[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Proposed Rules]
[Pages 69382-69466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29854]
[[Page 69381]]
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Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 648
Magnuson-Stevens Fishery Conservation and Management Act Provisions;
Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Amendment 16; Proposed Rule
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 /
Proposed Rules
[[Page 69382]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0808071078-81093-01]
RIN 0648-AW72
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Amendment 16
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 measures in Amendment
16 to the NE Multispecies Fishery Management Plan (FMP). Amendment 16
was developed by the New England Fishery Management Council (Council)
as part of the biennial adjustment process in the FMP to update status
determination criteria for all regulated NE multispecies or ocean pout
stocks; to adopt rebuilding programs for NE multispecies stocks newly
classified as being overfished and subject to overfishing; and to
revise management measures, including significant revisions to the
Sector management measures, necessary to end overfishing, rebuild
overfished regulated NE multispecies and ocean pout stocks, and
mitigate the adverse economic impacts of increased effort controls.
Amendment 16 would also implement new requirements for establishing
acceptable biological catch (ABC), annual catch limits (ACLs), and
accountability measures (AMs) for each stock managed under the FMP,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). Finally, this action would add Atlantic
wolffish to the list of species managed by the FMP. This action is
necessary to address the results of the most recent stock assessment
that indicates that several additional NE multispecies regulated
species are overfished and subject to overfishing, and that stocks
currently classified as overfished require additional reductions in
fishing mortality to rebuild by the end of their rebuilding periods.
DATES: Comments must be received by January 20, 2010. ADDRESSES: You
may submit comments, identified by 0648-AW72, by any of the following
methods:
Electronic submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
Fax: (978) 281-9135.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ``Comments on the Proposed Rule for NE
Multispecies Amendment 16.''
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://regulations.gov without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Copies of Amendment 16, its Regulatory Impact Review (RIR), and a
draft of the Final Environmental Impact Statement (FEIS) are available
from Paul J. Howard, Executive Director, New England Fishery Management
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. NMFS prepared
an Initial Regulatory Flexibility Act (IRFA) analysis, which is
summarized in the Classification section of this proposed rule. The
EIS/RIR/IRFA is also accessible via the Internet at http://www.nefmc.org/nemulti/index.html.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule should be submitted to the Regional Administrator at the address
above and to David Rostker, Office of Management and Budget (OMB), by
e-mail at [email protected], or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy
Analyst, phone: 978-281-9141, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The FMP specifies management measures for 15 species of NE
multispecies in Federal waters off the New England and Mid-Atlantic
coasts, including both large-mesh and small-mesh species. Small-mesh
species include silver hake (whiting), red hake, offshore hake, and
ocean pout, while large-mesh species include Atlantic cod, haddock,
yellowtail flounder, pollock, American plaice, witch flounder, white
hake, windowpane flounder, Atlantic halibut, winter flounder, and
redfish. Large-mesh species are further divided into 19 individual
stocks, that, along with ocean pout are collectively referred to as
groundfish. A major overhaul of the FMP occurred in 2004 with
implementation of Amendment 13 and the establishment of rebuilding
programs for all large-mesh stocks managed by the FMP, including
specification of status determination criteria for each stock.
Amendment 13, which became effective May 1, 2004 (April 27, 2004;
69 FR 22906), established two different strategies for rebuilding (an
adaptive strategy and a phased rebuilding strategy), and a rebuilding
plan for each overfished stock was developed in accordance with one of
the two strategies. Under the adaptive rebuilding strategy, the fishing
mortality rate (F) was held at a level intended to produce maximum
sustainable yield (FMSY) from 2004 through 2008, and then
subsequently reduced to the level required to rebuild by the selected
end-date of the relevant rebuilding period for that stock. In contrast,
under the phased rebuilding strategy, F was allowed to remain above
FMSY at the start of the rebuilding period in 2004, and then
was to be reduced sequentially in 2006 and 2009. Eight stocks (Gulf of
Maine (GOM) cod, Georges Bank (GB) haddock, GOM haddock, Southern New
England (SNE)/Mid-Atlantic (MA) winter flounder, GB yellowtail
flounder, redfish, windowpane flounder (southern stock), and ocean
pout) are managed under the adaptive rebuilding strategy, while five
stocks (GB cod, Cape Cod (CC)/GOM yellowtail flounder, SNE/MA
yellowtail flounder, American plaice, and white hake) are managed under
the phased rebuilding strategy.
Amendment 13 also established a biennial adjustment process whereby
the Council would review the FMP and make any changes to management
measures necessary to achieve the goals and objectives of the FMP. This
adjustment process provides for an update of the scientific information
regarding the status of the stocks, and an evaluation of the
effectiveness of the regulations. The biennial review scheduled to
occur in 2008, with necessary changes to the FMP to be
[[Page 69383]]
implemented in 2009, included a peer-reviewed benchmark assessment and
a review of the biological reference points (stock status determination
criteria) for each stock. This planned assessment of the biological
reference points (Groundfish Assessment Review Meeting, (GARM III)) was
also part of the adaptive rebuilding strategy described above, which
sought to evaluate the more fundamental scientific information mid-way
through the rebuilding period for most stocks. GARM III, completed in
August 2008, included a series of meetings over the course of 1 year.
GARM III evaluated the underlying data and models utilized for
assessment of the NE multispecies regulated species and ocean pout
stocks, evaluated the biological reference points, established new
reference points, assessed the biomass and fishing mortality status of
the NE multispecies regulated species and ocean pout stocks in 2007,
and provided examples of the Fs that would be expected to rebuild
overfished stocks.
GARM III concluded that 11 stocks were still subject to overfishing
(i.e., F was above FMSY), and that 11 stocks were overfished
(i.e., biomass levels were less than one half of the biomass at MSY
(BMSY)), with 9 stocks classified as both overfished and
subject to overfishing. A final determination on the status of pollock
could not be made until the fall 2008 survey data were available, as
the status of this species is based on the 3-yr centered average of the
fall biomass indices. Such data were available in January 2009, and
indicated that pollock is overfished. GARM III also indicated that some
stocks improved in status from the previous assessment (GARM II), with
GOM haddock and GB haddock classified as rebuilt in 2000 and 2006,
respectively, and GOM cod expected to be rebuilt by 2009.
The Council began development of Amendment 16 in 2006 with the
intent of implementing any necessary revisions to management measures
based upon the results of GARM III by the start of fishing year (FY)
2009 on May 1, 2009. On November 6, 2006, a notice of intent to prepare
a supplemental EIS and hold scoping meetings designed to solicit public
input on any revisions to management measures necessary to continue
rebuilding overfished NE multispecies regulated species and ocean pout
stocks was published in the Federal Register (November 6, 2006; 71 FR
64941). The Council continued to develop Amendment 16 for
implementation in FY 2009 until a presentation by the NMFS Northeast
Fisheries Science Center (NEFSC) regarding preliminary estimates of
2006 stock size and F at the June 2008 Council meeting indicated that
draft effort control measures under development for Amendment 16 were
not targeting the correct stocks. Based on this information, the
Council decided to wait until the receipt of the final GARM III
assessment results in September 2008 to continue development of
Amendment 16. The Council subsequently developed a revised schedule for
development for Amendment 16, which postponed implementation of
Amendment 16 until the start of FY 2010 on May 1, 2010. In addition,
the Council voted on September 4, 2008, to request that NMFS implement
an interim action for the duration of FY 2009 (May 1, 2009-April 30,
2010), and recommended a specific suite of management measures for the
interim action. A proposed rule to implement interim management
measures published on January 16, 2009 (74 FR 2959), with final interim
measures published on April 13, 2009 (74 FR 17030) and effective on May
1, 2009.
Based upon the final results of GARM III, the Council adopted draft
management measures and an associated draft EIS (DEIS) at its February
2009 meeting. A notice of availability for the DEIS, which analyzed the
impacts of all of the measures under consideration in Amendment 16, was
published on April 24, 2009 (74 FR 18705), with public comments
accepted through June 8, 2009. Final measures for Amendment 16 were
adopted by the Council at its June 2009 meeting, with revisions to the
discard provisions adopted at its September 2009 meeting. A notice of
availability for Amendment 16, including the FEIS, as submitted by the
Council for review by the Secretary of Commerce (Secretary), was
published in the Federal Register on October 23, 2009 (74 FR 54773).
The comment period on the Amendment 16 and its associated FEIS ends on
December 22, 2009. In addition to the implementing measures proposed in
this rule, Amendment 16 contains changes to status determination
criteria and other aspects of the management program, such as an ABC
control rule and potential sector contributions, that are not reflected
in regulations, but that are summarized below.
Proposed Measures
Amendment 16 proposes a large number of changes to the management
regime for the NE multispecies fishery, including revisions/additions
to existing regulations. This proposed rule also includes revisions to
regulations that are not specifically identified in Amendment 16, but
that are necessary to effectively implement the provisions in Amendment
16, or to correct errors in, or clarify, existing provisions. A
description of the proposed management measures follows.
1. Incorporation of Atlantic Wolffish Into the FMP
Section 304(e) of the Magnuson-Stevens Act requires either the
Council or the Secretary to develop a fishery management plan or
proposed regulations to end overfishing and rebuild a stock within 2
years of notice that the fishery is overfished. Atlantic wolffish was
recently determined to be overfished by the Data Poor Working Group,
with notice provided to the Council in February 2009. Because this
species is occasionally caught by both the commercial and recreational
NE multispecies fisheries, Amendment 16 proposes to incorporate
Atlantic wolffish into the FMP. Accordingly, the term ``regulated
species'' would be revised to include large-mesh species, ocean pout,
and Atlantic wolffish. Status determination criteria, a rebuilding
plan, and management measures to rebuild this stock are also proposed
in Amendment 16.
2. Status Determination Criteria
Amendment 16 proposes to update the status determination criteria
for existing NE multispecies regulated species and ocean pout stocks
based upon the best available scientific information regarding stock
status resulting from GARM III. In addition, because Amendment 16 would
add Atlantic wolffish to the FMP, biological reference points would be
established for this species. Based upon the results of GARM III,
biological reference points have been revised from those adopted in
Amendment 13. Stock status determinations were updated relative to the
revised reference points. In summary, the F at 40 percent of maximum
spawning potential (F40% MSP) was used as a proxy for FMSY
for most of the age-based stocks. Spawning stock biomasses at maximum
sustainable yield (SSBMSY) were calculated using F40% MSP,
with an assumption on the recruitment that should occur at
SSBMSY. Changes to the status determination criteria are
more fully discussed in Section 4.2 of Amendment 16, and in Section 1
of the GARM III report. Table 1 lists the proposed revised status
determination criteria, and numerical estimates of these parameters are
listed in Table 2.
[[Page 69384]]
Table 1--Description of the Proposed Revised Status Determination Criteria
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Biomass target Minimum biomass
Species Stock (Btarget) threshold Maximum fishing mortality threshold
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Cod................................ GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Cod................................ GOM.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Haddock............................ GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Haddock............................ GOM.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Yellowtail flounder................ GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Yellowtail flounder................ SNE/MA................. SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Yellowtail flounder................ CC/GOM................. SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
American plaice.................... ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Witch flounder..................... ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Winter flounder.................... GB..................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Winter flounder.................... GOM.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Winter flounder.................... SNE.................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Redfish............................ ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F50% MSP.
White hake......................... ....................... SSBMSY:SSB/R (40% MSP) \1/2\ Btarget......... F40% MSP.
Pollock............................ ....................... External.............. \1/2\ Btarget......... Relative F at replacement.
Windowpane flounder................ Northern............... External.............. \1/2\ Btarget......... Relative F at replacement.
Windowpane flounder................ Southern............... External.............. \1/2\ Btarget......... Relative F at replacement.
Ocean pout......................... ....................... External.............. \1/2\ Btarget......... Relative F at replacement.
Atlantic halibut................... ....................... Internal.............. \1/2\ Btarget......... F0.1.
Atlantic wolffish.................. ....................... SSBMSY: SSB/R(40% MSP) \1/2\ Btarget......... F40% MSP.
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Table 2--Numerical Estimates for the Proposed Updated Status Determination Criteria
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Biomass target (Btarget) in Minimum biomass threshold Maximum fishing mortality
Species Stock mt (\1/2\ Btarget) in mt threshold (FMSY or proxy) MSY in mt
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Cod............................ GB................. 148,084.................... 74,042..................... 0.25....................... 31,159
Cod............................ GOM................ 58,248..................... 29,124..................... 0.24....................... 10,014
Haddock........................ GB................. 153,329.................... 76,664..................... 0.35....................... 33,604
Haddock........................ GOM................ 5,900...................... 2,950...................... 0.43....................... 1,360
Yellowtail flounder............ GB................. 43,200..................... 21,600..................... 0.25....................... 9,400
Yellowtail flounder............ SNE/MA............. 27,400..................... 13,700..................... 0.25....................... 6,100
Yellowtail flounder............ CC/GOM............. 7,790...................... 3,895...................... 0.24....................... 1,720
American plaice................ ................... 21,940..................... 10,970..................... 0.19....................... 4,011
Witch flounder................. ................... 11,447..................... 5,724...................... 0.20....................... 2,352
Winter flounder................ GB................. 16,000..................... 8,000...................... 0.26....................... 3,500
Winter flounder................ GOM................ 3,792...................... 1,896...................... 0.28....................... 917
Winter flounder................ SNE................ 38,761..................... 19,380..................... 0.25....................... 9,742
Redfish........................ ................... 271,000.................... 135,500.................... 0.04....................... 10,139
White hake..................... ................... 56,254..................... 28,127..................... 0.13....................... 5,800
Pollock *...................... ................... 2.00 kg/tow................ 1.00 kg/tow................ 5.65 c/i................... 11,320
Windowpane flounder *.......... Northern........... 1.4 kg/tow................. 0.7 kg/tow................. 0.50 c/i................... 700
Windowpane flounder *.......... Southern........... 0.34 kg/tow................ 0.17 kg/tow................ 1.47 c/i................... 500
Ocean pout *................... ................... 4.94 kg/tow................ 2.47 kg/tow................ 0.76 c/i................... 3,754
Atlantic halibut............... ................... 49,000..................... 24,500..................... 0.07....................... 3,500
Atlantic wolffish.............. ................... 1747-2202.................. 400-500.................... <0.35...................... 278-311
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*Estimates of FMSY or proxy for these stocks use an index-based method to evaluate stock status and are based on a moving average, calculated as
described in GARM III. Values presented in this table for these stocks represent catch (landings plus discards in 1,000's mt) per survey index of
relative biomass (kg/tow) for that stock.
3. Rebuilding Programs
According to GARM III, two NE multispecies stocks have achieved
their target biomass levels and are no longer considered overfished;
the GB haddock stock was rebuilt in 2006, while GOM haddock was rebuilt
in 2000. However, GARM III, and the subsequent data available for
pollock, also indicated that several other NE multispecies stocks are
now overfished; these stocks are witch flounder, GB winter flounder,
northern windowpane flounder, and pollock. As a result, the Council is
proposing new rebuilding programs for these stocks under Amendment 16,
assuming the rebuilding programs will begin in FY 2010. For witch
flounder and GB winter flounder, the proposed rebuilding programs would
rebuild these stocks by 2017, with a 75-percent probability of success.
The rebuilding programs proposed for pollock and northern windowpane
flounder would rebuild these stocks by 2017, but because status
determination criteria for these stocks are based upon survey indices,
a probability of success cannot be calculated at this time.
Analysis by the Data Poor Working Group indicated that Atlantic
wolffish is overfished. However, because the life history of this
species is not well understood, there is considerable uncertainty in
the evaluation of stock status and stock projections. As a result, it
is not possible to determine a rebuilding period or a rebuilding F for
this species at this time, although measures to reduce F for this stock
are proposed under Amendment 16, as outlined below.
Amendment 13 established a phased rebuilding strategy for SNE/MA
winter
[[Page 69385]]
flounder that would evaluate the rebuilding progress in 2008 and adjust
the rebuilding F in 2009 to achieve rebuilding by 2014. Based upon GARM
III data, projections indicate that this stock is unlikely to rebuild
by 2014 in the absence of any fishing mortality, but would likely
rebuild between FYs 2015 and 2016. Since this stock is caught as non-
targeted catch in other large-mesh fisheries, small-mesh fisheries, and
the scallop dredge fishery, the only way to achieve zero F would be to
eliminate all fishing activity in the SNE/MA winter flounder stock
area, including fisheries for scallops, summer flounder, and other non-
groundfish species. This would entail closing several important
fisheries from off Cape Cod, MA to the Maryland coast. Hundreds of
millions of dollars in yield would be sacrificed for a relatively small
change, if any, in the projected rebuilding period for this stock. The
Council considers this unnecessary and impracticable, since, even
without any fishing mortality, this stock could not be rebuilt within
the Amendment 13 timelines (i.e., by 2014) and is projected to be
rebuilt between FYs 2015 and 2016. Instead, Amendment 16 proposes to
prohibit possession and landings of SNE/MA winter flounder, which would
result in achieving a F as close to zero as practicable. In addition,
Amendment 16 would require all non-Sector vessels fishing within two
restricted gear areas to use selective gear to minimize the catch of
SNE/MA winter flounder and other stocks. Although the benefits of these
restricted gear areas are uncertain and have not been used to
contribute to the F reductions of the proposed action, any decrease in
F associated with these requirements would only increase the
probability that rebuilding under the proposed measures would occur
between FYs 2015 and 2016. With the implementation of management
measures proposed under Amendment 16, including the proposed measures
that affect the catch of SNE/MA winter flounder, this stock will no
longer be subject to overfishing. There is considerable scientific
uncertainty associated with the assessment for this stock, as
recruitment observed between 2004 and 2008 was less than half of that
assumed when the rebuilding plan and associated management measures
were developed under Amendment 13. This suggests that differences
between projected and observed recruitment patterns and other factors
will influence when this stock is rebuilt. Projections of stock status
under a F of zero are similar to those using a F of as close to zero as
practicable, as proposed under this action, indicating that there is
little difference between when this stock is expected to rebuild under
either scenario (see Section 7.2.1.1.3.1 of the Amendment 16 FEIS).
Therefore, to impose a complete closure of commercial and recreational
fisheries in the SNE/MA winter flounder stock area and still not
achieve the objectives of rebuilding this stock by 2014 is contrary to
the objectives of the Magnuson-Stevens Act and would result in severe
economic impacts without biological benefits. Further, section
304(e)(7) of the Magnuson-Stevens Act recognizes that an FMP may not
always make adequate progress to achieving rebuilding objectives and
allows time for revisions to be made to make adequate progress toward
rebuilding overfished stocks. This action is thus designed to eliminate
targeting of this stock and to reduce discards in other trawl fisheries
in order to reduce F to the extent practicable, without delaying the
projected rebuilding of this stock. As a result, the rebuilding target
listed in Table 3 for this stock should be interpreted as ``as close to
zero as practicable,'' rather than zero.
Previous stock assessments for Atlantic halibut were insufficient
to calculate a rebuilding F. As a result, although the stock was
classified as overfished, no target F was calculated. GARM III included
an analytic assessment for this species that was able to calculate a
rebuilding F shown in Table 3 and an end date for rebuilding of 2055,
based upon the biology of this species.
The GARM III review of GOM winter flounder indicated that it is
highly likely that the stock is overfished. However, due to the high
degree of uncertainty of the assessment, the GARM III review panel
suggested that the assessment could not be used to provide management
advice or stock projections. As a result, a formal rebuilding program
has not been developed for this stock under Amendment 16, although
rebuilding for this stock is expected to result from measures proposed
under Amendment 16 to rebuild other stocks. This stock will continue to
be monitored and, should additional information lead to a determination
that the stock is overfished, a formal rebuilding program would be
developed in a subsequent action.
4. ABC Control Rule and Mortality Reductions Necessary To Achieve
Rebuilding Targets
Management measures proposed in this action are designed to reduce
F to the target F for each stock, as specified in Table 3. Two factors
contribute to determining the target F under Amendment 16: The ABC
control rule specified by the Council's Scientific and Statistical
Committee (SSC), and the F necessary to rebuild overfished stocks
within the rebuilding period (Frebuild). The ABC control
rule proposed by the SSC was adopted by the Council at its June 2009
meeting and would replace the MSY control rule in Amendment 13. The ABC
control rule would specify that the ABC for each stock should be
determined as the catch at 75 percent of FMSY, and that, if
the catch at 75 percent of FMSY would not achieve the
mandated rebuilding requirements, ABC should be based upon
Frebuild. For stocks that cannot be rebuilt within existing
rebuilding periods, the ABC should be based upon incidental bycatch,
including a reduction in the existing bycatch rate. Finally, for stocks
with unknown status, ABC would be determined on a case-by-case basis by
the SSC.
Because GARM III assessed the status of the stocks through 2007, to
calculate Frebuild it is necessary to estimate the F
resulting from measures in place for 2008 and 2009. Catch data for FY
2008 are available, along with estimates of F resulting from measures
implemented by the 2009 interim action. Projections were run to
determine rebuilding F targets using an estimate of 2008 F based upon
available catch data, as well as the assumptions regarding expected F
resulting from interim measures in 2009. Table 3 lists the percentage
change in F necessary to achieve the target F (either
Frebuild or the catch at 75 percent of FMSY), as
appropriate, from F estimated for FY 2008. Mortality reductions for
several stocks are not available because the assessments for these
stocks did not produce reliable estimates of F that could be used in
projection models to estimate Frebuild.
[[Page 69386]]
Table 3--Summary of Reductions in F Necessary to Achieve the Target F in 2010 for Each Stock
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Change in F
Targeted F 2008 F from necessary to
Species Stock 2007 F (either Fmsy 2008 Catch achieve Frebuild
Frebuild or Data using catch and
75 of FMSY) F 2008
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Cod............................................ GB............................... 0.300 0.184 0.2466 0.410 -55
Cod............................................ GOM.............................. 0.456 0.18 0.237 0.300 -40
Haddock........................................ GB............................... 0.230 0.26 0.350 0.079 229
Haddock........................................ GOM.............................. 0.350 0.32 0.430 0.250 28
Yellowtail flounder............................ GB............................... 0.289 0.109 0.254 0.130 -16
Yellowtail flounder............................ SNE/MA........................... 0.413 0.072 0.254 0.120 -40
Yellowtail flounder............................ CC/GOM........................... 0.414 0.18 0.239 0.289 -38
American plaice................................ GB/GOM........................... 0.090 0.14 0.190 0.099 41
Witch flounder................................. ................................. 0.290 0.15 0.200 0.296 -49
Winter flounder................................ GB............................... 0.280 0.20 0.260 0.131 49
Winter flounder................................ GOM.............................. 0.417 N/A 0.283 0.317 N/A
Winter flounder................................ SNE/MA........................... 0.649 0.000 0.248 0.265 -100
Redfish........................................ ................................. 0.005 0.03 0.038 0.008 275
White hake..................................... GB/GOM........................... 0.150 0.084 0.125 0.065 29
Pollock........................................ GB/GOM........................... 10.464 4.245 5.66 15.516 -73
Windowpane flounder............................ Northern......................... 1.960 N/A 0.50 N/A N/A
Windowpane flounder............................ Southern......................... 1.850 N/A 1.47 N/A N/A
Ocean Pout..................................... ................................. 0.380 N/A 0.760 N/A N/A
Atlantic halibut............................... ................................. 0.065 0.044 0.073 0.060 -27
Atlantic wolffish.............................. ................................. N/A N/A N/A N/A N/A
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5. ABC/ACL Specifications and Distribution Process
The recent reauthorization of the Magnuson-Stevens Act required
fishery management councils to establish a mechanism for specifying
ACLs for each managed fishery such that overfishing does not occur in
the fishery, and measures to ensure accountability. NMFS revised the
National Standard 1 Guidelines to assist Councils in complying with the
new requirements (January 16, 2009; 74 FR 3178), which were used by the
Council in developing both the ABC/ACL process and the associated AMs
in Amendment 16.
ABC/ACL Specifications Process
According to the Magnuson-Stevens Act, ACLs developed by a Council
for a particular fishery may not exceed the fishing level
recommendations of the Council's SSC or other peer-review process. The
Magnuson-Stevens Act requires that ACLs must take effect in FY 2010 for
fisheries subject to overfishing, and in FY 2011 for all other
fisheries. Because several stocks managed under the FMP are subject to
overfishing, Amendment 16 proposes a process to specify ABCs and ACLs
for the NE multispecies fishery for implementation in FY 2010.
Under Amendment 16, ABCs/ACLs would be developed as part of the
biennial adjustment process established in the FMP (a complete
description of the ABC/ACL specification process is in Section 4.2.1 of
the Amendment 16 FEIS). The Groundfish Plan Development Team would
develop recommendations for setting an ABC, ACL, and overfishing level
(OFL) for each stock for each of the next 3 years following the
implementation of the biennial adjustment, or yearly for stocks managed
by the U.S./Canada Resource Sharing Understanding (Understanding)
(currently, GB yellowtail flounder, Eastern GB cod, and Eastern GB
haddock) through a specifications package. These recommendations would
be based upon the ABC control rule, as described above; updated
information regarding the status of each stock, including
Frebuild for overfished stocks; recommendations of the
Transboundary Management Guidance Committee (TMGC) for appropriate
catch levels for stocks managed by the Understanding; and any other
guidance provided by the SSC. The ABCs developed through the process
would be distributed among the various segments of the fishery that
catch NE multispecies. These sub-ABCs would then be reduced to account
for management uncertainty to derive how the overall ACL for each stock
is divided into various sub-components of the fishery, as described
further below. The PDT would develop an informal document that
describes how these recommendations were developed, including estimates
of scientific and management uncertainty considered by the PDT, whether
different levels of management uncertainty were applied to different
components of the fishery, and whether total allowable catches (TACs)
have been exceeded during previous fishing years. The SSC would then
approve the PDT's ABC recommendations or provide alternative ABC
recommendations, describing elements of scientific uncertainty used to
develop its recommendations, and offer any other recommendations
regarding ACLs or other relevant issues. The Council would then
consider the recommendations of the SSC, PDT, and TMGC and adopt ABCs
and ACLs for each stock. As required by the Magnuson-Stevens Act, the
Council must adopt ACLs that are equal to or lower than the ABC
recommended by the SSC, taking into account management uncertainty. The
Council would adopt the ABC/ACL specifications and submit them to NMFS
by December 1, for approval and implementation in a manner consistent
with the Administrative Procedure Act.
The numeric ABCs and ACLs developed pursuant to this process are
not codified in this proposed rule and will be specified in a separate
future rulemaking. The Council is currently developing an ABC/ACL
specifications package to be implemented concurrently with the
provisions contained in this proposed rule for Amendment 16 management
measures at the start of FY 2010 on May 1, 2010. The measures proposed
in Amendment 16 are intended to achieve, but not exceed, the ABCs and
ACLs established for FYs 2010-2012. The ABCs and ACLs for 2013 and
beyond would be specified according to the process described above,
unless otherwise modified through a future Council action.
[[Page 69387]]
ACL Distribution
As noted above, the PDT would recommend distributing the ABC among
the various segments of the fishery that catch NE multispecies
regulated species and ocean pout, and reducing such sub-ABCs to account
for management uncertainty for each individual sub-component of the
fishery that catch such stocks based upon the catch available to U.S.
fishermen, as further described below and as described in detail in
Section 4.2.1.3 of the Amendment 16 FEIS. These sub-components of the
fishery include vessels operating in state waters that catch regulated
species and ocean pout, but do not hold Federal NE multispecies
permits; other non-specified sub-components of the fishery that may
catch regulated species and ocean pout as bycatch when prosecuting
other fisheries (i.e., exempted fisheries and fisheries for exempted
species); vessels participating in the Atlantic sea scallop fishery
that catch yellowtail flounder stocks as bycatch; vessels participating
in the Atlantic herring fishery that catch haddock as bycatch; and
catch of regulated species and ocean pout by the commercial and
recreational NE multispecies fisheries. Some sub-components of the
fishery would not be subject to any automatic AMs under Amendment 16
and would, thus, be allocated sub-components of the ACL. The sub-
components of the fishery that are subject to AMs would be allocated
sub-ACLs for each stock of regulated species and ocean pout that they
catch. These distributions, and the stocks that are allocated to the
recreational fishery, could be revised through the framework adjustment
process established in the existing regulations.
Catch by vessels operating in state waters that do not hold Federal
NE multispecies permits is outside of the jurisdiction of the FMP, but
is included in the overall ABC for NE multispecies regulated species
and ocean pout stocks. As a result, such catch must be accounted for,
but would not be monitored outside of the biennial adjustment process
for assessment purposes. The estimates of such catch would be adjusted
pursuant to the biennial adjustment process specified above. For GOM
cod and GOM haddock, this state-waters catch would be deducted from the
sub-ACL available to the commercial fishery (i.e., vessels issued a
limited access NE multispecies permit or open access NE multispecies
Handgear B permit). The sub-ACL available to recreational vessels would
include catch of GOM cod and GOM haddock in both state waters and
Federal waters, and any associated recreational AMs would be triggered
by the cumulative catch of such stocks by all recreational vessels.
The sub-components of the fishery that are not subject to AMs
include vessels fishing in exempted fisheries that occur in Federal
waters (e.g., the northern shrimp exempted fishery and the Cultivator
Shoal whiting fishery exemption) and vessels targeting exempted species
(e.g., the summer flounder fishery in SNE)--fisheries that are not
allowed to land NE multispecies regulated species or ocean pout and
that have demonstrated very low NE multispecies bycatch--as well as the
Atlantic sea scallop fishery, which catches yellowtail flounder as
bycatch. If catch from such fisheries exceeds the amount allocated, AMs
would be developed and implemented in a separate future management
action to prevent the overall ACL for each stock from being exceeded,
pursuant to the biennial review or framework adjustment process
established in the existing regulations.
The ACLs for all three stocks of yellowtail flounder would be
reduced to account for projected yellowtail flounder bycatch in the
Atlantic sea scallop fishery. The level of yellowtail flounder bycatch
in the scallop fishery would vary from year-to-year, based upon scallop
and NE multispecies abundance, the rotational management program
specified for the scallop fishery, and other factors. At a minimum, the
yellowtail flounder sub-component of the ACL allocated to the scallop
fishery would be consistent with the incidental catch amounts specified
for closed area access programs specified in the current regulations
(e.g., at least 10 percent of the GB yellowtail flounder ACL would be
specified to account for closed area access programs on GB, when open
under the rotational management program). Similar to the other non-
specified sub-components of the ACL described above, with the exception
of GB yellowtail flounder, yellowtail flounder bycatch in the scallop
fishery would initially be treated as a sub-component of the ACL,
rather than a sub-ACL, and, therefore, would not be subject to any
specific AMs under Amendment 16. The existing regulations regarding the
Understanding require that any overages of the TACs managed by the
Understanding would be deducted from the available U.S. portion of the
appropriate TAC during the following year. Therefore, any overages of
the U.S. portion of the GB yellowtail flounder TAC, including those by
the scallop fishery, would be deducted from the U.S. portion of the GB
yellowtail flounder TAC during the following year. The Council is
currently developing Amendment 15 to the Atlantic Sea Scallop FMP,
which is expected to develop AMs for the catch of yellowtail flounder
in the scallop fishery. If such measures are implemented, the
yellowtail flounder bycatch in the scallop fishery would then become
classified as a sub-ACL controlled by an appropriate AM.
In 2006, Framework Adjustment 43 to the FMP (August 15, 2006; 71 FR
46871) specified that 0.2 percent of the GOM and GB haddock target TACs
would be allocated to the Atlantic herring fishery to accommodate
haddock bycatch. Amendment 16 would maintain this allocation, but
update it to reflect that 0.2 percent of the GOM and GB haddock ACL
would be allocated to the Atlantic herring fishery. This allocation
would be considered a sub-ACL. The existing regulations already contain
AMs in the form of elimination of the directed herring fishery in
particular areas, and haddock possession restrictions once this sub-ACL
is projected to be caught. Because the existing regulations combine
catches from both stocks of haddock, this haddock sub-ACL allocated to
the herring fishery is not currently monitored on a stock-specific
basis.
Finally, the ACL for each NE multispecies regulated species and
ocean pout stock would be allocated to the NE multispecies commercial
and recreational fisheries. With the exception of GOM cod and GOM
haddock, as noted below, the ACL for each NE multispecies regulated
species and ocean pout stock would be allocated to the commercial NE
multispecies fishery. This would be further divided between vessels
participating in approved Sectors and those fishing under the
provisions for the common pool (i.e., those vessels not participating
in an approved Sector), as described further in Item 14 of this
preamble. An allocation for a particular stock would not be made to the
recreational fishery if it is determined that, based upon available
information, the ACLs for NE multispecies regulated species and ocean
pout stocks are not being fully harvested by the NE multispecies
fishery, or if the recreational harvest, after accounting for state-
waters catch as described above, is less than 5 percent of the overall
catch for a particular stock. If a stock is allocated to the
recreational fishery, the distribution of the available ACLs for these
stocks between the commercial and recreational fisheries would be
determined based upon the average proportional catch of each component
[[Page 69388]]
for each stock during FYs 2001 through 2006. Based upon these criteria,
only two NE multispecies stocks would be allocated to the recreational
fishery at this time: GOM cod and GOM haddock.
6. AMs
As described in Item 5 of this preamble, Councils must establish
measures that prevent overfishing and ensure accountability in each
fishery. AMs are management controls that are intended to prevent ACLs
from being exceeded, or to correct/mitigate overages if they occur.
Amendment 16 would implement AMs for both the commercial and
recreational fisheries, as described below, including separate AMs for
Sector vessels, vessels fishing in the common pool, and private
recreational and charter/party vessels. Under Amendment 16, if the
overall ACL for a stock is exceeded, the AMs applicable to the NE
multispecies fishery, including those specified for Sector, common
pool, and recreational and charter/party vessels, would be triggered,
as specified below.
Sector AMs
Since Sectors were first implemented in 2004 under Amendment 13,
Sectors have provided an alternative to DAS and trip limits for
managing the catch of particular stocks. Similarly, Amendment 16 would
specify alternative AMs for common pool vessels and those participating
in Sectors. Amendment 16 would prohibit Sector vessels from fishing in
a particular stock area unless that Sector is allocated or acquires
quota for all NE multispecies regulated species or ocean pout stocks
allocated to Sectors and caught in that stock area. In addition,
Amendment 16 would require that Sector vessels cease fishing in a
particular stock area if the Sector exceeds its allocation of any NE
multispecies regulated species or ocean pout stocks caught in a
particular stock area. While Sectors could balance such overages
through acquiring allocation from another Sector, any overages at the
end of the FY would be deducted from that Sector's allocation during
the subsequent FY. As described below for the AMs effective if the
overall ACL for a particular stock is exceeded, the catch used to
determine an individual Sector's overage would include catch by each
Sector's vessels, as well as catch by other sub-components of the
fishery. If either the catch of a particular stock by a Sector's
vessels alone, or the catch of a particular stock by a Sector's vessels
added to a Sector's portion of the overall ACL overage caught by other
sub-components of the fishery exceeds the amount of that stock's ACL
allocated to an individual Sector, the amount of the overage would be
deducted from that Sector's allocation for that stock during the
following FY. If a Sector disbands following an overage, or does not
have sufficient allocation to cover the overage, an appropriate DAS or
Sector share penalty or fishing prohibition would apply to each
individual participating vessel during the subsequent FY, as further
described in Item 14 of this preamble. If a Sector exceeds its
allocations multiple times or by a large amount, the Sector operations
plan or monitoring program may be insufficient to control fishing
effort and could justify disapproval of the Sector in future years.
These measures are intended to ensure that Sectors avoid exceeding
their allocations. If Sector allocations are exceeded, appropriate
measures would be taken to either balance the overage or address it
through penalties in the following FY.
Common Pool AMs
Common pool vessels would be subject to two types of AMs: A
differential DAS counting AM during FYs 2010 and 2011, and a hard-TAC
AM overlaid upon the DAS effort controls in FY 2012 and beyond. This
transition from a DAS AM to a hard-TAC AM reflects the Council's intent
to transition from an effort control fishery to one managed through
hard TACs. This transition also would enable monitoring systems and
service providers to prepare for the increase in infrastructure and
personnel necessary to accommodate the influx of higher volumes of
catch data and the need to monitor greater numbers of offloads, as
further described below.
Under the proposed differential DAS counting AM, if the NMFS
Regional Administrator projects that the sub-ACL available to common
pool vessels for each NE multispecies regulated species or ocean pout
stock would be exceeded or underharvested by the end of the FY, based
upon catch data available through January of that year, a differential
DAS counting factor would be applied to each Category A DAS used in the
stock area for which the sub-ACL was exceeded or underharvested, during
the following FY. The catch used in this projection would include catch
by common pool vessels as well as a projection of the catch by other
sub-components of the fishery. If either the catch of a particular
stock by common pool vessels alone, or the catch of a particular stock
by common pool vessels plus the common pool's portion of any catch from
other sub-components of the fishery that cumulatively exceed the
overall ACL is projected to exceed the common pool's allocation for a
particular stock, the differential DAS counting AM would be triggered
for the following FY. This projection would be updated after the end of
the FY to help determine if the catch by other sub-components of the
fishery are accurately estimated for the purposes of determining
whether the differential DAS counting AM is triggered. The areas in
which differential DAS counting would apply are defined further in this
proposed rule. Of particular note is the differential DAS counting area
applicable to Atlantic wolffish. The Council added Atlantic wolffish to
the FMP, but neither specifically exempted Atlantic wolffish from the
differential DAS counting AM, nor specified the differential DAS
counting areas applicable to this species when it adopted Amendment 16.
An assessment of recent catches by Council staff during the development
of the Amendment 16 FEIS indicated that this species is primarily
landed from inshore waters of both the GOM and GB. Therefore, this
proposed rule would impose differential DAS counting in the Inshore GOM
and Inshore GB Differential DAS Counting Areas if the Atlantic wolffish
ACL is projected to be caught.
The Amendment 16 DEIS indicates that the exact areas associated
with this AM may be modified in the FEIS ``to be consistent with the
overall effort control program so that a complex mosaic of DAS counting
areas is avoided as much as possible.'' The differential DAS counting
areas initially proposed in the DEIS have, therefore, been revised
based upon consultation with the Groundfish PDT and the Chairman of the
Groundfish Oversight Committee. Consistent with the intent of Amendment
16, these areas have been modified to better reflect the broad stock
reporting areas described in further detail in Item 8 of this preamble,
and the existing boundaries of the U.S./Canada Management Area.
Specifically, an Inshore GB Differential DAS Counting Area was created
to reflect the Inshore GB Broad Stock Area (i.e., statistical area 521)
and the numerous stocks that are found within this area; the Inshore
GOM Differential DAS Counting Area boundaries were moved north to
intersect with the coastline of Maine, and west to create the Inshore
GB Differential DAS Counting Area; the Offshore GOM Differential DAS
Counting Area boundary was moved north to completely cover the
coastline of Maine, and the southern boundary was moved north to create
the Inshore
[[Page 69389]]
GB Differential DAS Counting Area; the Offshore GB Differential DAS
Counting Area boundary was moved north and west to better match the
boundaries of the U.S./Canada Management Area; and the SNE differential
DAS counting area boundary was moved west to have the area entirely
outside of the U.S./Canada Management Area. NMFS is particularly
interested in soliciting public comments on the creation of an Inshore
GB Differential DAS Area. As originally proposed in the Amendment 16
DEIS, the waters east of Cape Cod, including the shipping lanes known
as ``the Channel,'' were divided between the Inshore and Offshore GOM
Differential DAS Counting Areas. Because this area overlaps with the
GOM, GB, and SNE stock areas for certain species, and includes both
deep and shallow water, none of the originally proposed differential
DAS counting areas would be completely adequate to cover the full
ranges of some species. Thus, this proposed rule would treat this area
separately. Accordingly, if a stock is caught inside/outside of the
Inshore GB Differential DAS Counting Area, multiple areas would be
subject to differential DAS counting. For example, CC/GOM yellowtail
flounder is caught in both the Inshore GOM and the Inshore GB
Differential DAS Counting Areas. If catch by common pool vessels
exceeds the CC/GOM yellowtail flounder sub-ACL for this fishery, both
areas would be subject to differential DAS counting during the
following FY.
The differential DAS counting factor that would apply would be
based upon the projected proportion of the sub-ACL that is expected to
be caught by common pool vessels plus the common pool's portion of any
overage of the overall ACL for any stock caused by excessive catch by
other sub-components of the fishery, if appropriate, rounded to the
nearest even tenth, as listed in Table 4. If it is projected that catch
in a particular FY will exceed or underharvest the sub-ACLs for several
NE multispecies regulated species or ocean pout stocks within a
particular stock area, the Regional Administrator would apply the most
restrictive differential DAS counting factor within that particular
stock area. For example, if it were projected that common pool vessels
will be responsible for catch that is 1.2 times the GOM cod sub-ACL and
1.1 times the CC/GOM yellowtail flounder sub-ACL, the Regional
Administrator would apply a differential DAS counting factor of 1.2 to
any Category A DAS fished by common pool vessels only within the
Inshore GOM Stock Area during the following FY (i.e., Category A DAS
would be charged at a rate of 28.8 hr for every 24 hr fished, or 1.2
times 24-hr DAS counting). If it is projected that common pool vessels
will underharvest all stocks within a particular stock area by at least
10 percent and that the overall ACL for a particular stock is not
exceeded by all sub-components of the fishery, the Regional
Administrator would reduce the rate at which DAS are counted to allow
the fishery to achieve the ACLs for all stocks within that area. For
example, if the common pool catches 0.65 times the CC/GOM yellowtail
flounder sub-ACL and 0.80 times the sub-ACL for all other stocks within
the Inshore GOM Differential DAS Counting Area, the Regional
Administrator would apply a differential DAS factor of 0.80 to all
Category A DAS used only in the Inshore GOM Differential DAS Counting
Area during the following FY (i.e., Category A DAS would be charged at
a rate of 19.2 hr for every 24 hr fished, or 0.80 times 24-hr DAS
counting). If the Regional Administrator determines that similar DAS
adjustments are necessary in all stock areas (either to reduce or to
increase effort), the Regional Administrator would adjust the ratio of
Category A: Category B DAS to reduce/increase the number of Category A
DAS available, based upon the amount of the overage or underage, rather
than applying a differential DAS counting factor to all Category A DAS
used in all stock areas.
Any differential DAS counting factor implemented in FY 2012 for any
ACL overages in a particular stock area during FY 2011 would be applied
against the DAS counting rate implemented in that stock area for FY
2011. While unlikely, it is possible that, even if the differential DAS
counting AM is triggered in a particular stock area due to excessive
catch of one or more ACLs in that stock area in FY 2010, the catch of
stocks within that stock area could exceed ACLs during FY 2011, as
well. If this were to happen, it would suggest that the differential
DAS counting rate that was implemented as a result of excessive catch
in FY 2010 was insufficient to prevent the ACLs specified for FY 2011
from being exceeded. Therefore, while Amendment 16 does not
specifically address this possibility, it stands to reason that any
differential DAS counting factor applied to DAS fished in a particular
stock area during FY 2012 to account for the excessive catch in FY 2011
should be applied to the DAS rate charged during FY 2011, even if a
differential DAS counting rate was implemented in that stock area
during FY 2011. For example, if a projection by the Regional
Administrator concluded that 1.2 times the GOM cod ACL was caught
during FY 2010, a differential DAS factor of 1.2 would be applied to
any Category A DAS used in the Inshore GOM Stock Area during FY 2011
(i.e., Category A DAS would be charged at a rate of 28.8 hr for every
24 hr fished, or 1.2 times 24-hr DAS counting). However, if even this
higher DAS counting rate were insufficient to prevent the GOM cod ACL
from being exceeded again in FY 2011 and 1.5 times the GOM cod ACL was
caught during FY 2011, a differential DAS factor of 1.5 would be
applied to the DAS charging rate during FY 2011 (i.e., Category A DAS
would be charged at a rate of 43.2 hr for every 24 hr fished (1.2 x 1.5
x 24-hr DAS charge)). This would more accurately reflect the likely
reduction in effort needed to prevent the ACL from being exceeded, and
increase the likelihood that catch during FY 2012 would not exceed the
ACL in that stock area and result in the trimester TAC area closures
being triggered.
This differential DAS counting AM would not be triggered if the
Regional Administrator conducts an analysis of the mixed-stock
exception in 50 CFR 600.310(m) and determines that the mixed-stock
exception is applicable. Pursuant to a court order in the case of
Commonwealth of Massachusetts and State of New Hampshire v. Carlos M.
Gutierrez (Case No. 06-cv-12110 (EFH) in the U.S. District Court,
District of Massachusetts), NMFS conducted an analysis of the mixed-
stock exception, under old and new guidelines on this subject, to
determine if either provision was applicable to the development of
Framework Adjustment 42 to the FMP. Based upon this analysis, NMFS
concluded that the mixed-stock exception, under the old and new
guidelines, was not a viable alternative for the Council or NMFS to
consider or implement for overfished stocks addressed by Framework
Adjustment 42 or for any future conservation or management measures
related to overfished stocks. This analysis concluded that: (1) This
provision creates an exception from the requirement to end overfishing,
but does not eliminate the need to rebuild overfished stocks within
rebuilding timeframes established consistent with the Magnuson-Stevens
Act; (2) cannot be applied to overfished stocks pursuant to the
National Standard 1 Guidelines; and (3) cannot be used to jeopardize
the rebuilding programs of overfished stocks. Currently, at least 12 NE
[[Page 69390]]
multispecies regulated species or ocean pout stocks are overfished and
12 are subject to overfishing, with overfished stocks found in each of
the differential DAS counting areas proposed under this AM. Because
this AM is intended to prevent overfishing, applying the mixed-stock
exception to avoid implementing differential DAS counting in any stock
area due to an overage of the sub-ACL allocated to the common pool
would likely lead to overfishing of already overfished stocks.
Accordingly, NMFS has determined that the mixed-stock exception is
neither applicable, nor justified under the proposed measures for this
AM.
Table 4--Differential DAS Factor Applied as an Accountability Measure
During FYs 2010/2011
------------------------------------------------------------------------
Proportion of ACL caught Differential DAS factor
------------------------------------------------------------------------
0.5....................................... 0.5
0.6....................................... 0.6
0.7....................................... 0.7
0.8....................................... 0.8
0.9....................................... No change.
1.0....................................... No change.
