to leave the NAFO Regulatory Area (3-

minutes response for initial call, 5-minutes response for second call).

3. Request for letter of authorization to fish in the NAFO

Regulatory Area (3-minutes response).

This rule also restates current information requirements that had

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

implementation of Framework Adjustment 24. These current information

requirements are approved under OMB control number 0648-0202. Their

estimated response times are as follows:

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

request for initial gillnet tags requires written declaration (5-

minutes response).

2

d

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

implementation of Framework Adjustment 24. These current information

requirements are approved under OMB control number 0648-0202. Their

estimated response times are as follows:

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

request for initial gillnet tags requires written declaration (5-

minutes response).

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

blocks of 7 days requires vessel notification (3-minutes response).

3. Reporting of cod catch on board and off-loaded for vessels

fishing north of the cod exemption line, specified at

Sec. 648.86(b)(1), while fishing under a NE multispecies DAS requires

vessel notification (3-minutes response).

4. Declaration that a vessel will be fishing south of the cod

exemption line, specified at Sec. 648.86(b)(2), while fishing under a

NE multispecies DAS requires vessel notification (2- minutes response).

Send comments regarding these burden estimates or any other aspect

of the data requirements, including suggestions for reducing the

burden, to the Regional Administrator and to OMB (see ADDRESSES).

Public comment is sought regarding whether this proposed collection

of information is necessary and practical for the proper performance of

the functions of the agency; the accuracy of the burden estimate; ways

to enhance the quality, utility, and clarity of the information to be

collected; and ways to minimize the burden of the collection-of-

information techniques or other forms of information technology.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: November 5, 1997.

David Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

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

proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

follows:

ls that have been

issued a valid High Seas Fishing Compliance Act permit, have declared

their intent to fish, and fish exclusively in the NAFO Regulatory Area

as provided in Sec. 648.17(a), any vessel of the United States,

including a charter or party boat, must have been issued and have on

board a valid multispecies permit to fish for, possess or land

multispecies finfish in or from the EEZ. Multispecies frames used as,

or to be used as, bait on a vessel fishing exclusively with pot gear

are deemed not to be multispecies finfish for purposes of this part

provided that there is a receipt for the purchase of those frames on

board the vessel.

* * * * *

(c) * * *

(2) * * *

(iii) * * *

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

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

annual declaration as either a Day or Trip gillnet vessel designation

as described in Sec. 648.82(k). Vessel owners electing a Day gillnet

designation must indicate the number of gillnet tags that they are

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

holder letter will be sent to all eligible gillnet vessels informing

them of the costs associated with this tagging requirement and

directions for obtaining tags. Except for fishing year 1997, once a

vessel owner has elected this designation, he/she may not change the

designation or fish under the other gillnet category for the remainder

of the fishing year. For the 1997 fishing year, a vessel may change its

gillnet category designation once, provided the vessel owner submits a

Gillnet Category Designation and Tag Program Application Form to NMFS

within 30 calendar days of the effectiveness date of this provision.

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

will be considered incomplete for the purpose of obtaining

authorization to fish in the NE multispecies gillnet fishery and will

be processed without a gillnet authorization.

* * * * *

4. In Sec

egory Designation and Tag Program Application Form to NMFS

within 30 calendar days of the effectiveness date of this provision.

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

will be considered incomplete for the purpose of obtaining

authorization to fish in the NE multispecies gillnet fishery and will

be processed without a gillnet authorization.

* * * * *

4. In Sec. 648.10, paragraph (c)(5) is revised and paragraph (f)(3)

is added to read as follows:

Sec. 648.10 DAS notification requirements.

* * * * *

(c) * * *

(5) Any vessel that possesses or lands per trip more than 400 lb

(181.44 kg) of scallops, and any vessel issued a limited access

multispecies permit subject to the DAS program and call-in requirement

that possesses or lands regulated species, except as provided in

Secs. 648.17 and 648.89, shall be deemed in the DAS program for

purposes of counting DAS, regardless of whether the vessel's owner or

authorized representative provided adequate notification as required by

paragraph (c) of this section.

* * * * *

(f) * * *

(3) Cod trip limit call-in. (i) A vessel subject to the cod landing

limit restriction specified in Sec. 648.86(b)(1)(i), that has not

exceeded the allowable limit of cod based on the duration of the trip,

must enter port and call-out of the DAS program no later than 14 DAS

after starting (i.e., the time of issuance of a DAS authorization

number) a multispecies DAS trip.