1.1....................................... 1.1
1.2....................................... 1.2
1.3....................................... 1.3
1.4....................................... 1.4
1.5....................................... 1.5
1.6....................................... 1.6
1.7....................................... 1.7
1.8....................................... 1.8
1.9....................................... 1.9
2.0....................................... 2.0
------------------------------------------------------------------------
Starting in FY 2012, common pool vessels would be subject to a
hard-TAC AM. Under this AM, the sub-ACL available to common pool
vessels for each NE multispecies regulated species or ocean pout stock
would be apportioned into trimesters of 4 months duration, beginning at
the start of the FY (i.e., Trimester 1: May 1--August 31; Trimester 2:
September 1--December 31; Trimester 3: January 1--April 30), as listed
in Table 5. The distribution of these sub-ACLs into trimesters was
based upon a preferred distribution of recent landing patterns, but
would be adjusted through the biennial adjustment process to reflect
the landing patterns of the most recent 5-yr period available at the
time of each adjustment. If a trimester TAC is exceeded/underharvested,
the overage/underage would be applied to the following trimester, with
the exception that any underage could not be applied to the following
FY's trimester TACs. With the exception of windowpane flounder, ocean
pout, and Atlantic halibut, if the Regional Administrator projects that
90 percent of the trimester TAC for a NE multispecies regulated species
or ocean pout stock will be caught, the Regional Administrator would
close the area where the stock is predominantly caught to all NE
multispecies common pool vessels using gear capable of catching that
species, as listed in Table 6, for the remainder of that trimester. The
areas proposed to be closed to particular gears are further described
in this proposed rule, and are based upon the area that accounted for
90 percent of the catch of each stock according to available vessel
trip report (VTR) data for calendar years 2006 through 2008. These
areas differ slightly from those originally described in the Amendment
16 DEIS, as discussed further in Section 4.3.7.1.2 of the Amendment 16
FEIS. The Regional Administrator would be allowed to expand or narrow
the closure areas based upon additional catch information, to reflect
where each stock is actually caught. If the entire common pool sub-ACL
for a particular stock is exceeded (i.e., the common pool catch of that
stock at the end of the FY exceeds all three trimester TACs for that
stock combined, including the common pool's share of any overage of the
overall ACL for a particular stock caused by excessive catch of that
stock by vessels fishing in state waters outside of the FMP, exempted
fisheries, or the scallop fishery), an amount equal to the overage
would be deducted from the sub-ACL for that stock that is allocated to
common pool vessels during the following year. Because a targeted
fishery for windowpane flounder, ocean pout, and Atlantic halibut would
be eliminated by the restrictive trip limits proposed by this action
(i.e., a prohibition on the retention of these stocks, or, in the case
of halibut, a one-fish-per-trip restriction), the catch of these stocks
would be monitored for the purposes of deducting overages, but would
not trigger an area closure. Although Amendment 16 would not close
particular areas when these trimester TACs for these stocks are
harvested, it does include a trip limit adjustment for these stocks.
Once 60 percent of the trimester TAC for any of these stocks is
projected to be caught, the Regional Administrator would have the
authority to specify a trip limit to prevent the trimester TAC or sub-
ACL allocated to the common pool vessels from being exceeded. Because
retention of these stocks is either prohibited or restricted to one
fish per trip, such adjustments would not affect catch of these stocks
until possession is once again allowed when the stocks rebuild.
Although the Council proposes to add Atlantic wolffish to the FMP under
Amendment 16, and would prohibit the possession of this species, the
Council did not specifically exempt this species from the trimester TAC
AM. Accordingly, this action proposes to include an Atlantic wolffish
trimester TAC distribution and area closure for trawl and gillnet gear
based upon available catch data, as summarized in Tables 5 and 6.
Because Amendment 16 did not specifically address how to handle
Atlantic wolffish, NMFS is specifically seeking public comment on the
proposed Atlantic wolffish trimester TAC and closure area. Finally, the
white hake trip limit would be reduced to 500 lb (227 kg) per DAS, up
to 2,000 lb (907.2 kg) per trip. This is based upon a concern that the
ACL for white hake would be small, even when the stock is rebuilt.
Therefore, by reducing the white hake trip limit, the likelihood that
the trimester TAC would be exceeded would be reduced, thereby
minimizing the chance that a stock area would be closed due to
excessive landings of white hake.
Table 5--Portion of Common Pool ACLs Apportioned to Each Trimester Under the Common Pool Trimester TAC AM
----------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3
Stock (percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
GOM Cod......................................................... 27 36 37
GB Cod.......................................................... 25 37 38
GOM Haddock..................................................... 27 26 47
GB Haddock...................................................... 27 33 40
CC/GOM Yellowtail flounder...................................... 35 35 30
GB Yellowtail flounder.......................................... 19 30 52
SNE/MA Yellowtail flounder...................................... 21 37 42
GOM Winter flounder............................................. 37 38 25
[[Page 69391]]
GB Winter flounder.............................................. 8 24 69
SNE/MA Winter flounder.......................................... 36 50 14
Witch flounder.................................................. 27 31 42
American plaice................................................. 24 36 40
Pollock......................................................... 28 35 37
Redfish......................................................... 25 31 44
White hake...................................................... 38 31 31
Northern Windowpane flounder.................................... 33 33 34
Southern Windowpane flounder.................................... 33 33 34
Ocean pout...................................................... 33 33 34
Atlantic halibut................................................ 33 33 34
Atlantic wolffish............................................... 75 13 12
----------------------------------------------------------------------------------------------------------------
Table 6--Gear/Area Prohibitions Under the Common Pool Trimester TAC AM
----------------------------------------------------------------------------------------------------------------
Area/gear prohibited when TAC is caught
Species Stock ----------------------------------------------------
Statistical areas Gear
----------------------------------------------------------------------------------------------------------------
Cod................................ GB.................... 521,522,525,526,561........ Trawl, gillnet,
longline/hook.
GOM................... 513,514,515................ Trawl, gillnet,
longline/hook.
Haddock............................ GB.................... 521,522,561................ Trawl, gillnet,
longline/hook.
GOM................... 512,513,514,515............ Trawl, gillnet,
longline/hook.
Yellowtail flounder................ GB.................... 522,525,561,562............ Trawl, gillnet.
SNE/MA................ 537,539,612,613............ Trawl, gillnet.
CC/GOM................ 514,521.................... Trawl, gillnet.
American plaice.................... ...................... 512,513,514,515,521,522.... Trawl.
Witch flounder..................... ...................... 512,513,514,515,521,522.... Trawl.
Winter flounder.................... GB.................... 522,562.................... Trawl.
GOM................... 514........................ Trawl, gillnet.
SNE/MA................ 521,526,537,539,612,613.... Trawl.
Redfish............................ ...................... 513,514,515,521,522,561.... Trawl.
White hake......................... ...................... 511,512,513,514,515,521,522 Trawl, gillnet,
,. longline/hook.
525,561,613,616............
Pollock............................ ...................... 513,514,515,521,522,561.... Gillnet, trawl,
longline/hook.
Atlantic wolffish.................. ...................... 513,514, 521,522........... Trawl, gillnet.
----------------------------------------------------------------------------------------------------------------
To facilitate monitoring trimester TACs under the common pool
trimester TAC AM, 20 percent of trips by common pool vessels would have
their offloads monitored by an independent third-party service provider
approved/certified by NMFS to provide such services. These service
providers would be required to randomly deploy dockside monitors to
monitor the offload of catch directly to a dealer, and roving monitors
to monitor the offload of catch onto a truck for subsequent shipment to
a dealer. To ensure coverage is randomly deployed, common pool vessels
may only use one dockside monitoring service provider per fishing year.
The costs associated with monitoring vessel offloads would be the
responsibility of individual vessels. Vessels would be required to
submit trip-start and trip-end hail reports to facilitate the
deployment of such dockside/roving monitors, as further described in
Item 14 of this preamble.
Recreational AMs
For the recreational fishery, once recreational catch information
is available for the previous FY (expected by July), the Regional
Administrator would evaluate whether recreational catch exceeded the
recreational allocation for GOM cod or GOM haddock. For FY 2010,
recreational catch would be compared to the recreational ACL for each
stock for FY 2010. For FY 2011, the average recreational catch for FYs
2010 and 2011 would be compared to the average recreational ACL for
each stock during FYs 2010 and 2011. Beginning with FY 2012, the 3-year
average recreational catch would be compared to the most recent 3-year
average of the recreational ACL for each stock.
Because there is a high degree of uncertainty associated with the
number of recreational anglers and the amount of recreational catch
between fishing years, the Council determined that it would be
difficult to design an appropriate recreational AM in advance. In
addition, the Council determined that there is a need to coordinate
recreational measures with state management agencies represented on the
Council in determining recreational AMs, as a large portion of
recreational fishing activity occurs in state waters. Therefore, under
Amendment 16, if it is determined that the recreational fishery has
exceeded its allocation for GOM cod or haddock, NMFS would develop and
implement the appropriate measures necessary to prevent the
recreational fishery from exceeding the applicable sub-ACL in future
years, in consultation with the Council. Appropriate AMs for the
recreational fishery could include adjustments to fishing season,
minimum fish size, or possession limits.
AMs if an Overall ACL for a Particular Stock Is Exceeded
As described above, several components of the fishery are allocated
sub-ACLs for stocks managed by the FMP and are, therefore, subject to
AMs. However, Amendment 16 also proposes
[[Page 69392]]
that AMs for the NE multispecies fishery must be sufficient to prevent
overfishing on each stock as a whole. This means that, if catch by
components of the fishery that are not subject to AMs at this time
(i.e., vessels fishing in state waters outside of the FMP, exempted
fisheries, and the scallop fishery) exceed their allocations and the
overall ACL for a particular stock is exceeded, the AMs applicable to
the NE multispecies fishery described above, including those specified
for Sector, common pool, and recreational and charter/party vessels,
could be triggered to ensure that overfishing does not occur on the
stock as a whole. Because catch data for components of the fishery that
are not subject to AMs are not always available either within the FY,
or at the end of the FY, NMFS would implement or adjust any AMs
applicable to the NE multispecies fishery during the next FY, or as
soon as practicable thereafter, once catch data for all such fisheries
are available. If excessive catch by vessels fishing in state waters
outside the FMP, exempted fisheries, or the scallop fishery exceeds
these fisheries' individual allocations for a particular stock, but the
overall ACL for a particular stock is not exceeded, then no AMs would
be triggered in the NE multispecies fishery due to catch by such
fisheries. However, if an individual component of the NE multispecies
fishery exceeds its allocation of a particular stock, then the
applicable AM for that component of the fishery would be triggered,
even if the overall ACL for that stock is not exceeded.
If an overage of the overall ACL for a particular stock occurs, and
there is an overage of the sub-component of the ACL allocated to
vessels fishing in state waters outside the FMP, exempted fisheries, or
the scallop fishery, the amount of the overage of the overall ACL would
be divided among the entire NE multispecies fishery, including common
pool vessels, approved Sectors, and private recreational and charter/
party vessels, based upon each component's share of that stock's ACL
available to the NE multispecies fishery. Each component's share of the
ACL overage for a particular stock would then be added to the catch of
that stock by each component of the NE multispecies fishery to
determine if the resulting sum for each component of the fishery
exceeds that individual component's share of that stock's ACL available
to the NE multispecies fishery. If it does, that component would
automatically be subject to the applicable AM. The following is an
example to illustrate this calculation. For FY 2010, suppose there is
an overall ACL of 1,000 mt of CC/GOM yellowtail flounder allocated
across all fisheries. Five percent of the 1,000 mt (50 mt) is allocated
to vessels fishing in state waters outside the FMP, exempted fisheries,
and the Atlantic sea scallop fishery, while the remaining 95 percent
(950 mt) is allocated to the NE multispecies fishery. The 950 mt
allocated to the NE multispecies fishery is further divided between
common pool vessels (allocated 200 mt), Sector 1 (allocated 450 mt),
and Sector 2 (allocated 300 mt). In FY 2010, vessels fishing in state
waters outside the FMP, exempted fisheries, and the scallop fishery
cumulatively catch 300 mt of CC/GOM yellowtail flounder, exceeding
their allocation by 250 mt (i.e., 300 mt caught -50 mt allocated).
However, components of the NE multispecies fishery each caught less
than or equal to their allocations for this stock, with common pool
vessels catching 150 mt, Sector 1 vessels catching 450 mt, and Sector 2
vessels catching 300 mt. Cumulatively, the overall ACL for CC/GOM
yellowtail flounder was exceeded by 200 mt based upon the catch of all
fisheries (see Table 7 below). To determine how to distribute the
overage of the overall ACL among the components of the NE multispecies
fishery, it is necessary to first determine each component's share of
that stock's ACL that is available to the NE multispecies fishery by
dividing each component's allocation for that stock (i.e., 200 mt to
common pool vessels, 450 mt to Sector 1 vessels, and 300 mt to Sector 2
vessels) by the total amount allocated to the NE multispecies fishery
(200 mt + 450 mt + 300 mt = 950 mt). In this example, the common pool
is allocated 21 percent of the CC/GOM yellowtail flounder sub-ACL
available to NE multispecies vessels (200 mt / 950 mt), while Sector 1
is allocated 47 percent (450 mt / 950 mt), and Sector 2 is allocated 32
percent of the CC/GOM yellowtail flounder sub-ACL available to NE
multispecies vessels (300 mt / 950 mt). Therefore, to determine whether
the common pool and sector AMs would be triggered, 42 mt of the overage
(21 percent times 200 mt overage) would be added to the actual common
pool catch (150 mt), 94 mt of the overage (47 percent times the 200 mt
overage) would be added to the actual catch by Sector 1 vessels (450
mt), and 64 mt of the overage (32 percent times the 200 mt overage)
would be added to the actual catch by Sector 2 vessels of (300 mt). In
this example, because vessels in both Sector 1 and Sector 2 caught
their full allocation of CC/GOM yellowtail flounder, when the overage
of the overall ACL was proportionally distributed among the components
of the NE multispecies fishery, the total catch of CC/GOM yellowtail
flounder by Sector 1 vessels exceeded its CC/GOM yellowtail flounder
allocation by 94 mt (i.e., 450 mt catch by Sector 1 vessels + 94 mt
share of the overage = 544 mt, or a 94 mt overage of its allocation),
while the total catch of CC/GOM yellowtail flounder by Sector 2 vessels
exceeded its CC/GOM yellowtail flounder allocation by 64 mt (i.e., 300
mt catch by Sector 2 vessels + 64 mt share of the overage = 364 mt, or
a 64 mt overage of its allocation). Accordingly, the AMs for both
sectors would be triggered, resulting in Sector 1's CC/GOM yellowtail
flounder allocation being reduced by 94 mt, and Sector 2's CC/GOM
yellowtail flounder allocation being reduced by 64 mt during FY 2011.
However, when the common pool's share of the overage of the overall ACL
(42 mt) was added to the common pool's catch of CC/GOM yellowtail
flounder (150 mt), the total catch did not exceed the CC/GOM yellowtail
flounder allocation to the common pool (42 mt + 150 mt < 200 mt).
Therefore, the common pool would not be subject to the differential DAS
counting AM in FY 2011 (see Table 7 below).
[[Page 69393]]
Table 7--Example of How AMs Would Apply if the Overall ACL for a Stock Is Exceeded by Other Sub-components of the Fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total catch Amount of
Distribution of plus sub-ACL
Amount of Share of Catch in exempted exempted exceeded
Component of the fishery Share of sub-ACL mults ACL FY 2010 Overage fisheries and fisheries after
ACL (%) (mt) (%) (mt) (mt) scallop overage and scallop addition of
(mt) overage overage
(mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sector 1.............................................. 45 450 47 450 0 94 544 95
Sector 2.............................................. 30 300 32 300 0 64 364 63
Common Pool........................................... 20 200 21 150 -50 42 192 -8
State Waters Fisheries, Exempted Fisheries, and the 5 50 NA 300 250 NA NA NA
Scallop Fishery......................................
-------------------------------------------------------------------------------------------------
Total............................................. 100 1,000 100 1,200 200 200 1,100 150
--------------------------------------------------------------------------------------------------------------------------------------------------------
7. Issuance of Limited Access Multispecies and Atlantic Sea Scallop
Permits
Currently, a vessel cannot be issued a limited access NE
multispecies permit and a limited access Atlantic sea scallop permit at
the same time, unless the scallop dredge vessel qualified for a limited
access NE multispecies combination permit. In addition, vessels issued
a limited access Atlantic sea scallop trawl permit and a limited access
NE multispecies permit can not use scallop dredge gear unless it
voluntarily relinquishes its limited access NE multispecies permit.
Amendment 16 proposes to remove these restrictions and allow a vessel
to be issued both a limited access NE multispecies permit and a limited
access Atlantic sea scallop permit at the same time. In addition, this
change would allow the owner of a vessel currently issued a limited
access Atlantic sea scallop trawl permit to convert to a dredge gear
permit without relinquishing his/her limited access NE multispecies
permit. This provision is intended to increase the flexibility of
vessel operations by eliminating restrictions that limit participation
in both the Atlantic sea scallop fishery and the NE multispecies
fishery by the same vessel and, thereby, increase the potential return
on investments in both fisheries.
8. Recordkeeping and Reporting Requirements
VTRs
Under the current regulations, all operators of vessels issued a
Federal fishing permit, with the exception of vessels issued an
American lobster permit, must submit a VTR within 15 days after the end
of the reporting month. These VTRs specify gear used, area fished, and
amount of each species kept and discarded, as well as other pertinent
information for each fishing trip. VTRs are used to apportion catch to
stock areas for catch monitoring and stock assessment purposes. Current
VTR submission requirements result in delays in receiving and
processing VTRs, making them unusable for the timely monitoring of
either Sector catch or ACLs at the stock level, both of which rely upon
catch, area, and gear information contained in VTRs.
Neither Amendment 16, nor any other previous Council action in the
FMP, specified the VTR submission requirements, but rather deferred
specification of such requirements to NMFS. Because of the need for
more real-time data to implement ABCs, ACLs, and Sector provisions
under Amendment 16, NMFS is proposing to increase the reporting
frequency for VTRs for all vessels issued a NE multispecies permit. The
VTR submission requirements would change from requiring submission of
VTRs within 15 days after the end of the reporting month to requiring
that VTRs, including ``did not fish reports,'' be submitted by midnight
of the first Tuesday following the end of the reporting week (i.e.,
0001 hr local time Sunday through 2400 hr local time the following
Saturday). The date when fish are offloaded would dictate the reporting
week for which the VTR must be submitted to NMFS, and any fishing
activity during a particular reporting week (i.e., starting a trip,
landing, or offloading catch) would constitute fishing during that
reporting week, and would eliminate the need to submit a negative
fishing report to NMFS for that reporting week. For example, if a
vessel issued a NE multispecies permit begins a fishing trip on
Wednesday, but returns to port and offloads its catch on the following
Thursday (i.e., after a trip lasting 8 days), the VTR for that fishing
trip would need to be submitted by midnight Tuesday of the third week,
but a negative report (i.e., a ``did not fish'' report) would not be
required for either week. These measures would make the VTR submission
requirements consistent with dealer report submission requirements and
would increase the accuracy and timeliness of catch data available for
monitoring and assessment purposes under this action.
Area Declarations
Amendment 16 proposes to establish four broad stock areas that
encompass multiple statistical areas for the purposes of providing more
accurate and timely data to apportion catch to individual stock areas,
including providing area information for stock apportionment if VTR
data are missing or delayed. Operators of all vessels issued a limited
access NE multispecies permit that are fishing for NE multispecies
under a NE multispecies DAS, under the provisions of a small vessel
category (Category C) or Handgear A permit, or on a Sector trip would
be required to declare their intent to fish in one or more of these
broad stock areas via their vessel monitoring system (VMS) prior to
each trip on which NE multispecies may be landed. In addition, all
vessels would be required to submit the VTR serial number associated
with the first page of the VTR for that trip, as instructed by the
Regional Administrator. The VTR serial number would be used to link
VTRs with dealer reports and VMS data to increase the accuracy of data
used for monitoring catch.
Trip-level Catch Reports
If the operator of a limited access NE multispecies vessel,
including vessels issued a limited access Handgear A permit, declares
his/her intent to fish in multiple broad stock areas on the same
[[Page 69394]]
trip, as described above, the operator would be required to submit a
trip-level catch report to NMFS via VMS that details the amount of each
NE multispecies regulated species or ocean pout species kept (in
pounds, landed weight) from each broad stock area on that trip prior to
crossing the VMS demarcation line upon the return to port, as
instructed by NMFS. This report would be required for such trips unless
the vessel is required to submit a daily VMS catch report when
operating in one of the special management programs (SMPs), as
described further below. These reports would be used to provide more
timely data on catch apportionment to stock areas until VTR data become
available.
Amendment 16 proposes that vessels fishing in multiple broad stock
areas would be required to submit daily VMS catch reports. However,
Amendment 16 also provides NMFS with the ability to specify other
reporting procedures to reduce unnecessary duplication. Therefore, as
noted above, NMFS is proposing to require trip-level VMS catch reports
instead of daily catch reports to minimize the reporting burden on
vessels without compromising data available to accurately monitor NE
multispecies regulated species and ocean pout catch. In addition,
Amendment 16 would authorize NMFS to exempt a vessel participating in
an approved Sector from the trip-level VMS catch reports when declaring
its intent to fish in multiple broad stock areas to reduce unnecessary
duplication. At this time, NMFS has determined that these trip-level
catch reports are necessary to accurately monitor NE multispecies
regulated species and ocean pout catch by all NE multispecies vessels,
including those that are fishing under an approved Sector operations
plan. If further review of available catch monitoring data indicates
that trip-level catch reports are no longer necessary to accurately
monitor NE multispecies regulated species and ocean pout catch, and
duplicate other available catch data, NMFS may exempt Sector vessels
from such reporting requirements during subsequent FYs.
SMP Reporting Requirements
Amendment 16 would maintain the existing reporting requirements for
vessels that participate in a SMP (i.e., SAPs, the U.S./Canada
Management Area, and the Regular B DAS Program), unless otherwise noted
below for vessels participating in an approved Sector. All of these
programs require vessel operators to submit a daily VMS catch report
detailing the amount of each species kept and discarded, the
statistical area fished, the VTR serial number for that trip, and the
date the fish were caught. In Framework Adjustment 42 (October 23,
2006; 71 FR 62156), the Council adopted, and NMFS approved, universal
reporting requirements for SMPs to reduce complexity and increase data
quality for the purposes of monitoring catch in these programs. As
described above, Amendment 16 would also require all NE multispecies
vessels to submit a trip-level catch report when fishing in multiple
broad stock reporting areas. To maintain consistency with the Council's
intent to streamline the reporting requirements and minimize the time
and cost burden associated with such reporting requirements, NMFS
proposes to revise the daily VMS catch report for SMPs to reflect the
requirements outlined in the trip-level catch reports described above.
This would eliminate the current requirement for vessel operators
fishing in SMPs to report species discards and statistical area fished,
but would require vessel operators to specify the VTR serial number or
other universal trip ID specified by NMFS, the date fish were caught
(applicable only for SMP trips), and the amount of each species kept in
each broad stock reporting area.
Amendment 16 proposes that Sector vessels participating in SMPs
would be required to comply with the SMP-specific reporting
requirements, but would specifically provide the Regional Administrator
with the authority to remove SMP-specific reporting requirements if it
is determined that the reporting requirements are unnecessary. At this
time, NMFS has determined that daily SMP-specific VMS catch reports for
vessels participating in Sectors are unnecessary, because Sectors would
be allocated ACE for most NE multispecies regulated species and ocean
pout stocks and, therefore, would not be subject to any SMP-specific
TACs or other restrictions on catch; would be responsible for ensuring
that Sector allocations are not exceeded; and would provide sufficient
information to monitor all Sector catch through the submission of
weekly Sector catch reports described further in Item 14 of this
preamble. Consistent with Amendment 16, NMFS is proposing to retain the
authority to reinstate such reporting requirements if it is later
determined that the weekly Sector catch reports are insufficient to
adequately monitor catch by Sector vessels in SMPs. This exemption from
the SMP reporting requirements for Sector vessels would not apply to
vessels participating in the Closed Area (CA) I Hook Gear Haddock SAP.
This SAP includes an overall haddock TAC that is applicable to both
Sector and common pool vessels fishing in this SAP. Therefore, the
existing requirement for Sector managers to provide daily catch reports
by participating Sector vessels would be maintained.
Dealer Reporting and Record Retention Requirements
Because Amendment 16 would implement new requirements for dockside/
roving monitors for common pool vessels beginning in FY 2012, and for
Sector vessels beginning in FY 2010, as described in Items 6 and 14 of
this preamble, respectively, the dealer reporting and record retention
requirements currently specified in Sec. 648.7(a) and (e),
respectively, need to be revised to accommodate additional reporting
requirements associated with these measures. Specifically, NMFS is
proposing to require dealers to provide a copy of any dealer weigh-out
documents or dealer receipts for a particular offloading event to
dockside/roving monitors, allow the dockside/roving monitor to sign a
copy of the official weigh-out document or dealer receipt retained by
the dealer, or sign a dockside monitoring report provided by a
dockside/roving monitor. In addition, this proposed rule would require
vendors providing dockside/roving monitor services to retain and make
available for review any records relating to fish offloaded and
observed by dockside/roving monitors for 3 yr after the fish were first
offloaded. This measure is intended to maintain consistency with
existing record retention requirements and facilitate enforcement of
measures proposed under Amendment 16.
Pre-Trip Observer Notification
To better monitor NE multispecies regulated species and ocean pout
catch under Amendment 16, NMFS is likely to receive sufficient funding
to increase observer coverage in the NE multispecies fishery for FY
2010 and, possibly, 2011. At this time, funding is likely available to
observe up to 30 percent of common pool trips, and up to 38 percent of
Sector trips. To ensure that NMFS can achieve targeted observer
coverage levels, the NMFS Northeast Fisheries Observer Program (NEFOP)
needs additional information to facilitate the deployment of observers
on trips that would land NE multispecies regulated species and ocean
pout. Therefore, based on the authority provided the Secretary to
request additional information to
[[Page 69395]]
implement an FMP in sections 305(d) and 402(a) of the Magnuson-Stevens
Act, NMFS is proposing to require that any vessel issued a limited
access NE multispecies permit and fishing under a NE multispecies DAS
or on a Sector trip provide NMFS with the vessel name, permit number,
and Sector to which the vessel belongs, if applicable; contact name and
telephone number for coordination of observer deployment; date, time,
and port of departure; area to be fished; and gear type to be used at
least 48 hr prior to departing port on any trip declared into the NE
multispecies fishery. For trips lasting 48 hr or less, the vessel
owner, operator, or manager would be able to make a weekly
notification, rather than a separate notification prior to each trip.
Such weekly notifications must occur by 0001 hr of the Friday preceding
the week (Sunday through Saturday) that they intend to complete at
least one NE multispecies DAS or Sector trip during the following week.
Trip notification calls must be made no more than 10 days in advance of
each fishing trip. NMFS would inform the vessel whether an observer has
been assigned for that trip, or a waiver issued within 24 hr of
notification. This pre-trip notification would fulfill the current and
proposed observer notification requirements for trips into SMPs.
However, if funding is no longer sufficient to provide high levels of
observer coverage for the entire fishery, the Regional Administrator
may eliminate this pre-trip notification requirement for all trips, as
it would no longer be necessary to facilitate observer deployment for
all NE multispecies vessels. If this occurs, the pre-trip observer
notification requirements for trips into SMPs would remain in effect.
Public comment is sought specifically regarding: (1) Whether this
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; the accuracy of the burden
estimate; (2) ways to enhance the quality, utility, and clarity of the
information to be collected; and (3) ways to minimize the burden of the
collection of information, including through the use of automated
collection techniques or other forms of information technology. In
particular, NMFS is seeking comment on reporting requirements that were
not specifically detailed in the Amendment 16 FEIS, but may be
considered necessary to carry out Amendment 16 measures. These measures
include the increased frequency of VTR submissions; pre-trip observer
notification to facilitate observer deployment; and hail reports
required for dockside and at-sea monitoring requirements specified in
Items 6 and 15 of this preamble, respectively. Send comments on these
or any other aspects of the collection of information to (enter office
name) at the ADDRESSES above and by e-mail to [email protected] or fax to (202) 395-7285.
9. Effort Controls
Amendment 16 proposes a number of revisions to existing effort
controls, including revisions to NE multispecies DAS allocations, NE
multispecies DAS accrual provisions, gear restricted areas, and trip
limits, as described in further detail below. These effort controls
would apply to vessels fishing under the provisions of the common pool.
When the Council adopted Amendment 16, the effort controls selected
were expected to meet the necessary mortality reductions for all
stocks, with the exception of SNE/MA winter flounder and northern
windowpane flounder, as estimated by the Groundfish PDT based upon
earlier guidance by the SSC regarding ABCs. As described above,
Amendment 16 proposes to implement measures that would eliminate
targeting of SNE/MA winter flounder and reduce discards in other trawl
fisheries to reduce F on SNE/MA as close to zero as practicable. A
similar approach is proposed for northern windowpane flounder, but a
Frebuild cannot be calculated due to uncertainty in the
assessment for this stock and, therefore, the effort controls described
below would reduce F to the extent practicable.
DAS Allocation
Amendment 16 would revise the way NE multispecies DAS allocated to
both common pool and Sector vessels would be distributed between
Category A and Category B DAS, as originally implemented under
Amendment 13. Starting in FY 2010, common pool vessels would have their
DAS allocations distributed as follows: Category A DAS would represent
27.5 percent of a vessel's Amendment 13 DAS baseline, Category B
Regular DAS would represent 36.25 percent of the Amendment 13 DAS
baseline, and Category B Reserve DAS would represent 36.25 percent of
the Amendment 13 DAS baseline. For example, a vessel with an Amendment
13 DAS baseline of 88 DAS would be allocated 24.2 Category A DAS, 31.9
Category B Regular DAS, and 31.9 Category B Reserve DAS. This
represents a 50-percent reduction from each vessel's 2006 DAS
allocation, or an approximately 32-percent reduction from each vessel's
2009 DAS allocation.
Amendment 16 would exempt Sector vessels from the DAS allocation
reductions for common pool vessels because such vessels would be
subject to hard TACs to control fishing effort. As a result, Amendment
16 would retain the existing 2009 DAS allocations for vessel's
participating in a Sector for the purposes of participating in the
monkfish fishery, a fishery that still requires the concurrent use of a
NE multispecies DAS with a monkfish DAS for vessels issued a limited
access Category C and D monkfish permit. If a vessel fishes in the
common pool in one FY, but in an approved Sector during the next FY,
its DAS allocation for each FY would reflect whether the vessel is
fishing under the common pool, or participating in an approved Sector.
DAS Counting
Under Amendment 16, all NE multispecies DAS used by vessels fishing
in the common pool would be counted in 24-hr increments, based upon the
time called into the DAS program via VMS or the interactive voice
response (IVR) system. For example, if a vessel fished 6 hr, it would
be charged for 24 hr of DAS usage; a vessel that fished 25 hr would be
charged for 48 hr of DAS usage. The existing differential DAS counting
areas and minimum DAS charge for Day gillnet vessels (i.e., the 3-15
DAS counting rule where Day gillnet vessels were charged 15 hr for any
trip greater than 3 hr or less than or equal to 15 hr in duration, but
actual time fished for any trip less than or equal to 3 hr or greater
than 15 hr in duration) would be eliminated.
Although Amendment 16 would exempt vessels participating in a
Sector from the requirement to use a NE multispecies DAS to land NE
multispecies regulated species and ocean pout, vessels issued a limited
access Category C or D monkfish permit would still be required to use a
NE multispecies DAS to comply with the restrictions of the monkfish
fishery. As a result, because Sector vessels would be exempt from the
Amendment 16 NE multispecies DAS counting provisions for common pool
vessels, Sector vessels issued a limited access Category C or D
monkfish permit fishing under a monkfish DAS would be charged NE
multispecies DAS to the nearest minute based upon the time called into
the DAS program via VMS or the IVR call-in system. Similarly, Sector
vessels fishing under the Day gillnet designation (i.e., those vessels
that return to port after setting their gillnets) would no longer be
[[Page 69396]]
subject to the existing NE multispecies Day gillnet DAS counting
provisions, as described above for common pool DAS counting measures.
Restricted Gear Areas (RGAs)
Amendment 16 proposes two RGAs for common pool vessels. Both RGAs
are intended to reduce the catch of flatfish species (predominantly
SNE/MA winter flounder and SNE/MA yellowtail flounder) through the
required use of selective gear in areas where these species are caught.
Under Amendment 16, vessels fishing in either the Western GB RGA or the
SNE RGA would be restricted to using the following gear: A haddock
separator trawl, a Ruhle trawl, a rope trawl, longline/tub trawls,
handgear, or sink gillnets. Tie-down gillnets would be allowed,
provided the mesh is greater than or equal to 10 inches (25.4 cm). Gear
other than those listed above would not be allowed on board when
fishing within these RGAs. The Regional Administrator could approve the
use of additional gear within these RGAs, provided the new gear meets
the standards established for the approval of additional gear in SMPs.
The existing gear performance standards would apply to gear used in
these areas to ensure that selective gear is used properly (e.g.,
restrictive trip limits for flatfish and other bottom-oriented species,
such as 500 lb (226.8 kg) of all flatfish species combined, and zero
lobsters). Common pool vessels fishing in the RGAs would be required to
declare into these areas via VMS, as instructed by the Regional
Administrator. In lieu of a VMS declaration, the Regional Administrator
may authorize such vessels to obtain a letter of authorization (LOA) to
fish in these RGAs. The minimum participation period for these LOAs
would be 7 consecutive days, meaning that a vessel must agree to fish
in these areas for a minimum of 7 consecutive days. If issued a LOA, a
vessel must retain the LOA on board for the duration of the
participation period. A vessel could fish inside and outside of these
RGAs on the same trip, but would be subject to the most restrictive
measures (gear, trip limits, etc.) for the areas fished for the entire
trip. A vessel fishing outside of these areas could transit the RGAs,
provided gear other than the selective gear specified above is properly
stowed.
Both the areas and the gear required to be used in these areas are
further defined in this proposed rule. NMFS based the proposed
definition of the rope trawl upon the description of the net in the
final report of the research project that designed and tested this net,
referenced in the Amendment 16 FEIS, and consultations with the
industry gear experts, research scientists, and vessel operators that
designed the net. NMFS is specifically seeking public comment on the
description of the rope trawl. The coordinates proposed for the SNE
Multispecies RGA have been slightly revised from those proposed in
Amendment 16 to more accurately outline the proposed areas and reflect
the area adopted by the Council, as depicted in Figure 4 of the
Amendment 16 FEIS, as it intersects with the coastline of Martha's
Vineyard, MA.
Trip Limits
In conjunction with the DAS restrictions described above, the
following changes to trip limits are proposed:
GOM cod: The possession limit would be increased to 2,000 lb (907.2
kg) per DAS, up to 12,000 lb (5,443.2 kg) per trip for vessels fishing
under a NE multispecies DAS or under the Small Vessel permit exemption
(Category C permit).
GB cod: The possession limit would be increased to 2,000 lb (907.2
kg) per DAS, up to 20,000 lb (9,072 kg) per trip for vessels fishing
under a NE multispecies DAS or under the Small Vessel permit exemption.
The existing trip limit for GB cod caught within the Eastern U.S./
Canada Area or the Eastern U.S./Canada Haddock SAP would remain the
same, at 500 lb (226.8 kg) per DAS, up to 5,000 lb (2,268 kg) per trip;
and 1,000 lb (453.6 kg) per trip, respectively. Consistent with
existing regulations, a vessel would need to declare its intent to fish
exclusively within the GB Regulated Mesh Area (RMA) via VMS to be
exempt from the GOM cod limit of 12,000 lb (5,443.2 kg) per trip.
Cod limit for Handgear A vessels: The possession limit would
increase to 750 lb (340.2 kg) per trip, consistent with the automatic
possession limit adjustment provision implemented under Amendment 13.
Cod limit for Handgear B vessels: The possession limit would
increase to 200 lb (90.7 kg) per trip, consistent with the automatic
possession limit adjustment provision implemented under Amendment 13.
CC/GOM and SNE/MA yellowtail flounder: The possession limit would
increase to 250 lb (113.4 kg) per DAS, up to 1,500 lb (680.4 kg) per
trip.
GB yellowtail flounder: There would be no possession limit
specified for this stock at the beginning of the FY. However, the
Regional Administrator could implement a possession limit either prior
to, or during, the FY to prevent the available GB yellowtail flounder
TAC specified for common pool vessels fishing in the U.S./Canada
Management Area from being exceeded.
Atlantic halibut: The current trip limit of one fish per trip would
be maintained.
SNE/MA winter flounder, windowpane flounder, ocean pout, and
Atlantic wolffish: Landing of these stocks would be prohibited in any
fishery.
In addition to the trip limits specified above, Amendment 16
proposes additional restrictions on the amount of fish that a vessel
could land. Under Amendment 16, only one landing limit of regulated
species could be landed in any 24-hr period by any vessel fishing under
the common pool. If fishing in multiple stock areas, the most
restrictive possession limit would apply to the entire trip. Because
DAS used by common pool vessels would be counted in 24-hr increments,
the existing cod running clock provision would be eliminated under
Amendment 16. This provision allowed a vessel that fished only part of
an additional DAS to land an additional day's worth of cod, provided
the vessel declared the additional landings to NMFS so that up to an
additional 24 hr of DAS could be charged for that trip.
GOM Haddock Sink Gillnet Pilot Program
Amendment 16 proposes to implement a pilot program that would allow
common pool vessels to fish with 6-inch (15.24-cm) mesh stand-up sink
gillnets (tie-down gillnets would be prohibited) in the GOM RMA between
January 1 through April 30 of each year. Day gillnet vessels would not
be able to fish with, possess, haul, or deploy more than 30 nets per
trip, but Trip gillnet vessels would not be limited in the number of
nets they could fish with, possess, haul, or deploy. Vessels
participating in this program would be required to use Category A DAS
for any fishing trip taken during the season specified for this program
(i.e., any trip between January 1 and April 30), regardless of whether
catch is landed (i.e., a Day gillnet vessel would be required to use
Category A DAS to deploy gillnets). Participating vessels would be
required to declare their intent to participate in this pilot program
by October 1 of each year. The Regional Administrator would issue LOAs
to participating vessels that must be carried on board during the
season specified for this pilot program. In addition, vessels would be
required to notify the NMFS Observer Program at least 48 hr prior to
every trip under this pilot program to facilitate the
[[Page 69397]]
deployment of observers. This pilot program would be in place for FY
2010 through FY 2012, unless continued through a future Council action.
The Regional Administrator could suspend participation in this pilot
program by individual vessels or by all vessels if the program is
determined to be inconsistent with the goals and objectives of the FMP.
As identified in a February 6, 2009, letter to the Council, NMFS
considers this pilot program a SAP, as defined in Section 3.4.5.2 of
the SEIS for Amendment 13, as it intends to facilitate the targeting of
a healthy NE multispecies stocks in a manner that would otherwise be
prohibited. In this case, the pilot program would target haddock by
allowing vessels to use undersized mesh in the GOM RMA. Because NMFS
considers this pilot program a SAP, the criteria adopted in Amendment
13 to approve a SAP should be applied. Among other things, to be
approved, a SAP must not result in overfishing of any stock, or
increase F on a stock of concern (defined as a stock subject to
overfishing or that is overfished), and must reduce discards to the
extent practicable on all species. Amendment 13 also indicates that a
SAP should not undermine the achievement of the goals of the FMP,
including efforts to rebuild overfished stocks, end overfishing, and
minimize bycatch. NMFS is specifically seeking public comment regarding
this Pilot Program and whether the SAP approval provisions should apply
when deciding whether to approve this SAP under Amendment 16.
10. DAS Leasing and Transfer Programs
Amendment 16 includes several revisions to the DAS Leasing and
Transfer Programs that are intended to eliminate unnecessary
administrative procedures that would impede participation in these
programs, as follows. Existing restrictions on leasing DAS between
vessels participating in Sectors and those fishing in the common pool
would be continued under Amendment 16. A similar restriction on DAS
transferred under the DAS Transfer Program is proposed under Amendment
16, as further described in Item 14 of this preamble.
Eligibility
The DAS Leasing and Transfer Programs were first implemented under
Amendment 13 to increase the economic efficiency of vessel operations
by allowing vessels to acquire additional DAS, or lease unused DAS to
another vessel. Amendment 13 prohibited permits held in confirmation of
permit history (CPH) from participating in these programs to slow the
reactivation of fishing effort. Because permits in CPH can be
reactivated at any time, the Amendment 13 prohibition created an
administrative barrier to reactivation of such effort. Amendment 16
would eliminate this administrative barrier by allowing permits held in
CPH to participate in the DAS Leasing and Transfer Programs without
being activated by being placed onto a vessel. Because of continued
effort controls proposed under Amendment 16, the concern that
participation of permits in CPH would speed up the activation of effort
is somewhat mitigated, while providing greater opportunities to
increase the efficiency of vessel operations.
DAS Transfer Conservation Tax
In addition to increasing the flexibility and economic efficiency
of fishing operations, the DAS Transfer Program was intended to provide
long-term reduction in fishing effort by reducing active and inactive
DAS from the fishery through the implementation of a conservation tax
on DAS transferred under this program. However, no permits participated
in this program until the DAS conservation tax was reduced from 40
percent to 20 percent on Category A and B DAS, in conjunction with
other changes to the program, under Framework Adjustment 42 in FY 2006.
While some vessel owners have consolidated DAS and permits under this
program since FY 2006, in large part, the efficiency and conservation
gains expected from this program have not materialized due to low
participation in this program. Amendment 16 proposes to eliminate the
DAS conservation tax entirely to increase participation in this
program. Any DAS reduced due to the conservation tax applied to
previously approved transfers would not be reinstated.
DAS Leasing Cap
When Amendment 13 first implemented the DAS Leasing Program, a cap
was placed on the number of DAS a vessel could acquire to reduce the
possibility that a vessel would accumulate excessive DAS. This cap was
based upon the 2001 DAS allocation of the vessel acquiring DAS from
another vessel. Because the concurrent implementation of the DAS
Transfer Program allowed vessel owners to consolidate DAS allocations
associated with each permit, it was realized that the DAS leasing cap
could be circumvented by consolidating permits under the DAS Transfer
Program. In addition, with the continued reduction of DAS, including an
additional 32-percent reduction in DAS allocations for common pool
vessels under Amendment 16, the DAS leasing cap imposes a barrier that
prevents vessels from acquiring sufficient DAS to remain economically
viable. Therefore, Amendment 16 would eliminate the DAS leasing cap.
There would be no limit on the number of DAS that a permit holder could
lease from another permit holder.
11. Minimum Fish Size
Although the 2009 interim rule reduced the haddock minimum fish
size from 19 inches (48.3 cm) to 18 inches (45.7 cm), the FMP still
includes a minimum fish size of 19 inches (48.3 cm) for haddock and a
minimum fish size of 36 inches (91.4 cm) for Atlantic halibut. Because
of slower than expected growth rates, large amounts of undersized
haddock are being discarded. Since both stocks of haddock are rebuilt,
Amendment 16 proposes to reduce the minimum fish size to 18 inches
(45.7 cm) for all NE multispecies vessels, including both commercial
and recreational vessels, to reduce discards and increase landings of
this healthy species. In addition, GARM III indicated that the median
length at maturity for female halibut in the GOM is 41 inches (104.1
cm). Because this stock is overfished, Amendment 16 proposes to
increase the minimum fish size for halibut to 41 inches (104.1 cm) for
both commercial and recreational vessels to increase opportunities for
halibut to spawn prior to capture, thereby increasing the likelihood
that this stock will meet rebuilding objectives.
12. SMPs and SAPs
Amendment 16 proposes several changes to existing SAPs for both
common pool vessels and those fishing in an approved Sector, as
described in further detail below.
U.S./Canada Management Area
In 2006, Framework Adjustment 42 increased the flexibility of
vessel operations in the Eastern U.S./Canada Area by allowing vessels
fishing in the area to fish both inside and outside of the Eastern
U.S./Canada Area on the same trip. As part of that provision, all catch
of cod, haddock, and yellowtail flounder would count against the
Eastern U.S./Canada TACs for GB cod and GB haddock, and the overall TAC
for GB yellowtail flounder. This proposed rule would revise this
provision to accommodate the allocation of these stocks to Sectors, as
proposed in Amendment 16.
[[Page 69398]]
Incidental Catch TAC
In 2004, Framework Adjustment 40A (November 19, 2004; 69 FR 67780)
developed incidental catch TACs to limit the catch of species of
concern (i.e., stocks that were overfished or subject to overfishing)
when vessels were targeting healthier NE multispecies regulated species
or ocean pout stocks under a Category B DAS in SMPs. In subsequent
actions, incidental catch TACs were added for several species and
adjustments were made in the size and distribution of these TACs to
accommodate revised stock status and new SMPs, respectively. Amendment
16 continues to revise incidental catch TACs to accommodate the
development of ACLs and the incorporation of pollock as a stock of
concern. Proposed incidental catch TACs would be based upon the ACL
available to the commercial common pool fishery, as only common pool
vessels would be able to participate in these programs under a Category
B DAS.
Under Amendment 16, the existing specification of incidental catch
TACs for all stocks would remain the same, but a pollock incidental
catch TAC would be specified based upon 2 percent of the ACL available
to common pool vessels. This incidental catch TAC would be distributed
to all SAPs, as follows: 50 percent to the Regular B DAS Program, 16
percent to the CA I Hook Gear Haddock SAP, and 34 percent to the
Eastern U.S./Canada Haddock SAP. Consistent with existing SAP
provisions, once the pollock incidental catch TAC is projected to be
caught by common pool vessels, the use of Category B DAS in that
particular SAP would be prohibited for the remainder of the season, as
specified by the Regional Administrator.
Eastern U.S./Canada Haddock SAP
The Eastern U.S./Canada Haddock SAP was implemented as a 2-year
pilot program under Framework Adjustment 40A in 2004. Framework
Adjustment 42 extended this SAP for an additional 2 years in 2006. The
2009 interim action extended this SAP throughout FY 2009. Amendment 16
would extend this SAP indefinitely. In addition, Amendment 16 would
allow participating vessels to use codends with a minimum mesh size of
6 inches (15.24 cm) diamond or square mesh. All catch by Sector vessels
would count against the Sector's allocation for each stock, including
those specific to the Eastern U.S./Canada Area. Because Sectors would
be restricted by their allocations for each stock, Sector vessels would
not be restricted in the gear that could be used when participating in
this SAP. Sector vessels would be allowed to continue to fish in this
Eastern U.S./Canada Area Haddock SAP for the entire season specified
for this SAP as long as the Sector to which they belong has been
allocated quota for all stocks caught in this SAP.
CA I Hook Gear Haddock SAP
The CA I Hook Gear Haddock SAP would be revised to expand both the
area and the season of this SAP under Amendment 16. The season would be
extended to run from May 1 through January 31. The seasonal split
between Sector and common pool vessels implemented by Framework
Adjustment 41 (September 14, 2005; 70 FR 54302) would be eliminated,
meaning that both Sector vessels and common pool vessels would be able
to fish under this SAP throughout the proposed season, provided the
Sectors to which Sector vessels belong have been allocated quota for
all stocks caught in this SAP. Accordingly, the division of the
available GB haddock quota between Sector and common pool seasons would
be eliminated as well. Once the available GB haddock quota specified
for the SAP is caught, the SAP would be closed to all vessels,
including Sector vessels. The SAP area would be extended to cover most
of the northern portion of CA I, as described further in this proposed
rule. All other requirements of this SAP would be unchanged by
Amendment 16. These modifications are intended to facilitate the
harvest of the available GB haddock resource.
When Framework Adjustment 41 was adopted by the Council, it
included a provision that prohibited vessels participating in the SAP
from using squid or mackerel for bait, or even possessing squid or
mackerel on board the vessel during a trip into the SAP. These
prohibitions on the use of particular bait were intended to reduce the
catch rates of cod in this SAP. However, this provision was never
included in the final rule implementing that action. Accordingly, this
action would implement the prohibitions that should have been
implemented as part of Framework Adjustment 41.
SNE/MA Winter Flounder SAP
The SNE/MA Winter Flounder SAP originally implemented under
Amendment 13 would be eliminated under Amendment 16. This SAP was
developed to reduce discards in the fluke fishery by allowing vessels
targeting fluke west of 72[deg] 30' W. long. using small mesh to retain
up to 200 lb (90.7 kg) of SNE/MA winter flounder per trip without using
a NE multispecies DAS. Because F on SNE/MA winter flounder must be
reduced to as close to zero as practicable, and because no vessels
would be allowed to possess SNE/MA winter flounder under Amendment 16,
continuation of this SAP would not be appropriate until improving stock
conditions warrant its re-implementation.
CA II Yellowtail Flounder/Haddock SAP
The CA II Yellowtail Flounder SAP was first implemented under
Amendment 13 to facilitate the harvest of GB yellowtail flounder in CA
II at a time when the resource was considered healthy. Since then,
however, updated assessments have indicated that the stock has been
determined to be overfished and subject to overfishing. Under Framework
Adjustment 40B (June 1, 2005; 70 FR 31323), language was added to the
regulations to allow the Regional Administrator to specify zero trips
into this SAP (i.e., close this SAP) if there was insufficient GB
yellowtail flounder to support a fishery both inside and outside of CA
II.
Catch of GB haddock has been well below target TAC levels for
several years, particularly in light of several large yearclasses being
recruited into the fishery. As a result, Amendment 16 proposes to
revise the CA II Yellowtail Flounder SAP to facilitate the harvest of
GB haddock within CA II, even when the CA II Yellowtail Flounder SAP is
closed to targeting GB yellowtail flounder. This revised SAP would
build upon the existing provisions of the CA II Yellowtail Flounder SAP
by modifying the gear requirements and season when the area is open to
targeting haddock. If and when the SAP is open to targeting yellowtail
flounder, as currently defined in the regulations based upon the amount
of GB yellowtail flounder available, the existing CA II Yellowtail
Flounder SAP provisions apply. This includes the season (July 1 through
December 31), individual vessel trip limits (one trip per vessel per
month), cumulative fishery trip limits (320 trips per year, unless
otherwise specified by the Regional Administrator), gear requirements
(one of two types of flounder nets specified in the regulations, the
haddock separator trawl, or the Ruhle trawl), GB yellowtail flounder
trip limit (between 10,000-30,000 lb (4,536-13,608 kg) per trip), GB
cod trip limit (1,000 lb (453.6 kg) per trip), and other provisions.
When the SAP is not open to the targeting of GB yellowtail flounder,
either because there is insufficient GB yellowtail flounder available
to open the
[[Page 69399]]
SAP, or because the maximum number of trips has been taken, the SAP
would be open to target GB haddock, provided the Eastern GB haddock ACL
has not been caught by common pool vessels, or there is sufficient ACE
for all stocks caught in the SAP for vessels participating in an
approved Sector. If the SAP is open to target haddock, the following
provisions would apply, unless otherwise noted below: Season (August 1
through January 31), gear requirements (a vessel would not be allowed
to use a flounder net and would be required to use a haddock separator
trawl, a Ruhle trawl, or hook gear), trip limits (no haddock trip
limit, and the existing trip limits for GB cod and GB yellowtail
flounder), and the existing SAP DAS and discard provisions. All catches
of GB haddock would apply to the Eastern GB haddock quotas allocated to
either common pool or vessels participating in individual Sectors.
Sector vessels would not be subject to the trip limits, limits to the
number or frequency of trips (i.e., the current restriction of 1 trip
per month or the maximum 320 trips per year) or DAS restrictions
specified for this SAP, but would be subject to the gear requirements
for this SAP. Individual Sector vessels would be allowed to continue to
fish in this modified CA II Yellowtail Flounder/Haddock SAP should it
close to common pool vessels, as long as the applicable Sector has
allocated quota remaining for all stocks caught in this SAP.
13. Recreational Measures
To ensure that management measures can be tailored to address the
components of the fishery responsible if mortality targets are
exceeded, the Council is proposing to allocate portions of the ACL for
certain NE multispecies regulated species and ocean pout stocks to the
recreational fishery, as specified above in Item 5 of this preamble.
Based upon the criteria proposed to allocate NE multispecies regulated
species and ocean pout stocks between the NE multispecies commercial/
recreational fishery, this action would allocate portions of the GOM
cod and GOM haddock ACLs to the recreational fishery. Based upon this
allocation, to meet the target F for GOM cod, Amendment 16 proposes to
extend the existing seasonal GOM cod prohibition for recreational
vessels, including both private recreational and charter/party vessels
for 2 weeks, to run from November 1 through April 15. The adjustment to
the GOM cod prohibition was considered more effective than bag limits
or size restrictions at reducing GOM cod catch by all recreational
vessels, while preserving a higher bag limit considered important for
the charter/party industry. This allocation would not require any
additional measures to achieve the target F for GOM haddock.
Amendment 16 proposes additional changes to recreational measures,
including the elimination of the limit on the number of hooks that can
be used, provisions for landing fillets, and the minimum size limits
for haddock and Atlantic halibut. Amendment 7 to the FMP (May 31, 1996;
61 FR 27710) first implemented a limit of two hooks per line per angler
as an effort control in the recreational fishery. Even with this
restriction, discards by recreational fishermen are expected to
increase as stocks rebuild. Amendment 16 would eliminate the limit of
two hooks per line, but would maintain the limit of one line per
angler. Recreational anglers prefer to land fillets, and some charter/
party operations fillet and skin fish as a service to their customers.
Amendment 16 would clarify that recreational anglers may land fillets,
provided there is at least 2 square inches (5.08 square cm) of
contiguous skin that allows for the ready identification of the fish
species. Such fillets would be required to be from legal-sized fish,
but the fillets themselves would not need to meet the minimum size
requirements in the regulations. This provision is intended to
facilitate existing practice in the recreational fishery without
compromising efforts to enforce both size and possession limits in the
fishery. Amendment 16 would also reduce the minimum size for haddock
from 19 inches (48.3 cm) to 18 inches (45.7 cm) total length,
indefinitely, and increase the minimum size for Atlantic halibut from
36 inches (91.4 cm) to 41 inches (104.1 cm) total length. The existing
size restrictions for other stocks and the possession restrictions for
all stocks would be maintained. Atlantic wolffish would be added to the
FMP, with zero possession allowed for all recreational vessels.
14. Sector Measures
Amendment 16 builds upon the sector measures implemented under
Amendment 13 and Framework Adjustment 42 by proposing additional
sectors and revisions to many existing sector requirements, including
sector allocation provisions, operations plan requirements, and
monitoring and reporting requirements, as specified further below. In
addition to the requirements described below, vessels participating in
an approved Sector would be required to comply with the Sector-specific
AMs specified in Item 6 of this preamble, Sector reporting requirements
described in Item 8 of this preamble, and Sector provisions specified
for individual SMPs outlined in Item 12 of this preamble.
Sector Eligibility and Definition
Under the original Sector regulations specified by Amendment 13,
permits held in CPH were prohibited from participating in a Sector.
This prohibition appears to be merely an unnecessary administrative
barrier to participation in Sectors, because permits currently held in
CPH can be activated at any time by putting the permit onto a skiff
through a vessel replacement. Amendment 16 would remove this
prohibition and allow permits held in CPH to join Sectors. In addition,
under Amendment 13, only vessels issued a NE multispecies DAS permit
could join Sectors. However, because Amendment 16 proposes to rely upon
hard TACs to control Sector effort rather than a combination of hard
TACs and DAS, vessels issued a limited access NE multispecies Handgear
A permit (a permit that is not subject to DAS effort controls) would be
eligible to participate in Sectors. Amendment 16 proposes that vessels
eligible to join Sectors must have been issued a limited access NE
multispecies permit by April 30, 2008. This date was intended to
identify permits that were eligible to join Sectors by the start of FY
2008 on May 1, 2008, in anticipation that Amendment 16 would be
implemented by May 1, 2009. While April 30, 2008, is the last date a
vessel could renew its FY 2007 permit, vessels issued permits as of May
1, 2008, more accurately reflect the Council's intent to identify
permits that were eligible to join Sectors during FY 2008, as any
permits that were not renewed as of April 30, 2008, would expire and
would not be issued a permit as of May 1, 2008. Therefore, NMFS has
revised the Sector eligibility criteria proposed in Amendment 16 to
reflect that vessels issued limited access NE multispecies permits as
of May 1, 2008, not April 30, 2008, are eligible to participate in
Sectors under Amendment 16. Finally, consistent with the Council's
Sector policy, Amendment 16 would specify a minimum number of
participants required to form a Sector by proposing to define a Sector
as a group of three or more persons, none of whom have an ownership
interest in the other two persons in the Sector. By specifying that the
three individuals must not have an ownership interest in one another,
Amendment 16 attempts to address concerns that Sectors would be a means
to circumvent the individual
[[Page 69400]]
transferable quota referendum required by the Magnuson-Stevens Act and
minimizes the administrative burden associated with implementing a
large number of very small Sectors.
Operations Plan Requirements
Amendment 13 specified a number of required elements that must be
included in each Sector operations plan. Amendment 16 would add to
those requirements to provide additional details regarding Sector
reporting and monitoring provisions, as well as to better understand
the composition and effort distribution of participating vessels so
that the Council can better evaluate the impacts of Sectors. These
additional operations plan requirements include information about
overage penalties if a Sector exceeds its allocation for any stock;
detailed information about the Sector's independent third-party
dockside/roving monitor service provider that meets NMFS standards to
monitor Sector landings; detailed information about a monitoring
program for discards; a list of all Federal and state permits held by
vessels participating in the Sector; a list of specific ports where
Sector members will land fish with specific exemptions provided for
safety, weather, and other reasons; TAC thresholds and how the Sector
would notify NMFS once the threshold has been reached; identification
of potential redirection of effort as a result of Sector operations and
any efforts to limit the adverse effects of such redirection of effort;
and finally how NE multispecies regulated species or ocean pout would
be avoided while participating in other fisheries that have a bycatch
of NE multispecies regulated species and ocean pout if the Sector does
not anticipate being allocated or acquiring an allocation of NE
multispecies regulated species from another Sector. This last
requirement is only required if the Sector anticipates operating in
this manner. Sector operations plans would be required to be submitted
by September 1 of each year to ensure that the operations plans and
associated analysis are reviewed in time to implement such operations
by the start of the next FY on May 1. Operations plans may address
sector operations over either a one or a two-year period, provided the
analysis is sufficient to cover the duration of the applicability of
the operations plan. The Regional Administrator would review each
Sector operations plan and associated analysis and approve or
disapprove such operations, with implementation through publication of
a rule in the Federal Register.
Universal Sector Exemptions
Amendment 13 specified that Sectors were not allowed exemptions
from particular measures, including year-round closures, permitting
restrictions, gear restrictions designed to reduce habitat impacts, and
reporting requirements. Amendment 16 proposes to maintain those
restrictions, but also to specify certain provisions from which all
Sectors would be exempt. These ``universal exemption'' provisions
include trip limits on stocks for which the Sector receives an
allocation (i.e., all stocks except Atlantic halibut, ocean pout,
windowpane flounder, SNE/MA winter flounder, and Atlantic wolffish);
seasonal closed areas; NE multispecies DAS restrictions; the
requirement to use a 6.5-inch (16.5-cm) mesh codend when fishing with
selective gear (i.e., the haddock separator trawl, the Ruhle trawl, or
other approved gear) on GB, provided such vessels fish with a 6-inch
(15.24-cm) mesh codend; and portions of the GOM Rolling Closure Areas
(a full description of the portions of the GOM Rolling Closure Areas
applicable to Sectors is further described in this proposed rule).
These universal exemptions are intended to minimize a Sector's
analytical and administrative burden associated with requesting such
exemptions on a yearly basis. Sectors could still request and analyze
additional exemptions as part of their yearly operations plans, but
such exemptions would need to be approved by the Regional
Administrator. The provisions applicable to a Sector, including any
exemptions from existing regulations, would be specified in a LOA
issued to Sectors by the Regional Administrator, which must be
possessed on board participating vessels at all times to facilitate
enforcement of Sector provisions.
Sector Allocations, Potential Sector Contribution (PSC), and Annual
Catch Entitlement (ACE)
When Sectors were first implemented under Amendment 13, Sectors
were only allocated a hard TAC for GB cod, and relied upon DAS to
control effort for other stocks. Consistent with the Council's intent
to transition from input controls to output controls, Amendment 16
would no longer allow Sectors to use DAS to control effort, relying
instead on hard TACs to control Sector catch. Under Amendment 16,
Sectors would be allocated fishery resources for all NE multispecies
regulated species stocks, with the exception of Atlantic halibut,
windowpane flounder, Atlantic wolffish, and SNE/MA winter flounder, and
would not be allocated ocean pout. With the exception of SNE/MA winter
flounder, these stocks are not allocated to Sectors, because they are
primarily bycatch species. Accordingly, vessels have very little
landings history for these stocks that, when combined with small
overall ACLs, would result in very small Sector allocations for each of
these stocks, which would complicate and increase the cost of Sector
monitoring and would likely lead to expansive closures once such small
allocations are harvested. Instead, the Council has reduced incentives
to target these particular stocks by proposing to prohibit possession
of these stocks, with the exception of Atlantic halibut, where only one
fish per trip would be allowed, consistent with existing regulations.
Similar possession restrictions are proposed for common pool vessels,
meaning that the ACLs for these stocks would be used primarily to
accommodate bycatch in the NE multispecies fishery. Although SNE/MA
winter flounder would not be allocated to Sectors at this time, if the
status of SNE/MA winter flounder improves, this stock would be
allocated in a manner similar to how other stocks would be allocated to
Sectors, as described below.
Sector allocations would be in the form of an ACE for each stock,
or the maximum amount of a particular stock that a Sector could catch--
including both landings and discards--on a yearly basis. Each
individual Sector's ACE for a particular stock would represent a share
of that stock's ACL available to commercial NE multispecies vessels
based upon the cumulative PSCs of vessels participating in each sector.
A PSC represents an individual permit's share of the ACL for each NE
multispecies regulated species or ocean pout stock based upon the
individual permit's dealer landings available to NMFS (see below for
further detail), including the landings histories for any permit
histories consolidated onto one vessel prior to May 1, 2008, as part of
the existing DAS Transfer Program provisions. These PSCs would remain
with the limited access permit indefinitely, including upon replacement
of a vessel, or consolidation with another limited access NE
multispecies permit on another vessel. The ACE allocated to a Sector
would be valid only for one FY and would be recalculated on a yearly
basis based upon changes to Sector rosters. While Amendment 13
specifically restricted the size of an individual Sector allocation to
no more than 20 percent of the yearly TAC for any NE multispecies
regulated species or ocean pout stock, Amendment 16
[[Page 69401]]
would eliminate that restriction to further facilitate participation in
Sectors.
The PSC for each NE multispecies regulated species or ocean pout
stock would be based upon historic landings of each stock while
operating under the restrictions of a limited access NE multispecies
permit, including NE multispecies regulated species or ocean pout
caught under a NE multispecies DAS when participating in the skate or
monkfish fisheries. With the exception of GB cod, the PSC for each
stock would be calculated by summing the dealer landings for each
permit during FYs 1996 through 2006. This value would then be divided
by the total landings of each NE multispecies stock during the same
period by all permits eligible to join Sectors to get the individual
permit's share of the available commercial ACL for each stock. The
landings history for each permit includes all landings that can be
attributed to that permit. For limited access NE multispecies Handgear
A permits, this includes landings by the permitted vessel during FYs
1996 through 2003, before the adoption of the limited access Handgear A
permit category in 2004. For GB cod, any vessel owner that indicated
his/her intent to participate in one of the existing sectors (i.e., the
GB Cod Hook Sector or the GB Cod Fixed Gear Sector) by signing a
preliminary roster for these sectors by March 1, 2008, would be
allocated a GB cod PSC based upon documented landings histories of this
stock between FYs 1996-2001, the years selected to determine the GB cod
allocation for existing Sectors under Amendment 13. This March 1, 2008,
date was selected because, at the time, the Council was intending to
implement Amendment 16 by the start of FY 2009 on May 1, 2009, and
needed to identify a fixed pool of vessels eligible to participate in
Sectors so that PSCs could be calculated. A separate GB cod allocation
for vessels intending to participate in one of the existing Sectors was
intended to recognize the investment decisions made by such vessels,
based upon the Sector allocation criteria established under Amendment
13 in 2004. The value of such investments may be compromised if
different allocation criteria would have been selected under Amendment
16. With the one exception for GB cod, the allocation window of FYs
1996-2006 is intended to provide a large qualification window
sufficient to smooth out the impacts that yearly changes to regulations
may have had on an individual vessel's landings history. Each limited
access NE multispecies permit holder was sent a letter identifying that
permit's PSC for each stock, as proposed under Amendment 16. A process
to correct data used to calculate each permit's PSC for each stock was
outlined in a May 1, 2009, letter to all limited access NE multispecies
permit holders. This letter is available on the NMFS Northeast Regional
Office Web site (http://www.nero.noaa.gov).
Each Sector allocated ACE for stocks managed under the terms of the
U.S./Canada Understanding (i.e., GB yellowtail flounder, GB cod, and GB
haddock) would be allocated a specific portion of such ACEs that could
only be harvested from the Eastern U.S./Canada Area. The ACE specified
for the Eastern U.S./Canada Area portions of these stocks would be
proportional to the Sector's allocation of the overall ACL available to
commercial NE multispecies vessels for these stocks. For example, if a
Sector is allocated 10 percent of the GB cod ACL available to
commercial NE multispecies vessels, that Sector would also be allocated
and allowed to harvest 10 percent of that ACE from the Eastern U.S./
Canada Area. In this example, if the overall GB cod ACL available to
commercial NE multispecies vessels is 1,000 mt, of which 100 mt is
specified to the Eastern U.S./Canada Area, this Sector would be
allocated 100 mt of GB cod, of which 10 mt would be allocated to, and
could be harvested from, the Eastern U.S./Canada Area.
A Sector would only be able to fish in a particular stock area if
it is allocated, or acquires through transferring ACE from another
Sector, ACE for all stocks allocated to sectors in that stock area.
Catch for all allocated NE multispecies regulated species or ocean pout
stocks, including both landings and discards, would count against a
Sector's ACE for a particular stock. Sector vessels would be required
to retain all legal-sized NE multispecies regulated species and ocean
pout and could only discard undersized fish for all allocated stocks.
Once a Sector's ACE for a particular stock is caught, a Sector would be
required to cease fishing operations in that stock area until it could
acquire additional ACE for that stock. If, in a particular FY a Sector
exceeds its ACE for a particular stock after considering all ACE
allocated to that Sector or acquired from another Sector, that Sector's
ACE for that stock would be reduced by the amount of the overage in the
following FY. If there is insufficient ACE allocated to a particular
Sector to cover the overage, vessels participating in that Sector would
not be allowed to fish in the stock area for which the overage occurred
unless and until that Sector acquires sufficient ACE from another
Sector to cover the remaining overage (i.e., the overage that exists
after reducing the ACE for that stock to zero for the following FY).
For example, if a Sector is allocated 10 mt of GB cod ACE, but catches
25 mt of GB cod during the previous FY, the GB cod ACE for the
following FY would be reduced to zero and that Sector would be required
to acquire at least 5 mt (i.e., 15 mt overage -10 mt ACE allocated = 5
mt overage remaining) of GB cod ACE in order to fish in the GB cod
stock area during the following FY. If the Sector disbands, individual
participating vessels would be subject to a reduction in PSC if
participating in another Sector, or a reduction in allocated DAS if
participating in the common pool, proportional to the individual
vessel's share of the maximum overage that occurred. For example, if a
Sector exceeds its GB cod ACE by 10 percent and its pollock ACE by 15
percent, each permit in that particular Sector that enters the common
pool during the subsequent FY would receive a 15-percent reduction in
its Category A DAS allocation for that FY. If a Sector comprised of 10
permits/vessels exceeds its GB cod ACE by 10,000 lb (4,536 kg) during
the previous FY, but later disbands, each permit in that Sector that
joins another Sector during the subsequent FY would have its GB cod PSC
temporarily reduced by 1,000 lb (453.6 kg) during that FY. A Sector
could also specify additional penalties to participating vessels as
part of its yearly operations plan. If the Sector does not exceed its
ACE for any stock, but other vessels in the common pool or another
Sector exceed their sub-ACLs or ACEs, respectively, the Sector's ACE in
the following FY would not be reduced as a result of such overages by
other groups. This is intended to ensure that groups responsible for
exceeding their portion of the ACL for a particular stock do not
negatively impact other groups.
If a Sector exceeds its ACE at the end of the FY, it could be held
jointly and severally liable for such an overage and may be subject to
a permanent reduction in the Sector's ACE (i.e., a permanent reduction
in individual vessel's PSCs) or a withdrawal of the approval of that
Sector in addition to the penalties described above. Exceeding an ACE
may be evidence of inadequate monitoring systems, poor compliance with
an operations plan, or a failure to adhere to other regulatory
requirements that could potentially result in administrative or
enforcement action for these shortfalls,
[[Page 69402]]
even if the Sector is able to complete ACE transfers so that an ACE
overage does not exist at the end of the FY. In addition to ACE
overages, a Sector and its participants could be held jointly and
severally liable for discarding legal-sized fish or misreporting catch
(both landings and discards).
With the exception of GB yellowtail flounder, a Sector would be
allowed to carry over up to 10 percent of unused ACE for each stock
into the following FY, even if a Sector's roster has changed between
those FYs. Any unused ACE allocated for Eastern GB stocks would
contribute to the 10-percent carry-over allowance for each stock as a
whole, but would not increase an individual Sector's allocation of
Eastern GB stocks during the following year. In addition, a Sector
would not be allowed to carry over any unused ACE for GB yellowtail
flounder into the next FY. Although the carry-over provisions specific
to these stocks are not specifically addressed in Amendment 16, they
are necessary to effectively implement the provisions proposed under
Amendment 16 due to the conflict between the proposed carry-over
provision and the existing U.S./Canada Management Area requirements
pursuant to the authority granted to the Secretary under section 305(d)
of the Magnuson-Stevens Act. Because the U.S. portions of the TACs for
GB yellowtail flounder and Eastern GB cod and Eastern GB haddock are
specified on a yearly basis as part of the Understanding, allowing
Sectors to carry over any of these stocks could result in U.S. harvest
of these stocks exceeding the U.S. portions of these stocks for a
particular FY if all vessels fully harvested the TACs specified to
either Sectors or the common pool. This could result in a violation of
the Understanding and the need to deduct such overages during the
following year based upon existing regulations implementing the
Understanding. Therefore, the slightly modified carry-over provisions
are intended to minimize incentives for Sectors to catch their entire
ACE in each FY, and is expected to reduce the likelihood that overages
would occur.
ACE Trading
All or a portion of a Sector's ACE for any NE multispecies
regulated species or ocean pout stock may be transferred to another
Sector at any time during the FY, and up to 2 weeks into the following
FY. ACE transfers would be approved by the Regional Administrator
through the submission of an ACE transfer request form that details the
amount of ACE transferred and any compensation exchanged. The Regional
Administrator would approve/disapprove such a transfer request based
upon whether the Sector is compliant with applicable reporting
requirements, including the weekly Sector catch report described below,
and individual VTR requirements. Such transfers would only be valid for
the FY requested on the transfer request form. To ensure that such ACE
trading does not lead to overfishing, Amendment 16 proposes that NMFS
would withhold 20 percent of each Sector's ACE for each stock for a
period of 61 days (i.e., through June 31) to accommodate any transfers
of ACE late in the FY and to allow sufficient time for NMFS to evaluate
Sector catch data to determine if an overage actually occurred.
DAS Transfer Requests by Sector Vessels
The DAS transfer program involves the permanent transfer of a
vessel's NE multispecies DAS, along with any other limited access
permits and associated fishing history. Because the fishing history of
each permit affects the ACE allocated to each Sector, this action would
allow a Sector vessel to transfer DAS and associated fishing history to
another vessel participating in that vessel's Sector, but would
prohibit a Sector vessel from transferring any DAS to or from common
pool vessels or vessels participating in a different Sector. This is
necessary to facilitate the administration of the DAS Transfer Program
without affecting the ACE allocation of each Sector due to such
transfers.
Sector Monitoring and Reporting Requirements
Amendment 16 would require Sectors to develop mechanisms to
adequately monitor catch and discards by participating vessels. One of
these mechanisms is an independent third-party dockside/roving
monitoring program that would observe offloads by Sector vessels to
ensure that landings are accurately reported. This dockside/roving
monitoring program would be required starting in FY 2010, and would be
funded by Sectors, unless otherwise specified by NMFS. Dockside
monitors would observe offloadings directly to a dealer, while roving
monitors would be used to monitor offloads to a truck for later
delivery to a dealer. Such a program would need to employ a dockside/
roving monitor service provider approved/certified by NMFS based upon
specific provider and operational standards developed by the Gulf of
Maine Research Institute and members of the fishing industry, in
consultation with NMFS, as further described in this proposed rule.
During FY 2010, the offloads of 50 percent of trips by each Sector
would be randomly observed, with 20 percent randomly observed in future
years. In addition, because discards and area fished are critical
elements in the monitoring of Sector catch, Sectors would be required
to develop an adequate independent third-party at-sea/electronic
monitoring program beginning in FY 2012. This program would be used to
verify area fished and catch (landings and discards), by species and
gear type, for the purposes of monitoring Sector ACE utilization.
Coverage levels would be specified by NMFS on a yearly basis, based
upon a list of participating vessels and gear types for each Sector. At
a minimum, such coverage would need to be sufficient to ensure that the
resulting estimate of discards meets the coefficient of variation
specified in the Standardized Bycatch Reporting Methodology, but it is
expected that coverage is likely to be higher than this minimum
standard due to the need to adequately monitor catch (both landings and
discards) and to minimize coverage bias in each Sector. Electronic
monitoring could be used in lieu of actual at-sea monitors, provided
the technology is deemed sufficient by NMFS for a specific gear type
and area fished. At this time, NMFS has not deemed electronical
monitoring technology sufficient for any gear or area fished. Existing
NMFS-funded observer coverage would continue under Amendment 16.
Accordingly, any at-sea monitoring coverage provided by an approved
Sector at-sea monitoring program would be in addition to the coverage
provided by the NMFS-funded observers. If a NMFS-funded observer and an
industry-funded at-sea monitor are assigned to the same trip, the NMFS-
funded observer would take precedence and the at-sea monitor would not
be required to be deployed on that trip. This is intended to provide
sufficient coverage, but minimize costs to industry. To facilitate
deployment of dockside/roving and at-sea monitors and enforcement of
these provisions, Amendment 16 would require vessels to submit trip-
start and trip-end hail reports to the dockside/roving and at-sea/
electronic monitoring service providers and to NMFS Office of Law
Enforcement, unless otherwise specified in a Sector's operations plan,
as further described in this proposed rule. The details for any
dockside/roving and at-sea/electronic monitoring program must be
specified in each Sector's annual operations plans.
[[Page 69403]]
Amendment 16 proposes that discards would be monitored through the
use of a Sector-specific assumed discard rate, unless NMFS deems that
there are sufficient observer or at-sea monitor data available to
specify a Sector-specific in season discard estimate for each stock/
gear combination specified in the FMP. Once sufficient data are
available, the Sector-specific in season discard rate would apply to
all trips taken by Sector vessels for the remainder of the FY, in lieu
of the assumed discard rate. If a trip is observed by either an
observer or at-sea monitor, the discards reported by the observer or
at-sea monitor would be used to document discards for that particular
trip instead of using an assumed discard rate, regardless of whether
the Sector has developed an approved at-sea monitoring program for that
FY.
The data and methodology used to calculate a Sector-specific
assumed or in season discard rate is considered administrative measures
necessary to administer the FMP and monitor Sector catch. As a result,
the manner in which such rates are calculated may change on a yearly
basis. For FY 2010, NMFS proposes to calculate the assumed discard rate
based upon observed trips by Sector vessels during the previous FY, by
stock and gear type, as specified in Section 4.2.3.5.3 of the Amendment
16 FEIS. If there are insufficient data to develop an assumed discard
rate at this level, a fleet-wide stock and gear discard rate would be
used instead. When calculating these discard rates, regulatory discards
of legal-sized fish caused by trip limits would be excluded to
represent anticipated behavior under Sectors. These assumed discard
rates would be calculated as often as practicable, and would be used to
add a discard estimate to each landing by a Sector vessel so that total
catch can be determined for each stock for each trip. Based upon
available funding, NMFS intends to increase the NMFS-funded observer
coverage to include approximately 38 percent of Sector trips and 30
percent of common pool trips during FY 2010, and possibly future FYs.
Under Amendment 16, Sectors would be required to submit an annual
report to NMFS by July 1 of each year that details information
necessary to evaluate the biological, economic, and social impacts of
Sectors. The report would be required to include harvest levels of all
vessels for all federally managed species, enforcement actions, and
other information needed to evaluate the performance of the sector. In
addition, Sectors would be required to submit weekly catch reports that
detail Sector catch and discard for each stock allocated to that
Sector, as instructed by the Regional Administrator. Under this
proposed rule, NMFS would require that Sectors provide trip-level catch
data, if requested, to facilitate the auditing of Sector catch data to
ensure that data used by Sectors are consistent with those submitted to
NMFS. This additional requirement is based upon the provision in
Amendment 16 that would allow other requirements of Sector monitoring
plans to be implemented, as directed by the Regional Administrator.
Authorization of Sectors
Amendment 16 would authorize 17 new Sectors and revise the
provisions for 2 existing Sectors. These Sectors are described in
Section 4.3.6 of the Amendment 16 FEIS and include the GB Cod Hook Gear
Sector, GB Cod Fixed Gear Sector, Sustainable Harvest Sector, Port
Clyde Community Groundfish Sector, Northeast Fishery Sectors I through
XIII, Tristate Sector, and the Northeast Coastal Communities Sector.
All operational aspects of these Sectors would be specified in their
annual operations plans, as submitted to NMFS. Details of these
operations plans will be published in the Federal Register prior to
their approval.
15. VMS Requirement
In Framework Adjustment 42, the Council required all vessels
fishing under a NE multispecies DAS to use VMS. This was considered
necessary to effectively administer and enforce many of the area-
specific measures proposed in that action. Although vessels
participating in Sectors would no longer be required to use a NE
multispecies DAS under Amendment 16, and vessels issued either a
limited access NE multispecies Handgear A or Category C permit were
never required to use VMS under Framework Adjustment 42, the FEIS
neither explicitly requires Sector vessels to continue to use VMS, nor
explicitly exempts Sector vessels and those issued either a Category C
or Handgear A permit from using VMS. Because the area-specific measures
implemented under Framework Adjustment 42 would continue to apply, and
because Amendment 16 relies upon VMS as a medium to submit area
declaration, hail reports, and catch information necessary to implement
provisions proposed under Amendment 16, NMFS is proposing to revise the
existing VMS regulations at Sec. 648.10 to require that all vessels
issued a limited access NE multispecies permit and fishing under either
the common pool measures, or under the restrictions and conditions of
an approved Sector operations plan, use a VMS for each NE multispecies
trip. Consistent with existing VMS regulations, upon taking either a
common pool or a Sector trip, a vessel issued a limited access NE
multispecies permitted must maintain an operational VMS for the
remainder of the fishing year.
16. Framework Items
Amendment 16 proposes that the following management measures could
be adjusted through a framework action, in addition to those measures
currently identified as framework measures in the FMP: Process for
specifying and distributing ABCs and ACLs; trimester TAC distribution;
Sector provisions, including authorized Sectors; PSC calculations; and
any other provision implemented under the FMP.
17. Corrections
This proposed rule would also correct a number of inadvertent
errors, omissions, and ambiguities in existing regulations in order to
ensure consistency with, and accurately reflect the intent of previous
actions under the FMP. The following proposed measures are listed in
the order in which they appear in the regulations and indicate the
genesis of the regulation and/or the cause of the regulatory error.
NE Multispecies Vessel Replacement Regulations
Most of the regulatory text regarding NE multispecies vessel
replacements was implemented in 1996 by Amendment 7 to the FMP (61 FR
27709; May 31, 1996). On January 1, 2008, a final rule that added
additional restrictions pertaining to vessel replacements became
effective (72 FR 43188; August 3, 2007), but the applicability of
requirements to vessels with a Handgear A permit may not have been
clear. This action would clarify the pertinent regulatory language to
make it clear that although the replacement vessel size restrictions do
not apply to Handgear A vessels, the limitation on one vessel
replacement per year does apply to these vessels.
The proposed action would also clarify the gillnet tag requirements
referred to in the permit application requirements portion of the
regulations. Framework Adjustment 40B eliminated the gillnet tag
requirement for Trip gillnet vessels, but the pertinent regulatory text
in the permit applications requirements was not modified. This rule
would correct this oversight.
[[Page 69404]]
SNE/MA Yellowtail Flounder Trip Limit for the Atlantic Sea Scallop
Access Program
The regulations implementing the Atlantic sea scallop access
program contain an incorrect trip limit for SNE/MA yellowtail flounder
for vessels fishing in the Nantucket Lightship Access Area of 250 lb
(113.4 kg) per trip between June 15 and June 30 and up to 1,000 lb
(453.6 kg) per trip. This incorrect trip limit corresponds to an
outdated seasonal yellowtail flounder trip limit implemented under
Amendment 13. Framework Adjustment 42 to the FMP modified the SNE/MA
yellowtail flounder trip limit, but the scallop regulations were not
revised at the time to reflect this change. This action would revise
the Atlantic sea scallop access program regulations to cross reference
the correct SNE/MA yellowtail flounder trip limit.
Regional Administrator Authority To Modify or Delete an Existing
Exempted Fishery
The process specifying the addition or deletion of an exemption was
first implemented in 1994 through an emergency rule (59 FR 63926;
December 12, 1994) and subsequently implemented on a permanent basis by
Framework Adjustment 9 (60 FR 19364; April 18, 1995). Under these
regulations, the Regional Administrator had the authority not only to
approve new exemptions, but also to modify or delete exemptions if they
may jeopardize meeting fishing mortality objectives. Amendment 13 to
the FMP modified this exemption to allow greater flexibility to the
Council and NMFS, but inadvertently removed the language that
explicitly provided authority to the Regional Administrator to modify
or delete an existing exemption. This rule would add such language back
in the regulations. This correction, which is consistent with Council
intent, would allow greater flexibility to administer the exempted
fishery program as NE multispecies regulated species or ocean pout
stocks rebuild, while continuing to protect the NE multispecies
regulated species or ocean pout stocks.
GOM Scallop Dredge Exemption Area
Framework Adjustment 21 (62 FR 8404; February 25, 1997) implemented
the GOM Scallop Dredge Exemption Area. The existing regulatory text
provides that limited access general category scallop vessels and
limited access scallop vessels, not fishing under a scallop DAS,
fishing in the GOM RMA ``may'' fish in the GOM Scallop Dredge Exemption
Area. This action would clarify that such vessels fishing in the GOM
RMA must fish in the GOM Scallop Dredge Exemption Area and are
prohibited from fishing in any other part of the GOM RMA. This action
also would clarify that only dredge gear may be used to harvest
scallops in the GOM Scallop Dredge Exemption Area.
SNE Scallop Dredge Exemption Area
Amendment 13 implemented the SNE Scallop Dredge Exemption Area. The
existing regulatory text states that general category scallop vessels
and limited access scallop vessels not fishing under a scallop DAS,
fishing in the SNE RMA ``may'' fish in the SNE Scallop Dredge Exemption
Area. This action would clarify that such vessels fishing in the SNE
RMA must fish in the SNE Scallop Dredge Exemption Area and are
prohibited from fishing in any other part of the SNE RMA. This action
also would clarify that only dredge gear may be used to harvest
scallops in the SNE Scallop Dredge Exemption Area. Lastly, the
geographic area defined as the SNE Scallop Dredge Exemption Area
currently extends west into the Mid-Atlantic Exemption Area (MAEA),
which provides no benefit to fishers, as regulations specified for the
MAEA do not include restrictions on scallop vessels such as exempted
fisheries similar to other exemption areas. Therefore, the western
border of the SNE Scallop Dredge Exemption Area would be corrected to
coincide with the eastern border of the MAEA.
Reference to Midwater Trawl as Exempted Gear
To address bycatch of juvenile haddock in the herring fishery,
Framework Adjustment 43 implemented an exempted fishery that allows
midwater trawl gear to harvest herring. Concurrently this gear was no
longer classified as exempted gear. This proposed action would remove
an incorrect reference to midwater trawl gear as exempted gear in the
GOM Rolling Closure Area regulations that was overlooked when Framework
Adjustment 43 was implemented.
Revised Coordinates for Restricted Gear Area 1
Framework Adjustment 22 to the FMP and Framework Adjustment 4 to
the American Lobster FMP (March 10, 1997; 62 FR 10747) closed four
defined areas to vessels using certain gear types during certain times
of the year. The final rule implementing these gear closures
inadvertently omitted point 72 of the inshore boundary of Restricted
Gear Area 1. This action would insert Restricted Gear Area 1 point 72
to make the regulations consistent with Framework Adjustment 22 and the
regulations implementing the American Lobster FMP.
Clarification of the DAS Leasing Program Regulations
Framework Adjustment 40B granted each limited access NE
multispecies permit owner a one-time opportunity to downgrade its DAS
Leasing Program baseline. The rationale was that, in some cases,
vessels are actually smaller than the permit baseline attached to the
vessel (due to replacement of a vessel with a smaller vessel) and
downgrading the DAS Leasing Program baseline to the actual
specifications of the vessel the permit is associated with, would
facilitate use of the DAS Leasing Program for those vessels. A
downgraded DAS Leasing Program baseline remains in effect until the DAS
Leasing Program expires, or the permit is transferred to another vessel
via a vessel replacement or through a DAS transfer (unless the
transferee vessel baseline is adopted).
The regulations implementing Framework Adjustment 40B failed to
address the situation in which a DAS transfer results in a new DAS
leasing baseline created for the resultant single permit associated
with the vessel (e.g., a vessel adopts the length overall from the
transferor and the horsepower from the transferee vessel). This action
proposes a clarification to the regulations that would allow a one-time
DAS leasing baseline downgrade opportunity for NE multispecies vessels
that result from a DAS transfer. This modification is consistent with
the overall rationale for DAS Leasing Program baseline downgrades.
Clarification of DAS Transfer Program Regulations
Framework Adjustment 42 modified and clarified the DAS Transfer
Program rules. Among these clarifications, Framework Adjustment 42
specified that ``With respect to vessel baseline characteristics, the
receiving vessel must adopt the smaller baseline of the two vessels, or
if the receiving vessel has not previously upgraded, it may adopt the
larger baseline of the two vessels. This would serve as the vessel's
one-time upgrade.'' However, the regulations did not address whether or
not the receiving vessel involved in a DAS transfer could elect to
upgrade a particular specification (e.g., length overall) as part of
the DAS transfer transaction, and then upgrade another specification
(e.g., horsepower) through a subsequent action (either a vessel
[[Page 69405]]
replacement or another DAS transfer). This rule would clarify that the
upgrade of any baseline specification under the DAS Transfer program
precludes any future upgrades through subsequent transactions.
Secondly, Framework Adjustment 42 removed a requirement that the
transferor vessel forfeit all other permits (not required to be
transferred), but did not modify all the pertinent regulatory text.
This proposed rule would remove such text.
U.S./Canada Management Area Restrictions
Amendment 13 implemented the U.S./Canada Management Area
regulations and provided the authority for the Regional Administrator
to modify various management measures of the U.S./Canada Management
Area to prevent over-harvesting of the Eastern GB cod, Eastern GB
haddock, or GB yellowtail flounder TACs, or to facilitate achieving the
TACs for these stocks. The U.S./Canada Management Area regulations were
subsequently modified by Framework Adjustment 40A and other actions.
The regulations pertaining to the cod trip limit under the U.S./Canada
provisions in Sec. 648.85 do not include language that states when 100
percent of the cod TAC is harvested, the Eastern U.S./Canada Area will
be closed, as adopted in Amendment 13. This closure provision is
specified elsewhere in the regulations (e.g., Sec.
648.85(a)(3)(iv)(E)), but inclusion of this provision in the context of
the cod trip limit regulation would improve the understanding of this
regulation.
Corrections to Stock Area Coordinates in the Regular B DAS Program
For the purpose of the Regular B DAS Program closures, stock areas
were defined in Framework Adjustment 40A. The area defined for the CC/
GOM and SNE/MA stocks of yellowtail flounder overlapped slightly and
contained errors in the coordinates specified. This action would
correct the coordinates CCGOM12, CCGOM13, and SNEMA5 through SNEMA16 to
maintain consistency with the areas adopted under Framework Adjustment
42.
Eastern U.S./Canada Haddock SAP Gear Requirements
Framework Adjustment 40A implemented the Eastern U.S./Canada
Haddock SAP Pilot Program. The final rule disallowed the use of the
flatfish net in the SAP, but allowed the flatfish net to be properly
stowed on board the vessel during such trips. At that time, vessels
were not allowed to fish inside and outside of the Eastern U.S./Canada
Area on the same trip. In 2006, Framework Adjustment 42 modified the
U.S./Canada restrictions to allow vessels to fish both inside and
outside of the Eastern U.S./Canada Area on the same trip. Framework
Adjustment 42 modified and renewed the SAP for a 2-year period, but did
not change the stowage provision. A later rule that implemented gear
performance standards (72 FR 72967; December 26, 2007) allowed other
gear to be stowed when vessels were fishing in the Eastern U.S./Canada
Area, but neglected to modify the regulations that pertain specifically
to the Eastern U.S./Canada Haddock SAP to reflect this broader change.
This action, therefore, would correct the regulations to allow the
stowage of other types of gear when fishing in the Eastern U.S./Canada
Haddock SAP, to be consistent with the overall rules for the Eastern
U.S./Canada Area.
18. Transfer of ACE by NOAA-sponsored Permit Banks
NMFS is proposing that any state-operated permit bank sponsored by
NOAA be considered a Sector for the exclusive purpose of transferring
ACE to qualifying Sectors. NMFS is currently working with the Maine
Department of Marine Resources on a Memorandum of Agreement that would
establish a permit bank operated by the State of Maine and sponsored by
NMFS. Allowing a permit bank to lease ACE to Sectors would facilitate
the ability of the permit bank to minimize any adverse socio-economic
impacts to fishing communities associated with catch-share programs.
Permit banks would be allocated ACE for a FY based on the PSCs of
permits owned by the permit bank that are declared as ACE permits for
that fishing year. Similar to the annual election decision of a permit
holder to enroll his/her limited access NE multispecies permit in a
sector or fish in the common pool, a permit bank would make an annual
declaration for each permit as either an ACE permit or a DAS permit.
All or a portion of a permit bank's ACE for any NE multispecies
stock would be eligible for transfer to a qualifying Sector at any time
during the FY. Qualifying Sectors would be determined by the provisions
of the Memorandum of Agreement between NMFS and the state operating the
permit bank. Permit banks would only be authorized to act as the
transferor in an ACE transfer and would be prohibited from acting as
the transferee in an ACE transfer.
Request for Comments
The public is invited to comment on any of the measures proposed in
this rule. NMFS is especially interested in receiving comments on the
following proposed substantive measures: Description of the rope trawl,
integration of wolffish into the trimester TAC AM and the proposal not
to include a trimester TAC trip limit adjustment under this AM, as
described in Item 6 of this preamble; potential disapproval of the GOM
Haddock Gillnet Pilot Program, as described in Item 9 of this preamble;
and NMFS's interpretation of the May 1, 2008, date to determine
eligibility for Sector participation, as described in Item 14 of this
preamble. NMFS is also specifically seeking public comment on several
measures proposed in this action that are necessary to administer,
enforce, and implement provisions adopted by the Council in Amendment
16. These measures include: (1) Increased frequency of VTR submissions;
(2) pre-trip observer notification requirements; (3) description of the
rope trawl for use in RGAs; (4) DAS allocation and charging provisions
for Sector vessels; (5) operational standards for dockside and at-sea
monitoring programs, including trip start and end hail reports; (6)
details of Sector catch reports; (7) carry-over restrictions for unused
ACE for transboundary stocks managed by the Understanding; (8) details
for the AMs that would be triggered if the overall ACL for a stock is
exceeded, (9) VMS requirement for Sector vessels; and (10) ACE trading
provisions for permits in a NOAA-sponsored permit bank. While noting
statutory constraints on its flexibility to add any new substantive
measures, NMFS encourages the public to provide input on more
effective, efficient, and less costly ways to implement the measures
proposed under Amendment 16.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 16 to the NE Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment. Further,
pursuant to section 303(c) of the Magnuson-Stevens Act, the Council has
deemed this proposed rule as necessary and appropriate to implement
Amendment 16.
The Council prepared a DEIS, which analyzed the impacts of all of
the measures under consideration in
[[Page 69406]]
Amendment 16. A notice of availability of the DEIS was published on
April 24, 2009 (74 FR 18705). In summary, the alternatives considered
would reduce fishing mortality on most NE multispecies stocks, with
impacts varying among stocks and alternatives considered. The
alternatives considered in the DEIS would have met the biological
objectives for most, but not all of the stocks managed by the FMP. The
alternatives considered have since been revised to ensure that all
alternatives achieve the biological objectives of this action, with the
exceptions noted above. None of the alternatives considered are
expected to have adverse impacts on EFH or protected species beyond
those described by earlier actions. The economic impacts analyzed in
the DEIS have been revised based on changes to the measures since the
publication of the notice of availability and are summarized below in
the discussion of the IRFA. Although there would likely be short-term
negative economic and social impacts associated with this action, there
would likely be positive long-term biological, economic, and social
impacts as stocks rebuild and more sustainable fisheries and fishing
communities are maintained.
This rule has been determined to be significant for purposes of
E.O. 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section in the preamble
and in the SUMMARY. A summary of the analysis follows. In this
analysis, the baseline (no-action alternative) is the set of measures
that were in place during FY 2008 (i.e., the measures implemented prior
to the FY 2009 interim action). Tables and sections that are referenced
in this IRFA refer to those contained in the FEIS developed for
Amendment 16. A copy of this analysis is available from the Council
(see ADDRESSES).
Description of and Estimate of the Number of Small Entities to Which
the Proposed Rule Will Apply
The proposed action would substantially change the provisions
developed under Amendment 13 affecting Sector formation and effort
controls for commercial fishing vessel owners that do not choose to
join a sector. Among vessel owners that possess a permit to land
regulated species or ocean pout, only limited access permit holders
would be eligible to join a Sector under Amendment 16, including those
held in CPH. Vessel owners that possess only an open access permit
would continue to be regulated through effort controls under the
provisions of the common pool.
The proposed action would implement changes affecting any vessel
holding a limited access NE multispecies permit, an open access
handgear permit (Handgear B permit), and vessels that hold an open
access charter/party permit. Based on FY 2007 data contained in
Sections 6.2.3 and 6.2.5.5 of the Amendment 16 FEIS, the total number
of small entities that may be affected would be 3,854 permit holders,
including 1,530 limited access permit holders, 1,292 open access
Handgear B permit holders, and 762 open access charter/party permits.
Of the 1,292 vessels issued Handgear B permits, only 75 reported
landing cod, suggesting that the number of such permits affected by
this action may be substantially smaller than the number of vessels
actually issued Handgear B permits. However, past fishing activity may
not be an accurate predictor of future fishing activity, particularly
because Amendment 16 would substantially increase cod possession limits
for vessels issued Handgear B permits. During FY 2007, 128 of the 762
open access charter/party permit holders reported taking at least one
for-hire trip, of which 74 reported keeping NE multispecies on one or
more trips. An additional 29 limited access permit holders reported
taking passengers for hire, of which 18 reported keeping NE
multispecies on one or more for-hire trips. Thus, a total of 92
charter/party operators participated in the charter/party recreational
NE multispecies fishery during FY 2007. As of September 1, 2009, 723
vessels elected to join a Sector during FY 2010, as determined through
the submission of annual Sector operations plans. However, vessels may
withdraw from Sectors until the beginning of FY 2010 on May 1, 2010.
Therefore, because participation in Sectors is voluntary, the number of
vessels that will actually participate in Sectors during FY 2010 and
future years is likely to fluctuate based upon whether joining a Sector
or fishing under common pool measures offers the greater economic
advantage to each individual vessel.