* * * * *

(f) * * *

(3) Cod trip limit call-in. (i) A vessel subject to the cod landing

limit restriction specified in Sec. 648.86(b)(1)(i), that has not

exceeded the allowable limit of cod based on the duration of the trip,

must enter port and call-out of the DAS program no later than 14 DAS

after starting (i.e., the time of issuance of a DAS authorization

number) a multispecies DAS trip.

(ii) A vessel subject to the cod trip limit restriction specified

in Sec. 648.86(b)(1)(i), that exceeds or is expected to exceed the

allowable limit of cod based on the duration of the trip, must enter

port no later than 14 DAS after starting (i.e., the time of issuance of

a DAS authorization number) a multispecies DAS trip, and, must report,

upon entering port and before offloading, its hailed weight of cod

under the separate call-in system specified at

Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for

transiting purposes as allowed in Sec. 648.86(b)(3), and may not call-

out of the DAS program for that trip, until sufficient time has elapsed

to account for and justify the amount of cod on board in accordance

with Sec. 648.86(b)(1)(ii).

5. In Sec. 648.14, paragraphs (a)(12), (a)(13), (a)(31)(iii),

(a)(33), (a)(35) through (37), (a)(47), (a)(55), (b), (c) introductory

text, (d) introductory text, (e), (g) introductory text, (t),

(x)(4)(i), and (ii) are revised, and paragraphs (a)(31)(iv), and

(c)(22) through (25) are added to read as follows:

Sec. 648.14 Prohibitions.

f cod on board in accordance

with Sec. 648.86(b)(1)(ii).

5. In Sec. 648.14, paragraphs (a)(12), (a)(13), (a)(31)(iii),

(a)(33), (a)(35) through (37), (a)(47), (a)(55), (b), (c) introductory

text, (d) introductory text, (e), (g) introductory text, (t),

(x)(4)(i), and (ii) are revised, and paragraphs (a)(31)(iv), and

(c)(22) through (25) are added to read as follows:

Sec. 648.14 Prohibitions.

(a) * * *

* * * * *

(12) Fish for, take, catch, harvest, possess or land any species of

fish regulated by this part in or from the EEZ, on or by a vessel,

unless the vessel has a valid and appropriate permit issued under this

part and the permit is on board the vessel and has not been

surrendered, revoked, or suspended, or unless otherwise specified in

Sec. 648.17.

(13) Purchase, possess or receive for a commercial purpose, or

attempt to purchase possess or receive for a commercial purpose, any

species regulated under this part unless in possession of a valid

dealer permit issued under this part, except that this prohibition does

not apply to species that are purchased or received from a vessel not

issued a permit under this part that fished exclusively in state

waters, or unless otherwise specified in Sec. 648.17.

* * * * *

(31) * * *

(iii) The NE multispecies were harvested in or from the EEZ by a

recreational fishing vessel; or

(iv) Unless otherwise specified in Sec. 648.17.

* * * * *

(33) Sell, barter, trade, or otherwise transfer; or attempt to

sell, barter, trade, or otherwise transfer for a commercial purpose any

NE multispecies from a trip, unless the vessel is holding a

multispecies permit, or a letter under Sec. 648.4(a)(1), and is not

fishing under the charter/party vessel restrictions specified in

Sec. 648.89, or unless the NE multispecies were harvested by a vessel

without a multispecies permit that fishes for NE multispecies

exclusively in state waters, or unless otherwise specified in

Sec. 648.17.

* * * * *

from a trip, unless the vessel is holding a

multispecies permit, or a letter under Sec. 648.4(a)(1), and is not

fishing under the charter/party vessel restrictions specified in

Sec. 648.89, or unless the NE multispecies were harvested by a vessel

without a multispecies permit that fishes for NE multispecies

exclusively in state waters, or unless otherwise specified in

Sec. 648.17.

* * * * *

(35) Fish with, use, or have on board within the area described in

Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum

mesh size specified in Sec. 648.80(a)(2), except as provided in

Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (d), (e) and (i), unless

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

multispecies exclusively in state waters, or unless otherwise specified

in Sec. 648.17.