The Small Business Administration (SBA) size standard for
commercial fishing entities (NAICS code 114111) is $4 million in sales,
while the size standard for charter/party operators (part of NAICS code
487210) is $7 million in sales. Available data indicate that, based on
2005-2007 average conditions, median gross sales by commercial fishing
vessels were just over $200,000, and no single fishing entity earned
more than $2 million. Available data are not adequate to identify
affiliated vessels, so each operating unit is considered a small entity
for purposes of the RFA. For regulated charter/party operators, the
median value of gross receipts from passengers was just over $9,000,
and did not exceed $500,000 in any year during 2001 to 2007. Therefore,
all regulated commercial fishing and all regulated charter/party
operators are determined to be small entities under the RFA, and,
accordingly, there are no differential impacts between large and small
entities under this proposed rule.
Economic Impacts of the Proposed Action
Overall Measures
Revised Status Determination Criteria and Rebuilding Programs
Amendment 16 would revise the status determination criteria for
each stock, implement new rebuilding programs for stocks newly
classified as overfished, and update existing rebuilding programs. The
revised status determination criteria would produce a MSY that is
approximately 75 percent of the MSY of the existing status
determination criteria. Accordingly, revenues associated with rebuilt
stocks under Amendment 16 would be expected to be less than under the
existing status determination criteria. However, the existing status
determination criteria are no longer based upon the best available
science and may not represent biomass or F levels that are sustainable.
The new or revised rebuilding programs would result in reduced yield
and, therefore, reduced revenue in the short term for some stocks, but
should lead to higher yields and revenues than those expected from the
no action alternative in the long term when stocks are rebuilt.
ABC/ACL Setting Process
Amendment 16 proposes a process by which ABCs/ACLs would be
established for each stock. Based upon National Standard 1 Guidelines,
this process would include setting ABCs and ACLs below the OFL for each
stock to account for scientific and management uncertainty. This
results in an opportunity cost to all vessels that catch NE
multispecies in the form of reduced yield for each stock. In addition,
this process would distribute the available ACLs among components of
the fishery that catch NE multispecies, including both the directed
commercial and
[[Page 69407]]
recreational fisheries, and fisheries that catch NE multispecies as
bycatch. The allocation between commercial and recreational fisheries
may prove to constrain catches of each of those user groups, especially
if future catch rates differ from historical patterns. AMs would be
specified for the directed fisheries, but most fisheries that catch
minor amounts of NE multispecies as bycatch would not be subject to any
AMs due to the high administrative cost and complexity associated with
monitoring catch in these fisheries. However, because an overage in the
total ACL for any stock would need to be made up by the component of
the NE multispecies fishery that is subject to AMs, the directed
fishery would be subject to reductions in catch and the associated
economic impacts as a result of any AMs triggered by an overage in
other fisheries.
Simultaneous Issuance of a Limited Access Atlantic Sea Scallop and a
Limited Access NE
Multispecies Permit
This measure would enable vessel owners to make more efficient use
of existing capital by allowing limited access scallop permit holders
to acquire a limited access NE multispecies permit and vice-versa,
resulting in higher profitability and lower costs associated with
operating two separate vessels. Because the scallop fleet has access to
more capital and is generally located in SNE, the proposed action could
change the distribution of NE multispecies activity as well as the
competitive position of NE multispecies vessels to focus fishing effort
on GB and SNE stocks of NE multispecies. Based upon analysis included
in Section 7.5.1.2.9 of Amendment 16, the major NE multispecies
principal port states--Maine, New Hampshire, Massachusetts, and Rhode
Island--are likely to experience a net loss in the number of NE
multispecies permits by the acquisition of limited access NE
multispecies permits by scallop vessel owners, as will New York.
Connecticut, New Jersey, and Virginia could see a net increase in the
number of NE multispecies permits.
Size Limits for Haddock and Atlantic Halibut
Amendment 16 would decrease the haddock minimum size limit to 18
inches (45.7 cm). Reducing the minimum size for haddock would allow the
landing of some undersized fish that would otherwise be discarded, and
increase fisheries revenues, provided gear selectivity does not change.
If selectivity or fishing patterns change to target these smaller fish,
the increase in revenue caused by landing smaller fish would be offset
by yield lost because those fish would not be harvested at older ages
and sizes. The gains from this measure will likely fluctuate as year
class size changes. When a large year class enters the fishery, as was
the case with the 2003 year class in 2007 and 2008, this measure would
have more of an impact on revenues than when average or below average
year classes recruit to the fishery.
Amendment 16 would increase the minimum size limit for Atlantic
halibut to 41 inches (104.1 cm) to reflect the median length at
maturity for female halibut in the GOM and increase opportunities for
additional halibut to spawn prior to capture. Available data indicate
that revenue from landings of Atlantic halibut ranged from $96,000 in
CY 2004 to $232,000 in CY 2007. However, the mean size of landed fish
was 35.6 inches (90.5 cm), less than the current minimum size of 36
inches (91 cm). Therefore, assuming full compliance with the increased
size limit, the proposed action would likely reduce revenue from
landings of Atlantic halibut, but by an unknown amount.
Reporting Requirements
Amendment 16 proposes a series of new reporting requirements that
would involve costs to vessels issued a NE multispecies permit and
operating either under a NE multispecies DAS or on a Sector trip. These
vessels would be required to declare the broad stock areas to be fished
prior to each trip and, for vessels fishing in multiple broad stock
areas, an estimate of landings of each species from each broad stock
area prior to returning to port. These reports would be sent via VMS at
a cost to industry of approximately $0.764 per declaration, or
approximately $1,910 for all vessels each year. The vessels most
affected by this provision include those that fish at least part of a
trip in the Inshore GB Stock Area 2, an area just off the eastern
shoreline of Cape Cod, MA--a smaller area that is often fished in
during multi-area trips. In addition, these vessels would be required
to provide a pre-trip notice via a call to the NMFS NEFOP to facilitate
the deployment of observers, but this would not result in any
additional costs to industry participants.
Measures Applicable to Commercial Vessels
Common Pool Measures
The Closed Area Model (CAM) was used to estimate both the
biological and economic impacts of effort controls proposed under
Amendment 16. This model has been successfully employed to estimate the
impacts of previous actions. The details of the latest iteration of the
CAM, including improvements made to the model since it was last used to
evaluate the impacts of Framework Adjustment 42, are detailed in
Appendix II of Amendment 16.
Since the number of vessels that would join a Sector was not known
at the time the economic analysis contained in the Amendment 16 FEIS
was completed, the economic impacts of the proposed action effort
control measures reported in Section 7.5.11.1.3 were based on the
assumption that no new Sectors were formed. Under this assumption,
vessels operating under the common pool may be expected to experience
total fishing revenue losses of 9.8 percent ($15.4 million) relative to
a 2005-2007 baseline. This impact is only slightly larger than the
estimated reduction in revenue associated with the interim action
measures (9.5 percent, or $14.8 million) using the same 2005-2007
baseline. This means that the aggregate impact of the proposed action
may have only slightly higher economic impacts beyond those expected to
occur as a result of the 2009 interim action. However, since there are
substantial differences between the 2009 interim action and the
proposed action, the impacts may be expected to differ among
participating vessels even though the aggregate estimated impacts were
similar.
Estimated impacts for the proposed action suggest that the impact
on fishing revenue may be expected to be larger on smaller vessels, in
terms of length overall, compared to larger vessels. Similarly, impacts
on gillnet vessels tended to be higher than impacts on trawl vessels.
These tendencies may be a reflection of the differential impacts
associated with Trip or Day gillnet boat status. That is, both Trip and
Day boats are affected by the same DAS reduction. However, the 24-hr
clock is likely to have a larger impact on Day boats, since most Day-
boat trips are less than 24-hr in duration. In some respects, the 24-hr
clock has economic effects that are similar to differential DAS
counting, since the number of trips that may be taken given the same
allocation of DAS is reduced. The extent to which the increased trip
limit for GOM cod
[[Page 69408]]
mitigates this effect on Day boats is uncertain, however.
The proposed action would implement two restricted gear areas that
would limit the use of fishing gear to gear that meet specified
performance characteristics and would reduce bycatch of flatfish--
winter flounder and yellowtail flounder in particular. The designated
restricted gear areas correspond to the SNE/MA stock areas for these
two species. Vessels that elect to fish in the common pool would be
required to adopt specialized gear at an estimated cost of $13,000 for
a complete setup, or about $750 per vessel to modify existing gear.
Sector vessels would not be subject to the restricted gear area
provisions.
Amendment 16 proposes to increase trip limits for cod and
yellowtail flounder, but prohibit the retention of SNE/MA winter
flounder, windowpane flounder, ocean pout, and Atlantic wolffish. The
increased possession limit for cod may be expected to offer improved
economic opportunities to all common pool vessels, but particularly to
vessels currently issued a NE multispecies Handgear B permit, including
the 75 vessels that have recently landed cod under this permit, and
fishing businesses that may acquire such a permit in the future. The
expected economic impacts of the collective suite of revisions to trip
limits are captured in the cumulative analysis of common pool measures
described above. Given recent landings trends, the proposed prohibition
on the possession of Atlantic wolffish would reduce commercial fishing
revenues, including revenues by both common pool and Sector vessels, by
roughly $100,000 to $150,000 per calendar year. These lost revenues
would not be replaced in the near future unless the stock rebuilds
rapidly, which is not expected.
The principal common pool effort controls under the proposed action
(i.e., DAS reductions and 24-hr DAS counting) would apply to limited
access vessels that are managed by DAS (i.e., vessels issued a limited
access NE multispecies Category A, D, E or F permit), but would not
affect either Category C permits (small vessel exemption), or Handgear
A vessels. While the DAS restrictions would not affect these vessels,
they would benefit from the same increase in trip limits applicable to
DAS vessels, including the change in trip limits for GOM cod and CC/GOM
yellowtail flounder under common pool measures. The GOM cod possession
limit would be increased from 300 lb (131.6 kg) to 750 lb (340.2 kg)
per DAS, while the overall CC/GOM yellowtail flounder trip limit would
increase from 1,000 lb (453.6 kg) per trip to 1,500 lb (680.4 kg) per
trip (the daily limit would be maintained at 250 lb (113.4 kg) per
DAS). Additionally, since vessels with these permits are not regulated
by DAS, they would not be subject to the proposed commercial common
pool AMs. Given the economic considerations presented by the effort
control measures, vessels with limited access Category C or Handgear A
permits may be expected to have comparatively little PSC to bring to a
Sector, and may be expected to have substantially improved economic
opportunities under the common pool measures compared to the FY 2009
interim action. In fact, none of the 11 limited access Category C
permit holders had elected to join a Sector as of September 1, 2009,
and only 6 of the 130 Handgear A permit holders had elected to join a
Sector. Of the remaining 522 limited access NE multispecies vessels
that had not elected to join a Sector, 337 DAS permit holders had no
Category A DAS, of which 164 had not qualified for a PSC for any stock.
These vessels may still be able to participate in the NE multispecies
fishery, but would only be able to do so through the DAS Leasing
Program. Among the vessels that did not join a Sector and either had
some PSC and/or had been allocated at least one Category A DAS, the
reasons for electing to remain in the common pool are uncertain. Many
of these vessels may have had low PSCs, may have not been accepted by
any Sector, considered the cost of joining a Sector to be too high, or
made a business decision in which the economic opportunities of fishing
under effort controls to be superior to joining a Sector.
An evaluation of the number of Category A DAS that are necessary to
cover annual fixed costs is described in Section 7.5.1.3.1.2 of
Amendment 16. This analysis suggests that the total number of Category
A DAS needed for all limited access permit holders that participated in
the NE multispecies fishery to break even were estimated to be 34,078
DAS. However, many vessels cannot break even on their DAS allocations
alone, and rely on the DAS Leasing Program to acquire the additional
DAS needed to remain profitable. The proposed action would reduce
Category A DAS by 50 percent and is expected to result in about 22,000
allocated Category A DAS. The two proposed changes to DAS charging
measures (i.e., 24-hr DAS counting and elimination of differential DAS
counting) would have little impact on the break-even DAS needed for a
vessel that has been conducting fishing trips that are longer than 24
hr in duration, but may increase the break-even DAS needed for vessels
that have been conducting fishing trips that are less than 24 hr in
duration. While the trip limit changes may offset some of the need for
additional DAS for vessels that fish in the GOM and GB, it is unlikely
that the same benefits will occur in the SNE area due to the
prohibition on the retention of SNE/MA winter flounder. Although carry-
over DAS from the previous FY, and DAS available through the DAS
Leasing Program, may potentially mitigate the potential shortage of
available DAS, overall, there are not enough Category A DAS to cover
annual fixed costs. However, for vessels that can access and
participate in the CA I Hook Gear Haddock SAP, the Regular B DAS
Program, the Eastern U.S./Canada Haddock SAP, and/or the modified CA II
Yellowtail Flounder/Haddock SAP, there may be enough opportunities to
use Category B DAS that the vessels can cover fixed costs.
DAS Leasing and Transfer Revisions
The DAS Leasing and Transfer Programs would be revised under
Amendment 16 to facilitate participation in these programs by allowing
permits in CPH to participate, eliminating the DAS conservation tax in
the DAS Transfer Program, and by eliminating the cap on DAS that may be
leased. Allowing permits in CPH to participate in this program would
eliminate some of the administrative burden and costs associated with
activating a permit, such as postage, documentation fees, etc.
Eliminating the conservation tax for DAS transfers would likely
encourage participation in this program. However, while eliminating the
conservation tax may improve the financial gain to the owner through
increased opportunities to fish (i.e., more DAS or ACE) and reduced
operation costs, such gains may not be sufficient to offset the
financial loss associated with having to give up duplicate permits as
part of this program. Note that this financial loss may be in terms of
business equity rather than a loss in current fishing income or
profitability since the value of retaining two vessels with a suite of
permits may be larger than the value of a single vessel with the same
number of DAS but fewer permits. Finally, by removing the DAS leasing
cap, one vessel can fish all of those DAS, reducing the fixed costs of
maintaining two vessels and increasing the efficiency of operating
multiple vessels. Because the CAM has been revised to account for
exchanges of DAS through
[[Page 69409]]
the DAS Leasing Program based upon previous individual vessel
participation in the DAS Leasing Program, the ability of the DAS
Leasing Program to help mitigate the economic impacts of proposed
effort controls is incorporated into the overall economic impacts of
common pool measures, as discussed above.
SMPs and SAPs
Amendment 16 would revise the existing SAPs to facilitate the
targeting of healthy stocks of haddock, including the continuation of
the Eastern U.S./Canada Haddock SAP, and would revise the provisions of
the Regular B DAS Program to reduce catch of pollock in this program to
rebuild this stock. Changes to the CA I Hook Gear Haddock SAP would
provide greater access to the SAP among Sector and common pool vessels
alike. The overall haddock TAC for this SAP would still limit the total
economic gain and potential removals from the SAP, but since the TAC
had not been reached in the past, these changes increase the likelihood
that the full benefit from the SAP would be realized. Changes to the CA
II Yellowtail Flounder/Haddock SAP would also increase economic return
to participating vessels, as more of the available Eastern GB haddock
TAC available to U.S. vessels would likely be harvested. However, given
its distance from shore, vessels able to take advantage of this
economic opportunity would be limited to larger vessels. There would be
some costs incurred to participate in this SAP, as specific gear is
required, but these costs are likely to be incurred anyway as the
vessels that fish in this SAP probably have already obtained the gear
to fish in the Eastern U.S./Canada Haddock SAP and the Eastern U.S./
Canada Area.
The elimination of the SNE/MA Winter Flounder SAP under Amendment
16 would prohibit vessels fishing for summer flounder in western SNE
from landing up to 200 lb (90.7 kg) of SNE/MA winter flounder without
the use of a NE multispecies DAS. Based on historical data, it is
likely that the revenue losses from this change will not exceed
$200,000 per year and are likely to be closer to $150,000. Since this
action also proposes to prohibit the possession of SNE/MA winter
flounder, even if a vessel is allocated NE multispecies DAS, it may
incur an opportunity cost by not being able to use those DAS to land
SNE/MA winter flounder, but could gain back some losses by leasing
those DAS to another vessel.
Common Pool AMs
For common pool vessels, a differential DAS counting AM would be
implemented for FYs 2010 and 2011, while a trimester TAC AM with
associated area closures and trip limit adjustments would be
implemented for FY 2012 and beyond under the proposed action.
Generally, increasing the differential DAS rate throughout the fishery
as a result of an ACL overage would reduce the number of DAS available
to the fishery and make it more difficult for NE multispecies fishing
vessels to recover fixed costs. If the differential DAS rate is reduced
because catches are below ACLs for all stocks, the opposite occurs:
More DAS become available and revenues and profits would be expected to
increase. Changes in differential DAS counting in one area and not
another may result in effort shifts that not only modify the expected
biological impacts of the measure, but that could alter the economic
impacts. Increased fishing in areas that are not subject to
differential DAS counting as a result of implementing differential DAS
counting in other areas under this AM might result in higher landings
of certain species of fish from these areas that depress prices for
such stocks and reduce revenues for vessels fishing in these areas.
Further, if the differential DAS AM is triggered by an ACL overage for
a minor stock, yields for all stocks caught in the area would be
reduced, even those that are healthy. Thus, vessels may be affected by
differential DAS counting due to an overage for a stock that they may
not even catch. Starting in FY 2012, the triggering of area closures
and revisions to trip limits under the trimester TAC AM may disrupt the
market and result in fluctuating prices. This system would also impose
additional costs on common pool vessels, as they would be responsible
for paying for dockside monitoring costs for 20 percent of common pool
trips. Unlike Sectors, common pool vessels would remain subject to the
inefficiencies of the effort control system and are limited in their
ability to modify behavior to increase profits and absorb the increased
reporting costs. Over the long-term, the implementation of effective
AMs would be expected to contribute to rebuilding of NE multispecies
stocks as biological objectives are achieved. This would be expected to
increase the revenues for the commercial fishery and the recreational
harvest as fishermen benefit from stock rebuilding. However, specific
AMs could have different economic impacts based upon the measures
implemented at that time.
Sector Measures
The proposed action would allow any vessel owner that holds a
limited access NE multispecies permit to join a Sector, or remain
subject to the effort controls of the common pool, offering vessel
owners greater flexibility in making business decisions. This means
that the decision whether or not to join a Sector may be expected to be
based on whether joining a Sector, or opting to stay in the common
pool, offers the greater economic advantage. Since Sectors would be
granted a set of universal exemptions and may request additional
exemptions from other regulations, Sector vessels may be able to
operate in a more economically efficient manner. For example, trawl
vessels in Sectors are likely to increase catch rates and fish fewer
days, reducing trip costs and increasing profitability. However, the
economic benefits of Sector participation also depend on ACE
allocations. Because Amendment 16 proposes to prohibit the possession
of SNE/MA winter flounder, it would be difficult for sectors using
trawl, and perhaps gillnet gear, to identify fishing techniques that
can be used in the SNE/MA stock area without catching SNE/MA winter
flounder--particularly if the vessels intend to target yellowtail
flounder. For this reason, certain Sectors that intend to operate in
this area may receive limited economic benefits from this action, and
joining Sectors may actually limit fishing opportunities for vessels
that operate in these areas.
Sectors would have to bear the administrative costs associated with
administering and monitoring Sector operations, including costs
associated with a Sector manager, dockside monitoring, and at-sea/
electronic monitoring. The magnitude of the administrative costs for
Sector formation and operation was estimated to range from $60,000 to
$150,000 per Sector, and the potential cost for dockside and at-sea
monitoring ranged from $13,500 to $27,000 per vessel. Although these
estimates are uncertain, they serve to illustrate the fact that the
potential administrative costs associated with joining a sector may be
expected to influence a vessel owner's decision. At least for FY 2010,
the majority of these administrative costs would likely be subsidized
by NMFS. Whether these subsidies, which include providing financial
support for preparation of Sector EAs, dockside monitoring, and at-sea
monitoring, will continue beyond FY 2010 is not known. Nevertheless,
these subsidies may make joining, or
[[Page 69410]]
continuing to participate in a Sector a more attractive economic
alternative during FY 2010 than otherwise. However, since Sectors are
self-selecting, some vessel owners may not be accepted into the Sector
of their choice, or any Sector at all. Vessel owners with little or no
PSC to contribute to a Sector's overall ACE may find it difficult to
find a Sector that will accept them and may be forced to remain in the
common pool.
The proposed action would allow ACE to be traded between Sectors to
provide additional flexibility in the event that: (1) The initial
portfolio of ACE for each Sector does not match the Sector's desired
ACE portfolio, or (2) a Sector exceeds its ACE and needs additional ACE
to cover the overage and continue fishing. The qualification criterion
used to compute the PSC for each stock means that allocations of ACE
may or may not be consistent with recent fishing patterns. While inter-
Sector trading of ACE will allow Sectors to balance initial and desired
quota allocations, this is not likely to be a costless transaction.
Based on Sector rosters submitted to NMFS as of September 1, 2009, the
potential shortfalls or surplus in ACE for any given Sector was
evaluated for each Sector. For several Sectors, there was reasonable
correspondence between recent landings and the Sectors' ACE. In other
cases, Sectors either have substantial potential surplus or deficits,
depending on the stock. Thus, some Sectors may need to rely upon ACE
trading to ensure that sufficient ACE is available to maintain fishing
operations, at least when compared to recent fishing activity, even
though it is unclear whether recent fishing patterns by participating
vessels would continue under Amendment 16.
The economic impacts of the proposed Sector measures cannot be
reliably quantified, since any given Sector may be expected to operate
in a different manner. A quantitative estimate of the economic impact
of the proposed action effort control measures on fishing businesses
were reported in Section 7.5.11.1.3 of Amendment 16. However, a more
precise estimate of the economic impact of each Sector is expected to
be included in the environmental assessment accompanying annual Sector
operations plans submitted to NMFS for approval and implementation for
FY 2010. Since joining a Sector is voluntary, the economic impact on
individual small fishing businesses that choose to join a Sector may be
expected to be less than that estimated for the common pool.
Measures Applicable to Recreational and Charter/Party Vessels
The proposed action would effectively continue most of the
management measures implemented under the 2009 interim action, with the
exception of the GB cod trip limit of 10 cod per person per day for
charter/party vessels. For this reason, the proposed action would not
have any economic impacts over and above what had previously been
analyzed, but would likely have fewer economic impacts than the 2009
interim action due to the absence of a possession restriction on GB cod
for charter/party vessels. The manner in which the realized economic
impacts during FY 2009 and continuing into FY 2010 and beyond may
differ from that discussed below cannot be assessed at this time
because FY 2009 will not end until April 30, 2010. A full description
of the economic impacts of proposed recreational measures is included
in Section 7.5.1.3 of Amendment 16.
Available data indicate that about two-thirds of the 92 charter/
party vessels that participated in the NE multispecies fishery during
FY 2007 would not be adversely affected by the proposed action. These
vessels did not take any trips in the GOM during April 1 to April 15 on
which cod were retained, and did not report keeping any winter flounder
in the SNE/MA stock area. The remaining 29 participating vessels were
estimated to lose an average of $10,393 in sales annually due to
potential lost passengers as a result of the proposed measures for the
recreational fishery.
The realized impact on charter/party vessels is uncertain, since
impacts depend on angler response to any one of the proposed measures.
These responses may be expected to have different impacts depending on
where charter/party operators are located. The majority of charter/
party operators from Maine, New Hampshire, and Massachusetts take trips
exclusively in the GOM. Passenger demand in these three states would
only be adversely affected by the 2-week extension of the closed season
on GOM cod. While charter/party operators may be expected to try to
shift trips that would otherwise have taken place during early April to
later in the month, or into May, the ability to do so may be limited.
At least some of the impacts of the extended closure may be offset by
the reduction in the haddock size limit, as this action would increase
the number of opportunities for charter/party passengers to keep more
haddock. Since the majority of occasions where haddock were kept
occurred in the GOM, to the extent that charter/party demand is
influenced by the chance to keep more fish, passenger demand may be
expected to increase for GOM charter/party operators.
Unlike the charter/party passengers in the GOM, anglers taking
charter/party trips may be affected by the prohibition on keeping SNE/
MA winter flounder. Compared to angler response to the GOM cod closure,
adverse angler response to this measure may be larger because it would
affect all trips, not just trips during a particular season. The
prohibition on retaining winter flounder may be particularly sensitive,
since the winter flounder season is short and occurs during early
spring when the availability of substitute species is limited. Angler
trip demand is believed to be driven by expectations, and the extent to
which those expectations may be constrained by regulation may be
anticipated to influence demand. This measure is likely to have a
larger impact on charter/party operators from Rhode Island to New
Jersey. Since the number of trips that also landed haddock is likely to
be comparatively small, reduced passenger demand for trips in the SNE/
MA area may not be expected to be offset by the reduction in the
haddock size limit.
In addition to the measures implemented by the 2009 interim action,
the proposed action would remove the limit on the number of hooks,
remove the prohibition on filleting fish at sea, establish a process
for implementing AMs if a sub-ACL specified for the recreational
fishery is exceeded, revise the minimum size limit for Atlantic
halibut, and prohibit the retention of Atlantic wolffish. The removal
of the hook limit and the prohibition on filleting fish at sea would
provide some economic relief to charter/party operators, although the
relative magnitude of this relief is uncertain. Removal of the limit on
hooks would likely increase the probability of catching NE
multispecies, resulting in higher catch rates. Higher catch rates may
also increase the probability of catching a legal sized fish and the
number of legal-sized fish that may be kept. This is particularly
important in so-called meat fisheries where the opportunity of landing
larger numbers of legal-sized fish for personal consumption is an
important factor influencing participation in the fishery. Therefore,
removal of the hook limit would enhance the value of a recreational
fishing trip, even if the number of fishing trips does not change. The
magnitude of these economic benefits is uncertain as economic
[[Page 69411]]
studies of the relationship between improved catch rates and improved
recreational fishing values have yet to be conducted. However, the
economic benefits of improved catch rates may be offset if the catch
exceeds the ACLs specified for the recreational fishery and triggers
AMs. Because any AMs would reduce the catch of cod and haddock by the
recreational fishery (the only two stocks that would be allocated a
recreational sub-ACL under Amendment 16), if AMs are triggered, the
value of a recreational trip would be decreased, although the magnitude
of that decrease would depend upon the AM implemented. Since the AMs
proposed in this action would only be developed once an overage has
occurred, the expected impacts of such AMs cannot be predicted in this
action, but would be analyzed in the action to implement such AMs, once
triggered. However, such AMs are likely to be based upon existing
measures such as seasonal closures for GOM cod, and bag/size limits for
both GOM cod and GOM haddock. Therefore, because these measures would
reduce opportunities to catch these stocks, recreational AMs would
likely decrease both the opportunity to catch fish in the recreational
fishery and the value of recreational trips for these stocks. At-sea
filleting of fish may be expected to increase the quality of services
that charter/party operators may offer to their customer base. Whether
this service increases the demand for charter/party trips is uncertain,
but it would increase the overall value of the recreational fishing
experience. The change in Atlantic halibut size limit may be expected
to have negligible, if any, economic impacts on the recreational NE
multispecies fishery, as recreational catch of Atlantic halibut is very
low, with only two Atlantic halibut, of unknown size, estimated to be
caught by charter/party vessels in any one FY. A prohibition on the
retention of Atlantic wolffish would result in some reduction in
economic value to recreational NE multispecies anglers, although the
magnitude of this reduction is uncertain. Although the economic value
for anglers that may target wolffish may be expected to be negative,
these trips represent such a small proportion of total angler trips
that the magnitude of total economic impact is likely to be small and
unlikely to appreciably affect the demand for charter/party trips.
Frameworkable Measures
The Council has submitted, for approval, a number of measures that
would be frameworkable. There are no economic impacts from this
measure. However, each future framework action would need to contain an
analysis of economic impact when applicable.
Measures Proposed To Mitigate Adverse Economic Impacts of the Proposed
Action
The proposed action contains a number of measures that would
provide small entities with some degree of flexibility to be able to
offset at least some portion of the estimated economic impacts
associated with proposed measures. The major mitigating measures
include revisions to the DAS Leasing and Transfer Programs; revisions
to existing SAPs to facilitate the targeting of healthy stocks of
haddock; revisions to Sector measures; and increased trip limits for
certain stocks.
As noted above, changes to the DAS Leasing and Transfer Programs
are intended to eliminate administrative obstacles that limited
participation in these programs. This is likely to increase
participation in these programs and increase the economic efficiency of
vessel operations and increase the possibility that vessels fishing
under a NE multispecies DAS, particularly common pool vessels, would be
able to acquire sufficient DAS to meet annual operating expenses and
remain economically viable despite additional effort controls in the NE
multispecies fishery. These benefits would not accrue under the no
action alternative for each of these measures, therefore the proposed
action is preferable to the no action alternative to minimize the
economic impacts of proposed measures.
Revisions to the existing SAPs would facilitate the harvest of
haddock by continuing the Eastern U.S./Canada Haddock SAP, expanding
both the season and area for the CA I Hook Gear Haddock SAP, and
revising the existing CA II Yellowtail Flounder SAP to provide
opportunities to access CA II to target haddock even when there is
insufficient GB yellowtail flounder TAC to support a targeted fishery
for GB yellowtail flounder both inside and outside the existing CA II
Yellowtail Flounder SAP. These revisions would increase the likelihood
that the fishery would harvest more of the abundant stocks of haddock,
particularly on GB. Available TACs for GB haddock have been
underharvested in recent years in part because of limited access to
potentially higher concentrations of haddock within CA II. This
proposed action would increase such access and likely lead to increased
vessel revenue due to increased catch of available haddock resources,
which may at least help offset reductions in revenue expected from
increased effort controls necessary to rebuild overfished stocks.
Although some of the proposed effort reductions would convert Category
A DAS to Category B DAS, this may increase incentives to fish more
selectively within these SAPs to enable vessels to avoid stocks of
concern and continue fishing under a Category B DAS, thereby maximizing
the economic return on available Category A and B DAS. Therefore, when
compared to the no action alternative for each of these revisions to
existing SAPs, the proposed action would offer increased economic
benefits in the form of greater access to, and revenue from, available
haddock resources.
The proposed action would increase trip limits for several species,
most notably GOM and GB cod, and CC/GOM and SNE/MA yellowtail flounder.
These trip limits are intended to offset the substantial effort
reductions in the form of reductions in Category A DAS and 24-hr DAS
counting proposed under Amendment 16. Because of the commingled nature
of the NE multispecies fishery, effort reductions necessary to meet the
rebuilding objectives of one overfished stock often result in excessive
effort reductions of other stocks. Therefore, the proposed revisions to
trip limits are expected to narrow the gap between F reductions
achieved and F reductions necessary for these stocks under this action.
As a result, these trip limits would not only meet the biological
objectives of this action based upon supporting analysis in Amendment
16, but would also increase revenue for common pool vessels. Therefore,
the proposed action would result in fewer economic impacts than the no
action alternative for the common pool and is the preferred alternative
under Amendment 16.
Finally, several of the revisions to Sector measures could help
mitigate the economic impacts of the proposed action. Under Amendment
16, all approved Sectors would be exempt from several provisions,
including portions of the GOM Rolling Closure Areas, NE multispecies
DAS restrictions, seasonal closure areas, trip limits on stocks
allocated to Sectors, and the requirement to use 6.5-inch (16.51-cm)
mesh when using selective trawl gear on GB with a 6-inch (15.24-cm)
codend. All of these measures would help increase the operational
efficiency of Sector vessels and would likely lead to increased revenue
for participating vessels. Because Sector vessels would no longer be
limited by DAS allocations and would instead be limited by their
[[Page 69412]]
available ACE, the economic incentive changes from maximizing the value
of all species on a DAS to maximizing the value of the ACE. This change
places a premium on timing of landings to market conditions, as well as
changes in the selectivity and composition of species landed on fishing
trips. Based upon an evaluation of the economic performance of vessels
participating in the current GB Cod Hook Sector, a Sector that has been
in operation since FY 2004, the average revenue per individual Sector
member nearly doubled between FY 2004 and 2008. Whether this difference
in efficiency was because of the flexibility associated with regulatory
exemptions or a self-selection effect is not known. Nevertheless,
available information is suggestive that economic performance among
Sector vessels may be expected to improve relative to continuing to
remain under effort controls. In order to maximize the value of ACE
available to Sectors, this proposed action would allow Sectors to trade
ACE. ACE trading would also help ensure that Sectors have sufficient
ACE available to continue operations in key stock areas and match
individual Sector ACE portfolios with recent fishing activity by
participating vessels or available fishing opportunities. In addition,
vessels that declared their intent to participate in one of the
existing Sectors would be allocated GB cod based upon landings history
of this stock between FYs 1996 through 2001. This was meant to increase
the stability of Sector allocations and preserve the value of existing
Sector permits, particularly for those vessels that invested in permits
with high landings histories of this stock during this period. The
selection of Option 5 (using landings history between FY 1996 and 2001
for calculating the GB cod PSC) under the proposed action would
increase the PSC available to such vessels by approximately 2 percent.
This action would also provide the Regional Administrator with the
authority to exempt Sector vessels from some of the proposed reporting
requirements for multi-area trips or when participating in SMPs. This
may reduce the operational costs by vessels, as they would not be
required to submit daily or trip-level catch reports via VMS, reports
that could cost as much as $0.764 per submission. Finally, this action
would authorize 17 new Sectors. Sectors allow participating vessels to
pool harvesting resources and consolidate fishing effort onto fewer
vessels to increase the flexibility and economic efficiency of fishing
operations. Because Sectors are self-selecting groups, they provide
incentives to self-govern and assurance to participating vessels that
Sector members would not face catch reductions as a result of overages
by other Sectors or the common pool. Under the no action alternative,
none of the above benefits associated with the proposed revised Sector
would be realized. Therefore, the proposed action is preferable to the
no action alternative for these measures. In addition, because the
proposed action preserves the value of investments made to participate
in the existing Sectors, all of the additional alternatives to PSC
calculations (i.e., Alternatives 2, 3, and 4) not selected by the
Council under Amendment 16 would devalue such permits and reduce the GB
PSC allocated to such permits by 2 percent.
Economic Impacts of Alternatives to the Proposed Action
Measures Applicable to Commercial Vessels
Overall Impacts
The no action alternative would not implement new rebuilding
programs for overfished stocks or revise mortality targets for existing
rebuilding programs. For some stocks, the existing Amendment 13
mortality targets are higher than the proposed revisions, but for
others, the existing rebuilding targets are lower than those in the
proposed action. Therefore, the no action alternative would produce
both higher and lower landing streams for particular stocks in the
short-term. In general, however, it would be expected that the no
action alternative would lead to lower landing streams over the long-
term. In addition, because the no action alternative would not
implement rebuilding programs for five stocks newly classified as being
overfished, landing streams for these stocks would likely be lower over
the long-term because continued fishing at existing levels would not
rebuild the stock. Accordingly, over the long-term, the no action
alternative would result in fewer economic benefits from rebuilt stocks
compared to the proposed action.
In addition to the proposed action, three other effort control
alternatives for commercial vessels were considered. These alternatives
included the no action alternative (Alternative 1), an alternative that
relied on increased use of differential DAS (Alternative 2A), and
another alternative (Alternative 4) that would have implemented a 40-
percent reduction in DAS from DAS allocations in FY 2006 along with
restricted gear areas. Alternatives 2A and 4 assumed that no additional
Sectors would be formed and that all vessels issued a limited access NE
multispecies permit would operate under the effort controls of the
common pool. A detailed comparison of estimated economic impacts
between the proposed action and the non-selected alternatives may be
found in Section 7.5.11.1.6 of Amendment 16.
Because the economic impact analysis for these alternatives assumed
that no Sectors would be formed under Amendment 16, the small entities
affected by these alternatives include all vessels issued a limited
access NE multispecies permit or an open access NE multispecies
Handgear B permit. In terms of total fishing revenue, the aggregate
impact of the proposed action on such vessels is expected to be lower
(a 9.8-percent reduction, or $15.4 million) than the impacts of
Alternative 2A (14.7-percent reduction, or $23.1 million) and
Alternative 4 (18.5-percent reduction, or $29.2 million). However, the
aggregate economic impact of the no action alternative (a 7.7-percent
reduction, or $12.2 million) would be lower than that expected from the
proposed action. Similar patterns are observed when evaluating changes
in revenue where regulated species and ocean pout were the predominant
species landed. For example, the no action alternative would result in
a 12.1-percent reduction ($12.2 million) in NE multispecies revenue,
Alternative 2A would result in a 22.9-percent reduction ($23.1 million)
in NE multispecies revenue, Alternative 4 would result in a 28.9-
percent reduction ($29.2 million) in NE multispecies revenue, but the
proposed action would result in a 15.2-percent reduction ($15.4
million) in NE multispecies revenue. Among the alternatives considered,
Alternative 4 tended to have larger adverse impacts on fishing
businesses across home port states and dependence on NE multispecies
for total fishing income. Alternative 2A tended to have larger adverse
impacts on vessels from Maine and Massachusetts, while the proposed
action impacts were larger for vessels from New Hampshire as well as
from SNE and MA states. However, due to differences in fishing
strategies at the individual business level, one alternative may
provide regulatory relief for some vessels, but may prove more
burdensome for others. There was no one alternative that would have
provided regulatory relief for all fishing businesses.
Section 7.5.1.3.1.2 of Amendment 16 discusses the number of DAS
that are necessary to cover annual fixed costs for the range of
alternatives considered in Amendment 16. According to this
[[Page 69413]]
analysis, the total number of Category A DAS needed for all limited
access permit holders that participated in the NE multispecies fishery
to break even were estimated to be 34,078 DAS. Under the no action
alternative, approximately 36,000 Category A DAS would be available to
limited access NE multispecies vessels due to the 18-percent DAS
reduction scheduled for FY 2009 under Amendment 13. With no changes to
existing trip limits, differential DAS counting, or other measures,
this amount of DAS available would exceed the number of DAS necessary
for the fleet to meet expenses. Alternative 2A would also result in
36,000 Category A DAS allocated to the fleet, but would apply
differential DAS counting over broader geographic areas, would revise
the rates applied in specific areas, implement restricted gear areas,
and both increase and decrease the existing trip limits for several
stocks. Although this alternative would increase trip limits for some
stocks and, therefore, decrease the number of DAS necessary to meet
expenses, it would also increase the rate at which DAS are used and
increase the number of DAS necessary. Therefore, it is difficult to
predict whether Alternative 2A would provide sufficient DAS to meet
annual expenses. Alternative 4 would reduce allocated Category A DAS by
40 percent, to 26,400 Category A DAS, but would eliminate existing
differential DAS counting areas. Although this alternative would
include the same changes to trip limits as Alternative 2A, it is not
likely that increased trip limits for some stocks would produce
sufficient revenue to overcome overall reductions in DAS to meet annual
expenses. Finally, the proposed action would result in approximately
22,000 DAS allocated to the fleet. While carry-over DAS may offset some
of the reductions for these alternatives and the increased availability
of Category B DAS may encourage participation in SMPs, it is unclear
whether these factors would be sufficient to allow vessels to meet
expenses or make a profit under each alternative.
Even though the no action alternative would result in the fewest
economic impacts to affected vessels and likely provide sufficient DAS
for vessels to meet annual expenses, the no action alternative would
not achieve the reductions in F necessary to rebuild overfished stocks
or achieve the biological objectives of the FMP and is, therefore, not
consistent with applicable law. In contrast, the proposed action is
consistent with applicable law because it would achieve the biological
objectives of the FMP, including implementing rebuilding plans for
newly overfished stocks and reducing F for all stocks necessary to
rebuild stocks within established rebuilding periods, while resulting
in the fewest economic impacts to affected entities among the other
alternatives considered. Over the long term, economic benefits from
rebuilt stocks would mean that the proposed action would produce the
most economic benefits to affected entities once stocks rebuild when
compared to the alternatives considered in this action.
The no action alternative would not distribute available regulated
species and ocean pout ACLs between the commercial and recreational
fisheries. As a result, the catch from both fisheries would be used to
determine whether additional measures are necessary in the future to
ensure that stocks rebuild. Accordingly, if one group catches regulated
species or ocean pout in excess of historical trends, the other group
would likely be affected by any management measures that would be
necessary to rebuild the stock. This would result in greater economic
impacts than the proposed action, as the entire fishery would be
subject to such measures rather than the group responsible for the
overage.
Impacts of Alternative Common Pool Measures
In addition to the overall impacts listed above, there are
additional economic impacts associated with other alternatives
considered under Amendment 16 that apply only to common pool vessels.
Regarding the DAS Leasing and Transfer Programs, the other alternatives
would not have revised these programs to allow CPH vessels to
participate in either program, would not temporarily or permanently
remove the DAS conservation tax or the cap on DAS leasing, would impose
a tax on DAS leased, or would refund any DAS lost to the application of
a DAS conservation tax during DAS transfers in previous FYs. Therefore,
with the exception of the alternative that would refund DAS lost due to
the DAS conservation tax, these other alternatives would increase costs
compared to the proposed action by reducing the DAS available to either
program and making available DAS more expensive to acquire. In
addition, permit holders would incur costs associated with activating
permits in CPH to participate in these programs, or maintaining
multiple vessels to fish a given number of DAS that could be fished on
one vessel if not for the leasing cap. While one alternative to the
proposed action would have refunded any DAS lost due to the DAS
conservation tax in the DAS Transfer Program, this would have only
marginally increased the DAS available to such vessels by 81.52
Category A DAS, 148.23 Category B DAS, and 416.41 Category C DAS.
Cumulatively, the Category A and B DAS lost to the conservation tax
represented only 0.2 percent of the total number of the Category A and
B DAS allocated to the entire fishery in FY 2007 (Category C DAS cannot
be used by any vessel at this time). Refunding these DAS would result
in additional DAS that could increase, although marginally, the amount
of regulated species and ocean pout that would be harvested in future
FYs. Because additional effort reductions are necessary under this
action to rebuild several NE multispecies stocks, allowing additional
effort into the fishery would compromise the rebuilding objectives of
the FMP and result in fewer long-term economic benefits than the
proposed action.
The no action alternative would not revise the CA I Hook Gear
Haddock SAP or the CA II Yellowtail Flounder SAP to facilitate the
harvest of haddock; would allow the Eastern U.S./Canada Haddock SAP to
expire; would not include pollock as a stock of concern, or implement
reduced trip limits and an incidental catch TAC for pollock in the
Regular B DAS Program; would allow the SNE/MA Winter Flounder SAP to
continue; and would not implement the GOM Haddock Gillnet Pilot
Program. Combined, the no action alternative for the SAPs and the GOM
Haddock Gillnet Pilot Program would result in increased economic
impacts compared to the proposed action due to foregone opportunities
to increase the catch of the abundant haddock resource. However, the no
action alternative for the Regular B DAS Program would result in fewer
short-term economic impacts than the proposed action, as vessels would
be able to continue to target pollock using a Regular B DAS, but
increased long-term economic impacts, as continued targeting of pollock
would likely increase F on this species and delay economic benefits
from a rebuilt species. Similar long-term impacts would also occur for
SNE/MA winter flounder under the no action alternative, as it would
continue the SNE/MA Winter Flounder SAP and the associated catch of
this stock, despite the need to reduce F to as close to zero as
practicable to rebuild this stock. Thus, the proposed action would
result in fewer long-term economic impacts
[[Page 69414]]
than the no action alternatives for these measures.
The no action alternative would not reduce the haddock minimum size
limit to 18 inches (45.7 cm) or increase the minimum size limit for
Atlantic halibut to 41 inches (104.1 cm). This would result in reduced
revenue due to haddock landings when large year classes enters the
fishery, such as when the 2003 year class entered the fishery in 2007
and 2008, but would likely result in a small increase in fishing
revenue compared to the proposed action due to catch of smaller halibut
when compared to the proposed action. However, because the no action
alternative could potentially delay rebuilding of Atlantic halibut, the
proposed action would have greater overall long-term economic impacts
to affected entities.
Under the no action alternative, most vessels would not be able to
be issued both a limited access Atlantic sea scallop and a limited
access NE multispecies permit at the same time (vessels issued a
limited access NE multispecies combination permit--Category E permit--
are already allowed to be issued both a limited access NE multispecies
permit and a limited access Atlantic sea scallop permit). This would
restrict the flexibility of vessels to participate in more than one
fishery and prevent the consolidation of fishing opportunities for two
fisheries onto one vessel. As a result, there would be less effective
use of capital assets than would occur if the restriction were lifted
under the proposed action.
In contrast to the proposed action, the no action alternative would
not implement AMs for common pool vessels. The no action alternative
would likely result in fewer short-term economic impacts than the
proposed action, as AMs would not be implemented. Failure to implement
AMs would maintain or increase the catch of regulated species and ocean
pout even after sub-ACLs allocated to the common pool have been caught.
In addition, common pool vessels would not be responsible for costs
associated with dockside monitoring, as required in FY 2012 and beyond
under the proposed action. However, long-term economic impacts would
likely be higher for the no-action alternative because AMs are intended
to prevent overfishing and increase the probability that rebuilding
objectives of the FMP are achieved. In addition, without AMs for the
common pool fishery, Sector vessels or the recreational fishery may be
subject to lower overall catch due if stocks fail to rebuild and lower
ACLs are necessary as a result.
Impacts of Alternative Sector Measures
The economic impacts of the options considered for determining PSCs
are described in detail in Section 7.5.1.2.3 of Amendment 16. The
proposed action would calculate PSC based upon landings history between
FYs 1996-2006 for all stocks (Option 1), except that the PSC for GB cod
would be calculated based upon landings history between FYs 1996-2001
for vessels that had signed preliminary rosters for existing Sectors as
of March 1, 2008 (Option 5). The other PSC alternatives include no
action (landings history for the most recent 5-yr period), and options
involving a combination of landings history between FYs 1996-2006 and a
measure of capacity based upon vessel size and horsepower and/or
allocated DAS (Options 2 through 4). The analysis of these options
indicated that larger vessels would receive the most value from the PSC
selected in the proposed action (i.e., PSC Option 1), but that medium
vessels would receive the most value from PSC Option 4, while small
vessels would receive the most value from the no action PSC option. The
impacts of the PSC options for vessel size class vary from stock-to-
stock, based upon the size class of vessels that predominantly landed
that stock. Also, the impacts vary based upon the areas fished by
individual vessels. In general, vessels that fished in all areas would
receive more PSC under the no action PSC option or Option 1. Permits
that fished only in the GOM or on GB would receive the most PSC under
Option 4, while vessels that fished exclusively in SNE would receive
the most PSC under Options 3 or 4. Impacts of these alternatives by
homeport state also vary based upon the distribution of various stocks
among the PSC options considered. For example, Massachusetts vessels
would have benefited the most from the no action alternative, but
vessels from Maine and New Hampshire would have benefited the most from
PSC Option 4. Vessels from more southerly states would receive more PSC
from Option 3. In general, PSC options involving capacity (i.e.,
Options 2 through 4) tended to shift allocations from vessels with
higher landings history-based allocations to vessels with lower
history-based allocations compared to the proposed action. When
combined with Option 5, permits that were not committed to the existing
two Sectors would have their GB cod PSC reduced by approximately 2.1
percent compared to their PSC if only Option 1 were adopted. However,
these permits would lose the most GB cod PSC if Options 2, 3, or 4 were
adopted with Option 5. Therefore, because the proposed action adopts
Options 1 and 5, the vast majority of vessels would receive the most GB
cod PSC out of the possible combinations of alternatives that the
Council could have selected. Although the PSC options considered all
have different effects on different vessels, Options 1 and 5 were
selected to reflect current participation in the fishery based upon
landings history (i.e., including vessel capacity in the calculation of
PSCs would shift allocation of ACLs from vessels that have actively
participated in the fishery by landing regulated species and ocean pout
to those that may not have participated as actively in the fishery),
mitigate the regulatory changes and their impacts on individual
vessels, and to preserve the value of permit investments made by vessel
owners interested in participating in one of the existing Sectors.
The no action alternative would not implement provisions for
trading ACE between Sectors or allow Sectors to carry forward unused
ACE into the following FY. The inability to trade ACE would likely
result in Sectors not fully harvesting allocated ACE, as Sector catch
may not precisely mirror ACE allocations for each stock, sacrificing
yield and associated fishing revenue. In contrast, the inability to
carry forward unused ACE would produce incentives to fully harvest any
ACE allocated, thereby also creating incentives to potentially
illegally discard legal-sized fish to maximize catch of ACE
allocations. In comparison with the proposed action, this would result
in less efficient operations and likely short-term and long-term
economic impacts due to lost yield and, possibly, delays in rebuilding
stocks.
Compared to the proposed action, the no action alternative would
have maintained existing Sector operations plan requirements,
monitoring/reporting requirements, and provisions for SMPs. All of
these measures would likely result in fewer costs to potential Sectors,
as the proposed action would increase requirements for Sector
operations plans; increase monitoring/reporting requirements for
Sectors; and, with the exception of the CA I Hook Gear Haddock SAP,
fail to specify which SMP provisions would apply to Sector vessels. The
cost savings from avoiding the additional monitoring requirements of
the proposed action are listed in the economic impacts of the proposed
action above, but the savings from avoiding the additional reporting
costs are less certain. Reporting costs include costs associated with
additional VMS
[[Page 69415]]
catch reports to individual vessel owners. Depending on the individual
vessel's contract with the VMS vendor, such costs may be covered by
existing contracts. However, additional reporting costs associated with
the proposed action would include a cost of approximately $0.004 per
character, plus approximately $0.50 for each submission via VMS, or
approximately $0.764 per report. Thus, the no action alternative would
result in equivalent savings compared to the proposed action, but the
amount of such savings would depend upon the VMS contract to individual
vessels. Although the no action alternative for these provisions would
cost less than the proposed action, the proposed action was selected
because these additional requirements are considered necessary to
adequately monitor Sector catch on a real-time basis, understand and
evaluate the likely impacts of Sector operations, and more consistently
apply the principles behind Sector management (i.e., to promote more
flexible and efficient operations by self-selecting and self-governing
groups of individual vessels) across all facets of vessel operations,
including those in designated SMPs.
Measures Applicable to Recreational and Charter/Party Vessels
Two alternatives to the proposed action affect whether recreational
anglers could land NE multispecies as fillets without the skin: Option
1 would allow fillets to be landed without skin, while the no action
alternative (Option 3) would maintain the existing prohibition on
landing fillets without skin. Option 1 would increase the economic
value of recreational trips, particularly charter/party trips, as
vessels could provide filleting and skinning as a service to customers.
However, landing fish without skin would complicate enforcement and
assessment of recreational catch, as species identification would be
very difficult. This may, in turn, increase management uncertainty for
the recreational fishery and lower ACLs as a result. This would likely
result in increased economic impacts compared to either the proposed
action or the no action alternative, which would require at least some
skin to remain on fillets. The no action alternative may impact income
for crew aboard charter/party vessels, as skinning fillets would
continue to be prohibited until landing. The proposed action was
selected as a compromise between the alternatives considered, as it
would allow fillets to be landed with only a small portion of the skin
intact to facilitate species identification and enforcement of minimum
fish sizes and trip limits.
Amendment 16 considered two other options for reducing GOM cod
mortality in the recreational fishery: Option 1 would increase the
minimum size limit to 26 inches (66 cm), while Option 2 would reduce
the bag limit to six fish per trip. If recreational fishing value is
based upon the opportunity to catch a fish, economic impacts associated
with Option 1 would likely be less than that for either Option 2 or the
proposed action, as both later options would reduce opportunities to
fish. However, if the increased size limit of Option reduces the
possibility that cod could be retained, then the economic impacts could
differ, as both Options 2 and the proposed action would maintain the
existing size limits for GOM cod. However, the proposed action was
selected because seasonal closures are the most effective means to
reduce recreational catch and ensure that conservation objectives are
achieved for this portion of the fishery.
The no action alternative would allow recreational vessels to
possess and retain Atlantic wolffish. Based upon existing data,
approximately 1,644 charter/party trips targeted this species during
2006-2007. Thus, the no action would maintain the value associated with
these trips, resulting in fewer economic impacts than the proposed
action that would prohibit the possession of this species by both
commercial and recreational vessels. However, the proposed action would
implement a rebuilding program for this species that includes a
prohibition on landings by all vessels. While this would result in
short-term economic losses to the recreational fishery, such measures
are necessary to rebuild the stock and preserve future opportunities to
harvest the species as it rebuilds.
Amendment 16 considered several alternatives to the proposed action
regarding recreational fishery AMs. These alternatives included no AMs
under the no action alternative, AMs developed exclusively by the
Council under Option 1, and AMs developed exclusively by NMFS under
Option 2. Because these alternatives involve processes for specifying
AMs, but do not actually propose any specific AMs, the economic impacts
associated with these alternatives are based upon the timing of when
such AMs would be implemented and the actual AMs that would be
implemented from these processes. For example, due to the length of the
Council process and the timing of Council meetings, it is likely that
any AMs developed under Option 1 would not be available until after
anglers begin reserving fishing trips during the early spring. This may
affect whether customers will actually commit to a particular trip
without knowing the applicable regulations. If this affects customer
behavior, Option 1 would likely result in fewer charter/party trips,
particularly if regulations are not finalized until later in the
spring. Options 1 and 2 would result in some impact to the recreational
fishery, but this impact is heavily dependent upon the AMs developed
under those options. Changes in bag limits, minimum sizes, and
shortened seasons typically reduce the catch and, therefore, value of
recreational trips. Because changes to bag limits and minimum sizes are
less effective at reducing recreational catch, these measures must
generally be implemented for greater durations, resulting in greater
adverse economic impacts than closures. However, economic impacts
associated with reduced opportunities to catch one species may be
offset by increased opportunities to catch another stock. As a result,
Options 1 and 2 may not result in different economic impacts than the
proposed action unless customer behavior is affected by when the
regulations are available. Under the No Action alternative, AMs would
not be adopted. While this avoids the economic impacts of AMs in the
short term, this may make it less likely that mortality objectives are
achieved and could result in more stringent measures in the future. The
proposed action was selected because it represents a compromise between
the other alternatives considered. Under the proposed action, NMFS
would develop appropriate AMs in consultation with the Council. This
would allow AMs to be implemented in the most expedient manner, thereby
decreasing the possibility that AMs would be implemented too late to be
effective during the FY following an overage. In addition, because the
Council includes members of state resource management agencies, the
agencies responsible for managing the vast majority of recreational
fishing activity, consultation with the Council was considered
necessary to implement AMs that would effectively reduce recreational
catch.
Description of the projected reporting, recordkeeping, and other
compliance requirements of the proposed rule:
Reporting and Recordkeeping Requirements
The proposed measures under Amendment 13 include the following
provisions requiring either new or revised reporting and recordkeeping
[[Page 69416]]
requirements: (1) Sector operations plan and associated NEPA analysis,
(2) dockside/at-sea monitoring service provider application, (3)
dockside/at-sea monitoring service provider response to application
disapproval, (4) data entry for Sector discard monitoring system, (5)
Sector weekly catch report, (6) Sector annual report, (7) notification
of expulsion from a Sector, (8) request to transfer ACE, (9) VMS
installation, (10) VMS certification form, (11) VMS confirmation call,
(12) automated VMS polling of vessel position, (13) VMS area and DAS
declaration, (14) VMS trip-level catch reports, (15) request for a LOA
to participate in the GOM Haddock Gillnet Pilot Program, (16) request
for a LOA to fish in a NE multispecies RGA, (17) VMS declaration to
fish in a NE multispecies RGA, (18) pre-trip hail report to a dockside
monitoring service provider, (19) trip-end hail report to a dockside
monitoring service provider, (20) confirmation of dockside monitoring
trip-end hail report, (21) dockside/roving service provider data entry,
(22) dockside/roving or at-sea monitor deployment report, (23)
dockside/roving or at-sea monitoring service provider catch report to
NMFS upon request, (24) dockside/roving or at-sea monitor report of
harassment and other issues, (25) OLE debriefing of dockside/roving or
at-sea monitors, (26) copy of dockside/roving or at-sea monitoring
service provider contract upon request, (27) copy of dockside/roving or
at-sea monitoring service provider information materials upon request,
(28) observer program pre-trip notification, (29) daily VMS catch
reports when fishing in the U.S./Canada Management Area and CA II SAPs,
(30) daily VMS catch reports when fishing in the CA I Hook Gear Haddock
SAP, (31) daily VMS catch reports when fishing in the Regular B DAS
Program, and (32) copy of the dealer weigh-out slip or dealer signature
of the dockside monitor report.
The costs associated with the new and revised reporting and
recordkeeping requirements specified in this action are detailed in the
PRA analysis associated with Amendment 16. Some of these costs are
minimal, consisting only of postage and copying costs. However, other
costs are more substantial and are detailed for several of the more
involved information collections below.
Any NE multispecies DAS vessel, including a vessel participating in
a Sector, that intends to fish in any SMP, including the U.S./Canada
Understanding and all SAPs, would be required to use VMS when
participating in these programs. In addition, any Handgear A permit
participating in a Sector would be required to use VMS to comply with
the declaration and reporting requirements associated with measures
proposed under Amendment 16. Any vessel that does not currently possess
a VMS must obtain one prior to fishing in a SAP, the U.S./Canada
Management Area, or on a Sector trip. The cost of purchasing and
installing VMS is currently estimated at $3,600 per vessel, with
operational costs estimated at approximately $150 per month. Amendment
16 would require a vessel issued a limited access NE multispecies
permit fishing in multiple broad stock areas to submit a trip-level
catch report via VMS for such trips. These catch reports would cost
approximately $0.79 per report, for a total yearly cost of
approximately $15 for the 134 vessels that are expected to fish in
multiple areas on the same trip, based upon historic data.
There are costs associated with several of the reporting and
recordkeeping measures proposed for Sectors under this action. The
development of a Sector operations plan and associated NEPA analysis is
estimated to require approximately 4 months for each document,
resulting in a cost of approximately $150,000 to each Sector (i.e.,
$50,000 for the development of the operations plan, and $100,000 for
the development of an EA) on an annual basis. These costs are likely to
decrease in future years, as subsequent operations plans and EAs could
build upon the original documents. It is estimated that approximately
$2,500 per year would be required to purchase and enter data into a
discard database for each Sector. Finally, the weekly Sector catch
reports are expected to cost approximately $5,200 to prepare and submit
to NMFS, while the annual Sector report is expected to cost about $304
per Sector to develop.
Amendment 16 would require dockside monitoring for Sector vessels
beginning in FY 2010, while common pool vessels would be subject to
dockside monitoring beginning in FY 2012. The pre-trip hail reporting
requirements would cost approximately $12 per vessel each year,
assuming that such reports were made via VMS. Due to the more expansive
information required for the trip-end hail reports, the yearly cost to
each vessel would be approximately $17, assuming that such reports were
made via VMS. Costs to vessels receiving dockside/roving monitoring
services proposed under Amendment 16 include $10 per year for
confirming pre-trip hail reports and $13 to confirm trip-end hail
reports and specify whether a particular trip would be observed by a
dockside monitor. Requirements to maintain and enter data into a
dockside monitoring database would cost approximately $4,225 per
service provider annually, while submitting dockside monitoring data to
NMFS would cost each service provider approximately $36,000 per year.
Similar costs to service providers are expected to notify Sector
vessels of selection for at-sea/electronic monitoring coverage ($3,125
per year) and to submit at-sea/electronic monitoring data to NMFS
($36,000 per year).
Other Compliance Requirements
The only other compliance costs associated with this proposed rule
are those associated with the gear requirements specified for the NE
multispecies RGAs. Any NE multispecies vessel that elects to fish in
the common pool would be required to utilize selective fishing gear
when fishing in the NE multispecies RGAs. If a vessel does not already
possess such selective gear, a new haddock separator trawl net, rope
trawl, or Ruhle trawl is estimated to cost approximately $13,000, or
about $750 to modify existing gear. Sector vessels would not be subject
to the RGA measures or the costs associated with such selective gear.
This rule contains collection-of-information requirements subject
to review and approval by OMB under the Paperwork Reduction Act. These
requirements have been submitted to OMB for approval. Public reporting
burden for these collections of information are estimated to average,
as follows:
1. Sector operations plan and associated NEPA analysis,
OMB 0648-0202, (640 hr/response);
2. Dockside/at-sea monitoring service provider application,
OMB 0648-0202, (10 hr/response);
3. Dockside/at-sea monitoring service provider response to
application disapproval, OMB 0648-0202, (10 hr/response);
4. Data entry for sector discard monitoring system, OMB
0648-0202, (3 min/response);
5. Sector weekly catch report, OMB 0648-0202, (4 hr/
response);
6. Sector annual report, OMB 0648-0202, (12 hr/response);
7. Notification of expulsion from a Sector, OMB 0648-0202,
(30 min/response);
8. Request to transfer ACE, OMB 0648-0202, (5 min/
response);
9. VMS installation, OMB 0648-0202, (1 hr/response);
[[Page 69417]]
10. VMS certification form, OMB 0648-0202, (10 min/
response);
11. VMS confirmation call, OMB 0648-0202, (5 min/
response);
12. Automated VMS polling of vessel position, OMB 0648-
0202, (5 sec/response);
13. VMS area and DAS declaration, OMB 0648-0202, (5 min/
response);
14. VMS trip-level catch reports, OMB 0648-0212, (15 min/
response);
15. Request for a LOA to participate in the GOM Haddock Gillnet
Pilot Program, OMB 0648-0202, (5 min/response);
16. Request for a LOA to fish in a NE multispecies RGA,
OMB 0648-0202, (5 min/response);
17. VMS declaration to fish in a NE multispecies RGA, OMB
0648-0202, (5 min/response);
18. Pre-trip hail report to a dockside monitoring service provider,
OMB 0648-0202, (2 min/response);
19. Trip-end hail report to a dockside monitoring service provider,
OMB 0648-0202, (15 min/response);
20. Confirmation of dockside monitoring trip-end hail report,
OMB 0648-0202, (2 min/response);
21. Dockside/roving service provider data entry, OMB 0648-
0202, (3 min/response);
22. Dockside/roving or at-sea monitor deployment report,
OMB 0648-0202, (10 min/response);
23. Dockside/roving or at-sea monitoring service provider catch
report to NMFS upon request, OMB 0648-0202, (5 min/response);
24. Dockside/roving or at-sea monitor report of harassment and
other issues, OMB 0648-0202, (30 min/response);
25. OLE debriefing of dockside/roving or at-sea monitors,
OMB 0648-0202, (2 hr/response);
26. Copy of dockside/roving or at-sea monitoring service provider
contract upon request, OMB 0648-0202, (30 min/response);
27. Copy of dockside/roving or at-sea monitoring service provider
information materials upon request, OMB 0648-0202, (30 min/
response);
28. Observer program pre-trip notification, OMB 0648-0202,
(2 min/response);
29. Daily VMS catch reports when fishing in the U.S./Canada
Management Area and CA II SAPs, OMB 0648-0212, (15 min/
response);
30. Daily VMS catch reports when fishing in the CA I Hook Gear
Haddock SAP, OMB 0648-0212, (15 min/response);
31. Daily VMS catch reports when fishing in the Regular B DAS
Program, OMB 0648-0212, (15 min/response); and
32. Copy of the dealer weigh-out slip or dealer signature of the
dockside monitor report, OMB 0648-0212 (2 min/response).
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to (enter
office name) at the ADDRESSES above and by e-mail to [email protected] or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 10, 2009.
Samuel D. Rauch, III,
Deputy Assistant Administrator, for Regulatory Programs, National
Marine Fisheries Service.
For the reasons stated 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:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, revise the definitions for ``NE multispecies or
multispecies,'' ``Regulated species,'' and ``Sector,'' and add new
definitions for ``Annual catch entitlement (ACE),'' ``At-sea monitor,''
``Common pool trip,'' ``Common pool vessel,'' ``Dockside/roving
monitor,'' ``Electronic monitoring,'' ``Observer/sea sampler,''
``Potential Sector contribution (PSC),'' ``Sector trip,'' and ``Sector
vessel'' in alphabetical order to read as follows:
Sec. 648.2 Definitions.
* * * * *
Annual catch entitlement (ACE), with respect to the NE multispecies
fishery, means the share of the annual catch limit (ACL) for each NE
multispecies stock that is allocated to an individual Sector based upon
the cumulative fishing history attached to each permit participating in
that Sector in a given year. This share may be adjusted due to
penalties for exceeding the Sector's ACE for a particular stock in
earlier years, or due to other violations of the FMP, including the
yearly Sector operations plan. When a Sector's share of a NE
multispecies stock, as determined by the fishing histories of vessels
participating in that Sector, is multiplied by the available catch, the
result is the amount of ACE (live weight in pounds) that can be
harvested (landings and discards) by participants in that Sector during
a particular fishing year.
At-sea monitor, with respect to the NE multispecies fishery, means
any person responsible for observing, verifying, and reporting area
fished, catch, and discards of all species by gear type for Sector
trips as part of an approved Sector at-sea monitoring program.
* * * * *
Common pool trip, with respect to the NE multispecies fishery,
means any trip taken by a common pool vessel under a NE multispecies
DAS or under the provisions of a limited access NE multispecies Small
Vessel or Handgear A permit, or an open access Handgear B permit that
lands regulated species or ocean pout.
Common pool vessel, with respect to the NE multispecies fishery,
means any vessel issued a limited access NE multispecies permit or open
access NE multispecies Handgear B permit that is not a member of an
approved Sector for a particular fishing year and that is not operating
under the provisions of an approved Sector operations plan. Such
vessels must use a NE multispecies DAS, or be fishing under the
provisions of a limited access NE multispecies Small Vessel or Handgear
A permit, or an open access Handgear B permit, to land regulated
species or ocean pout, and must comply with effort controls, trip
limits, gear restricted areas, and other provisions specified in this
part. Vessels fishing under the provisions of the common pool are also
referred to as non-Sector vessels.
* * * * *
Dockside/roving monitor, with respect to the NE multispecies
fishery, means any person responsible for observing/verifying the
offloads of all species by common pool or Sector vessels either
directly to a federally permitted dealer or to a truck for later
delivery to a federally permitted dealer, and for certifying the
accuracy of landed
[[Page 69418]]
weights, as reported by federally permitted dealers, pursuant to this
part.
* * * * *
Electronic monitoring, with respect to the NE multispecies fishery,
means any equipment that is used to monitor area fished and the amount
and identity of species kept and discarded in lieu of at-sea monitors
as part of an approved Sector at-sea monitoring program.
* * * * *
Northeast (NE) multispecies or multispecies means the following
species:
American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Atlantic halibut--Hippoglossus hippoglossus.
Atlantic wolffish--Anarhichas lupus.
Haddock--Melanogrammus aeglefinus.
Ocean pout--Macrozoarces americanus.
Offshore hake--Merluccius albidus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferruginea.
* * * * *
Observer/sea sampler means any person certified/approved by NMFS to
collect operational fishing data, biological data, or economic data
through direct observation and interaction with operators of commercial
fishing vessels as part of NMFS' Northeast Fisheries Observer Program
and Northeast At-sea Monitoring Program. Observer/sea samplers are also
referred to as fisheries observers, fisheries observers/sea samplers,
and NMFS-certified fisheries observers/sea samplers.
* * * * *
Potential Sector contribution (PSC), with respect to the NE
multispecies fishery, means an individual vessel's share of the ACL for
each stock of regulated species or ocean pout that is derived from the
fishing history associated with the permit issued to that particular
vessel for the purposes of participating in a Sector and contributing
to that Sector's ACE for each stock allocated to Sectors under the NE
Multispecies FMP.
* * * * *
Regulated species, means the subset of NE multispecies that
includes Atlantic cod, witch flounder, American plaice, yellowtail
flounder, haddock, pollock, winter flounder, windowpane flounder,
redfish, white hake, Atlantic halibut, and Atlantic wolffish. Regulated
species is also referred to as regulated NE multispecies.
* * * * *
Sector, with respect to the NE multispecies fishery, means a group
of persons holding limited access NE multispecies permits who have
voluntarily entered into a contract and agree to certain fishing
restrictions for a specified period of time, and that have been
allocated a portion of the TACs of species managed under the NE
Multispecies FMP to achieve objectives consistent with the applicable
goals and objectives of the FMP. Each Sector must meet the Sector
eligibility and minimum size requirements specified in Sec.
648.87(a)(3) and (4) to be approved by NMFS.
Sector trip, with respect to the NE multispecies fishery, means any
trip taken by a Sector vessel subject to the restrictions and
conditions of an approved Sector operations plan, as specified in Sec.
648.87(c), in which the vessel declared its intent to fish in the NE
multispecies fishery pursuant to Sec. 648.10.
Sector vessel, with respect to the NE multispecies fishery, means
any vessel assigned a permit that is a member of an approved Sector for
a particular fishing year and that is subject to the restrictions and
conditions of an approved Sector operations plan, as specified in Sec.
648.87.
* * * * *
3. In Sec. 648.4, remove paragraph (a)(1)(i)(I)(3) and revise
paragraphs (a)(1)(i)(E) and (c)(2)(iii)(A) to read as follows:
Sec. Vessel permits.
(a) * * *
(1) * * *
(i) * * *
(E) Replacement vessels. An owner of a vessel that has been issued
any limited access or moratorium permit under this section is limited
to one vessel replacement permit year, using the earliest permit year
start date of the limited access or moratorium permits for which the
vessel is eligible, unless the vessel has been rendered inoperable and
non-repairable. With the exception of vessels that have obtained a
limited access Handgear A permit described in Sec. 648.82(b)(6), to be
eligible for a limited access or moratorium permit under this section,
the replacement vessel must meet the following criteria and any other
applicable criteria under paragraph (a)(1)(i)(F) of this section:
(1) The replacement vessel's horsepower may not exceed by more than
20 percent the horsepower of the vessel's baseline specifications, as
applicable.
(2) The replacement vessel's length, GRT, and NT may not exceed by
more than 10 percent the length, GRT, and NT of the vessel's baseline
specifications, as applicable.
* * * * *
(c) * * *
(2) * * *
(iii) * * *
(A) For vessels fishing for NE multispecies with gillnet gear, with
the exception of vessels fishing under the Small Vessel permit
category, an annual declaration as either a Day or Trip gillnet vessel
designation as described in Sec. 648.82(j). A vessel owner electing a
Day gillnet designation must indicate the number of gillnet tags that
he/she is requesting, and must include a check for the cost of the
tags, unless the vessel already possesses valid gillnet tags, as
identified by the Regional Administrator. A permit holder letter will
be sent to the owner of each eligible gillnet vessel, informing him/her
of the costs associated with this tagging requirement and providing
directions for obtaining valid tags. Once a vessel owner has elected
this designation, he/she may not change the designation or fish under
the other gillnet category for the remainder of the fishing year.
Incomplete applications, as described in paragraph (e) of this section,
will be considered incomplete only for the purposes of obtaining
authorization to fish in the NE multispecies gillnet fishery and
otherwise will be processed or issued without a gillnet authorization.
* * * * *
4. In Sec. 648.7, revise paragraphs (b)(1)(i), (e), and (f)(2)(i);
and add paragraphs (a)(4), (h), and (i) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(a) * * *
(4) Facilitation of a dockside/roving monitor report. Any federally
permitted dealer, or any individual acting in the capacity of a dealer,
that purchases or receives fish from a vessel operating under the
provisions of an approved Sector operations plan, as specified in Sec.
648.87(c), or from a common pool vessel starting in fishing year 2012
must provide a copy of any weigh-out documents or dealer receipts for
that particular offloading event to the
[[Page 69419]]
dockside/roving monitor and vessel and allow the dockside/roving
monitor to sign a copy of the official weigh-out document or dealer
receipt retained by the dealer, or sign a dockside monitoring report
provided by a dockside/roving monitor that verifies the amount of each
species offloaded, as instructed by the Regional Administrator.
(b) * * *
(1) * * *
(i) The owner or operator of any vessel issued a valid permit or
eligible to renew a limited access permit under this part must maintain
on board the vessel, and submit, an accurate fishing log report for
each fishing trip, regardless of species fished for or taken, on forms
supplied by or approved by the Regional Administrator. As stated in
paragraph (f)(2)(i) of this section, if no fishing trip is made during
a week or month, a report stating so must be submitted for each week or
month, as applicable, based upon whether any fishing activity occurred
during a particular reporting week or month (i.e., starting a trip,
landing, or offloading catch will constitute fishing during a reporting
week or month). If authorized in writing by the Regional Administrator,
a vessel owner or operator may submit reports electronically, for
example by using a VMS or other media. With the exception of those
vessel owners or operators fishing under a surfclam or ocean quahog
permit, at least the following information and any other information
required by the Regional Administrator must be provided: Vessel name;
USCG documentation number (or state registration number, if
undocumented); permit number; date/time sailed; date/time landed; trip
type; number of crew; number of anglers (if a charter or party boat);
gear fished; quantity and size of gear; mesh/ring size; chart area
fished; average depth; latitude/longitude (or loran station and
bearings); total hauls per area fished; average tow time duration; hail
weight, in pounds (or count of individual fish, if a party or charter
vessel), by species, of all species, or parts of species, such as
monkfish livers, landed or discarded; and, in the case of skate
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total
length) or ``large'' (i.e., 23 inches (58.42 cm) or greater, total
length) skates; dealer permit number; dealer name; date sold, port and
state landed; and vessel operator's name, signature, and operator's
permit number (if applicable).
* * * * *
(e) Record retention--(1) Dealer records. Any record, as defined in
Sec. 648.2, related to fish possessed, received, or purchased by a
dealer that is required to be reported, must be retained and made
available for immediate review for a total of 3 years after the date
the fish were first possessed, received, or purchased. Dealers must
retain the required records and reports at their principal place of
business.
(2) VTRs. Copies of fishing log reports must be kept on board the
vessel and available for review for at least 1 year, and must be
retained for a total of 3 years after the date the fish were last
possessed, landed, and sold.
(3) Dockside/roving and at-sea monitor reports. Any record, as
defined in Sec. 648.2, related to fish offloaded and observed by a
dockside/roving or at-sea monitor, including any reports provided to
NMFS, Sector managers, or another third-party service provider
specified in paragraph (h) of this section, must be retained and made
available for immediate review for a total of 3 years after the date
the fish were first offloaded. Dockside/roving and at-sea monitor
providers must retain the required records and reports at their
principal place of business.
(f) * * *
(2) * * *
(i) For any vessel not issued a NE multispecies permit, fishing
vessel log reports, required by paragraph (b)(1)(i) of this section,
must be postmarked or received by NMFS within 15 days after the end of
the reporting month. If no fishing trip is made during a particular
month for such a vessel, a report stating so must be submitted, as
instructed by the Regional Administrator. For any vessel issued a NE
multispecies permit, fishing vessel log reports must be postmarked or
received by midnight of the first Tuesday following the end of the
reporting week. If no fishing trip is made during a reporting week for
such a vessel, a report stating so must be submitted and received by
NMFS by midnight of the first Tuesday following the end of the
reporting week, as instructed by the Regional Administrator. For the
purposes of this paragraph (f)(2)(i), the date when fish are offloaded
will establish the reporting week or month that the VTR must be
submitted to NMFS, as appropriate. Any fishing activity during a
particular reporting week (i.e., starting a trip, landing, or
offloading catch) will constitute fishing during that reporting week
and will eliminate the need to submit a negative fishing report to NMFS
for that reporting week. For example, if a vessel issued a NE
multispecies permit begins a fishing trip on Wednesday, but returns to
port and offloads its catch on the following Thursday (i.e., after a
trip lasting 8 days), the VTR for the fishing trip would need to be
submitted by midnight Tuesday of the third week, but a negative report
(i.e., a ``did not fish'' report) would not be required for either
week.
* * * * *
(h) Dockside/roving monitor reports. Any dockside/roving monitor
assigned to observe the offload of a vessel on a Sector trip must
record the amounts of all species offloaded and report such amounts to
that particular vessel's Sector manager and a third-party service
provider, if specified in the operations plan or the private contract
between the dockside/roving monitor service provider and an individual
Sector. Such reports must be made available to dealers for signature,
as instructed by the Regional Administrator.
(i) At-sea monitor/electronic monitoring reports. Any at-sea
monitor assigned to observe a Sector trip and any third-party service
provider analyzing data from electronic monitoring equipment deployed
on a Sector trip must submit reports on catch, discard, and other data
elements specified by the Regional Administrator to NMFS, the Sector
manager, and monitoring contractor, as instructed by the Regional
Administrator.
5. In Sec. 648.10, revise paragraphs (b)(4) and (e)(1)(v), and add
paragraph (k) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(b) * * *
(4) A vessel issued a limited access NE multispecies permit that
fishes or intends to fish under a NE multispecies Category A or B DAS,
or catches regulated species or ocean pout while on a Sector trip; or a
vessel issued a limited access NE multispecies small vessel category or
Handgear A permit that fishes in multiple stock areas pursuant to
paragraph (k)(2) of this section;
* * * * *
(e) * * *
(1) * * *
(v) The owner of a vessel issued a limited access NE multispecies
permit that fishes or intends to fish under a NE multispecies Category
A or B DAS, or that catches regulated species or ocean pout while on a
Sector trip, as specified in paragraph (b)(4) of this section, must
provide documentation to the Regional Administrator that the vessel has
an operational VMS unit installed on board, meeting all requirements of
this part, prior to fishing under a NE
[[Page 69420]]
multispecies DAS or under the provisions of an approved Sector
operations plan.
* * * * *
(k) Area-specific reporting requirements for NE multispecies
vessels.--(1) Reporting requirements for all limited access NE
multispecies vessel owners or operators. In addition to any other
reporting requirements specified in this part, the owner or operator of
any vessel issued a limited access NE multispecies permit on either a
common poor or Sector trip must declare its intent to fish within one
or more of the NE multispecies broad stock areas, as defined in
paragraph (k)(3) of this section, and provide the VTR serial number for
the first page of the VTR for that particular trip via VMS prior to
leaving port at the start of a fishing trip, as instructed by the
Regional Administrator.
(2) Reporting requirements for NE multispecies vessel owners or
operators fishing in more than one broad stock area per trip. Unless
otherwise provided in this paragraph (k)(2), the owner or operator of
any vessel issued a NE multispecies limited access permit that has
declared its intent to fish within multiple NE multispecies broad stock
areas, as defined in paragraph (k)(3) of this section, on the same trip
must submit a trip-level hail report via VMS detailing the amount of
each regulated species retained (in pounds, landed weight) within each
broad stock area prior to crossing the VMS demarcation line, as defined
in Sec. 648.10, upon its return to port following each fishing trip on
which regulated species were caught, as instructed by the Regional
Administrator. This reporting requirement is in addition to the
reporting requirements specified in paragraph (k)(1) of this section
and any other reporting requirements specified in this part. A vessel
is exempt from the reporting requirements specified in this paragraph
(k)(2) if it is fishing in a special management program, as specified
in Sec. 648.85, and is required to submit daily VMS catch reports
consistent with the requirements of that program. The Regional
Administrator may adjust the reporting frequency specified in this
paragraph and may exempt vessels on a Sector trip from the reporting
requirements specified in this paragraph (k)(2) if it is determined
that such reporting requirements would duplicate those specified in
Sec. 648.87(b).
(3) NE multispecies broad stock areas. For the purposes of the
area-specific reporting requirements listed in paragraphs (k)(1) and
(2) of this section, the NE multispecies broad stock areas are defined
in paragraphs (k)(3)(i) through (iv) of this section. Copies of a map
depicting these areas are available from the Regional Administrator
upon request.
(i) GOM Stock Area 1. The GOM Stock Area 1 is defined by straight
lines connecting the following points in the order stated:
GOM Stock Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
G1.............................. (\1\) (\1\)
G2.............................. 43[deg]58' 67[deg]22'
G3.............................. 42[deg]53.1' 67[deg]44.4'
G4.............................. 42[deg]31' 67[deg]28.1'
CII3............................ 42[deg]22' 67[deg]20'
G6.............................. 42[deg]20' 67[deg]20'
G10............................. 42[deg]20' 70[deg]00'
G9.............................. 42[deg]00' (\2\)
------------------------------------------------------------------------
\1\ Intersection of the shoreline and the U.S.-Canada maritime boundary.
\2\ Intersection of the Cape Cod, MA, coastline and 42[deg] 00' N. lat.
(ii) Inshore GB Stock Area 2. The Inshore GB Stock Area 2 is
defined by straight lines connecting the following points in the order
stated:
Inshore GB Stock Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
G9.............................. 42[deg]00' (\1\)
G10............................. 42[deg]20' 70[deg]00'
IGB1............................ 42[deg]20' 68[deg]50'
IGB2............................ 41[deg]00' 68[deg]50'
IGB3............................ 41[deg]00' 69[deg]30'
IGB4............................ 41[deg]10' 69[deg]30'
IGB5............................ 41[deg]10' 69[deg]50'
IGB6............................ 41[deg]20' 69[deg]50'
IGB7............................ 41[deg]20' 70[deg]00'
G12............................. (\2\) 70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 42[deg] 00' N.
lat.
\2\ South-facing shoreline of Cape Cod, MA.
(iii) Offshore GB Stock Area 3. The Offshore GB Stock Area 3 is
defined by straight lines connecting the following points in the order
stated:
Offshore GB Stock Area 3
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
IGB1............................ 42[deg]20' 68[deg]50'
42[deg]20' 67[deg]20'
CII3............................ 42[deg]22' 67[deg]20'
SNE1............................ 40[deg]27' 65[deg]43'
SNE2............................ 39[deg]00' (\1\)
SNE3............................ 39[deg]00' 69[deg]00'
SNE4............................ 39[deg]50' 69[deg]00'
SNE5............................ 39[deg]50' 68[deg]50'
IGB1............................ 42[deg]20' 68[deg]50'
------------------------------------------------------------------------
\1\ The U.S.-Canada maritime boundary as it intersects with the EEZ.
(iv) SNE/MA Stock Area 4. The SNE/MA Stock Area 4 is the area
bounded on the north and west by the coastline of the United States,
bounded on the south by a line running from the east-facing coastline
of North Carolina at 35[deg] N. lat. until its intersection with the
EEZ, and bounded on the east by straight lines connecting the following
points in the order stated:
SNE/MA Stock Area 4
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
G12............................. (\1\) 70[deg]00'
IGB7............................ 41[deg]20' 70[deg]00'
IGB6............................ 41[deg]20' 69[deg]50'
IGB5............................ 41[deg]10' 69[deg]50'
IGB4............................ 41[deg]10' 69[deg]30'
IGB3............................ 41[deg]00' 69[deg]30'
IGB2............................ 41[deg]00' 68[deg]50'
SNE4............................ 39[deg]50' 68[deg]50'
SNE3............................ 39[deg]50' 69[deg]00'
SNE2............................ (\2\) 69[deg]00'
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ The U.S.-Canada maritime boundary as it intersects with the EEZ.
6. In Sec. 648.11, add paragraphs (j) and (k) to read as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
* * * * *
(j) In the event that a vessel is requested by the Regional
Administrator to carry a NMFS-certified fisheries observer pursuant to
paragraph (a) of this section and is also selected to carry an at-sea
monitor as part of an approved Sector at-sea monitoring program
specified in Sec. 648.87(b)(1)(v) for the same trip, only the NMFS-
certified fisheries observer is required to go on that particular trip.
(k) NE multispecies observer coverage--(1) Pre-trip notification.
Unless otherwise specified in this paragraph (k), or notified by the
Regional Administrator, the owner, operator, or manager of a vessel
(i.e., vessel manager or Sector manager) issued a limited access NE
multispecies permit that is fishing under a NE multispecies DAS or on a
Sector trip, as defined in this part, must provide advanced notice to
NMFS of the vessel name, permit number, and Sector to which the vessel
belongs, if applicable; contact name and telephone number for
coordination of observer deployment; date, time, and port of departure;
area to be fished; and gear type to be used at least 48 hr prior to
departing port on any trip declared into the NE multispecies fishery
pursuant to Sec. 648.10 or Sec. 648.85, as instructed by the Regional
Administrator, for the purposes of selecting vessels for
[[Page 69421]]
observer deployment. For trips lasting 48 hr or less in duration from
the time the vessel leaves port to begin a fishing trip until the time
the vessel returns to port upon the completion of the fishing trip, the
vessel owner, operator, or manager may make a weekly notification
rather than trip-by-trip calls. For weekly notifications, a vessel must
notify NMFS by 0001 hr of the Friday preceding the week (Sunday through
Saturday) that they intend to complete at least one NE multispecies DAS
or Sector trip during the following week and provide the date, time,
port of departure, area to be fished, and gear type to be used for each
trip during that week. Trip notification calls must be made no more
than 10 days in advance of each fishing trip. The vessel owner,
operator, or manager must notify NMFS of any trip plan changes at least
24 hr prior to vessel departure from port. A vessel may not begin the
trip without being issued an observer notification or a waiver by NMFS.
(2) Vessel selection for observer coverage. NMFS shall notify the
vessel owner, operator, or manager whether the vessel must carry an
observer, or if a waiver has been granted, for the specified trip
within 24 hr of the vessel owner's, operator's or manager's
notification of the prospective trip, as specified in paragraph (k)(1)
of this section. All trip notifications shall be issued a unique
confirmation number. A vessel may not fish in an area with an observer
waiver confirmation number that does not match the trip plan that was
called in to NMFS. Confirmation numbers for trip notification calls are
valid for 48 hr from the intended sail date. If a trip is interrupted
and returns to port due to bad weather or other circumstance beyond the
operator's control, and goes back out within 48 hr, the same
confirmation number and observer status remains. If the layover time is
greater than 48 hr, a new trip notification must be made by the
operator, owner, or manager of the vessel.
7. In Sec. 648.14,
a. Revise the introductory text to paragraph (k)(12)(iii);
b. Revise paragraphs (e)(1), (k)(3)(i), (k)(5)(vi)(B),
(k)(6)(ii)(A)(1), (k)(7)(i)(B), (k)(9)(iv)(B), (k)(11)(i)(A)(2),
(k)(11)(ii), (k)(11)(iii)(D), (k)(11)(iv)(A), (k)(11)(v)(A),
(k)(11)(vi), (k)(12)(iii)(A) through (E), (k)(12)(vi)(D),
(k)(12)(vi)(G), (k)(12)(vi)(I), (k)(12)(vii)(A)(1) and (2),
(k)(12)(viii), (k)(13)(i)(A), (k)(13)(ii)(A) through (C), and (k)(14);
c. Remove and reserve paragraph (k)(9)(i), (k)(9)(ii)(G) and (I),
(k)(11)(v)(B)(1), (k)(12)(iv), and (k)(13)(ii)(D)(3); and
d. Add paragraphs (d)(3), (k)(2)(iii), (k)(7)(i)(C)(4),
(k)(9)(ii)(M), (k)(9)(iii)(E) and (F), (k)(12)(iii)(F), (k)(12)(ix),
(k)(13)(ii)(I) and (J), (k)(16)(vi) through (viii), (k)(18), and
(k)(19) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(d) * * *
(3) Fail to comply with the appropriate VMS reporting requirements,
as specified in Sec. 648.10.
* * * * *
(e) * * *
(1) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, or coercion any
NMFS-approved observer or sea sampler conducting his or her duties; any
authorized officer conducting any search, inspection, investigation, or
seizure in connection with enforcement of this part; any official
designee of the Regional Administrator conducting his or her duties,
including those duties authorized in Sec. 648.7(g); or any dockside/
roving monitor conducting his or her duties, including those duties
authorized in Sec. 648.82(n)(2) or Sec. 648.87(b)(1)(v)(B)(1).
* * * * *
(k) * * *
(2) * * *
(iii) Fail to comply with the pre-trip notification requirements of
the NE multispecies observer program specified in Sec. 648.11(k).
(3) * * *
(i) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, regulated species or ocean pout in excess of the
possession limits specified in Sec. 648.82, Sec. 648.85, Sec.
648.86, or Sec. 648.87 applicable to a vessel issued a NE multispecies
permit, unless otherwise specified in Sec. 648.17, or unless the
regulated species or ocean pout are purchased or received from a vessel
that caught them on a Sector trip and such species are exempt from such
possession limits in accordance with an approved Sector operations
plan, as specified in Sec. 648.87(c).
* * * * *
(5) * * *
(vi) * * *
(B) Possess, land, or fish for regulated species or ocean pout,
except winter flounder as provided for in accordance with Sec.
648.80(i) from or within the areas described in Sec. 648.80(i), while
in possession of scallop dredge gear on a vessel not fishing under the
scallop DAS program as described in Sec. 648.53, or fishing under a
LAGC permit, unless the vessel and the dredge gear conform with the
stowage requirements of Sec. 648.23(b), or unless the vessel has not
been issued a Federal NE multispecies permit and fishes for, possesses,
or lands NE multispecies exclusively in state waters.
* * * * *
(6) * * *
(ii) * * *
(A) * * *
(1) If the vessel has been issued a limited access NE multispecies
permit and fishes under a NE multispecies DAS or on a Sector trip with
gillnet gear, fail to comply with gillnet tagging requirements
specified in Sec. Sec. 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C),
(a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to
produce immediately, or cause to be produced immediately, gillnet tags
when requested by an authorized officer.
* * * * *
(7) * * *
(i) * * *
(B) Fish for, harvest, possess, or land regulated species in or
from the closed areas specified in Sec. 648.81(a) through (f), unless
otherwise specified in Sec. 648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii),
(f)(2)(vi), or as authorized under Sec. 648.85.
(C) * * *
(4) Fail to comply with the restrictions on fishing and gear
specified in Sec. 648.81(n) for the NE multispecies restricted gear
areas.
* * * * *
(9) * * *
(ii) * * *
(M) Lease NE multispecies DAS to or from a common pool vessel if
either the Lessor or the Lessee vessel is a Sector vessel.
(iii) * * *
(E) Transfer NE multispecies DAS to or from a common pool vessel if
either the Transferor or the Transferee vessel is a Sector vessel.
(F) Transfer NE multispecies DAS to or from a Sector vessel if
either the Transferor or the Transferee vessel is enrolled in a
different Sector for that particular fishing year.
(iv) * * *
(B) For any common pool or Sector vessel, fail to comply with the
gillnet requirements and restrictions specified in Sec. 648.82(j),
unless otherwise exempted pursuant to Sec. 648.87.
* * * * *
(11) * * *
(i) * * *
(A) * * *
(2) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec.
648.85(a)(1), exceed the trip limits specified in Sec.
648.85(a)(3)(iv), unless
[[Page 69422]]
further restricted under Sec. 648.85(b) or exempted under Sec.
648.87.
* * * * *
(ii) Gear requirements for all persons. If fishing with trawl gear
under a NE multispecies DAS or on a Sector trip in the Eastern U.S./
Canada Area defined in Sec. 648.85(a)(1)(ii), fail to fish with a
haddock separator trawl, flounder trawl net, or Ruhle trawl, as
specified in Sec. 648.85(a)(3)(iii) and (b)(6)(iv)(J)(1), unless using
other gear authorized under Sec. 648.85(b)(6) or (8).
(iii) * * *
(D) If fishing under a NE multispecies DAS or on a Sector trip in
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), but
not in a SAP specified in Sec. 648.85(b) on the same trip, fail to
comply with the requirements specified in Sec. 648.85(a)(3).
* * * * *
(iv) * * *
(A) If fishing under a NE multispecies DAS or on a Sector trip in
the Western U.S./Canada Area or Eastern U.S./Canada Area specified in
Sec. 648.85(a)(1), fail to report landings in accordance with Sec.
648.85(a)(3)(v).
* * * * *
(v) * * *
(A) All persons. If fishing under a NE multispecies DAS in the
Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), and in
one of the SAPs specified in Sec. 648.85(b)(3) or (8) on the same
trip, fail to comply with the no discard and DAS flip provisions
specified in Sec. 648.85(b)(3)(xi) and (b)(8)(v)(I), or the minimum
Category A DAS requirement specified in Sec. 648.85(b)(3)(xii) and
(b)(8)(v)(J).
* * * * *
(vi) Closure of the U.S./Canada Area for all persons. If fishing
under a NE multispecies DAS or on a Sector trip, declare into, enter,
or fish in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)
if the area is closed under the authority of the Regional Administrator
as described in Sec. 648.85(a)(3)(iv)(D) or (E), unless fishing in the
Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec.
648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified
in Sec. 648.85(b)(8).
(12) * * *
(iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions
for all persons. (A) If fishing under the Closed Area II Yellowtail
Flounder/Haddock SAP, fish for, harvest, possess, or land any regulated
NE multispecies or ocean pout from the area specified in Sec.
648.85(b)(3)(ii), unless in compliance with Sec. 648.85(b)(3)(i)
through (xiii).
(B) Enter or fish in Closed Area II as specified in Sec.
648.81(b), unless declared into the area in accordance with Sec.
648.85(b)(3)(v) or Sec. 648.85(b)(8)(v)(D).
(C) Enter or fish in Closed Area II under the Closed Area II
Yellowtail Flounder/Haddock SAP outside of the season specified in
Sec. 648.85(b)(3)(iii).
(D) If fishing in the Closed Area II Yellowtail Flounder/Haddock
SAP specified in Sec. 648.85(b)(3), exceed the number of trips
specified in Sec. 648.85(b)(3)(vi) or (vii).
(E) If fishing in the Closed Area II Yellowtail Flounder/Haddock
SAP specified in Sec. 648.85(b)(3), exceed the trip limits specified
in Sec. 648.85(b)(3)(viii).
(F) If fishing in the Closed Area II Yellowtail Flounder/Haddock
SAP specified in Sec. 648.85(b)(3), fail to comply with the gear
requirements specified in Sec. 648.85(b)(3)(x).
* * * * *
(vi) * * *
(D) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable DAS use
restrictions specified in Sec. 648.85(b)(7)(iv)(A) and (b)(7)(vi)(A).
* * * * *
(G) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable gear
restrictions specified in Sec. 648.85(b)(7)(iv)(E), and (b)(7)(v)(A)
or (b)(7)(vi)(B).
* * * * *
(I) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable reporting
requirement specified in Sec. 648.85(b)(7)(v)(C) or (b)(7)(vi)(D).
(vii) * * *
(A) * * *
(1) If fishing under a NE multispecies DAS or on a Sector trip in
the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), in
the area specified in Sec. 648.85(b)(8)(ii), and during the season
specified in Sec. 648.85(b)(8)(iv), fail to comply with Sec.
648.85(b)(8)(v).
(2) VMS and declaration requirements. (i) If fishing under a NE
multispecies DAS or on a Sector trip in the Eastern U.S./Canada Haddock
SAP in the area specified in Sec. 648.85(b)(8)(ii), fail to comply
with the VMS requirements in Sec. 648.85(b)(8)(v)(B).
(ii) If fishing under a NE multispecies DAS or on a Sector trip,
fish in the Eastern U.S./Canada Haddock SAP specified in Sec.
648.85(b)(8), unless declared into the program in accordance with Sec.
648.85(b)(8)(v)(D).
* * * * *
(viii) Discard legal-sized NE regulated multispecies or ocean pout
while fishing under a Special Access Program, as described in Sec.