(36) Fish with, use, or have available for immediate use within the

area described in Sec. 648.80(b)(1), nets of mesh size smaller than the

minimum size specified in Sec. 648.80(b)(2), except as provided in

Sec. 648.80(b)(3), (d), (e), and (i), or unless the vessel has not been

issued a multispecies permit and fishes for multispecies exclusively in

state waters, or unless otherwise specified in Sec. 648.17.

(37) Fish with, use, or have available for immediate use within the

area described in Sec. 648.80(c)(1), nets of mesh size smaller that the

minimum mesh size specified in Sec. 648.80(c)(2), except as provided in

Sec. 648.80(c)(3), (d), (e), and

ssel has not been

issued a multispecies permit and fishes for multispecies exclusively in

state waters, or unless otherwise specified in Sec. 648.17.

(37) Fish with, use, or have available for immediate use within the

area described in Sec. 648.80(c)(1), nets of mesh size smaller that the

minimum mesh size specified in Sec. 648.80(c)(2), except as provided in

Sec. 648.80(c)(3), (d), (e), and

(i), or unless the vessel has not been issued a multispecies permit and

fishes for NE multispecies exclusively in state waters, or unless

otherwise specified in Sec. 648.17.

* * * * *

(47) Fish for the species specified in Sec. 648.80(d) or (e) with a

net of mesh size smaller than the applicable mesh size specified in

Sec. 648.80(a)(2), (b)(2), or (c)(2), or possess or land such species,

unless the vessel is in compliance with the requirements specified in

Sec. 648.80(d) or (e), or unless the vessel has not been issued a

multispecies permit and fishes for NE multispecies exclusively in state

waters, or unless otherwise specified in Sec. 648.17.

* * * * *

(55) Purchase, possess, or receive as a dealer, or in the capacity

of a dealer, regulated species in excess of the possession limit

specified in Sec. 648.86 applicable to a vessel issued a multispecies

permit, unless otherwise specified in Sec. 648.17.

* * * * *

(b) In addition to the general prohibitions specified in

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

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

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

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

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

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

unless otherwise specified in Sec. 648.17.

on, it

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

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

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

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

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

unless otherwise specified in Sec. 648.17.

(c) In addition to the general prohibitions specified in

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

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

issued a limited access multispecies permit or a letter under

Sec. 648.4(a)(1)(i)(H)(3), unless otherwise specified in Sec. 648.17,

to do any of the following:

* * * * *

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

in Sec. 648.17.

(23) Fail to enter port and call-out of the DAS program no later

than 14 DAS after starting (i.e., the time of the issuance of the DAS

authorization number) a multispecies DAS trip, as specified in

Sec. 648.86(b)(1)(i), unless otherwise specified in

Sec. 648.86(b)(1)(ii), or unless the vessel is fishing under the cod

exemption specified in Sec. 648.86(b)(2).

(24) Fail to enter port and report the hail weight of cod no later

than 14 DAS after starting (i.e., the time of the issuance of the DAS

authorization number) a multispecies DAS trip, if the vessel exceeds

the allowable limit of cod specified in Sec. 648.86(b)(1)(i), unless

the vessel is fishing under the cod exemption specified in

Sec. 648.86(b)(2).

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

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

vessel complies with Sec. 648.86(b)(3).

authorization number) a multispecies DAS trip, if the vessel exceeds

the allowable limit of cod specified in Sec. 648.86(b)(1)(i), unless

the vessel is fishing under the cod exemption specified in

Sec. 648.86(b)(2).

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

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

vessel complies with Sec. 648.86(b)(3).

(d) In addition to the general prohibitions specified in

Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of

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

vessel issued a multispecies handgear permit to do any of the

following, unless otherwise specified in Sec. 648.17:

* * * * *

(e) In addition to the general prohibitions specified in

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

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

issued a scallop multispecies possession limit permit to possess or

land more than the possession limit of regulated species specified at

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

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

* * * * *

(g) In addition to the general prohibitions specified in

Sec. 600.725 of this chapter and the prohibitions specified in

paragraphs (a) through (f) of this section, it is unlawful for the

owner or operator of a charter or party boat issued a multispecies

permit, or of a recreational vessel, as applicable, to, unless

otherwise specified in Sec. 648.17:

* * * * *

(t) In addition to the general prohibitions specified in

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

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

issued a nonregulated multispecies permit to possess or land any

regulated species as defined in Sec. 648.2, or violate any applicable

provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.