648.85(b)(3)(xi), (b)(6)(iv)(E), (b)(7)(iv)(H), or (b)(8)(v)(I), unless
otherwise required pursuant to possession prohibitions specified in
Sec. 648.86 or Sec. 648.87.
(ix) GOM Haddock Sink Gillnet Pilot Program. (A) Fail to comply
with the mesh size, net restriction, DAS use restriction, or
notification requirements specified in Sec. 648.85(b)(9), unless
otherwise exempted pursuant to Sec. 648.87.
(B) Fail to possess on board a letter of authorization issued by
the Regional Administrator when participating in the GOM Haddock Sink
Gillnet Pilot Program, as required by Sec. 648.85(b)(9)(v)(C).
(C) Fish for, harvest, possess, or land regulated species or ocean
pout while operating under the GOM Haddock Sink Gillnet Pilot Program
pursuant to Sec. 648.85(b)(9) after the program has been closed
pursuant to Sec. 648.85(b)(9)(viii).
(13) * * *
(i) * * *
(A) Under Sec. 648.85 or Sec. 648.86, fail to offload a
sufficient amount of regulated species or ocean pout subject to a daily
possession limit at the end of a fishing trip, as required by Sec.
648.86(i).
(ii) * * *
(A) Land, or possess on board a vessel, more than the possession or
landing limits specified in Sec. 648.86(a), (b), (c), (d), (e), (g),
(h), (j), (k), and (l); or violate any of the other provisions of Sec.
648.86, unless otherwise specified in Sec. 648.17.
(B) Possess or land per trip more than the possession or landing
limits specified in Sec. 648.86(a), (b), (c), (e), (g), (h), (j), and
(l); Sec. 648.81(n), Sec. 648.82(b)(5) and (6), Sec. 648.85, or
Sec. 648.88 if the vessel has been issued a limited access NE
multispecies permit or open access NE multispecies permit, as
applicable.
(C) Fish for, possess at any time during a trip, or land regulated
NE multispecies or ocean pout specified in Sec. 648.86 after using up
the vessel's annual DAS allocation or when not participating in the DAS
program pursuant to Sec. 648.82, unless otherwise exempted by Sec.
648.82(b)(5), Sec. 648.87, or Sec. 648.89, or allowed pursuant to
Sec. 648.85(b)(6) or Sec. 648.88.
* * * * *
(I) For common pool vessels, including vessels issued a limited
access monkfish permit and fishing under the monkfish Category C or D
permit provisions, land regulated species or ocean pout more than once
within any 24-hr period.
[[Page 69423]]
(J) For common pool vessels, including vessels issued a limited
access monkfish permit and fishing under the monkfish Category C or D
permit provisions, fail to comply with the most restrictive trip limits
applicable when fishing in multiple areas, as specified in Sec. 648.85
or Sec. 648.86.
(14) Sector requirements. It is unlawful for any person, including
any owner or operator of a vessel issued a valid Federal NE
multispecies permit and fishing on a Sector trip to do any of the
following:
(i) Fail to abide by the restrictions specified in Sec.
648.87(b)(1).
(ii) Catch regulated species or ocean pout in excess of ACE
allocated or transferred to that Sector pursuant to Sec.
648.87(b)(1)(i) and (viii), respectively.
(iii) Fish in a particular stock area, the Eastern U.S./Canada
Area, or a SAP if the Sector has not been allocated, does not acquire,
or otherwise has insufficient ACE remaining/available for all stocks
caught in that area, or fail to operate in a manner that would not
catch stocks for which the Sector has not been allocated ACE, as
described in an approved Sector operations plan pursuant to Sec.
648.87(b)(2)(xiv), as prohibited in Sec. 648.87(b)(1)(ii);
(iv) Violate the provisions of an approved Sector operations plan
or letter of authorization issued by the Regional Administrator, as
required by Sec. 648.87(b)(1)(iv) and (b)(2).
(v) Fail to remain in the Sector for the remainder of the fishing
year, as required by Sec. 648.87(b)(1).
(vi) Unless otherwise required to use a NE multispecies DAS to
participate in another fishery, fish in the NE multispecies DAS program
in a given fishing year or, for common pool vessels, fish in an
approved Sector in a given fishing year.
(vii) If a vessel is removed from a Sector for violating the Sector
rules, fish under the NE multispecies regulations for common pool
vessels.
(viii) Discard legal-sized regulated species or ocean pout
allocated to Sectors pursuant to Sec. 648.87(b)(1)(i), as prohibited
by Sec. 648.87(b)(1)(v).
(ix) Fail to comply with the reporting requirements specified in
Sec. 648.87(b)(1)(v) or (vi).
(x) Offload fish before a dockside/roving monitor arrives, if
selected to have its offloading events observed by a dockside/roving
monitor, as prohibited by Sec. 648.87(b)(5)(i)(C).
(xi) Leave port to begin a trip before an at-sea monitor has
arrived and boarded the vessel or before electronic monitoring
equipment has been properly installed if assigned to carry either an
at-sea monitor or electronic monitoring equipment for that trip, as
prohibited by Sec. 648.87(b)(6)(iii)(A).
(xii) Leave port to begin a trip if a vessel has failed a review of
safety issues by an at-sea monitor and has not successfully resolved
any identified safety deficiencies, as prohibited by Sec.
648.87(b)(6)(iv)(A).
* * * * *
(16) * * *
(vi) Size limits. If fishing under the recreational or charter/
party regulations, possess regulated species or ocean pout that are
smaller than the minimum fish sizes specified in Sec. 648.89(b)(1) and
(b)(3).
(vii) Identification. If fishing under the recreational or charter/
party regulations, possess regulated species or ocean pout without at
least 2 square inches (5.1 square cm) of contiguous skin that allows
for the ready identification of the species of fish upon landing.
(viii) Atlantic wolffish. If fishing under the recreational or
charter/party regulations, possess Atlantic wolffish.
* * * * *
(18) Trimester TAC AM--(i) Vessel and operator permit holders. (A)
Fish for, harvest, possess, or land regulated species or ocean pout in
or from the closed areas specified in Sec. 648.82(n)(2)(ii) once such
areas are closed pursuant to Sec. 648.82(n)(2)(i).
(B) Fail to comply with the reporting/recordkeeping requirements
specified in Sec. 648.87(b)(5).
(C) Employ a dockside/roving monitor service provider that is not
approved/certified by NMFS, as specified in Sec. 648.82(n)(2)(iv)(B).
(19) Dockside/roving and at-sea/electronic monitoring service
providers. It is unlawful for any dockside/roving and at-sea/electronic
monitoring service provider, including individual dockside/roving or
at-sea monitors, to do any of the following:
(i) Fail to comply with the operational requirements, including the
recordkeeping and reporting requirements, specified in Sec.
648.87(b)(5) or (6).
(ii) Provide false or inaccurate information regarding area fished;
species identification; or amount of each species kept, discarded, or
landed.
* * * * *
8. In Sec. 648.60, revise the introductory text to paragraph
(a)(5)(ii) and revise paragraph (a)(5)(ii)(C)(2) to read as follows:
Sec. 648.60 Sea scallop area access program requirements.
* * * * *
(a) * * *
(5) * * *
(ii) NE multispecies possession limits and yellowtail flounder TAC.
Subject to the seasonal restriction established under the Sea Scallop
Area Access Program and specified in Sec. 648.59(b)(4), (c)(4), and
(d)(4), and provided the vessel has been issued a NE multispecies
permit as specified in Sec. 648.4(a)(1), after declaring a trip into a
Sea Scallop Access Area and fishing within the Access Areas described
in Sec. 648.59(b) through (d), a vessel owner or operator of a limited
access scallop vessel may fish for, possess, and land, per trip, up to
a maximum of 1,000 lb (453.6 kg) of all NE multispecies combined,
subject to the minimum commercial fish size restrictions specified in
Sec. 648.83(a)(2), and the additional restrictions for Atlantic cod,
haddock, and yellowtail flounder specified in paragraphs (a)(5)(ii)(A)
through (C) of this section.
* * * * *
(C) * * *
(2) SNE/MA yellowtail flounder possession limit. Such vessels
fishing within the Nantucket Lightship Access Area described in Sec.
648.59(d) may fish for, possess, and land yellowtail flounder up to the
overall possession limit of all NE multispecies combined, as specified
in paragraph (a)(5)(ii) of this section, except that such vessels may
not fish for, possess, or land more than the possession limit of
yellowtail flounder as specified in Sec. 648.86(g), provided the
Regional Administrator has not issued a notice that the scallop fishery
portion of the yellowtail flounder TAC as specified in Sec.
648.85(c)(i) has been harvested.
* * * * *
9. In Sec. 648.80, revise the introductory text to paragraphs
(a)(4)(iv), (a)(11), (b)(2)(iv), (b)(11), and (c)(2)(v); and revise
paragraphs (a)(3)(i), (a)(3)(iv)(A)(1), (a)(3)(iv)(B)(1) and (2),
(a)(3)(vi), (a)(4)(i), (a)(4)(iv)(A), (a)(4)(iv)(B)(1), (a)(8)(i),
(a)(11)(i)(B), (b)(2)(i), (b)(2)(iv)(A), (b)(2)(iv)(B)(1), (b)(2)(vi),
(b)(11)(i), (c)(2)(i), (c)(2)(v)(A), (c)(2)(v)(B)(1), and (h)(2) to
read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions
on gear and methods of fishing.
* * * * *
(a) * * *
(3) * * *
(i) Vessels using trawls. Except as provided in paragraphs
(a)(3)(i) and (vi) of this section and Sec. 648.85(b)(6), and unless
otherwise restricted under paragraph (a)(3)(iii) of this section, the
minimum mesh size for any trawl net,
[[Page 69424]]
except a midwater trawl, on a vessel or used by a vessel fishing under
the NE multispecies DAS program or on a Sector trip in the GOM
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-
cm) square mesh, applied throughout the body and extension of the net,
or any combination thereof, and 6.5-inch (16.5-cm) diamond mesh or
square mesh applied to the codend of the net as defined in paragraphs
(a)(3)(i)(A) and (B) of this section, provided the vessel complies with
the requirements of paragraph (a)(3)(vii) of this section. 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 sq m)), or to vessels that have
not been issued a NE multispecies permit and that are fishing
exclusively in state waters.
(iv) * * *
(A) * * *
(1) Mesh size. Except as provided in paragraphs (a)(3)(iv) and (vi)
of this section, and Sec. 648.85(b)(9), and unless otherwise
restricted under paragraph (a)(3)(iii) of this section, for any vessel
that obtains an annual designation as a Trip gillnet vessel, the
minimum mesh size for any sink gillnet when fishing in the NE
multispecies DAS program or on a Sector trip in the GOM Regulated Mesh
Area is 6.5 inches (16.5 cm) 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 sq m)), or to vessels that have
not been issued a NE multispecies permit and that are fishing
exclusively in state waters.
* * * * *
(B) * * *
(1) Mesh size. Except as provided in paragraphs (a)(3)(iv) and (vi)
of this section, and Sec. 648.85(b)(9), and unless otherwise
restricted under paragraph (a)(3)(iii) of this section, for any vessel
that obtain an annual designation as a Day gillnet vessel, the minimum
mesh size for any sink gillnet when fishing under the NE multispecies
DAS program or on a Sector trip in the GOM Regulated Mesh Area is 6.5
inches (16.5 cm) 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 sq m)), or to vessels that have not been issued a NE
multispecies permit and that are fishing exclusively in state waters.
(2) Number of nets. A day gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the GOM Regulated
Mesh Area may not fish with, haul, possess, or deploy more than 50
roundfish sink gillnets or 100 flatfish (tie-down) sink gillnets, each
of which must be tagged pursuant to paragraph (a)(3)(iv)(C) of this
section, except as provided in Sec. 648.92(b)(8)(i). Vessels may fish
any combination of roundfish and flatfish gillnets up to 100 nets, and
may stow additional nets not to exceed 160 nets, counting deployed
nets.
* * * * *
(vi) Other restrictions and exemptions. A vessel is prohibited from
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17)
of this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (a)(5)
through (7), (a)(9) through (14), (d), (e), (h), and (i) of this
section; or if fishing under a NE multispecies DAS; or if fishing on a
Sector trip; or if fishing under the Small Vessel or Handgear A permit
specified in Sec. 648.82(b)(5) and (6), respectively; or if fishing
under a Handgear B permit specified in Sec. 648.88(a); or if fishing
under the scallop state waters exemptions specified in Sec. 648.54 and
paragraph (a)(11) of this section; or if fishing under a scallop DAS in
accordance with paragraph (h) of this section; or if fishing pursuant
to a NE multispecies open access Charter/Party or Handgear permit
specified in Sec. 648.88; or if fishing as a charter/party or private
recreational vessel in compliance with Sec. 648.89. Any gear on a
vessel, or used by a vessel, in this area must be authorized under one
of these exemptions or must be stowed as specified in Sec. 648.23(b).
* * * * *
(4) * * *
(i) Vessels using trawls. Except as provided in paragraph
(a)(3)(vi) of this section, this paragraph (a)(4)(i), Sec.
648.85(b)(6) and (8), and Sec. 648.87(c)(2)(ii), and unless otherwise
restricted under paragraph (a)(4)(iii) of this section, the minimum
mesh size for any trawl net, except a midwater trawl, and the minimum
mesh size for any trawl net when fishing in that portion of the GB
Regulated Mesh Area that lies within the SNE Exemption Area, as
described in paragraph (b)(10) of this section, that is not stowed and
available for immediate use in accordance with Sec. 648.23(b), on a
vessel or used by a vessel fishing under the NE multispecies DAS
program or on a Sector trip in the GB Regulated Mesh Area is 6-inch
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied
throughout the body and extension of the net, or any combination
thereof, and 6.5-inch (16.5-cm) diamond mesh or square mesh applied to
the codend of the net as defined in paragraph (a)(3)(i) of this
section, provided the vessel complies with the requirements of
paragraphs (a)(3)(vii) of this section. 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 sq m)), or to vessels that have not been issued a NE
multispecies permit and that are fishing exclusively in state waters.
* * * * *
(iv) Gillnet vessels. Except as provided in paragraph (a)(3)(vi) of
this section and this paragraph (a)(4)(iv), for Day and Trip gillnet
vessels, the minimum mesh size for any sink gillnet, and the minimum
mesh size for any roundfish or flatfish gillnet when fishing in that
portion of the GB Regulated Mesh Area that lies within the SNE
Exemption Area, as described in paragraph (b)(10) of this section, that
is not stowed and available for immediate use in accordance with Sec.
648.23(b), when fishing under a DAS in the NE multispecies DAS program
or on a Sector trip in the GB Regulated Mesh Area is 6.5 inches (16.5
cm) 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 sq m)), or to vessels that have not been issued a NE multispecies
permit and that are fishing exclusively in state waters.
(A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the GB Regulated
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50
fathoms (91.4 m) in length.
(B) * * *
(1) Number of nets. A Day gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the GB Regulated
Mesh Area may not fish with, haul, possess, or deploy more than 50
nets, except as provided in Sec. 648.92(b)(8)(i).
* * * * *
(8) * * *
(i) Exemption allowing no incidental catch of regulated
multispecies. An exemption may be added in an existing fishery for
which there are sufficient data or information to ascertain the amount
of regulated species bycatch, if the Regional Administrator, after
consultation with the NEFMC, 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, unless otherwise specified in
this paragraph (a)(8)(i) of this section, and that such exemption will
not jeopardize fishing mortality objectives. The 5-percent regulated
species incidental bycatch
[[Page 69425]]
standard could be modified for a stock that is not in an overfished
condition, or if overfishing is not occurring on that stock. When
considering modifications of the standard, it must be shown that the
change will not delay a rebuilding program, or result in overfishing or
an overfished condition. In determining whether exempting a fishery may
jeopardize meeting fishing mortality objectives, the Regional
Administrator may take into consideration various factors including,
but not limited to, juvenile mortality, sacrifices in yield that will
result from that mortality, the ratio of target species to regulated
species, status of stock rebuilding, and recent recruitment of
regulated species. 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. The Regional Administrator may
modify or delete an existing exemption if he/she determines that the
catch of regulated species is equal to or greater than 5 percent, by
weight of total catch, or another pertinent approved amount, or that
continuing the exemption may jeopardize meeting fishing mortality
objectives. Notification of additions, deletions, or modifications will
be made through issuance of a rule in the Federal Register.
* * * * *
(11) GOM Scallop Dredge Exemption Area. Unless otherwise prohibited
in Sec. 648.81, vessels with a limited access scallop permit that have
declared out of the DAS program as specified in Sec. 648.10, or that
have used up their DAS allocations, and vessels issued a General
Category scallop permit, may fish in the GOM Regulated Mesh Area
specified in paragraph (a)(1) of this section, when not under a NE
multispecies DAS, providing the vessel fishes in the GOM Scallop Dredge
Exemption Area and complies with the requirements specified in
paragraph (a)(11)(i) of this section. The GOM Scallop Dredge Fishery
Exemption Area is defined by the straight lines connecting the
following points in the order stated (copies of a map depicting the
area are available from the Regional Administrator upon request):
GOM Scallop Dredge Exemption Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SM1............................. 41[deg]35' 70[deg]00'
SM2............................. 41[deg]35' 69[deg]40'
SM3............................. 42[deg]49.5' 69[deg]40'
SM4............................. 43[deg]12' 69[deg]00'
SM5............................. 43[deg]41' 68[deg]00'
SM6............................. 43[deg]58' 67[deg]22'
SM7............................. (\1\) (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
shoreline.
(i) * * *
(B) A vessel fishing in the GOM Scallop Dredge Fishery Exemption
Area under the exemption specified in this paragraph (a)(11) must fish
with dredge gear. The combined dredge width in use by, or in possession
on board, may not exceed 10.5 ft (3.2 m), measured at the widest point
in the bail of the dredge.
* * * * *
(b) * * *
(2) * * *
(i) Vessels using trawls. Except as provided in paragraphs
(b)(2)(i) and (vi) of this section, and Sec. 648.85(b)(6), and unless
otherwise restricted under paragraph (b)(2)(iii) of this section, the
minimum mesh size for any trawl net, not stowed and not available for
immediate use in accordance with Sec. 648.23(b), except midwater
trawl, on a vessel or used by a vessel fishing under the NE
multispecies DAS program or on a Sector trip in the SNE Regulated Mesh
Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square
mesh, applied throughout the body and extension of the net, or any
combination thereof, and 6.5-inch (16.5-cm) square or diamond mesh
applied to the codend of the net, as defined in paragraph (a)(3)(i) of
this section. 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 sq m)), or to
vessels that have not been issued a NE multispecies permit and that are
fishing exclusively in state waters.
* * * * *
(iv) Gillnet vessels. For Day and Trip gillnet vessels, the minimum
mesh size for any sink gillnet not stowed and not available for
immediate use in accordance with Sec. 648.23(b), when fishing under a
DAS in the NE multispecies DAS program or on a Sector trip in the SNE
Regulated Mesh Area, is 6.5 inches (16.5 cm) 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 sq m)), or to vessels that
have not been issued a NE multispecies permit and that are fishing
exclusively in state waters. Day gillnet vessels must also abide by the
tagging requirements in paragraph (a)(3)(iv)(C) of this section.
(A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the SNE Regulated
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50
fathoms (91.4 m) in length.
(B) * * *
(1) Number of nets. A Day gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the SNE Regulated
Mesh Area may not fish with, haul, possess, or deploy more than 75
nets, except as provided in Sec. 648.92(b)(8)(i). Such vessels, in
accordance with Sec. 648.23(b), may stow additional nets not to exceed
160, counting deployed nets.
* * * * *
(vi) Other restrictions and exemptions. A vessel is prohibited from
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of
this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (b)(3),
(b)(5) through (9), (b)(11), (c), (e), (h), and (i) of this section; or
if fishing under a NE multispecies DAS; or if fishing on a Sector trip;
or if fishing under the Small Vessel or Handgear A permit specified in
Sec. 648.82(b)(5) and (6), respectively; or if fishing under a
Handgear B permit specified in Sec. 648.88(a); or if fishing under a
scallop state waters exemption specified in Sec. 648.54; or if fishing
under a scallop DAS in accordance with paragraph (h) of this section;
or if fishing under a General Category scallop permit in accordance
with paragraphs (b)(11)(i)(A) and (B) of this section; or if fishing
pursuant to a NE multispecies open access Charter/Party or Handgear
permit specified in Sec. 648.88; or if fishing as a charter/party or
private recreational vessel in compliance with the regulations
specified in Sec. 648.89. Any gear on a vessel, or used by a vessel,
in this area must be authorized under one of these exemptions or must
be stowed as specified in Sec. 648.23(b).
* * * * *
(11) SNE Scallop Dredge Exemption Area. Unless otherwise prohibited
in Sec. 648.81, or 50 CFR part 648, subpart D, vessels with a limited
access scallop permit that have declared out f the DAS program as
specified in Sec. 648.10, or that have used up their DAS allocation,
and vessels issued a General Category scallop permit, may fish in the
SNE RMA when not under a NE multispecies DAS, provided the vessel
fishes in the SNE Scallop Dredge Exemption Area and complies with the
requirements specified in paragraph (b)(11)(ii) of this section.
[[Page 69426]]
(i) The SNE Scallop Dredge Exemption Area is that area (copies of a
chart depicting this area are available from the Regional Administrator
upon request):
(A) Bounded on the west, south and east by straight lines
connecting the following points in the order stated:
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
Sc1............................. (\1\) 72[deg]30'
Sc2............................. 40[deg]00' 72[deg]30'
Sc3............................. 40[deg]00' 71[deg]40'
Sc4............................. 39[deg]50' 71[deg]40'
Sc5............................. 39[deg]50' 70[deg]00'
Sc6............................. (\2\) 70[deg]00'
Sc7............................. (\3\) 70[deg]00'
Sc8............................. (\4\) 70[deg]00'
------------------------------------------------------------------------
\1\ South facing shoreline of Long Island, NY.
\2\ South facing shoreline of Nantucket, MA.
\3\ North facing shoreline of Nantucket, MA.
\4\ South facing shoreline of Cape Cod, MA.
(B) Bounded on the northwest by straight lines connecting the
following points in the order stated:
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
Sc9............................. 41[deg]00' (\1\)
Sc10............................ 41[deg]00' 71[deg]40'
Sc11............................ (\2\) 71[deg]40'
------------------------------------------------------------------------
\1\ East facing shoreline of the south fork of Long Island, NY.
\2\ South facing shoreline of RI.
* * * * *
(c) * * *
(2) * * *
(i) Vessels using trawls. Except as provided in paragraph
(c)(2)(iii) of this section, and Sec. 648.85(b)(6), the minimum mesh
size for any trawl net not stowed and not available for immediate use
in accordance with Sec. 648.23(b), on a vessel or used by a vessel
fishing under the NE multispecies DAS program or on a Sector trip in
the MA Regulated Mesh Area (Sec. 648.104(a)), applied throughout the
body and extension of the net, or any combination thereof, and 6.5-inch
(16.5-cm) diamond or square mesh applied to the codend of the net, as
defined in paragraph (a)(3)(i) of this section. 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 sq m)), or to vessels that have not been issued
a NE multispecies permit and that are fishing exclusively in state
waters.
* * * * *
(v) Gillnet vessels. For Day and Trip gillnet vessels, the minimum
mesh size for any sink gillnet, not stowed and not available for
immediate use in accordance with Sec. 648.23(b), when fishing under a
DAS in the NE multispecies DAS program or on a Sector trip in the MA
Regulated Mesh Area, is 6.5 inches (16.5 cm) 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 sq m)), or to vessels that
have not been issued a NE multispecies permit and that are fishing
exclusively in state waters.
(A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the MA Regulated
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50
fathoms (91.4 m) in length.
(B) * * *
(1) Number of nets. A Day gillnet vessel fishing under a NE
multispecies DAS or on a Sector trip and fishing in the MA Regulated
Mesh Area, may not fish with, haul, possess, or deploy more than 75
nets, except as provided in Sec. 648.92(b)(8)(i). Such vessels, in
accordance with Sec. 648.23(b), may stow additional nets not to exceed
160, counting deployed nets.
* * * * *
(h) * * *
(2) Limited access scallop vessels issued a limited access NE
multispecies permit and fishing under a NE multispecies DAS are subject
to the gear restrictions specified in this section and may possess and
land unlimited amounts of regulated species or ocean pout, unless
otherwise restricted by Sec. 648.86. Such vessels may simultaneously
fish under a scallop DAS, but are prohibited from using scallop dredge
gear on such trips.
* * * * *
10. In Sec. 648.81, revise the introductory text for paragraph
(f)(2)(ii); revise paragraphs (b)(2)(iii) and (j)(1); and add
paragraphs (f)(2)(vi), (g)(2)(iv) and (v), and (n) to read as follows:
Sec. 648.81 NE multispecies closed areas and measures to protect
EFH.
* * * * *
(b) * * *
(2) * * *
(iii) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the
Eastern U.S./Canada Haddock SAP Program as specified in Sec.
648.85(b)(3)(ii) or (b)(8)(ii), respectively; or
* * * * *
(f) * * *
(2) * * *
(ii) That are fishing with or using exempted gear as defined under
this part, or in the Midwater Trawl Gear Exempted Fishery as specified
under 648.80(d), and excluding pelagic gillnet gear capable of catching
NE multispecies, except for vessels fishing with a single pelagic
gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83
m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided:
* * * * *
(vi) That are fishing on a Sector trip, provided such vessels
comply with the following restricted areas referred to as the Sector
Rolling Closure Areas:
(A) Sector Rolling Closure Area I. From March 1 through March 31,
the restrictions specified in this paragraph (f)(2)(vi) apply to Sector
Rolling Closure Area I, which is the area bounded by straight lines
connecting the following points in the order stated:
Sector Rolling Closure Area I
[March 1-March 31]
------------------------------------------------------------------------
Point N. Latitute W. Longitude
------------------------------------------------------------------------
GM3............................. 42[deg]00' (\1\)
GM5............................. 42[deg]00' 68[deg]30'
GM6............................. 42[deg]30' 68[deg]30'
GM23............................ 42[deg]30' 70[deg]00'
------------------------------------------------------------------------
\1\ Cape Cod, MA shoreline on the Atlantic Ocean.
(B) Sector Rolling Closure Area II. From April 1 through April 30,
the restrictions specified in this paragraph (f)(2)(vi) apply to Sector
Rolling Closure Area II, which is the area bounded by straight lines
connecting the following points in the order stated:
Sector Rolling Closure Area II
[April 1-April 30]
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GM1............................. 42[deg]00' (\1\)
GM2............................. 42[deg]00' (\2\)
GM3............................. 42[deg]00' (\3\)
SGM1............................ 42[deg]00' 70[deg]00'
SGM2............................ 43[deg]00' 70[deg]00'
SGM3............................ 43[deg]00' (\4\)
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ Cape Cod, MA shoreline on Cape Cod Bay.
\3\ Cape Cod, MA shoreline on the Atlantic Ocean.
\4\ NH shoreline.
(C) Sector Rolling Closure Area III. From May 1 through May 31, the
restrictions specified in this paragraph (f)(2)(vi) apply to Sector
Rolling Closure Area III, which is the area bounded by straight lines
connecting the following points in the order stated:
Sector Rolling Closure Area III
[May 1-May 31]
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SGM4............................ 42[deg]30' (\1\)
[[Page 69427]]
SGM5............................ 42[deg]30' 70[deg]00'
SGM6............................ 43[deg]00' 70[deg]00'
SGM7............................ 43[deg]00' 69[deg]30'
SGM8............................ 43[deg]30' 69[deg]30'
GM18............................ 43[deg]30' (\2\)
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ NH shoreline.
(D) Sector Rolling Closure Area IV. From June 1 through June 30,
the restrictions specified in this paragraph (f)(2)(vi) apply to Sector
Rolling Closure Area IV, which is the area bounded by straight lines
connecting the following points in the order stated:
Sector Rolling Closure Area IV
[June 1-June 30]
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SGM9............................ 43[deg]00' (\1\)
SGM6............................ 43[deg]00' 70[deg]00'
SGM10........................... 43[deg]30' 70[deg]00'
SGM11........................... 43[deg]30' 69[deg]00'
GM22............................ (\2\) 69[deg]00'
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ ME shoreline.
(E) Sector Rolling Closure Area V. From October 1 through November
30, the restrictions specified in this paragraph (f)(2)(vi) apply to
Sector Rolling Closure Area V, which is the area bounded by straight
lines connecting the following points in the order stated:
Sector Rolling Closure Area V
[October 1--November 30]
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GM1............................. 42[deg]00' (\1\)
GM2............................. 42[deg]00' (\2\)
GM3............................. 42[deg]00' (\3\)
GM4............................. 42[deg]00' 70[deg]00'
GM8............................. 42[deg]30' 70[deg]00'
GM9............................. 42[deg]30' (\1\)
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ Cape Cod, MA shoreline on Cape Cod Bay.
\3\ Cape Cod, MA shoreline on the Atlantic Ocean.
(g) * * *
(2) * * *
(iv) That are fishing in the CA I Hook Gear Haddock Access Area
pursuant to Sec. 648.85(b)(7).
(v) That are fishing under the restrictions and conditions of an
approved Sector operations plan, as specified in Sec. 648.87(c).
* * * * *
(j) * * *
(1) Restricted Gear Area I is defined by straight lines connecting
the following points in the order stated:
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
Inshore boundary
------------------------------------------------------------------------
to 120
69.......................... 40[deg]07.9' 68[deg]36.0'
70.......................... 40[deg]07.2' 68[deg]38.4'
71.......................... 40[deg]06.9' 68[deg]46.5'
72.......................... 40[deg]08.7' 68[deg]49.6'
73.......................... 40[deg]08.1' 68[deg]51.0'
74.......................... 40[deg]05.7' 68[deg]52.4'
75.......................... 40[deg]03.6' 68[deg]57.2'
76.......................... 40[deg]03.65' 69[deg]00.0'
77.......................... 40[deg]04.35' 69[deg]00.5'
78.......................... 40[deg]05.2' 69[deg]00.5'
79.......................... 40[deg]05.3' 69[deg]01.1'
80.......................... 40[deg]08.9' 69[deg]01.75'
81.......................... 40[deg]11.0' 69[deg]03.8'
82.......................... 40[deg]11.6' 69[deg]05.4'
83.......................... 40[deg]10.25' 69[deg]04.4'
84.......................... 40[deg]09.75' 69[deg]04.15'
85.......................... 40[deg]08.45' 69[deg]03.6'
86.......................... 40[deg]05.65' 69[deg]03.55'
87.......................... 40[deg]04.1' 69[deg]03.9'
88.......................... 40[deg]02.65' 69[deg]05.6'
89.......................... 40[deg]02.00' 69[deg]08.35'
90.......................... 40[deg]02.65' 69[deg]11.15'
91.......................... 40[deg]00.05' 69[deg]14.6'
92.......................... 39[deg]57.8' 69[deg]20.35'
93.......................... 39[deg]56.65' 69[deg]24.4'
94.......................... 39[deg]56.1' 69[deg]26.35'
95.......................... 39[deg]56.55' 69[deg]34.1'
96.......................... 39[deg]57.85' 69[deg]35.5'
97.......................... 40[deg]00.65' 69[deg]36.5'
98.......................... 40[deg]00.9' 69[deg]37.3'
99.......................... 39[deg]59.15' 69[deg]37.3'
100......................... 39[deg]58.8' 69[deg]38.45'
102......................... 39[deg]56.2' 69[deg]40.2'
103......................... 39[deg]55.75' 69[deg]41.4'
104......................... 39[deg]56.7' 69[deg]53.6'
105......................... 39[deg]57.55' 69[deg]54.05'
106......................... 39[deg]57.4' 69[deg]55.9'
107......................... 39[deg]56.9' 69[deg]57.45'
108......................... 39[deg]58.25' 70[deg]03.0'
110......................... 39[deg]59.2' 70[deg]04.9'
111......................... 40[deg]00.7' 70[deg]08.7'
112......................... 40[deg]03.75' 70[deg]10.15'
115......................... 40[deg]05.2' 70[deg]10.9'
116......................... 40[deg]02.45' 70[deg]14.1'
119......................... 40[deg]02.75' 70[deg]16.1'
to 181
------------------------------------------------------------------------
Offshore boundary
------------------------------------------------------------------------
to 69
120......................... 40[deg]06.4' 68[deg]35.8'
121......................... 40[deg]05.25' 68[deg]39.3'
122......................... 40[deg]05.4' 68[deg]44.5'
123......................... 40[deg]06.0' 68[deg]46.5'
124......................... 40[deg]07.4' 68[deg]49.6'
125......................... 40[deg]05.55' 68[deg]49.8'
126......................... 40[deg]03.9' 68[deg]51.7'
127......................... 40[deg]02.25' 68[deg]55.4'
128......................... 40[deg]02.6' 69[deg]00.0'
129......................... 40[deg]02.75' 69[deg]00.75'
130......................... 40[deg]04.2' 69[deg]01.75'
131......................... 40[deg]06.15' 69[deg]01.95'
132......................... 40[deg]07.25' 69[deg]02.0'
133......................... 40[deg]08.5' 69[deg]02.25'
134......................... 40[deg]09.2' 69[deg]02.95'
135......................... 40[deg]09.75' 69[deg]03.3'
136......................... 40[deg]09.55' 69[deg]03.85'
137......................... 40[deg]08.4' 69[deg]03.4'
138......................... 40[deg]07.2' 69[deg]03.3'
139......................... 40[deg]06.0' 69[deg]03.1'
140......................... 40[deg]05.4' 69[deg]03.05'
141......................... 40[deg]04.8' 69[deg]03.05'
142......................... 40[deg]03.55' 69[deg]03.55'
143......................... 40[deg]01.9' 69[deg]03.95'
144......................... 40[deg]01.0' 69[deg]04.4'
146......................... 39[deg]59.9' 69[deg]06.25'
147......................... 40[deg]00.6' 69[deg]10.05'
148......................... 39[deg]59.25' 69[deg]11.15'
149......................... 39[deg]57.45' 69[deg]16.05'
150......................... 39[deg]56.1' 69[deg]20.1'
151......................... 39[deg]54.6' 69[deg]25.65'
152......................... 39[deg]54.65' 69[deg]26.9'
153......................... 39[deg]54.8' 69[deg]30.95'
154......................... 39[deg]54.35' 69[deg]33.4'
155......................... 39[deg]55.0' 69[deg]34.9'
156......................... 39[deg]56.55' 69[deg]36.0'
157......................... 39[deg]57.95' 69[deg]36.45'
158......................... 39[deg]58.75' 69[deg]36.3'
159......................... 39[deg]58.8' 69[deg]36.95'
160......................... 39[deg]57.95' 69[deg]38.1'
161......................... 39[deg]54.5' 69[deg]38.25'
162......................... 39[deg]53.6' 69[deg]46.5'
163......................... 39[deg]54.7' 69[deg]50.0'
164......................... 39[deg]55.25' 69[deg]51.4'
165......................... 39[deg]55.2' 69[deg]53.1'
166......................... 39[deg]54.85' 69[deg]53.9'
167......................... 39[deg]55.7' 69[deg]54.9'
168......................... 39[deg]56.15' 69[deg]55.35'
169......................... 39[deg]56.05' 69[deg]56.25'
170......................... 39[deg]55.3' 69[deg]57.1'
171......................... 39[deg]54.8' 69[deg]58.6'
172......................... 39[deg]56.05' 70[deg]00.65'
173......................... 39[deg]55.3' 70[deg]02.95'
174......................... 39[deg]56.9' 70[deg]11.3'
175......................... 39[deg]58.9' 70[deg]11.5'
176......................... 39[deg]59.6' 70[deg]11.1'
177......................... 40[deg]01.35' 70[deg]11.2'
178......................... 40[deg]02.6' 70[deg]12.0'
179......................... 40[deg]00.4' 70[deg]12.3'
180......................... 39[deg]59.75' 70[deg]13.05'
181......................... 39[deg]59.3' 70[deg]14.0'
to 119
------------------------------------------------------------------------
* * * * *
(n) NE Multispecies Restricted Gear Areas. With the exception of a
vessel on a Sector trip, any vessel issued a limited access NE
multispecies permit that is fishing any part of a trip in one or both
of the NE Multispecies Restricted Gear Areas specified in paragraphs
(n)(1) and (2) of this section must comply with all applicable
restrictions specified in this paragraph (n). If such a vessel fishes
inside/outside of these areas on the same trip, the most restrictive
measures for the areas fished apply, including, but not limited to,
gear restrictions and trip limits.
(1) Western GB Multispecies Restricted Gear Area. The Western GB
Multispecies Restricted Gear Area is
[[Page 69428]]
defined as the area bounded by straight lines connecting the following
points in the order stated:
Western GB Multispecies Restricted Gear Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
G8.............................. 42[deg]00' 69[deg]30'
GM5............................. 42[deg]00' 68[deg]30'
MRGA1........................... 41[deg]00' 68[deg]30'
YTA5............................ 41[deg]00' 69[deg]30'
G8.............................. 42[deg]00' 69[deg]30'
------------------------------------------------------------------------
(2) SNE Multispecies Restricted Gear Area. The SNE Multispecies
Restricted Gear Area is defined as the area bounded by straight lines
connecting the following points in the order stated:
SNE Multispecies Restricted Gear Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
MRAG1........................... 41[deg]30' (\1\)
MRGA2........................... 41[deg]30' 70[deg]30'
MRGA3........................... (\2\) 70[deg]30'
MRGA4........................... (\3\) 70[deg]30'
MRGA5........................... 40[deg]00' 70[deg]30'
MRGA6........................... 40[deg]00' 71[deg]30'
MRGA7........................... 40[deg]30' 71[deg]30'
SNEMA3.......................... 40[deg]30' 72[deg]00'
MRGA8........................... (\4\) 72[deg]00'
MRGA9........................... (\5\) 72[deg]00'
MRGA10.......................... (\6\) 72[deg]00'
MRAG1........................... (\1\) 70[deg]30'
------------------------------------------------------------------------
\1\ East-facing shoreline of RI.
\2\ North-facing shoreline of Martha's Vineyard, MA.
\3\ South-facing shoreline of Martha's Vineyard, MA.
\4\ South-facing shoreline of Long Island, NY.
\5\ North-facing shoreline of Long Island, NY.
\6\ South-facing shoreline of CT.
(3) Gear restrictions. Unless otherwise authorized pursuant to
paragraph (n)(3)(iv) of this section, a limited access NE multispecies
vessel subject to the restrictions of paragraph (n) of this section may
only use one or more of the gear types listed in paragraphs (n)(3)(i)
through (iii) of this section. No other type of fishing gear may be on
board the vessel when fishing in the NE Multispecies Restricted Gear
Areas specified in paragraphs (n)(1) and (2) of this section.
(i) Trawl gear. A limited access NE multispecies vessel subject to
the restrictions of paragraph (n) of this section using trawl gear may
only use a haddock separator trawl, as specified in Sec.
648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in Sec.
648.85(b)(6)(iv)(J)(3); or a rope separator trawl, as specified in
paragraph (n)(3)(i)(A) of this section.
(A) Rope separator trawl. A rope separator trawl is defined as a
four-seam bottom trawl net (i.e., a net with a top and bottom panel and
two side panels) modified to include both a horizontal separator panel
and an escape opening in the bottom belly of the net below the
separator panel, as further specified in paragraphs (n)(3)(i)(A)(1)
through (3) of this section.
(1) Mesh size. Unless otherwise specified in this paragraph
(n)(3)(i)(A)(1), the minimum mesh size applied throughout the body and
extension of a rope separator trawl must be 6-inch (15.2-cm) diamond
mesh or 6.5-inch (16.5-cm) square mesh, or any combination thereof.
Mesh in the bottom belly of the net must be 13-inch (33-cm) diamond
mesh. Unless otherwise specified in this part, the codend mesh size
must be consistent with mesh size requirements specified in Sec.
648.80. The mesh size of a particular section of the rope separator
trawl is measured in accordance with Sec. 648.80(f)(2), unless
insufficient numbers of mesh exist, in which case the maximum total
number of meshes in the section will be measured (between 2 and 20
meshes).
(2) Separator panel. The separator panel must consist of parallel
lines made of fiber rope, the ends of which are attached to each side
of the net starting at the forward edge of the square of the net and
running aft toward the extension of the net. The leading rope must be
attached to the side panel at a point at least \1/3\ of the number of
meshes of the side panel above the lower gore, and the panel of ropes
shall slope downward toward the extension of the net. For example, if
the side panel of the net is 42 meshes tall, the leading rope must be
attached at least 14 meshes above the lower gore. The forward \2/3\ of
the separator ropes that comprise the separator panel must be no
farther than 26 inches (66 cm) apart, with the after \1/3\ of the
separator ropes that comprise the separator panel being no farther than
13 inches (33 cm) apart. The ends of the aftermost rope shall be
attached to the bottom belly at a point \1/6\ of the number of meshes
of the after end of the bottom belly below the lower gore. The
separator ropes should be of sufficient length not to impinge upon the
overall shape of the net without being too long to compromise the
selectivity of the net. The separator ropes may not be manipulated in
any way that would inhibit the selectivity of the net by causing the
separator ropes to dip toward the bottom belly of the net and obscure
the escape opening, as defined in paragraph (n)(3)(i)(A)(3) of this
section.
(3) Escape opening. The escape opening must be positioned in the
bottom belly of the net behind the sweep and terminate under the
separator panel, as described in paragraph (n)(3)(i)(A)(2) of this
section. Longitudinal lines may be used to maintain the shape of the
escape opening, as necessary. The escape opening shall be at least 18
meshes in both length and width.
(B) [Reserved]
(ii) Gillnet gear. A limited access NE multispecies vessel subject
to the restrictions of paragraph (n) of this section using gillnet gear
may only use roundfish gillnets or flatfish gillnets consistent with
the gear requirements in Sec. 648.80, provided the mesh size of the
flatfish gillnet gear is greater than or equal to 10 inches (25.4 cm)
throughout the entire net.
(iii) Hook gear. A limited access NE multispecies vessel subject to
the restrictions of paragraph (n) of this section using hook gear may
only use longline gear, tub trawls, or handgear.
(iv) Approval of additional gear. The Regional Administrator may
authorize additional gear for use in the NE Multispecies Restricted
Gear Areas in accordance with the standards and requirements specified
in Sec. 648.85(b)(6)(iv)(J)(2).
(4) VMS declaration. In addition to any other declaration
requirements specified in this part, the operator of a limited access
NE multispecies vessel intending to fish, or fishing, in one or both of
the NE Multispecies Restricted Gear Areas, as specified in paragraphs
(n)(1) and (2) of this section must declare into one or both of these
areas via VMS, as instructed by the Regional Administrator, prior to
departure from port. In lieu of a VMS declaration, the Regional
Administrator may authorize such vessels to obtain a letter of
authorization. If a letter of authorization is required, such vessel
may not fish outside of the NE Multispecies Restricted Gear Areas for a
minimum of 7 consecutive days (when fishing under the multispecies DAS
program), and must carry the authorization letter on board.
(5) Trip limits. A limited access NE multispecies vessel subject to
the restrictions of paragraph (n) of this section must comply with the
trip limits specified in Sec. 648.86, unless further restricted by the
following trip limits:
(i) If fishing exclusively under a NE multispecies DAS or under
both a NE multispecies DAS and a monkfish DAS with gear other than
gillnet gear, 500 lb (227 kg) of all flatfish species (American plaice,
witch flounder, winter flounder, windowpane flounder, yellowtail
flounder, and Atlantic halibut), combined; 500 lb (227 kg) of monkfish
[[Page 69429]]
(whole weight), unless also subject to the monkfish possession
restrictions in Sec. 648.94(b)(3); 500 lb (227 kg) of skates (whole
weight); and zero possession of lobsters.
(ii) If fishing under both a NE multispecies DAS and a monkfish DAS
with gillnet gear, 500 lb (227 kg) of all flatfish species (American
plaice, witch flounder, winter flounder, windowpane flounder,
yellowtail flounder, and Atlantic halibut), combined; the applicable
monkfish possession limits specified in Sec. 648.94(b); 500 lb (227
kg) of skates (whole weight); and zero possession of lobsters.
(6) Transiting. A limited access NE multispecies vessel that is not
subject to the restrictions of this paragraph (n) may transit the NE
Multispecies Restricted Gear Areas specified in paragraphs (n)(1) and
(2) of this section, provided any gear that is not authorized under
paragraph (n)(3) of this section is stowed and not available for
immediate use in accordance with Sec. 648.23(b).
11. In Sec. 648.82:
(a) Revise the introductory text to paragraphs (b)(6), (d)(1),
(d)(2)(i)(B), (d)(2)(ii)(B), (j), (j)(1), and (k)(4)(xi);
(b) Revise paragraphs (d)(1)(iii), (d)(2)(i)(B)(3),
(d)(2)(ii)(B)(3), (e)(1), (e)(3), (g), (h), (j)(1)(ii) and (iii),
(j)(2), (k)(2)(ii), (k)(4)(i), (k)(4)(v), (k)(4)(x), (k)(4)(xi)(B),
(l)(1)(ii), (l)(1)(iv), (l)(1)(vi) through (viii), and (l)(2)(i);
(c) Remove and reserve paragraphs (c)(2), (e)(2), and (k)(4)(iv);
(d) Remove paragraphs (d)(4) and (l)(1)(ix); and
(e) Add paragraphs (d)(1)(iv), (d)(2)(i)(B)(4), (d)(2)(ii)(B)(4),
(k)(4)(xi)(C), and (n) to read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(b) * * *
(6) Handgear A category. A vessel qualified and electing to fish
under the Handgear A category, as described in Sec. 648.4(a)(1)(i)(A),
may retain, per trip, up to 750 lb (340.2 kg) of cod, one Atlantic
halibut, and the daily possession limit for other regulated species and
ocean pout as specified in Sec. 648.86. The cod trip limit will be
adjusted proportionally to the trip limit for GOM cod (rounded up to
the nearest 50 lb (22.7 kg)), as specified in Sec. 648.86(b)). For
example, if the GOM cod trip limit specified in Sec. 648.86(b)
doubled, then the cod trip limit for the Handgear A category would
double. Qualified vessels electing to fish under the Handgear A
category are subject to the following restrictions:
* * * * *
(d) * * *
(1) Category A DAS. Calculation of Category A DAS for each fishing
year is specified in paragraphs (d)(1)(i) through (iv) of this section.
An additional 36 percent of Category A DAS will be added and available
for use for participants in the Large Mesh Individual DAS permit
category, as described in paragraph (b)(4) of this section, provided
the participants comply with the applicable gear restrictions. Category
A DAS may be used in the NE multispecies fishery to harvest and land
stocks of regulated species or ocean pout, in accordance with all of
the conditions and restrictions of this part.
* * * * *
(iii) For fishing year 2009 (May 1, 2009, through April 30, 2010),
Category A DAS are defined as 45 percent of the vessel's used DAS
baseline specified in paragraph (c)(1) of this section.
(iv) Starting in fishing year 2010 (beginning May 1, 2010),
Category A DAS are defined as follows:
(A) For a vessel fishing under the provisions of the common pool,
as defined in this part, Category A DAS are defined as 27.5 percent of
the vessel's used DAS baseline specified in paragraph (c)(1) of this
section, unless otherwise revised pursuant to paragraph (n)(1) of this
section, or reduced pursuant to Sec. 648.87(b)(1)(iii).
(B) For a Sector vessel, Category A DAS allocated for use when
fishing in other fisheries that require the concurrent use of a NE
multispecies DAS are defined as 45 percent of the vessel's used DAS
baseline specified in paragraph (c)(1) of this section.