* * * * *

(x) * * *

(4) * * *

itions specified in

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

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

issued a nonregulated multispecies permit to possess or land any

regulated species as defined in Sec. 648.2, or violate any applicable

provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.

* * * * *

(x) * * *

(4) * * *

(i) Regulated species possessed for sale that do not meet the

minimum sizes specified in Sec. 648.83 for sale are deemed to have been

taken or imported in violation of these regulations, unless the

preponderance of all submitted evidence demonstrates that such fish

were harvested by a vessel not issued a permit under this part fished

exclusively within state waters, or by a vessel that fished exclusively

in the NAFO Regulatory Area. This presumption does not apply to fish

being sorted on deck.

(ii) Regulated species possessed for sale that do not meet the

minimum sizes specified in Sec. 648.83 for sale are deemed taken from

the EEZ or imported in violation of these regulations, unless the

preponderance of all submitted evidence demonstrates that such fish

were harvested by a vessel not issued a permit under this part fished

exclusively within state waters, or by a vessel that fished exclusively

in the NAFO Regulatory Area. This presumption does not apply to fish

being sorted on deck.

* * * * *

6. Section 648.17 is added to read as follows:

Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory

Area.

(a) Multispecies vessels. (1) A vessel issued a valid High Seas

Fishing Compliance Act permit under 50 CFR part 300 is exempt from

multispecies permit, mesh size, effort-control, and possession limit

restrictions, specified in Secs. 648.4, 648.80, 648.82 and Sec. 648.86,

respectively, while transiting the EEZ with multispecies on board the

vessel, or landing multispecies in U.S. ports that were caught while

fishing in the NAFO Regulatory Area, provided:

Fishing Compliance Act permit under 50 CFR part 300 is exempt from

multispecies permit, mesh size, effort-control, and possession limit

restrictions, specified in Secs. 648.4, 648.80, 648.82 and Sec. 648.86,

respectively, while transiting the EEZ with multispecies on board the

vessel, or landing multispecies in U.S. ports that were caught while

fishing in the NAFO Regulatory Area, provided:

(i) Prior to leaving port, the vessel operator notifies the

Regional Administrator of his/her intent to fish in the NAFO Regulatory

Area by calling the NMFS Office of Law Enforcement nearest to the point

where the vessel intends to offload, (contact the Regional

Administrator for locations and phone numbers), unless otherwise

required by the Regional Administrator under paragraph (a)(2) of this

section;

(ii) Prior to leaving the NAFO Regulatory Area to return to the

EEZ, the vessel operator notifies the Regional Administrator by calling

the NMFS Office of Law Enforcement nearest to the point of offloading

(contact the Regional Administrator for locations and phone numbers)

via marine-radio telephone or other voice communications system, unless

otherwise required by the Regional Administrator under paragraph (a)(2)

of this section, and provides the following information: His/her intent

to return to the EEZ, the vessels destination port, and the estimated

time of arrival;

(iii) For the duration of the trip, the vessel fishes, except for

transiting purposes, exclusively in the NAFO Regulatory Area and does

not harvest fish in, or possess fish harvested in, or from, the EEZ;

(iv) When transiting the EEZ, all gear is properly stowed in

accordance with

one of the applicable methods specified in Sec. 648.81(e); and

ination port, and the estimated

time of arrival;

(iii) For the duration of the trip, the vessel fishes, except for

transiting purposes, exclusively in the NAFO Regulatory Area and does

not harvest fish in, or possess fish harvested in, or from, the EEZ;

(iv) When transiting the EEZ, all gear is properly stowed in

accordance with

one of the applicable methods specified in Sec. 648.81(e); and

(v) Vessels comply with the High Seas Fishing Compliance Act permit

and all NAFO conservation and enforcement measures while fishing in the

NAFO Regulatory Area.

(2) Vessels fishing in the NAFO Regulatory Area under the

multispecies exemptions specified in paragraph (a)(1) of this section

may be required to have a letter of authorization issued by the

Regional Administrator on board the vessel should he/she determine that

it is needed for purposes of enforcement and administration of this

provision. In the event that a letter of authorization is required,

vessel owners will be informed through a permit holder letter at least

two weeks prior to the change.