(2) * * *
(i) * * *
(B) Calculation. Regular B DAS are calculated as follows:
* * * * *
(3) For fishing year 2009 (May 1, 2009, through April 30, 2010),
Regular B DAS are defined as 27.5 percent of the vessel's used DAS
baseline specified in paragraph (c)(1) of this section.
(4) Starting in fishing year 2010 (beginning May 1, 2010), Regular
B DAS are defined as follows:
(i) For a common pool vessel, Regular B DAS are defined as 36.25
percent of the vessel's used DAS baseline specified in paragraph (c)(1)
of this section, unless otherwise revised pursuant to paragraph (n)(1)
of this section.
(ii) For a Sector vessel, Regular B DAS are defined as 27.5 percent
of the vessel's used DAS baseline specified in paragraph (c)(1) of this
section.
(ii) * * *
(B) Calculation. Reserve B DAS are calculated as follows:
* * * * *
(3) For fishing year 2009 (May 1, 2009, through April 30, 2010),
Reserve B DAS are defined as 27.5 percent of the vessel's used DAS
baseline specified in paragraph (c)(1) of this section.
(4) Starting in fishing year 2010 (beginning May 1, 2010), Reserve
B DAS are defined as follows:
(i) For a common pool vessel, Reserve B DAS are defined as 36.25
percent of the vessel's used DAS baseline specified in paragraph (c)(1)
of this section, unless otherwise revised pursuant to paragraph (n)(1)
of this section.
(ii) For a Sector vessel, Reserve B DAS are defined as 27.5 percent
of the vessel's used DAS baseline specified in paragraph (c)(1) of this
section.
* * * * *
(e) * * *
(1) When a vessel is participating in the NE multispecies DAS
program, as required by the regulations in this part, NE multispecies
DAS shall accrue as specified in paragraphs (e)(1)(i) and (ii) of this
section and shall be based upon the time called, or logged into the DAS
program, consistent with the DAS notification requirements specified in
Sec. 648.10. For the purpose of calculating trip limits specified in
this part, the amount of DAS deducted from a vessel's DAS allocation
shall determine the amount of fish the vessel can land legally.
(i) Common pool vessels. For a common pool vessels, Category A
shall accrue in 24-hr increments, unless otherwise required under
paragraph (n) of this section. For example, a vessel that fished from 6
a.m. to 10 p.m. would be charged 24 hr of Category A DAS, not 16 hr; a
vessel that fished for 25 hr would be charged 48 hr of Category A DAS
instead of 25 hr.
(ii) Sector vessels. For the purposes of complying with the
restrictions of other fisheries that require the use of a NE
multispecies DAS, a vessel on a Sector trip shall accrue DAS to the
nearest minute and shall be counted as actual time called, or logged
into the DAS program, consistent with the DAS notification requirements
specified in Sec. 648.10.
* * * * *
(3) Regular B DAS Program 24-hr clock. For a vessel electing to
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(6),
that remains fishing under a Regular B DAS for the entire fishing trip
(without a DAS flip), DAS shall accrue at the rate of 1 full DAS for
each calendar day, or part of a calendar day fished. For example, a
vessel that fished on 1 calendar day from 6 a.m. to 10 p.m. would be
charged 24 hr of Regular B DAS, not 16 hr; a vessel that
[[Page 69430]]
left on a trip at 11 p.m. on the first calendar day and returned at 10
p.m. on the second calendar day would be charged 48 hr of Regular B DAS
instead of 23 hr, because the fishing trip would have spanned 2
calendar days. For the purpose of calculating trip limits specified
under Sec. 648.86, the amount of DAS deducted from a vessel's DAS
allocation shall determine the amount of fish the vessel can land
legally. For a vessel electing to fish in the Regular B DAS Program, as
specified at Sec. 648.85(b)(6), while also fishing in an area subject
to differential DAS counting pursuant to paragraph (n)(1)(i) of this
section, Category B DAS shall accrue at the rate described in this
paragraph (e)(3), unless the vessel flips to a Category A DAS, in which
case the vessel is subject to the pertinent DAS accrual restrictions of
paragraph (n)(1) of this section for the entire trip. For vessels
electing to fish in both the Regular B DAS Program, as specified in
Sec. 648.85(b)(8), and in the Eastern U.S./Canada Area, as specified
in Sec. 648.85(a), DAS counting will begin and end according to the
DAS rules specified in Sec. 648.10(e)(5)(iv).
* * * * *
(g) Spawning season restrictions. A vessel issued a valid Small
Vessel or Handgear A category permit specified in paragraphs (b)(5) or
(b)(6) of this section, respectively, or a vessel issued an open access
Handgear B permit, as specified in Sec. 648.88(a), may not fish for,
possess, or land regulated species or ocean pout from March 1 through
March 20 of each year. A common pool vessel must declare out and be out
of the NE multispecies DAS program, and a Sector must declare that the
vessel will not fish with gear capable of catching NE multispecies
(i.e., gear that is not defined as exempted gear under this part), for
a 20-day period between March 1 and May 31 of each calendar year, using
the notification requirements specified in Sec. 648.10. A vessel
fishing under a Day gillnet category designation is prohibited from
fishing with gillnet gear capable of catching NE multispecies during
its declared 20-day spawning block, unless the vessel is fishing in an
exempted fishery, as described in Sec. 648.80. If a vessel owner has
not declared and been out of the fishery for a 20-day period between
March 1 and May 31 of each calendar year on or before May 12 of each
year, the vessel is prohibited from fishing for, possessing or landing
any regulated species, ocean pout, or non-exempt species during the
period May 12 through May 31, inclusive.
(h) Declaring DAS and blocks of time out. A vessel's owner or
authorized representative shall notify the Regional Administrator of a
vessel's participation in the DAS program; declaration of its 120 days
out of the non-exempt gillnet fishery, if designated as a Day gillnet
category vessel, as specified in paragraph (j) of this section; and
declaration of its 20-day period out of the NE multispecies DAS
program, or, for a Sector vessel that the vessel will not fish with
gear capable of catching NE multispecies, using the notification
requirements specified in Sec. 648.10.
(j) Gillnet restrictions. A vessel issued a limited access NE
multispecies permit may fish under a NE multispecies DAS, under the
provisions of the small vessel permit category, or on a Sector trip
with gillnet gear, provided the owner of the vessel obtains an annual
designation as either a Day or Trip gillnet vessel, as described in
Sec. 648.4(c)(2)(iii), and provided the vessel complies with the
gillnet vessel gear requirements and restrictions specified in Sec.
648.80.
(1) Day gillnet vessels. Unless otherwise exempted in this part, a
Day gillnet vessel fishing with gillnet gear under a NE multispecies
DAS, the provisions of a small vessel permit category, or on a Sector
trip is not required to remove gear from the water upon returning to
the dock and calling out of the DAS program, as appropriate, provided
the vessel complies with the restrictions specified in paragraphs
(j)(1)(i) through (iii) of this section. Vessels electing to fish under
the Day gillnet designation must have on board written confirmation,
issued by the Regional Administrator, that the vessel is a Day gillnet
vessel.
(ii) Declaration of time out of the gillnet fishery. (A) During
each fishing year, a Day gillnet vessel 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. The spawning season time out period required by paragraph
(g) of this section shall 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 to be out of
the fishery by the last possible date to meet these requirements, the
vessel is prohibited from fishing for, possessing, or landing regulated
multispecies, ocean pout, 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. 648.23(b) while fishing under a NE
multispecies DAS, the provisions of the small vessel category permit,
or on a Sector trip 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 exempt pursuant to Sec. 648.87.
(B) Any such vessel shall declare its required time periods through
the notification procedures specified in Sec. 648.10(j)(2).
(C) During each period of time declared out, any such vessel is
prohibited from fishing with non-exempted gillnet gear and must remove
such gear from the water. However, the vessel may fish in an exempted
fishery, as described in Sec. 648.80, or it may fish under a NE
multispecies DAS, under the provisions of the small vessel category
permit, or on a Sector trip, provided it fishes with gear other than
non-exempted gillnet gear.
(iii) Method of counting DAS. A Day gillnet vessel fishing with
gillnet gear under a NE multispecies DAS shall accrue DAS as follows:
(A) A Day gillnet vessel fishing with gillnet gear that has elected
to fish in the Regular B DAS Program, as specified in Sec.
648.85(b)(6), under a Category B DAS, is subject to the DAS accrual
provisions of paragraph (e)(1)(i) of this section.
(B) A Day gillnet vessel fishing with gillnet gear under a NE
multispecies Category A DAS shall accrue DAS as follows:
(1) A Day gillnet vessel on a common pool trip is subject to the
DAS accrual provisions of paragraph (e)(1)(i) of this section.
(2) A Day gillnet vessel on a Sector trip is subject to the DAS
accrual provisions of paragraph (e)(1)(ii) of this section.
* * * * *
(2) Trip gillnet vessels. When fishing under a NE multispecies DAS,
under the provisions of the small vessel category permit, or on a
Sector trip, a Trip gillnet vessel is required to remove all gillnet
gear from the water before returning to port upon the completion of a
fishing trip and calling out of a NE multispecies DAS, as applicable,
under Sec. 648.10(e)(5) or (h)(5), respectively. When not fishing
under a NE multispecies DAS, Trip gillnet vessels may fish in an
exempted fishery with gillnet gear, as authorized by Sec. 648.80.
Vessels electing to fish under the Trip gillnet designation must have
on board written confirmation issued by the Regional Administrator that
the vessel is a Trip gillnet vessel.
(k) * * *
(2) * * *
(ii) Subject to the conditions and requirements of this part, DAS
[[Page 69431]]
associated with a confirmation of permit history may be leased to
another vessel without placing the permit on an active vessel.
* * * * *
(4) * * *
(i) Confirmation of permit history. Pursuant to paragraph
(k)(2)(ii) of this section, DAS associated with a confirmation of
permit history may be leased.
* * * * *
(v) History of leased DAS use. The history of leased DAS use shall
be presumed to remain with the Lessor vessel. In the case of multiple
leases to one vessel, the history of leased DAS use shall be presumed
to remain with the Lessor in the order in which such leases were
approved by NMFS. For the purpose of accounting for leased DAS use,
leased DAS will be accounted for (subtracted from available DAS) prior
to allocated DAS.
* * * * *
(x) Leasing by vessels fishing under a Sector allocation. A Sector
vessel may not lease DAS to or from common pool vessels, but may lease
DAS to or from another Sector vessel during the fishing year in which
the vessel is a member of a Sector.
(xi) One-time downgrade of DAS Leasing Program baseline. Unless
otherwise specified in paragraph (k)(4)(xi)(B) and (C) of this section,
for the purposes of determining eligibility for leasing DAS only, a
vessel owner may elect to make a one-time downgrade to the vessel's DAS
Leasing Program baseline length and horsepower as specified in
paragraph (k)(4)(ix) of this section to match the length overall and
horsepower specifications of the vessel that is currently issued the
permit.
* * * * *
(B) Applicability of the one-time DAS Leasing Program baseline
downgrade. The downgraded DAS Leasing Program baseline may only be used
to determine eligibility for the DAS Leasing Program and does not
affect or change the baseline associated with the DAS Transfer Program
specified in paragraph (l)(1)(ii) of this section, or the vessel
replacement or upgrade restrictions specified at Sec.
648.4(a)(1)(i)(E) and (F), or any other provision.
(C) Duration of the one-time DAS Leasing Program baseline
downgrade. Unless otherwise specified in this paragraph (k)(4)(xi)(C)
of this section, the downgraded DAS Leasing Program baseline remains in
effect until the DAS Leasing Program expires or the permit is
transferred to another vessel via a vessel replacement, or through a
DAS transfer. With the exception of vessels combining DAS Leasing
Program baselines from two different vessels through the DAS Transfer
Program as outlined in paragraph (k)(4)(xi)(C)(2) of this section, once
the DAS Leasing Program baseline is downgraded for a particular permit,
no further downgrades may be authorized for that permit.
(1) Vessel replacement. If the permit is transferred to another
vessel via a vessel replacement, the DAS Leasing Program baseline
reverts to the baseline horsepower and length overall specifications
associated with the permit prior to the one-time downgrade.
(2) DAS Transfer Program. For vessels involved in a DAS Transfer
Program transaction as described in paragraph (l) of this section, if
the transferee vessel baseline is adopted, consistent with the
regulations under paragraph (l)(1)(ii) of this section, and the DAS
Leasing Program baseline of the transferee vessel was previously
downgraded, consistent with the regulations under this paragraph
(k)(4)(xi), the downgraded DAS Leasing Program baseline specifications
remain valid. For vessels involved in a DAS Transfer Program
transaction where a combination of the transferor and transferee vessel
baselines is adopted resulting in a new vessel baseline, any previous
DAS Leasing Program baseline downgrade for either the transferor or
transferee vessel will be voided and the transferee vessel would have
an additional opportunity to downgrade its combined DAS Leasing Program
baseline.
(l) * * *
(1) * * *
(ii) NE multispecies DAS may be transferred only to a vessel with a
baseline main engine horsepower rating that is no more than 20 percent
greater than the baseline engine horsepower of the transferor vessel.
NE multispecies DAS may be transferred only to a vessel with a baseline
length overall that is no more than 10 percent greater than the
baseline length overall of the transferor vessel. For the purposes of
this program, the baseline horsepower and length overall are those
associated with the permit as of January 29, 2004. Upon approval of the
transfer, the baseline of the transferee vessel would be the smaller
baseline of the two vessels or, if the transferee vessel had not
previously upgraded either its size (including LOA, GRT, and NT) or HP
under the vessel replacement rules, the vessel owner could choose to
adopt the larger baseline of the two vessels, which would constitute
the vessel's one-time upgrade, provided such an upgrade is consistent
with provisions of this paragraph (l)(1)(ii). A subsequent upgrade to
another specification through a subsequent action (either a vessel
replacement or DAS transfer) is not permissible. A vessel that has
executed a one-time downgrade of a DAS Leasing Program baseline in
accordance with paragraph (k)(4)(xi) is subject to the restrictions of
paragraph (k)(4)(xi)(C) of this section.
* * * * *
(iv) DAS conservation tax. Starting in fishing year 2010, any NE
multispecies DAS transferred to another vessel under the DAS Transfer
Program pursuant to paragraph (l) of this section are not subject to a
DAS conservation tax specified in this paragraph (l)(1)(iv). Any DAS
transferred under the DAS Transfer Program prior to fishing year 2010
that were reduced due to the DAS conservation tax specified in this
paragraph (l)(1)(iv) may not be reinstated to the permit associated
with the transferor vessel.
* * * * *
(vi) Confirmation of permit history. NE multispecies DAS associated
with a Confirmation of Permit History may be transferred.
(vii) Transfer by Sector vessels. A Sector vessel may not transfer
DAS to or from vessels that are fishing under the provisions of the
common pool or another Sector, but may transfer DAS to or from another
vessel participating in that vessel's Sector during the fishing year in
which the vessel is a member of a particular Sector.
(viii) Unless otherwise restricted by this part, a vessel with a NE
multispecies limited access Category D permit may transfer DAS only to
a vessel with a NE multispecies limited access Category D permit, but
may receive transferred DAS from any eligible NE multispecies vessel.
* * * * *
(2) * * *
(i) Application information requirements. An application to
transfer NE multispecies DAS must contain the following information:
Seller's/transferor's name, vessel name, permit number and official
number or state registration number; buyer's/transferee's name, vessel
name, permit number and official number or state registration number;
total price paid for purchased DAS; signatures of seller and buyer; and
date the form was completed. Information obtained from the transfer
application will be held confidential, and will be used only in
summarized form for management of the fishery.
(n) NE multispecies common pool accountability measure (AM). Common
pool vessels are subject to the following AMs, in addition to the DAS
accrual
[[Page 69432]]
provisions specified in paragraph (e) of this section and other
measures specified in this part.
(1) Differential DAS counting AM for fishing years 2010 and 2011.
Unless otherwise specified pursuant to Sec. 648.90(a)(5), based upon
catch and other information available to NMFS by February of each year,
the Regional Administrator shall project the catch of regulated species
or ocean pout by common pool vessels for the fishing year ending on
April 30 and shall determine whether such catch will exceed any of the
sub-ACLs specified for common pool vessels pursuant to Sec.
648.90(a)(4). This projection shall be updated once available
information regarding the catch of regulated species and ocean pout by
vessels fishing for groundfish in state waters outside of the FMP,
vessels fishing in exempted fisheries, and vessels fishing in the
Atlantic sea scallop fishery to determine if excessive catch by such
vessels resulted in the overall ACL for a particular stock to be
exceeded. If such catch resulted in the overall ACL for a particular
stock being exceeded, the common pool's share of the overage of the
overall ACL for that stock shall be added to the catch of each stock of
regulated species or ocean pout by common pool vessels pursuant to
Sec. 648.90(a)(5). If the Regional Administrator projects that any of
the sub-ACLs specified for common pool vessels will be exceeded or
underharvested, the Regional Administrator shall implement a
differential DAS counting factor to all Category A DAS used within the
stock area in which the sub-ACL was exceeded or underharvested, as
specified in paragraph (n)(1)(i) of this section, during the following
fishing year, in a manner consistent with the Administrative Procedure
Act. The differential DAS counting factor shall be based upon the
projected proportion of the sub-ACL of each NE multispecies stock
caught by common pool vessels, rounded to the nearest even tenth, as
specified in paragraph (n)(1)(ii) of this section, unless otherwise
specified pursuant to Sec. 648.90(a)(5). For example, if the Regional
Administrator projects that common pool vessels will catch 1.18 times
the sub-ACL for GOM cod during fishing year 2010, the Regional
Administrator shall implement a differential DAS counting factor of 1.2
to all Category A DAS used by common pool vessels only within the
Inshore GOM Differential DAS Area during fishing year 2011 (i.e.,
Category A DAS will be charged at a rate of 28.8 hr for every 24-hr
fished-1.2 x 24-hr DAS counting). If it is projected that catch in a
particular fishing year will exceed or underharvest the sub-ACLs for
several regulated species stocks within a particular stock area,
including both exceeding and underharvesting several sub-ACLs within a
particular stock area, the Regional Administrator shall implement the
most restrictive differential DAS counting factor derived from
paragraph (n)(1)(ii) of this section for the sub-ACLs exceeded or
underharvested to any Category A DAS used by common pool vessels within
that particular stock area. For example, if it is projected that common
pool vessels will be responsible for 1.2 times the GOM cod sub-ACL and
1.1 times the CC/GOM yellowtail flounder sub-ACL, the Regional
Administrator shall implement a differential DAS counting factor of 1.2
to any Category A DAS fished by common pool vessels only within the
Inshore GOM Stock Area during the following fishing year. For any
differential DAS counting factor implemented in fishing year 2011, the
differential DAS counting factor shall be applied against the DAS
accrual provisions specified in paragraph (e)(1)(i) of this section for
the time spent fishing in the applicable differential DAS counting area
based upon the first VMS position into the applicable differential DAS
counting area and the first VMS position outside of the applicable
differential DAS counting area pursuant to Sec. 648.10. For example,
if a vessel fished 12 hr inside a differential DAS counting area where
a differential DAS counting factor of 1.2 would be applied, and 12 hr
outside of the differential DAS counting area, the vessel would be
charged 48 hr of DAS use because DAS would be charged in 24-hr
increments ((12 hr inside the area x 1.2 = 14.4 hr) + 12 hr outside the
area, rounded to the next 24-hr increment to determine DAS charged).
For any differential DAS counting factor implemented in fishing year
2012, the differential DAS counting factor shall be applied against the
DAS accrual provisions specified in paragraph (e)(1)(i) of this
section, or if a differential DAS counting factor was implemented for
that stock area during fishing year 2011, against the DAS accrual rate
applied in fishing year 2011. For example, if a differential DAS
counting factor of 1.2 was applied to the Inshore GOM Differential DAS
Area during fishing year 2011 due to a 20-percent overage of the GOM
cod sub-ACL, yet the GOM cod sub-ACL was exceeded again, but by 50
percent during fishing year 2011, an additional differential DAS factor
of 1.5 would be applied to the DAS accrual rate applied during fishing
year 2012 (i.e., the DAS accrual rate in the Inshore GOM Differential
DAS Counting Area during fishing year 2012 would be 43.2 hr charged for
every 24-hr fished-1.2 x 1.5 x 24-hr DAS charge). If the Regional
Administrator determines that similar DAS adjustments are necessary in
all stock areas, the Regional Administrator will adjust the ratio of
Category A:Category B DAS specified in paragraph (d)(1) of this section
to reduce the number of available Category A DAS available based upon
the amount of the overage, rather than apply a differential DAS
counting factor to all Category A DAS used in all stock areas.
(i) Differential DAS counting areas. The following differential DAS
counting areas shall be used for the purposes of implementing the
differential DAS counting AM specified in paragraph (n)(1) of this
section:
(A) Inshore GOM Differential DAS Area. The Inshore GOM Differential
DAS Area applies to the following stocks of regulated species: White
hake, pollock, GOM cod, GOM haddock, CC/GOM yellowtail flounder, GOM
winter flounder, and Atlantic wolffish. The Inshore GOM Differential
DAS Area is defined as the area bounded on the west by the shoreline of
the United States and bounded on the east by straight lines connecting
the following points in the order stated:
Inshore GOM Differential DAS Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
INGOM1.......................... (\1\) 69[deg]30'
INGOM2.......................... 43[deg]00' 69[deg]30'
INGOM3.......................... 43[deg]00' 70[deg]00'
INGOM4.......................... (\2\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ North-facing shoreline of Cape Cod, MA.
(B) Offshore GOM Differential DAS Area. The Offshore GOM
Differential DAS Area applies to the following stocks of regulated
species: GOM haddock, white hake, pollock, redfish, witch flounder,
American plaice, and Atlantic halibut. The Offshore GOM Differential
DAS Area is defined as the area bounded on the north by the shoreline
of Maine, bounded on the east by the U.S./Canadian maritime boundary,
and bounded on the south and west by straight lines connecting the
following points in the order stated:
[[Page 69433]]
Offshore GOM Differential DAS Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
CII3............................ 42[deg]22' 67[deg]20'
OFFGOM1......................... 42[deg]20' 67[deg]20'
OFFGOM2......................... 42[deg]20' 70[deg]00'
OFFGOM5......................... 43[deg]00' 70[deg]00'
INGOM2.......................... 43[deg]00' 69[deg]30'
INGOM1.......................... (\1\) 69[deg]30'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
(C) Inshore GB Differential DAS Area. The Inshore GB Differential
DAS Area applies to the following stocks of regulated species: Witch
flounder, American plaice, white hake, Atlantic halibut, redfish,
pollock, CC/GOM yellowtail flounder, GB cod, GB haddock, SNE/MA winter
flounder, and Atlantic wolffish. The Inshore GB Differential DAS Area
is defined as the area bounded by straight lines connecting the
following points in the order stated:
Inshore GB Differential DAS Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
G9.............................. 42[deg]00' (\1\)
G10............................. 42[deg]20' 70[deg]00'
IGB1............................ 42[deg]20' 68[deg]50'
IGB2............................ 41[deg]00' 68[deg]50'
IGB3............................ 41[deg]00' 69[deg]30'
IGB4............................ 41[deg]10' 69[deg]30'
IGB5............................ 41[deg]10' 69[deg]50'
IGB6............................ 41[deg]20' 69[deg]50'
IGB7............................ 41[deg]20' 70[deg]00'
G12............................. (\2\) 70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 70[deg]00' W.
longitude.
\2\ South-facing shoreline of Cape Cod, MA.
(D) Offshore GB Differential DAS Area. The Offshore GB Differential
DAS Area applies to the following stocks of regulated species: Witch
flounder, American plaice, Atlantic halibut, northern windowpane
flounder, GB cod, GB haddock, GB yellowtail flounder, and GB winter
flounder. The Offshore GB Differential DAS Area is defined as the area
bounded by straight lines connecting the following points in the order
stated:
Offshore GB Differential DAS Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
IGB1............................ 42[deg] 20' 68[deg]50'
OGB1............................ 42[deg]20' 67[deg]20'
CII3............................ 42[deg]22' 67[deg]20'
SNE1............................ 40[deg]27' 65[deg]43'
OGB2............................ 40[deg]10' (\1\)
OGB3............................ 40[deg]10' 68[deg]50'
IGB1............................ 42[deg]20' 68[deg]50'
------------------------------------------------------------------------
\1\ The U.S./Canada maritime boundary as it intersects with the EEZ.
(E) SNE/MA Differential DAS Area. The SNE/MA Differential DAS Area
applies to the following stocks of regulated species or ocean pout:
SNE/MA winter flounder, SNE/MA yellowtail flounder, southern windowpane
flounder, and ocean pout. The SNE/MA Differential DAS Area is defined
as the area bounded on the north and west by the coastline of the
United States, bounded on the east and south by straight lines
connecting the following points in the order stated:
SNE/MA Differential DAS Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
G12............................. (\1\) 70[deg]00'
IGB7............................ 41[deg]20' 70[deg]00'
IGB6............................ 41[deg]20' 69[deg]50'
IGB5............................ 41[deg]10' 69[deg]50'
IGB4............................ 41[deg]10' 69[deg]30'
IGB3............................ 41[deg]00' 69[deg]30'
IGB2............................ 41[deg]00' 68[deg]50'
SNEDA1.......................... 40[deg]10' 68[deg]50'
SNEDA2.......................... 40[deg]10' 73[deg]10'
SNEDA3.......................... 39[deg]50' 73[deg]10'
SNEDA4.......................... 39[deg]50' (\2\)
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ East-facing shoreline of NJ.
(ii) Differential DAS counting factor. For determining the
differential DAS counting AM specified in this paragraph (n)(1), the
following differential DAS factor shall, except as provided for in
paragraph (n)(1)(iii) of this section, be applied to the DAS accrual
rate specified in paragraph (e)(1) of this section and implemented in a
manner consistent with the Administrative Procedure Act.
------------------------------------------------------------------------
Proportion of ACL caught Differential DAS factor
------------------------------------------------------------------------
0.5...................................... 0.5
0.6...................................... 0.6
0.7...................................... 0.7
0.8...................................... 0.8
0.9...................................... No change.
1.0...................................... No change.
1.1...................................... 1.1
1.2...................................... 1.2
1.3...................................... 1.3
1.4...................................... 1.4
1.5...................................... 1.5
1.6...................................... 1.6
1.7...................................... 1.7
1.8...................................... 1.8
1.9...................................... 1.9
2.0...................................... 2.0
------------------------------------------------------------------------
(iii) Mixed-stock exception. When determining the differential DAS
counting AM specified in this paragraph (n)(1), the Regional
Administrator shall conduct an analysis to determine whether the mixed-
stock exception, as specified in Sec. 600.310(m), may be applicable.
If the analysis concludes that the mixed-stock exception is applicable,
the Regional Administrator shall modify or not apply a differential DAS
counting AM on specific stocks, as appropriate, in accordance with the
mixed-stock exception.
(iv) Fishing year 2012. Any adjustments to DAS counting necessary
as a result of either underharvesting or overharvesting any of the sub-
ACLs specified for common pool vessels during the 2011 fishing year
pursuant to Sec. 648.90(a)(4) shall become effective and remain
effective for the duration of fishing year 2012 in addition to the
implementation of the trimester TAC AM specified in paragraph (n)(2) of
this section.
(2) Trimester TAC AM for fishing years 2012 and beyond. Beginning
in fishing year 2012, common pool vessels shall be subject to the
following restrictions:
(i) Trimester TACs. (A) Trimester TAC distribution. Any sub-ACLs
specified for common pool vessels pursuant to Sec. 648.90(a)(4) shall
be apportioned into trimesters of four months in duration, beginning at
the start of the fishing year (i.e., Trimester 1: May 1-August 31;
Trimester 2: September 1-December 31; Trimester 3: January 1-April 30),
as follows):
Portion of Common Pool Sub-ACLs Apportioned to Each Stock for Each
Trimester
------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3
Stock (percent) (percent) (percent)
------------------------------------------------------------------------
GOM Cod.......................... 27 36 37
GB Cod........................... 25 37 38
GOM Haddock...................... 27 26 47
GB Haddock....................... 27 33 40
[[Page 69434]]
CC/GOM Yellowtail Flounder....... 35 35 30
GB Yellowtail Flounder........... 19 30 52
SNE/MA Yellowtail Flounder....... 21 37 42
GOM Winter Flounder.............. 37 38 25
GB Winter Flounder............... 8 24 69
SNE/MA Winter Flounder........... 36 50 14
Witch Flounder................... 27 31 42
American Plaice.................. 24 36 40
Pollock.......................... 28 35 37
Redfish.......................... 25 31 44
White Hake....................... 38 31 31
Northern Windowpane Flounder..... 33 33 34
Southern Windowpane Flounder..... 33 33 34
Ocean Pout....................... 33 33 34
Atlantic Halibut................. 33 33 34
Atlantic Wolffish................ 75 13 12
------------------------------------------------------------------------
(B) Trimester TAC adjustment. The distribution of trimester TACs
specified in paragraph (n)(2)(i)(A) of this section may be adjusted
pursuant to the biennial adjustment process specified in Sec. 648.90.
Future adjustments to the distribution of trimester TACs shall use
catch data for the most recent 5-year period prior to the reevaluation
of trimester TACs.
(ii) Stock area closures. With the exception of both stocks of
windowpane flounder, ocean pout, and Atlantic halibut, if the Regional
Administrator projects that 90 percent of the trimester TACs specified
in paragraph (n)(2)(i) of this section will be caught based upon
available information, the Regional Administrator shall close the area
where 90 percent of the catch for each such stock occurred, according
to available VTR data and other information, to all common pool vessels
using gear capable of catching such stocks for the remainder of that
trimester, as specified in paragraphs (n)(2)(ii)(A) through (P) of this
section, in a manner consistent with the Administrative Procedure Act.
For example, if the Regional Administrator projects that 90 percent of
the CC/GOM yellowtail flounder Trimester 1 TAC will be caught, common
pool vessels using trawl and gillnet gear shall be prohibited from
fishing in the CC/GOM Yellowtail Flounder Closure Area specified in
paragraph (n)(2)(ii)(G) of this section until the beginning of
Trimester 2 on September 1 of that fishing year. For both stocks of
windowpane flounder, ocean pout, and Atlantic halibut, the Regional
Administrator shall monitor catch of these stocks and shall deduct any
projected overages of the sub-ACLs for such stocks pursuant to
paragraph (n)(2)(iii) of this section, instead of implementing a stock
area closure when a Trimester TAC for any of these stocks is projected
to be caught. Based upon all available information, the Regional
Administrator is authorized to expand or narrow the areas closed under
this paragraph (n)(2)(ii) in a manner consistent with the
Administrative Procedure Act. If it is not possible to identify an area
where only 90 percent of the catch occurred, the Regional Administrator
shall close the smallest area possible where greater than 90 percent of
the catch occurred.
(A) GB Cod Trimester TAC Area. For the purposes of the trimester
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the
GB Cod Trimester TAC Area shall apply to common pool vessels using
trawl gear, sink gillnet gear, and longline/hook gear within the area
bounded by straight lines connecting the following points in the order
stated:
GB Cod Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GB1............................. 42[deg]20' 70[deg]00'
GB2............................. 42[deg]20' (\1\)
GB3............................. 40[deg]30' 65[deg]40'
GB4............................. 40[deg]30' 66[deg]40'
GB5............................. 39[deg]50' 66[deg]40'
GB6............................. 39[deg]50' 66[deg]40'
GB7............................. 41[deg]00' 68[deg]50'
GB8............................. 41[deg]00' 69[deg]30'
GB9............................. 41[deg]10' 69[deg]30'
GB10............................ 41[deg]10' 69[deg]50'
GB11............................ 41[deg]20' 69[deg]50'
GB12............................ (\2\) 70[deg]00'
GB13............................ (\3\) 70[deg]00'
GB14............................ (\4\) 70[deg]00'
GB15............................ (\5\) 70[deg]00'
GB1............................. 42[deg]20' 70[deg]00'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
\5\ North-facing shoreline of Cape Cod, MA.
(B) GOM Cod Trimester TAC Area. For the purposes of the trimester
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the
GOM Cod Trimester TAC Area shall apply to common pool vessels using
trawl gear, sink gillnet gear, and longline/hook gear within the area
bounded on the south, west, and north by the shoreline of the United
States and bounded on the east by straight lines connecting the
following points in the order stated:
GOM Cod Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GOM1............................ (\1\) 69[deg]20'
GOM2............................ 43[deg]40' 69[deg]20'
GOM3............................ 43[deg]40' 69[deg]00'
GOM4............................ 43[deg]20' 69[deg]00'
GOM5............................ 43[deg]20' 69[deg]10'
GOM6............................ 43[deg]00' 69[deg]10'
GOM7............................ 43[deg]00' 69[deg]20'
GOM8............................ 42[deg]50' 69[deg]20'
GOM9............................ 42[deg]50' 69[deg]40'
GOM10........................... 42[deg]20' 69[deg]40'
GOM11........................... 42[deg]20' 70[deg]00'
GOM12........................... (\2\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ North-facing shoreline of Cape Cod, MA.
(C) GB Haddock Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the GB Haddock Trimester TAC Area shall apply to common pool
vessels using trawl gear, sink gillnet gear, and longline/hook gear
within the area bounded by straight lines connecting the following
points in the order stated:
[[Page 69435]]
GB Haddock Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GB1............................. 42[deg]20' 70[deg]00'
GB2............................. 42[deg]20' (\1\)
GB3............................. 40[deg]30' 65[deg]40'
GB4............................. 40[deg]30' 66[deg]40'
GB5............................. 39[deg]50' 66[deg]40'
GB6............................. 39[deg]50' 66[deg]40'
GB7............................. 41[deg]00' 68[deg]50'
GB8............................. 41[deg]00' 69[deg]30'
GB9............................. 41[deg]10' 69[deg]30'
GB10............................ 41[deg]10' 69[deg]50'
GB11............................ 41[deg]20' 69[deg]50'
GB12............................ (\2\) 70[deg]00'
GB13............................ (\3\) 70[deg]00'
GB14............................ (\4\) 70[deg]00'
GB15............................ (\5\) 70[deg]00'
GB1............................. 42[deg]20' 70[deg]00'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
\5\ North-facing shoreline of Cape Cod, MA.
(D) GOM Haddock Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the GOM Haddock Trimester TAC Area shall apply to common pool
vessels using trawl gear, sink gillnet gear, and longline/hook gear
within the area bounded on the south, west, and north by the shoreline
of the United States and bounded on the east by straight lines
connecting the following points in the order stated:
GOM Haddock Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GOM1............................ (\1\) 69[deg]20'
GOM2............................ 43[deg]40' 69[deg]20'
GOM3............................ 43[deg]40' 69[deg]00'
GOM4............................ 43[deg]20' 69[deg]00'
GOM5............................ 43[deg]20' 67[deg]40'
GOM6............................ (\2\) 67[deg]40'
GOM7............................ 42[deg]53.1' 67[deg]44.4'
GOM8............................ (\2\) 67[deg]40'
GOM9............................ 42[deg]20' 67[deg]40'
GOM10........................... 42[deg]20' 70[deg]00'
GOM10........................... (\3\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ North-facing shoreline of Cape Cod, MA.
(E) GB Yellowtail Flounder Trimester TAC Area. For the purposes of
the trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the GB Yellowtail Flounder Trimester TAC Area shall apply to
common pool vessels using trawl gear and sink gillnet gear within the
area bounded by straight lines connecting the following points in the
order stated:
GB Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GB1............................. 42[deg]20' 68[deg]50'
GB2............................. 42[deg]20' (\1\)
GB3............................. 40[deg]30' 65[deg]40'
GB4............................. 40[deg]30' 66[deg]40'
GB5............................. 39[deg]50' 66[deg]40'
GB6............................. 39[deg]50' 68[deg]50'
GB1............................. 42[deg]20' 68[deg]50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
(F) SNE/MA Yellowtail Flounder Trimester TAC Area. For the purposes
of the trimester TAC AM closure specified in paragraph (n)(2)(ii) of
this section, the SNE/MA Yellowtail Flounder Trimester TAC Area shall
apply to common pool vessels using trawl gear and sink gillnet gear
within the area bounded by straight lines connecting the following
points in the order stated:
SNE/MA Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SNEMA1.......................... (\1\) 70[deg]00'
SNEMA2.......................... (\2\) 70[deg]00'
SNEMA3.......................... (\3\) 70[deg]00'
SNEMA4.......................... 39[deg]50' 70[deg]00'
SNEMA5.......................... 39[deg]50' 71[deg]40'
SNEMA6.......................... 40[deg]00' 71[deg]40'
SNEMA7.......................... 40[deg]00' 73[deg]00'
SNEMA8.......................... (\4\) 73[deg]00'
SNEMA9.......................... 41[deg]00' (\5\)
SNEMA10......................... 41[deg]00' 71[deg]40'
SNEMA11......................... (\6\) 71[deg]40'
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ North-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Long Island, NY.
\5\ East-facing shoreline of Long Island, NY.
\6\ Intersection with RI shoreline.
(G) CC/GOM Yellowtail Flounder Trimester TAC Area. For the purposes
of the trimester TAC AM closure specified in paragraph (n)(2)(ii) of
this section, the CC/GOM Yellowtail Flounder Trimester TAC Area shall
apply to common pool vessels using trawl gear and sink gillnet gear
within the area bounded by straight lines connecting the following
points in the order stated:
CC/GOM Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
CCGOM1.......................... 42[deg]50' (\1\)
CCGOM2.......................... 42[deg]50' 69[deg]40'
CCGOM3.......................... 42[deg]20' 69[deg]40'
CCGOM4.......................... 42[deg]20' 68[deg]50'
CCGOM5.......................... 41[deg]00' 68[deg]50'
CCGOM6.......................... 41[deg]00' 69[deg]30'
CCGOM7.......................... 41[deg]10' 69[deg]30'
CCGOM8.......................... 41[deg]10' 69[deg]50'
CCGOM9.......................... 41[deg]20' 69[deg]50'
CCGOM10......................... 41[deg]20' (\2\)
CCGOM11......................... (\3\) 70[deg]00'
CCGOM12......................... (\4\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with MA shoreline.
\2\ East-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of MA.
\4\ North-facing shoreline of Nantucket, MA.
(H) American Plaice Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the American Plaice Trimester TAC Area shall apply to common
pool vessels using trawl gear within the area bounded by straight lines
connecting the following points in the order stated:
American Plaice Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
AP1............................. (\1\) 68[deg]00'
AP2............................. 44[deg]10' 67[deg]50'
AP3............................. 44[deg]00' 67[deg]50'
AP4............................. 44[deg]00' 67[deg]40'
AP5............................. (\2\) 67[deg]40'
AP6............................. 42[deg]53.1' 67[deg]44.4'
AP7............................. (\2\) 67[deg]40'
AP8............................. 41[deg]20' 67[deg]40'
AP9............................. 41[deg]10' 67[deg]40'
AP10............................ 41[deg]10' 67[deg]10'
AP11............................ 41[deg]00' 67[deg]10'
AP12............................ 41[deg]00' 67[deg]00'
AP13............................ 40[deg]50' 67[deg]00'
AP14............................ 40[deg]50' 66[deg]50'
AP15............................ 40[deg]40' 66[deg]50'
AP16............................ 40[deg]40' 66[deg]40'
AP17............................ 39[deg]50' 66[deg]40'
AP18............................ 39[deg]50' 68[deg]50'
AP19............................ 41[deg]00' 68[deg]50'
AP20............................ 41[deg]00' 69[deg]30'
AP21............................ 41[deg]10' 69[deg]30'
AP22............................ 41[deg]10' 69[deg]50'
AP23............................ 41[deg]20' 69[deg]50'
AP24............................ 41[deg]20' (\3\)
AP25............................ (\4\) 70[deg]00'
AP26............................ (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(I) Witch Flounder Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the Witch Flounder Trimester TAC Area shall apply to common
pool vessels using trawl gear within the area bounded by
[[Page 69436]]
straight lines connecting the following points in the order stated:
Witch Flounder Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
AP1............................. (\1\) 68[deg]00'
AP2............................. 44[deg]10' 67[deg]50'
AP3............................. 44[deg]00' 67[deg]50'
AP4............................. 44[deg]00' 67[deg]40'
AP5............................. (\2\) 67[deg]40'
AP6............................. 42[deg]53.1' 67[deg]44.4'
AP7............................. (\2\) 67[deg]40'
AP8............................. 41[deg]20' 67[deg]40'
AP9............................. 41[deg]10' 67[deg]40'
AP10............................ 41[deg]10' 67[deg]10'
AP11............................ 41[deg]00' 67[deg]10'
AP12............................ 41[deg]00' 67[deg]00'
AP13............................ 40[deg]50' 67[deg]00'
AP14............................ 40[deg]50' 66[deg]50'
AP15............................ 40[deg]40' 66[deg]50'
AP16............................ 40[deg]40' 66[deg]40'
AP17............................ 39[deg]50' 66[deg]40'
AP18............................ 39[deg]50' 68[deg]50'
AP19............................ 41[deg]00' 68[deg]50'
AP20............................ 41[deg]00' 69[deg]30'
AP21............................ 41[deg]10' 69[deg]30'
AP22............................ 41[deg]10' 69[deg]50'
AP23............................ 41[deg]20' 69[deg]50'
AP24............................ 41[deg]20' (\3\)
AP25............................ (\4\) 70[deg]00'
AP26............................ (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(J) GB Winter Flounder Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the GB Winter Flounder Trimester TAC Area shall apply to
common pool vessels using trawl gear within the area bounded by
straight lines connecting the following points in the order stated:
GB Winter Flounder Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GB1............................. 42[deg]20' 68[deg]50'
GB2............................. 42[deg]20' 67[deg]40'
GB3............................. 41[deg]50' 67[deg]40'
GB4............................. 41[deg]50' (\1\)
GB5............................. 40[deg]30' 65[deg]40'
GB6............................. 40[deg]30' 66[deg]40'
GB7............................. 40[deg]40' 66[deg]40'
GB8............................. 40[deg]40' 66[deg]50'
GB9............................. 40[deg]50' 66[deg]50'
GB10............................ 40[deg]50' 67[deg]00'
GB11............................ 41[deg]00' 67[deg]00'
GB12............................ 41[deg]00' 67[deg]10'
GB13............................ 41[deg]10' 67[deg]10'
GB14............................ 41[deg]10' 67[deg]00'
GB15............................ 41[deg]20' 67[deg]40'
GB16............................ 41[deg]20' 68[deg]10'
GB17............................ 41[deg]10' 68[deg]10'
GB18............................ 41[deg]10' 68[deg]20'
GB19............................ 41[deg]00' 68[deg]20'
GB20............................ 41[deg]00' 68[deg]50'
GB1............................. 42[deg]20' 68[deg]50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
(K) GOM Winter Flounder Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the GOM Winter Flounder Trimester TAC Area shall apply to
common pool vessels using trawl gear and sink gillnet gear within the
area bounded by straight lines connecting the following points in the
order stated:
GOM Winter Flounder Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GOM1............................ 42[deg]50' (\1\)
GOM2............................ 42[deg]50' 69[deg]40'
GOM3............................ 42[deg]20' 69[deg]40'
GOM4............................ 42[deg]20' 70[deg]00'
GOM5............................ (\2\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with MA shoreline.
\2\ North-facing shoreline of Cape Cod, MA.
(L) SNE/MA Winter Flounder Trimester TAC AM Closure Area. For the
purposes of the trimester TAC AM closure specified in paragraph
(n)(2)(ii) of this section, the SNE/MA Winter Flounder Trimester TAC
Areas I and II shall apply to common pool vessels using trawl gear. The
SNE/MA Winter Flounder Trimester TAC Area I is bounded by straight
lines connecting the following points in the order stated:
SNE/MA Winter Flounder Trimester TAC Area I
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SNE/MA1......................... 42[deg]20' 70[deg]00'
SNE/MA2......................... 42[deg]20' 68[deg]50'
SNE/MA3......................... 41[deg]00' 68[deg]50'
SNE/MA4......................... 41[deg]00' 69[deg]30'
SNE/MA5......................... 41[deg]10' 69[deg]30'
SNE/MA6......................... 41[deg]10' 69[deg]50'
SNE/MA7......................... 41[deg]20' 69[deg]50'
SNE/MA8......................... (\1\) 70[deg]00'
SNE/MA9......................... (\2\) 70[deg]00'
SNE/MA10........................ (\3\) 70[deg]00'
SNE/MA11........................ (\4\) 70[deg]00'
SNE/MA1......................... 42[deg]20' 70[deg]00'
------------------------------------------------------------------------
\1\ East-facing shoreline of Nantucket, MA.
\2\ North-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of Cape Cod, MA.
\4\ North-facing shoreline of Cape Cod, MA.
SNE/MA Winter Flounder Trimester TAC Area II is bound on the west
by the U.S. coastline, defined by straight lines connecting the
following points in the order stated:
SNE/MA Winter Flounder Trimester TAC Area II
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SNE/MA12........................ (\1\) 71[deg]10'
SNE/MA13........................ 41[deg]20' 71[deg]10'
SNE/MA14........................ 41[deg]20' (\2\)
SNE/MA15........................ 41[deg]20' (\3\)
SNE/MA16........................ 41[deg]20' (\4\)
SNE/MA17........................ (\5\) 70[deg]00'
SNE/MA18........................ 39[deg]50' 70[deg]00'
SNE/MA19........................ 39[deg]50' 71[deg]40'
SNE/MA20........................ 40[deg]00' 71[deg]40'
SNE/MA21........................ 40[deg]00' (\6\)
------------------------------------------------------------------------
\1\ Intersection with RI shoreline.
\2\ West-facing shoreline of Martha's Vineyard, MA.
\3\ East-facing shoreline of Martha's Vineyard, MA.
\4\ West-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Nantucket, MA.
\6\ Intersection with NJ shoreline.