(b) [Reserved]

7. Section 648.80 is amended by revising the introductory text to

read as follows:

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

of fishing.

Except as provided in Sec. 648.17(a), all vessels must comply with

the following minimum mesh size, gear and methods of fishing

requirements, unless otherwise exempted or prohibited.

* * * * *

8. In Sec. 648.82, paragraph (a) and (k)(1)(iv)(A) are revised and

(k)(1)(iv)(D) and (l) are added to read as follows:

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

(a) General. Except as provided in Sec. 648.17(a), a vessel issued

a limited access multispecies permit 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 in this section,

unless otherwise provided in these regulations.

* * * * *

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

(a) General. Except as provided in Sec. 648.17(a), a vessel issued

a limited access multispecies permit 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 in this section,

unless otherwise provided in these regulations.

* * * * *

(k) * * *

(1) * * *

(iv) * * *

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

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

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

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

30 of each fishing year, unless otherwise specified in paragraph

(k)(1)(iv)(D) of this section. The spawning season time out period

required by Sec. 648.82(g) will be credited toward the 120-days time

out of the non-exempt gillnet fishery. If a vessel owner has not

declared and taken, any or all of the remaining periods of time

required by the last possible date to meet these requirements, the

vessel is prohibited from fishing for, possessing, or landing regulated

multispecies or non-exempt species harvested with gillnet gear, and

from having gillnet gear on board the vessel that is not stowed in

accordance with Sec. 648.81(e)(4), while fishing under a multispecies

DAS, from that date through the end of the period between June 1 and

September 30, or through the end of the fishing year, as applicable,

unless otherwise specified in paragraph (k)(1)(iv)(D) of this section.

* * * * *

(D) For the 1997 fishing year, vessels that switch mid-year from

the Trip gillnet category to the Day gillnet category, as described in

Sec. 648.4(c)(2)(iii)(B), must take 120-days out of the non-exempt

gillnet fishery between the time that the vessel receives its new Day

gillnet category designation and gillnet tags and the end of the

fishing year.

* * * * *

v)(D) of this section.

* * * * *

(D) For the 1997 fishing year, vessels that switch mid-year from

the Trip gillnet category to the Day gillnet category, as described in

Sec. 648.4(c)(2)(iii)(B), must take 120-days out of the non-exempt

gillnet fishery between the time that the vessel receives its new Day

gillnet category designation and gillnet tags and the end of the

fishing year.

* * * * *

(l) End-of-year carry-over. With the exception of vessels that held

a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J)

for the entire fishing year preceding the carry-over year, limited

access vessels that have unused DAS on the last day of April of any

year, may carry over a maximum of 10 DAS into the next year. This

carry-over allowance may not be accumulated year-to-year, e.g., a

vessel that receives an allocation of 88 DAS per fishing year is not

allowed to use more than 176 DAS over a 2-year period.

9. In Sec. 648.83, paragraph (a)(1) introductory text is revised to

read as follows:

Sec. 648.83 Minimum fish sizes.

(a) * * *

(1) Minimum fish sizes for recreational vessels and charter/party

vessels that are not fishing under a NE multispecies DAS are specified

in Sec. 648.89. Except as provided in Sec. 648.17(a), all other vessels

are subject to the following minimum fish sizes (TL):

* * * * *

10. In Sec. 648.86, introductory text and paragraph (b)(3) are

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

text, (b)(1)(ii)(A) and (B), and (b)(2) are revised to read as follows:

Sec. 648.86 Possession restrictions.

Except as provided in Sec. 648.17(a) of this section, the following

possession restrictions apply:

* * * * *

(b) * * *

(1) Gulf of Maine trip limit. (i) Except as provided in paragraph

xt and paragraph (b)(3) are

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

text, (b)(1)(ii)(A) and (B), and (b)(2) are revised to read as follows:

Sec. 648.86 Possession restrictions.

Except as provided in Sec. 648.17(a) of this section, the following

possession restrictions apply:

* * * * *

(b) * * *

(1) Gulf of Maine trip limit. (i) Except as provided in paragraph

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

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

fishing under a NE multispecies DAS may land up to 1,000 lb (453.6 kg)

of cod per DAS, or any part of a DAS, for each of the first 4 days of a

trip, and may land up to 1,500 lb (680.4 kg) of cod per day for each

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

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

calling-out of the multispecies DAS program under Sec. 648.10(c)(3)

that have utilized ``part of a DAS'' (less than 24 hours) may land up

to an additional 1,000 lb (453.6 kg) of cod for that ``part of a DAS'';

however, such vessels may not end any subsequent trip with cod on board

within the 24-hour period following the beginning of the ``part of the

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

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

(Tuesday) at 4 p.m. (accruing a total of 25 hours) may legally land up

to 2,000 lb (907.2 kg) of cod on such a trip, but the vessel may not

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

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

landing limit must be separated from other species of fish and stored

so as to be readily available for inspection.

day

(Tuesday) at 4 p.m. (accruing a total of 25 hours) may legally land up

to 2,000 lb (907.2 kg) of cod on such a trip, but the vessel may not

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

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

landing limit must be separated from other species of fish and stored

so as to be readily available for inspection.

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

described in paragraph (b)(1)(i) of this section, and subject to the

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

may come into port with and offload cod in excess of the landing limit

as determined by the number of DAS elapsed since the vessel called into

the DAS program, provided that:

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

described under Sec. 648.10(c)(3), and remains in port, unless for

transiting purposes as allowed in paragraph (b)(3) of this section,

until sufficient time has elapsed to account for and justify the amount

of cod harvested at the time of offloading regardless of whether all of

the cod on board is offloaded (e.g., a vessel that has called-in to the

multispecies DAS program at 3 p.m. on Monday may fish and come back

into port at 4 p.m. on Wednesday of that same week with 4,000 lb

(1,814.4 kg) of cod, and offload some or all of its catch, but cannot

call out of the DAS program until 3:01 p.m. the next day, Thursday

(i.e., 3 days plus one minute); and

(B) Upon returning to port and before offloading, the vessel

operator notifies the Regional Administrator (see Table 1 to

Sec. 600.502 for the Regional Administrator's address) and provides

of that same week with 4,000 lb

(1,814.4 kg) of cod, and offload some or all of its catch, but cannot

call out of the DAS program until 3:01 p.m. the next day, Thursday

(i.e., 3 days plus one minute); and

(B) Upon returning to port and before offloading, the vessel

operator notifies the Regional Administrator (see Table 1 to

Sec. 600.502 for the Regional Administrator's address) and provides

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

caller name, DAS confirmation number, phone number, and the hail weight

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

that has not exceeded the landing limit and is offloading and ending

its trip by calling out of the multispecies DAS program does not have

to report under this call-in system.

* * * * *

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

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

fishing south of a line beginning at the Cape Cod, MA coastline at

42 deg.00' N. lat. and running eastward along 42 deg.00' N. lat. until

it intersects with 69 deg.30' W. long., then northward along 69 deg.30'

W. long. until it intersects with 42 deg.20' N. lat., then eastward

along 42 deg.20' N. lat. until it intersects with 67 deg.20' W. long.,

then northward along 67 deg.20' W. long. until it intersects with the

U.S.-Canada maritime boundary, provided that it does not fish north of

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

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

letter issued by the Regional Administrator. Vessels exempt from the

landing limit requirement may transit the GOM/GB Regulated Mesh Area

north of this exemption area, provided that their gear is stowed in

accordance with one of the provisions of Sec. 648.81(e).

ption area for a minimum of 30 consecutive days (when fishing

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

letter issued by the Regional Administrator. Vessels exempt from the

landing limit requirement may transit the GOM/GB Regulated Mesh Area

north of this exemption area, provided that their gear is stowed in

accordance with one of the provisions of Sec. 648.81(e).

(3) Transiting. A vessel that has exceeded the cod trip limit as

specified in paragraph (b)(1) of this section and is, therefore,

subject to remain in port for the period of time described in paragraph

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

time, provided that the vessel operator notifies the Regional

Administrator (see Table 1 to Sec. 600.502 for the Regional

Administrator's address) either at the time the vessel reports its

hailed weight of cod or at a later time prior to transiting, and

provides the following information: Vessel name and permit number,

destination port, time of departure, and estimated time of arrival. A

vessel transiting under this provision must stow its gear in accordance

with one of the methods specified in Sec. 648.81(e), and may not have

any fish on board the vessel.

* * * * *

[FR Doc. 97-29706 Filed 11-10-97; 8:45 am]

BILLING CODE 3510-22-F