(M) Redfish Trimester TAC Area. For the purposes of the trimester
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the
Redfish Trimester TAC Area shall apply to common pool vessels using
trawl gear within the area bounded by straight lines connecting the
following points in the order stated:
Redfish Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RF1............................. (\1\) 69[deg]20'
RF2............................. 43[deg]40' 69[deg]20'
RF3............................. 43[deg]40' 69[deg]00'
RF4............................. 43[deg]20' 69[deg]00'
RF5............................. 43[deg]20' 67[deg]40'
RF6............................. (\2\) 67[deg]40'
RF7............................. 42[deg]53.1' 67[deg]44.4'
RF8............................. (\2\) 67[deg]40'
RF9............................. 41[deg]20' 67[deg]40'
RF10............................ 41[deg]20' 68[deg]10'
RF11............................ 41[deg]10' 68[deg]10'
RF12............................ 41[deg]10' 68[deg]20'
RF13............................ 41[deg]00' 68[deg]20'
RF14............................ 41[deg]00' 69[deg]30'
RF15............................ 41[deg]10' 69[deg]30'
RF16............................ 41[deg]10' 69[deg]50'
RF17............................ 41[deg]20' 69[deg]50'
RF18............................ (\3\) 70[deg]00'
RF19............................ (\4\) 70[deg]00'
RF20............................ (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(N) White Hake Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the White Hake Trimester TAC Area shall apply to common pool
vessels using trawl gear,
[[Page 69437]]
sink gillnet gear, and longline/hook gear within the area bounded by
straight lines connecting the following points in the order stated:
White Hake Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RF1............................. (\1\) 69[deg]20'
RF2............................. 43[deg]40' 69[deg]20'
RF3............................. 43[deg]40' 69[deg]00'
RF4............................. 43[deg]20' 69[deg]00'
RF5............................. 43[deg]20' 67[deg]40'
RF6............................. (\2\) 67[deg]40'
RF7............................. 42[deg]53.1' 67[deg]44.4'
RF8............................. (\2\) 67[deg]40'
RF9............................. 41[deg]20' 67[deg]40'
RF10............................ 41[deg]20' 68[deg]10'
RF11............................ 41[deg]10' 68[deg]10'
RF12............................ 41[deg]10' 68[deg]20'
RF13............................ 41[deg]00' 68[deg]20'
RF14............................ 41[deg]00' 69[deg]30'
RF15............................ 41[deg]10' 69[deg]30'
RF16............................ 41[deg]10' 69[deg]50'
RF17............................ 41[deg]20' 69[deg]50'
RF18............................ (\3\) 70[deg]00'
RF19............................ (\4\) 70[deg]00'
RF20............................ (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(O) Pollock Trimester TAC Area. For the purposes of the trimester
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the
Pollock Trimester TAC Area shall apply to common pool vessels using
trawl gear, sink gillnet gear, and longline/hook gear within the area
bounded by straight lines connecting the following points in the order
stated:
Pollock Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RF1............................. (\1\) 69[deg]20'
RF2............................. 43[deg]40' 69[deg]20'
RF3............................. 43[deg]40' 69[deg]00'
RF4............................. 43[deg]20' 69[deg]00'
RF5............................. 43[deg]20' 67[deg]40'
RF6............................. (\2\) 67[deg]40'
RF7............................. 42[deg]53.1' 67[deg]44.4'
RF8............................. (\2\) 67[deg]40'
RF9............................. 41[deg]20' 67[deg]40'
RF10............................ 41[deg]20' 68[deg]10'
RF11............................ 41[deg]10' 68[deg]10'
RF12............................ 41[deg]10' 68[deg]20'
RF13............................ 41[deg]00' 68[deg]20'
RF14............................ 41[deg]00' 69[deg]30'
RF15............................ 41[deg]10' 69[deg]30'
RF16............................ 41[deg]10' 69[deg]50'
RF17............................ 41[deg]20' 69[deg]50'
RF18............................ (\3\) 70[deg]00'
RF19............................ (\4\) 70[deg]00'
RF20............................ (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(P) Atlantic Wolfish Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the Atlantic Wolfish Trimester TAC Area shall apply to common
pool vessels using trawl gear and sink gillnet gear within the area
bounded by straight lines connecting the following points in the order
stated:
Atlantic Wolfish Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
ATWLF1.......................... (\1\) 69[deg]20'
ATWLF2.......................... 43[deg]40' 69[deg]20'
ATWLF3.......................... 43[deg]40' 69[deg]00'
ATWLF4.......................... 43[deg]20' 69[deg]00'
ATWLF5.......................... 43[deg]20' 69[deg]10'
ATWLF6.......................... 43[deg]00' 69[deg]10'
ATWLF7.......................... 43[deg]00' 69[deg]20'
ATWLF8.......................... 42[deg]50' 69[deg]20'
ATWLF9.......................... 42[deg]50' 69[deg]40'
ATWLF10......................... 42[deg]20' 69[deg]40'
ATWLF11......................... 42[deg]20' 67[deg]40'
ATWLF12......................... 41[deg]20' 67[deg]40'
ATWLF13......................... 41[deg]20' 68[deg]10'
ATWLF14......................... 41[deg]10' 68[deg]10'
ATWLF15......................... 41[deg]10' 68[deg]20'
ATWLF16......................... 41[deg]00' 68[deg]20'
ATWLF17......................... 41[deg]00' 69[deg]30'
ATWLF18......................... 41[deg]10' 69[deg]30'
ATWLF19......................... 41[deg]10' 69[deg]50'
ATWLF20......................... 41[deg]20' 69[deg]50'
ATWLF21......................... (\2\) 70[deg]00'
ATWLF22......................... (\3\) 70[deg]00'
ATWLF23......................... (\4\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
(iii) Trimester TAC overage/underage. If any trimester TAC, as
specified in paragraph (n)(2)(i) of this section, is not caught during
Trimester 1 or 2, the uncaught portion of the trimester TAC shall be
carried forward into the next trimester. Uncaught portions of any
trimester TAC following Trimester 3 may not be carried over into the
following fishing year. If any trimester TAC is exceeded during the
Trimesters 1 or 2, the overage shall be deducted from the Trimester 3
TAC for that stock. If the entire sub-ACL for a particular stock that
is allocated to the common pool is exceeded (i.e., the common pool
catch of that stock at the end of the fishing year, including the
common pool's share of any overage of the overall ACL for a particular
stock caused by excessive catch by other sub-components of the fishery
pursuant to Sec. 648.90(a)(5), exceeds all three trimester TACs for
that stock combined), an amount equal to the overage shall be deducted
from the sub-ACL for that stock that is allocated to common pool
vessels pursuant to Sec. 648.90(a)(4) for the following fishing year.
(iv) Monitoring requirements. Starting in fishing year 2012 (May 1,
2012), landings of regulated species or ocean pout by common pool
vessels shall be monitored at the point of offload by independent,
third-part service providers approved/certified to provide such
services by NMFS, as specified in paragraphs (n)(2)(iv)(A) and (B) of
this section. These service providers shall deploy dockside monitors to
monitor the offload of catch directly to a dealer and roving monitors
to monitor the offload of catch onto a truck for subsequent shipment to
a dealer. The costs associated with monitoring vessel offloads shall be
the responsibility of individual vessels and an individual vessel may
only use one dockside monitoring service provider per fishing year.
Both common pool vessels and service providers providing offloading
monitoring services will be subject to the requirements specified in
Sec. 648.87(b)(5).
(A) Coverage levels. At least 20 percent of the trips taken by
vessels operating under the provisions of the common pool shall be
monitored. To ensure that this level of coverage is achieved, if a trip
has been selected to be observed by a dockside/roving monitor, all
offloading events associated with that trip must be monitored by a
dockside/roving monitor, as specified in paragraph (n)(2) of this
section. For example, a vessel offloading at more than one dealer or
facility must have a dockside/roving monitor present during offload at
each location. All landing events at remote ports that are selected to
be observed by a dockside/roving monitor will be required to have a
roving monitor present to witness offload activities to the truck, as
well as a dockside monitor present at each dealer to certify weigh-out
of all landings. Any service provider providing dockside/monitoring
services required under this paragraph (n)(2)(iv) must ensure that
coverage is randomly distributed among all such trips and that the
landing events monitored are representative of fishing operations by
common pool vessels throughout the fishing year, unless otherwise
directed.
(B) Dockside/roving monitor service provider standards. For fishing
year 2012 and beyond, a common pool vessel must employ a service
provider approved/certified by NMFS to provide dockside/roving monitor
services, as identified by the Regional Administrator. To be approved/
certified to provide the services specified in
[[Page 69438]]
paragraph (n)(2) of this section, dockside/roving monitor service
providers must meet the standards listed in Sec. 648.87(b)(4).
(v) Adjustments to trimester TACs. The distribution of trimester
TACs specified in paragraph (n)(2)(i) of this section may be revised
pursuant to the biennial adjustment or framework process specified in
Sec. 648.90(a)(2) and shall use the distribution of landings of the
most recent 5-year period available.
(vi) Trip limit adjustment. When 60 percent of the northern or
southern windowpane flounder, ocean pout, or Atlantic halibut sub-ACLs
specified for common pool vessels pursuant to Sec.
648.90(a)(4)(iii)(E)(2) is projected to be caught, the Regional
Administrator may specify a possession limit for these stocks that is
calculated to prevent the yearly sub-ACL from being exceeded prior to
the end of the fishing year.
12. In Sec. 648.83, revise paragraph (a)(1) to read as follows:
Sec. 648.83 Multispecies minimum fish sizes.
(a) * * *
(1) Minimum fish sizes for recreational vessels and charter/party
vessels that are not fishing under a NE multispecies DAS are specified
in Sec. 648.89. Except as provided in Sec. 648.17, all other vessels
are subject to the following minimum fish sizes, determined by total
length (TL):
Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
Species Size (inches)
------------------------------------------------------------------------
Cod....................................... 22 (55.9 cm)
Haddock................................... 18 (45.7 cm)
Pollock................................... 19 (48.3 cm)
Witch flounder (gray sole)................ 14 (35.6 cm)
Yellowtail flounder....................... 13 (33.0 cm)
American plaice (dab)..................... 14 (35.6 cm)
Atlantic halibut.......................... 41 (104.1 cm)
Winter flounder (blackback)............... 12 (30.5 cm)
Redfish................................... 9 (22.9 cm)
------------------------------------------------------------------------
* * * * *
13. In Sec. 648.85:
a. Revise the introductory text to paragraph (a)(1), (a)(3),
(a)(3)(iii), (b)(8)(v)(A);
b. Revise paragraphs (a)(2), (a)(3)(i) and (ii), (a)(3)(iv) and
(v), (a)(3)(vii), (b)(3) through (5), (b)(6)(iv)(D) through (F),
(b)(6)(iv)(H) and (I), (b)(6)(iv)(J)(1), (b)(6)(v), (b)(7), (b)(8)(i),
(b)(8)(v)(A)(2) through (4), (b)(8)(v)(B), (b)(8)(v)(D),
(b)(8)(v)(E)(1) and (3), (b)(8)(v)(F), (b)(8)(v)(H) and (I), and (d);
and
c. Add paragraphs (b)(6)(iv)(J)(4), (b)(9), and (e) to read as
follows:
Sec. 648.85 Special management programs.
* * * * *
(a) * * *
(1) U.S./Canada Management Areas. A vessel issued a NE multispecies
permit that meets the requirements of paragraph (a)(3) of this section
may fish in the U.S./Canada Management Areas described in paragraphs
(a)(1)(i) and (ii) of this section.
* * * * *
(2) TAC allocation--(i) Process for establishing TACs. The amount
of GB cod and haddock TAC that may be harvested from the Eastern U.S./
Canada Area described in paragraph (a)(1)(ii) of this section, and the
amount of GB yellowtail flounder TAC that may be harvested from the
Western U.S./Canada Area and the Eastern U.S./Canada Area, as described
in paragraphs (a)(1)(i) and (ii) of this section, combined, shall be
determined by the process specified in paragraphs (a)(2)(i)(A) through
(D) of this section.
(A) To the extent practicable, by June 30 of each year, the Terms
of Reference for the U.S./Canada shared resources for GB cod, haddock,
and yellowtail flounder shall be established by the Steering Committee
and the Transboundary Management Guidance Committee (TMGC).
(B) To the extent practicable, by July 31 of each year, a
Transboundary Resource Assessment Committee (TRAC) joint assessment of
the U.S./Canada shared resources for GB cod, haddock and yellowtail
flounder shall occur.
(C) To the extent practicable, by August 31 of each year, the TMGC
shall recommend TACs for the U.S./Canada shared resources for GB cod,
haddock, and yellowtail flounder. Prior to October 31 of each year, the
Council may refer any or all recommended TACs back to the TMGC and
request changes to any or all TACs. The TMGC shall consider such
recommendations and respond to the Council prior to October 31.
(D) To the extent practicable, by October 31 of each year, the
Council shall review the TMGC recommended TACs for the U.S. portion of
the U.S./Canada Management Area resources for GB cod, haddock, and
yellowtail flounder. Based on the TMGC recommendations, the Council
shall recommend to the Regional Administrator the U.S. TACs for the
shared stocks for the subsequent fishing year as a subset of the ACLs
for these stocks available to the commercial fishery pursuant to Sec.
648.90(a)(4). NMFS shall review the Council's recommendations and shall
publish the proposed TACs in the Federal Register and provide a 30-day
public comment period. NMFS shall make a final determination concerning
the TACs and publish notification of the approved TACs and responses to
public comments in the Federal Register. The Council, at this time,
may also consider modification of management measures in order to
ensure compliance with the U.S./Canada Resource Sharing Understanding.
Any changes to management measures will be modified pursuant to Sec.
648.90.
(ii) Adjustments to TACs. Any overages of the GB cod and GB haddock
TACs specified for either the common pool or individual Sectors, or any
overages of the GB yellowtail flounder TAC specified for the common
pool, individual Sectors, or the scallop fishery pursuant to this
paragraph (a)(2) that occur in a given fishing year will be subtracted
from the respective TAC in the following fishing year.
(iii) Distribution of TACs. For stocks managed by the U.S./Canada
Resource Sharing Understanding, as specified in paragraph (a)(1) of
this section, the TAC allocation determined pursuant to this paragraph
(a)(2) shall be distributed between Sectors approved pursuant to Sec.
648.87(c), common pool vessels, and scallop vessels, as specified in
Sec. 648.90(a)(4). Approved Sectors will be allocated ACE for Eastern
GB cod and Eastern GB haddock proportional to the Sector's allocation
of the overall ACL for these stocks, based upon the fishing histories
of Sector vessels, as specified in Sec. 648.87(b)(1)(i). Any ACE for
Eastern GB cod and Eastern GB haddock allocated to an individual Sector
is considered a subset of the overall GB cod and GB haddock ACE
allocated to that Sector and may only be harvested from the Eastern
U.S./Canada Area, while the remaining ACE for GB cod and GB haddock
available to that Sector may only be harvested outside of the Eastern
U.S./Canada Area. Any ACE allocated to that sector For example, if a
Sector is allocated 10 percent of the GB haddock ACL, it will also be
allocated 10 percent of the Eastern GB haddock TAC for that particular
fishing year.
(3) Requirements for vessels in U.S./Canada Management Areas. Any
common pool or Sector vessel, provided the Sector to which a vessel
belongs is allocated ACE for stocks caught in the Eastern U.S./Canada
Area pursuant to paragraph (a)(2)(iii) of this section and Sec.
648.87(b)(1)(i), may fish in the U.S./Canada Management Areas, provided
it complies with conditions and restrictions of this section. A vessel
other than a NE multispecies vessel may
[[Page 69439]]
fish in the U.S./Canada Management Area, subject to the restrictions
specified in paragraph (a)(3)(iv)(E) of this section and all other
applicable regulations for such vessels.
(i) VMS requirement. A NE multispecies vessel fishing in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section
must have installed on board an operational VMS unit that meets the
minimum performance criteria specified in Sec. Sec. 648.9 and 648.10.
(ii) Declaration. To fish in the U.S./Canada Management Area under
a NE multispecies DAS or on a Sector trip, a NE multispecies vessel
must declare through the VMS the specific area within the U.S./Canada
Management Areas, as described in paragraphs (a)(1)(i) or (ii) of this
section, or the specific SAP within the U.S./Canada Management Areas,
as described in paragraph (b) of this section, the vessel will be
fishing in prior to leaving the dock, in accordance with instructions
to be provided by the Regional Administrator, and must comply with the
restrictions and conditions in paragraphs (a)(3)(ii)(A) through (C) of
this section. Vessels other than NE multispecies vessels are not
required to declare into the U.S./Canada Management Areas.
(A) A common pool vessel fishing under a NE multispecies DAS in the
Eastern U.S./Canada Area may fish both inside and outside of the
Eastern U.S./Canada Area on the same trip, provided it complies with
the most restrictive DAS counting requirements specified in Sec.
648.10(e)(5), trip limits, and reporting requirements for the areas
fished for the entire trip, and the restrictions specified in
paragraphs (a)(3)(ii)(A)(1) through (4) of this section. A vessel on a
Sector trip may fish both inside and outside of the Eastern U.S./Canada
Area on the same trip, provided it complies with the restrictions
specified in paragraphs (a)(3)(ii)(A)(1) through (3) of this section.
When a vessel operator elects to fish both inside and outside of the
Eastern U.S./Canada Area, all cod, haddock, and yellowtail flounder
caught on that trip shall count toward the applicable hard TAC
specified for the U.S./Canada Management Area.
(1) The vessel operator must notify NMFS via VMS prior to leaving
the Eastern U.S./Canada Area (including at the time of initial
declaration into the Eastern U.S./Canada Area) that it is also electing
to fish outside the Eastern U.S./Canada Area, as instructed by the
Regional Administrator. With the exception of vessels participating in
the Regular B DAS Program and fishing under a Regular B DAS and vessels
on a Sector trip that are not fishing under a NE multispecies DAS for
the purposes of complying with the restrictions of other fisheries,
once a vessel elects to fish outside of the Eastern U.S./Canada Area,
Category A DAS shall accrue from the time the vessel crosses the VMS
Demarcation Line at the start of its fishing trip until the time the
vessel crosses the VMS Demarcation Line on its return to port, in
accordance with Sec. 648.10(e)(5)(iii).
(2) Unless otherwise exempted pursuant to this part, the vessel
must comply with the reporting requirements of the U.S./Canada
Management Area specified in Sec. 648.85(a)(3)(v) for the duration of
the trip.
(3) [Reserved]
(4) If a common pool vessel fishing under a NE multispecies DAS
possesses yellowtail flounder in excess of the trip limits for CC/GOM
yellowtail flounder or SNE/MA yellowtail flounder, as specified in
Sec. 648.86(g), the vessel may not fish in either the CC/GOM or SNE/MA
yellowtail flounder stock area during that trip (i.e., may not fish
outside of the U.S./Canada Management Area).
(B) A common pool vessel fishing under a NE multispecies DAS in the
Western U.S./Canada Area may fish inside and outside the Western U.S./
Canada Area on the same trip, provided it complies with the more
restrictive regulations applicable to the area fished for the entire
trip (e.g., the possession restrictions specified in paragraph
(a)(3)(iv)(C)(4) of this section), and the reporting requirements
specified in Sec. 648.85(a)(3)(v). A vessel on a Sector trip in the
Western U.S./Canada Area may fish inside and outside the Western U.S./
Canada Area on the same trip, provided it complies with the more
restrictive reporting requirements specified in Sec. 648.85(a)(3)(v),
unless otherwise exempted pursuant to this part.
(C) For the purposes of selecting vessels for observer deployment,
a vessel fishing in either of the U.S./Canada Management Areas
specified in paragraph (a)(1) of this section must provide notice to
NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; and the date, time, and port
of departure, at least 48 hr prior to the beginning of any trip that it
declares into the U.S./Canada Management Area as required under this
paragraph (a)(3)(ii).
(iii) Gear requirements. A NE multispecies vessel fishing with
trawl gear in the Eastern U.S./Canada Area defined in paragraph
(a)(1)(ii) of this section, unless otherwise provided in paragraphs
(b)(6) and (8) of this section, must fish with a Ruhle trawl, as
described in paragraph (b)(6)(iv)(J)(1) of this section, or a haddock
separator trawl, or a flounder trawl net, as described in paragraphs
(a)(3)(iii)(A) and (B) of this section (all three nets may be onboard
the fishing vessel simultaneously). Unless otherwise restricted by
Sec. 648.80(n), gear other than the Ruhle trawl, haddock separator
trawl, or the flounder trawl net, or gear authorized under paragraphs
(b)(6) and (8) of this section, may be on board the vessel during a
trip to the Eastern U.S./Canada Area, provided the gear is stowed
according to the regulations in Sec. 648.23(b). The description of the
haddock separator trawl and the flounder trawl net, and the description
of the Ruhle trawl may be further specified by the Regional
Administrator through publication of such specifications in the Federal
Register, in a manner consistent with the Administrative Procedure Act.
* * * * *
(iv) Harvest controls. Unless otherwise specified in this paragraph
(a)(3)(iv), any NE multispecies vessel fishing in the U.S./Canada
Management Areas is subject to the following restrictions. For common
pool vessels, the trip limits specified in this paragraph (a)(3)(iv)
are in addition to any other possession or landing limits applicable to
vessels not fishing in the U.S./Canada Management Areas. A Sector
vessel is subject to the trip limits specified in Sec.
648.87(b)(1)(ix).
(A) Cod landing limit restrictions. Notwithstanding other
applicable possession and landing restrictions under this part, a
common pool vessel fishing in the Eastern U.S./Canada Area described in
paragraph (a)(1)(ii) of this section may not land more than 500 lb
(226.8 kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268
kg) per trip. A vessel fishing in the Eastern U.S./Canada Area may be
further restricted by participation in other Special Management
Programs, as required under this section.
(1) Initial cod landing limit. Unless modified pursuant to
paragraph (a)(3)(iv)(D) of this section, notwithstanding other
applicable possession and landing restrictions under this part, a
common pool vessel fishing in the Eastern U.S./Canada Area described in
paragraph (a)(1)(ii) of this section may not land more than 500 lb
(226.8 kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268
kg) per trip. A vessel fishing in the Eastern U.S./Canada Area may be
further restricted by participation in other
[[Page 69440]]
Special Management Programs, as required under this section.
(2) Possession restriction when 100 percent of TAC is harvested.
When the Regional Administrator projects that 100 percent of the TAC
allocation for cod specified in paragraph (a)(2) of this section will
be harvested, NMFS shall, in a manner consistent with the
Administrative Procedure Act, close the Eastern U.S./Canada Area to NE
multispecies DAS vessels as specified in paragraph (a)(3)(iv)(E) of
this section, and prohibit all vessels from harvesting, possessing, or
landing haddock in or from the Eastern U.S./Canada Area.
(B) Haddock landing limit--(1) Initial haddock landing limit. The
initial haddock landing limit for common pool vessels is specified in
Sec. 648.86(a), unless adjusted pursuant to paragraphs
(a)(3)(iv)(B)(2) and (3) of this section.
(2) Implementation of haddock landing limit for Eastern U.S./Canada
Area. When the Regional Administrator projects that 70 percent of the
haddock TAC allocation specified for common pool vessels, as described
in paragraph (a)(2) of this section, will be harvested, NMFS shall
implement, in a manner consistent with the Administrative Procedure
Act, a haddock trip limit for common pool vessels fishing in the
Eastern U.S./Canada Area of 1,500 lb (680.4 kg) per day, and 15,000 lb
(6,804.1 kg) per trip.
(3) Possession restriction when 100 percent of TAC is harvested.
When the Regional Administrator projects that 100 percent of the TAC
allocation for haddock distributed to either common pool vessels or a
particular Sector, as specified in paragraph (a)(2) of this section,
will be harvested, NMFS shall, in a manner consistent with the
Administrative Procedure Act, close the Eastern U.S./Canada Area to all
limited access NE multispecies vessels subject to that particular TAC
allocation, as specified in paragraph (a)(3)(iv)(E) of this section,
and prohibit such vessels and all other vessels not issued a limited
access NE multispecies permit from harvesting, possessing, or landing
haddock in or from the Eastern U.S./Canada Area.
(C) Yellowtail flounder landing limit--(1) Initial yellowtail
flounder landing limit. Unless further restricted under paragraphs
(a)(3)(iv)(C)(2) or (D) of this section (gear performance incentives),
or modified pursuant to paragraph (a)(3)(iv)(D) of this section, there
is no initial limit to the amount of yellowtail flounder that could be
landed for each fishing year.
(2) Regional Administrator authority to adjust the yellowtail
flounder landing limit mid-season. If, based upon available
information, the Regional Administrator projects that the yellowtail
flounder catch may exceed the yellowtail flounder TAC for a fishing
year, the Regional Administrator may implement, adjust, or remove the
yellowtail flounder landing limit at any time during that fishing year
in order to prevent yellowtail flounder catch from exceeding the TAC,
or to facilitate harvesting the TAC, in a manner consistent with the
Administrative Procedure Act. If, based upon available information, the
Regional Administrator projects that the yellowtail flounder catch is
less than 90 percent of the TAC, the Regional Administrator may adjust
or remove the yellowtail flounder landing limit at any time during the
fishing year in order to facilitate the harvest of the TAC, in a manner
consistent with the Administrative Procedure Act. The Regional
Administrator may specify yellowtail flounder trip limits that apply to
the entire U.S./Canada Management Area or to only the Western or
Eastern Area.
(3) Possession restriction when 100 percent of TAC is harvested.
When the Regional Administrator projects that 100 percent of the TAC
allocation for yellowtail flounder distributed to either common pool
vessels or a particular Sector, as specified in paragraph (a)(2) of
this section, will be harvested, NMFS shall, in a manner consistent
with the Administrative Procedure Act, close the Eastern U.S./Canada
Area to all limited access NE multispecies vessels subject to that
particular TAC allocation, as specified in paragraph (a)(3)(iv)(E) of
this section, and prohibit such vessels and all other vessels not
issued a limited access NE multispecies permit from harvesting,
possessing, or landing yellowtail flounder from the U.S./Canada
Management Area.
(4) Yellowtail flounder landing limit for vessels fishing both
inside and outside the Western U.S./Canada Area on the same trip. A
vessel fishing both inside and outside of the Western U.S./Canada Area
on the same trip, as allowed under paragraph (a)(3)(ii)(B) of this
section, is subject to the most restrictive landing limits that apply
to any of the areas fished, for the entire trip.
(D) Other restrictions or inseason adjustments. In addition to the
possession restrictions specified in paragraph (a)(3)(iv) of this
section, the Regional Administrator, in a manner consistent with the
Administrative Procedure Act, may modify the gear requirements, modify
or close access to the U.S./Canada Management Areas, or modify the
total number of trips into the U.S./Canada Management Area, to prevent
over-harvesting or to facilitate achieving the TAC specified in
paragraph (a)(2) of this section. Such adjustments may be made at any
time during the fishing year, or prior to the start of the fishing
year. If necessary to give priority to using Category A DAS versus
using Category B DAS, the Regional Administrator may implement
different management measures for vessels using Category A DAS than for
vessels using Category B DAS. If the Regional Administrator, under this
authority, requires use of a particular gear type in order to reduce
catches of stocks of concern, unless further restricted elsewhere in
this part, the following gear performance incentives will apply:
Possession of flounders (all species combined), monkfish, and skates is
limited to 500 lb (226.8 kg) (whole weight) each (i.e., no more than
500 lb (226.8 kg) of all flounders, no more than 500 lb (226.8 kg) of
monkfish, and no more than 500 lb (226.8 kg) of skates), and possession
of lobsters is prohibited.
(E) Closure of Eastern U.S./Canada Area. Based upon available
information, when the Regional Administrator projects that any
individual TAC allocation specified in paragraph (a)(2)(iii) of this
section will be caught, NMFS shall close, in a manner consistent with
the Administrative Procedure Act, the Eastern U.S./Canada Area to all
vessels subject to that particular TAC allocation, unless otherwise
allowed under this paragraph (a)(3)(iv)(E). For example, if the Eastern
GB cod TAC specified for common pool vessels is projected to be caught,
NMFS shall close the Eastern U.S./Canada Area to all common pool
vessels operating under a NE multispecies DAS. Should the Eastern U.S./
Canada Area close as described in this paragraph (a)(3)(iv)(E), common
pool vessels fishing under a DAS may continue to fish in a SAP within
the Eastern U.S./Canada Area, provided that the TAC for the target
stock identified for that particular SAP (i.e., haddock for the Eastern
U.S./Canada Haddock SAP or haddock or yellowtail flounder for the CA II
Yellowtail Flounder/Haddock SAP) has not been fully harvested. A vessel
fishing on a Sector trip may only fish in a SAP if that vessel's Sector
has ACE available for all stocks caught in that SAP. For example,
should the GB cod TAC allocation specified for common pool vessels in
paragraph (a)(2)(iii) of this section be attained, and the Eastern
U.S./Canada Area closure implemented for common pool vessels, common
pool vessels could continue to fish for yellowtail flounder within the
SAP
[[Page 69441]]
identified as the Closed Area II Yellowtail Flounder/Haddock SAP,
described in paragraph (b)(3) of this section, in accordance with the
requirements of that program. Upon closure of the Eastern U.S./Canada
Area, vessels may transit through this area as described in paragraph
(a)(1)(ii) of this section, provided that its gear is stowed in
accordance with the provisions of Sec. 648.23(b), unless otherwise
restricted under this part.
(v) Reporting. The owner or operator of a common pool vessel must
submit reports via VMS, in accordance with instructions provided by the
Regional Administrator, for each day of the fishing trip when declared
into either of the U.S./Canada Management Areas. A vessel fishing on a
Sector trip is subject to the reporting requirements specified in this
paragraph (a)(3)(v) unless the Regional Administrator determines that
weekly Sector catch reports, as required by Sec. 648.87(b)(1)(v), are
sufficient to monitor Sector catch within the U.S./Canada Management
Areas, and the Regional Administrator makes that determination in a
manner consistent with the Administrative Procedure Act. Vessels
subject to this reporting requirement must continue to report daily,
even after exiting the U.S./Canada Management Area. The reports must be
submitted in 24-hr intervals for each day, beginning at 0000 hr and
ending at 2359 hr, and must be submitted by 0900 hr of the following
day, or as instructed by the Regional Administrator. The reports must
include at least the following information:
(A) VTR serial number or other universal ID specified by the
Regional Administrator;
(B) Date fish were caught; and
(C) Total pounds of cod, haddock, yellowtail flounder, winter
flounder, witch flounder, pollock, American plaice, redfish, Atlantic
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds,
live weight) in each broad stock area, specified in Sec. 648.10(k)(3),
as instructed by the Regional Administrator.
* * * * *
(vii) Transiting. A NE multispecies vessel that has declared into
the Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of
this section, and that is not fishing in the CA II Yellowtail Flounder/
Haddock SAP described in paragraph (b)(3) of this section, may transit
the CA II Yellowtail Flounder/Haddock SAP Area, as described in
paragraph (b)(3)(ii) of this section, provided all fishing gear is
stowed in accordance with the regulations in Sec. 648.23(b).
* * * * *
(b) * * *
(3) Closed Area II Yellowtail Flounder/Haddock SAP--(i)
Eligibility. Any vessel issued a valid limited access NE multispecies
permit fishing under a NE multispecies DAS or on a Sector trip,
provided the Sector to which the vessel belongs has been allocated ACE
for all stocks that may be caught within the Eastern U.S./Canada Area
pursuant to Sec. 648.87(b)(1)(i), are eligible to participate in the
Closed Area II Yellowtail Flounder/Haddock SAP, and may fish in the
Closed Area II Yellowtail Flounder/Haddock Access Area, as described in
paragraph (b)(3)(ii) of this section, for the period specified in
paragraph (b)(3)(iii) of this section, provided the Eastern U.S./Canada
Area, as described in paragraph (a)(1)(ii) of this section, is not
closed according to the provisions specified in paragraph (a)(3)(iv)(E)
of this section, or that the Sector to which a vessel belongs no longer
has ACE available for all stocks caught within the Eastern U.S./Canada
Area pursuant to Sec. 648.87(b)(1)(i). All eligible vessels must
comply with the requirements of this section, unless otherwise
specified in this paragraph (b)(3).
(ii) Closed Area II Yellowtail Flounder/Haddock SAP Area. The
Closed Area II Yellowtail Flounder/Haddock SAP Area is the area defined
by straight lines connecting the following points in the order stated:
Closed Area II Yellowtail Flounder/Haddock SAP Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
Ytail 1......................... 41[deg]30' 67[deg]20'
Ytail 2......................... 41[deg]30' 66[deg]34.8'
G5.............................. 41[deg]18.6' 66[deg]24.8'1
CII 2........................... 41[deg]00' 66[deg]35.8'
CII 1........................... 41[deg]00' 67[deg]20'
Ytail 1......................... 41[deg]30' 67[deg]20'
------------------------------------------------------------------------
(iii) Season--(A) Season when the CA II Yellowtail Flounder/
Haddock SAP is open to target yellowtail flounder. When the CA II
Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder,
as specified in paragraph (b)(3)(vii) of this section, eligible vessels
may fish in the Closed Area II Yellowtail Flounder/Haddock SAP from
July 1 through December 31.
(B) Season when the CA II Yellowtail Flounder/Haddock SAP is open
only to target haddock. When the CA II Yellowtail Flounder/Haddock SAP
is open only to target haddock, as specified in paragraph (b)(3)(vii)
of this section, eligible vessels may fish in the CA II Yellowtail
Flounder/Haddock SAP from August 1 through January 31.
(iv) VMS requirement. All NE multispecies vessels fishing in the
U.S./Canada Management Areas described in paragraph (a)(1) of this
section must have installed on board an operational VMS unit that meets
the minimum performance criteria specified in Sec. Sec. 648.9 and
648.10.
(v) Declaration. For the purposes of selecting vessels for observer
deployment, a vessel must provide notice to NMFS of the vessel name;
contact name for coordination of observer deployment; telephone number
for contact; date, time and port of departure; and special access
program to be fished, at least 48 hr prior to the beginning of any trip
that it declares into the SAP as required under this paragraph
(b)(3)(v). To fish in the Closed Area II Yellowtail Flounder/Haddock
SAP, a vessel must declare into this area through the VMS prior to
departure from port, in accordance with instructions provided by the
Regional Administrator. A vessel declared into the Closed Area II
Yellowtail Flounder/Haddock SAP may also fish in the area outside the
Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of this
section, on the same trip, provided the vessel also declares into this
area prior to departure from port and fishes under the most restrictive
DAS counting requirements specified in Sec. 648.10(e)(5), trip limits,
and reporting requirements for the areas fished during the entire trip.
(vi) Number of trips per vessel--(A) Number of trips allowed when
the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail
flounder. When the CA II Yellowtail Flounder/Haddock SAP is open to
target yellowtail flounder, as specified in paragraph (b)(3)(vii) of
this section, eligible common pool vessels are restricted to one trip
per calendar month during the season described in paragraph (b)(3)(iii)
of this section.
(B) Number of trips allowed when the CA II Yellowtail Flounder/
Haddock SAP is open only to target haddock. When the CA II Yellowtail
Flounder/Haddock SAP is open only to target haddock, as specified in
paragraph (b)(3)(vii) of this section, there is no limit on the number
of trips that can be taken by eligible vessels during the season
described in paragraph (b)(3)(iii) of this section.
(vii) Opening criteria--(A) Opening the CA II Yellowtail Flounder/
Haddock SAP to target yellowtail flounder. Unless otherwise authorized
by the Regional Administrator, as specified in paragraph
[[Page 69442]]
(a)(3)(iv)(D) of this section, the total number of allowed trips by
common pool vessels that may be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP for each fishing year shall be as
announced by the Regional Administrator on or about June 1, after
consultation with the Council, in a manner consistent with the
Administrative Procedure Act. Except as provided in paragraph
(b)(3)(vii)(B) of this section, the total number of trips by all common
pool vessels that may be declared into this SAP when the SAP is open to
target yellowtail flounder shall not exceed 320 per year. When
determining the total number of trips, the Regional Administrator shall
consider the available yellowtail flounder TAC under the U.S./Canada
Resource Sharing Understanding, the potential catch of GB yellowtail
flounder by all vessels fishing outside of the SAP, recent discard
estimates in all fisheries that catch yellowtail flounder, the expected
number of SAP participants, and any other available information. If the
Regional Administrator determines that the available catch, as
determined by subtracting the potential catch of GB yellowtail flounder
by all vessels outside of the SAP from the GB yellowtail flounder TAC
allocation specified in paragraph (a)(2) of this section, is
insufficient to allow for at least 150 trips with a possession limit of
15,000 lb (6,804 kg) of yellowtail flounder per trip, the Regional
Administrator may choose not to authorize any trips into the SAP during
a fishing year.
(B) Opening the CA II Yellowtail/Haddock SAP to only target
haddock. If the CA II Yellowtail Flounder/Haddock SAP is not open to
targeting yellowtail flounder due to an insufficient amount of
yellowtail flounder TAC, or because the maximum number of trips allowed
into the CA II Yellowtail Flounder/Haddock SAP to target yellowtail
flounder has been achieved pursuant to paragraph (b)(3)(vii)(A) of this
section, eligible vessels may target haddock in the CA II Yellowtail
Flounder/Haddock Access Area, as specified in paragraph (b)(3)(ii) of
this section, provided the Eastern GB haddock TAC specified in
paragraph (a)(2) of this section has not been caught, the Eastern U.S./
Canada Area is not closed pursuant to paragraph (a)(3)(iv)(D) of this
section; and, for vessels on a Sector trip, the Sector to which the
Sector vessel belongs has ACE remaining for the stocks caught in the
Eastern U.S./Canada Area.
(viii) Trip limits. Vessels subject to the provisions of the common
pool that are fishing in the Closed Area II Yellowtail Flounder/Haddock
SAP are subject to the following trip limits, unless otherwise
restricted in this part. Vessels subject to the restrictions and
conditions of an approved Sector operations plan fishing in the Closed
Area II Yellowtail Flounder/Haddock SAP are subject to the trip limits
specified in Sec. 648.87(b)(1)(ix).
(A) Yellowtail flounder trip limit--(1) Trip limits when the CA II
Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder.
Unless otherwise authorized by the Regional Administrator as specified
in paragraph (a)(3)(iv)(D) of this section, when the CA II Yellowtail
Flounder/Haddock SAP is open to target yellowtail flounder, as
specified in paragraph (b)(3)(vii) of this section, a vessel subject to
the provisions of the common pool that is fishing in the CA II
Yellowtail Flounder/Haddock SAP may fish for, possess, and land up to
10,000 lb (4,536 kg) of yellowtail flounder per trip. The Regional
Administrator may adjust this limit to a maximum of 30,000 lb (13,608
kg) per trip after considering the factors listed in paragraph
(b)(3)(vii) of this section for the maximum number of trips.
(2) Trip limits when the CA II Yellowtail Flounder/Haddock SAP is
open to target haddock. Unless otherwise specified by the Regional
Administrator pursuant to paragraph (a)(3)(iv)(D) of this section, when
the CA II Yellowtail Flounder/Haddock SAP is only open to target
haddock, as specified in paragraph (b)(3)(vii) of this section, the
trip limit for yellowtail flounder is specified in paragraph
(b)(3)(viii)(C) of this section.
(B) Cod and haddock trip limit. Unless otherwise restricted, a
common pool vessel fishing any portion of a trip in the Closed Area II
Yellowtail Flounder/Haddock SAP on a NE multispecies DAS may not fish
for, possess, or land more than 1,000 lb (453.6 kg) of cod per trip,
regardless of trip length. A common pool vessel fishing on a NE
multispecies DAS in the Closed Area II Yellowtail Flounder/Haddock SAP
is subject to the haddock requirements described in Sec. 648.86(a),
unless further restricted under paragraph (a)(3)(iv) of this section.
(C) Other species trip limits. A common pool vessel fishing on a NE
multispecies DAS in the CA II Yellowtail Flounder/Haddock SAP using a
haddock separator trawl, a Ruhle trawl, or any other gear specified
pursuant to paragraph (b)(3)(x)(B) must comply with the trip limits
specified in Sec. 648.86, unless further restricted by the trip limits
specified in paragraph (e) of this section.
(ix) Area fished. Eligible vessels that have declared a trip into
the Closed Area II Yellowtail Flounder/Haddock SAP, and other areas as
specified in paragraph (b)(3)(v) of this section, may not fish for,
possess, or land fish in or from outside of the declared area during
the same trip.
(x) Gear requirements--(A) Approved gear. When the CA II Yellowtail
Flounder/Haddock SAP is open to target yellowtail flounder, as
specified in paragraph (b)(3)(vii) of this section, NE multispecies
vessels must fish with a haddock separator trawl or a flounder trawl
net, as described in paragraph (a)(3)(iii) of this section, or the
Ruhle trawl, as described in paragraph (b)(6)(iv)(J)(3) of this section
(all three nets may be onboard the fishing vessel simultaneously). When
this SAP is only open to target haddock, NE multispecies vessels must
use a haddock separator trawl, a Ruhle trawl, or hook gear. Gear other
than the haddock separator trawl, the flounder trawl, or the Ruhle
trawl may be on board the vessel during a trip to the Eastern U.S./
Canada Area outside of the CA II Yellowtail Flounder/Haddock SAP,
provided the gear is stowed according to the regulations at Sec.
648.23(b).
(B) Approval of additional gear. The Regional Administrator may
authorize additional gear for use in the CA II Yellowtail Flounder/
Haddock SAP in accordance with the standards and requirements specified
in paragraph (b)(6)(iv)(J)(2) of this section.
(xi) No-discard provision and DAS flips. A vessel fishing in the CA
II Yellowtail Flounder/Haddock SAP under a NE multispecies DAS or on a
Sector trip may not discard legal-sized regulated NE multispecies,
unless the possession of the species is prohibited pursuant to Sec.
648.86, or unless otherwise specified in this paragraph (b)(3)(xi). A
vessel may discard Atlantic halibut exceeding the one fish per trip
possession limit. If a vessel fishing in the CA II Yellowtail Flounder/
Haddock SAP exceeds an applicable trip limit, the vessel must exit the
SAP. If a common pool vessel operator fishing in the CA II Yellowtail
Flounder/Haddock SAP under a Category B DAS harvests and brings on
board more legal-sized regulated NE multispecies or Atlantic halibut
than the maximum landing limits allowed per trip, as specified in
paragraph (b)(3)(iv) or (viii) of this section, or in Sec. 648.86, the
vessel operator must immediately notify NMFS via VMS to initiate a DAS
flip (from a Category B DAS to a Category A DAS). Once this
notification has been received by NMFS, the vessel's entire trip will
accrue as a Category A DAS trip. For a
[[Page 69443]]
vessel that notifies NMFS of a DAS flip, the Category B DAS that have
accrued between the time the vessel started accruing Category B DAS
(i.e., either at the beginning of the trip, or at the time the vessel
crossed into the Eastern U.S./Canada Area) and the time the vessel
declared its DAS flip shall be accrued as Category A DAS, and not
Category B DAS.
(xii) Minimum Category A DAS. For vessels fishing under a Category
B DAS, the number of Category B DAS that can be used on a trip cannot
exceed the number of available Category A DAS the vessel has at the
start of the trip.
(xiii) Catch distribution. All catch of GB haddock from vessels
declared into the CA II Yellowtail Flounder/Haddock SAP shall be
applied against the Eastern GB haddock TAC, as specified in paragraph
(a)(2) of this section, for either common pool vessels or individual
approved Sectors.
(4) [Reserved]
(5) Incidental Catch TACs. Unless otherwise specified in this
paragraph (b)(5), Incidental Catch TACs shall be based upon the portion
of the ACL for a stock specified for the common pool vessels pursuant
to Sec. 648.90(a)(4), and allocated as described in this paragraph
(b)(5), for each of the following stocks: GOM cod, GB cod, GB
yellowtail flounder, GB winter flounder, CC/GOM yellowtail flounder,
American plaice, white hake, SNE/MA yellowtail flounder, SNE/MA winter
flounder, witch flounder, and pollock. Because GB yellowtail flounder
and GB cod are transboundary stocks, the incidental catch TACs for
these stocks shall be based upon the portion of the ACL available to
U.S. vessels. NMFS shall send letters to limited access NE multispecies
permit holders notifying them of such TACs.
(i) Stocks other than GB cod, GB yellowtail flounder, GB winter
flounder, and pollock. With the exception of GB cod, GB yellowtail
flounder, GB winter flounder, and pollock, 100 percent of the
Incidental Catch TACs specified in this paragraph (b)(5) shall be
allocated to the Regular B DAS Program described in paragraph (b)(6) of
this section.
(ii) GB cod and pollock. Each of the Incidental Catch TACs for GB
cod and pollock specified in this paragraph (b)(5) shall be subdivided
as follows: 50 percent to the Regular B DAS Program described in
paragraph (b)(6) of this section; 16 percent to the CA I Hook Gear
Haddock SAP described in paragraph (b)(7) of this section; and 34
percent to the Eastern U.S./Canada Haddock SAP described in paragraph
(b)(8) of this section.
(iii) GB yellowtail flounder and GB winter flounder. Each of the
Incidental Catch TACs for GB yellowtail flounder and GB winter flounder
specified in this paragraph (b)(5) shall be subdivided as follows: 50
percent to the Regular B DAS Program described in paragraph (b)(6) of
this section and 50 percent to the Eastern U.S./Canada Haddock SAP
described in paragraph (b)(8) of this section.
(6) * * *
(iv) * * *
(D) Landing limits. Unless otherwise specified in this paragraph
(b)(6)(iv)(D), or restricted pursuant to Sec. 648.86, a NE
multispecies vessel fishing in the Regular B DAS Program described in
this paragraph (b)(6), and fishing under a Regular B DAS, may not land
more than 100 lb (45.5 kg) per DAS, or any part of a DAS, up to a
maximum of 1,000 lb (454 kg) per trip, of any of the following species/
stocks from the areas specified in paragraph (b)(6)(v) of this section:
Cod (both GOM and GB), American plaice, white hake, witch flounder,
SNE/MA winter flounder, GB winter flounder, GB yellowtail flounder, and
pollock; and may not land more than 25 lb (11.3 kg) per DAS, or any
part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/GOM or
SNE/MA yellowtail flounder. In addition, trawl vessels, which are
required to fish with a haddock separator trawl, as specified in
paragraph (a)(3)(iii)(A), or a Ruhle trawl, as specified in paragraph
(b)(6)(iv)(J) of this section, and other gear that may be required in
order to reduce catches of stocks of concern as described in paragraph
(b)(6)(iv)(J) of this section, are restricted to the trip limits
specified in paragraph (e) of this section.
(E) No-discard provision and DAS flips. A vessel fishing in the
Regular B DAS Program under a Regular B DAS may not discard legal-sized
regulated species, ocean pout, or monkfish. This prohibition on
discarding does not apply in areas or times where the possession or
landing of regulated species or ocean pout is prohibited, as specified
in Sec. Sec. 648.85 and 648.86. If such a vessel harvests and brings
on board legal-sized regulated species or ocean pout in excess of the
allowable landing limits specified in paragraph (b)(6)(iv)(D) of this
section or Sec. 648.86, the vessel operator must notify NMFS
immediately via VMS to initiate a DAS flip from a B DAS to an A DAS.
Once this notification has been received by NMFS, the vessel shall
automatically be switched by NMFS to fishing under a Category A DAS for
its entire fishing trip. Thus, any Category B DAS that accrued between
the time the vessel declared into the Regular B DAS Program at the
beginning of the trip (i.e., at the time the vessel crossed the
demarcation line at the beginning of the trip) and the time the vessel
declared its DAS flip shall be accrued as Category A DAS, and not
Regular B DAS. After flipping to a Category A DAS, the vessel is
subject to the applicable trip limits specified in Sec. 648.85(a) or
Sec. 648.86 and may discard fish in excess of the applicable trip
limits.
(F) Minimum Category A DAS and B DAS accrual. For a vessel fishing
under the Regular B DAS Program, the number of Regular B DAS that may
be used on a trip cannot exceed the number of Category A DAS that the
vessel has at the start of the trip. If a vessel is fishing in an area
subject to differential DAS counting pursuant to Sec. 648.82(n)(1),
the number of Regular B DAS that may be used on a trip cannot exceed
the number of Category A DAS that the vessel has at the start of the
trip divided by the applicable differential DAS counting factor
specified in Sec. 648.82(n)(1)(ii). For example, if a vessel plans a
trip under the Regular B DAS Program in the Inshore GOM Differential
DAS Area during a fishing year in which the area is subject to a
differential DAS counting factor of 1.2, and the vessel has 10 Category
A DAS available at the start of the trip, the maximum number of Regular
B DAS that the vessel may fish under the Regular B Program is 8 (10
divided by 1.2 = 8.33, but since Regular B DAS are charged in 24-hr
intervals, 8 Regular B DAS is the maximum that can be used for this
trip). A vessel fishing in the Regular B DAS Program for its entire
trip shall accrue DAS in accordance with Sec. 648.82(e)(1).
* * * * *
(H) Closure of Regular B DAS Program and quarterly DAS limits.
Unless otherwise closed as a result of the harvest of an Incidental
Catch TAC as described in paragraph (b)(6)(iv)(G) of this section, or
as a result of an action by the Regional Administrator under paragraph
(b)(6)(vi) of this section, the use of Regular B DAS shall, in a manner
consistent with the Administrative Procedure Act, be prohibited when
500 Regular B DAS have been used during the first quarter of the
fishing year (May-July), or when 1,000 Regular B DAS have been used
during any of the remaining quarters of the fishing year, in accordance
with Sec. 648.82(e)(1).
(I) Reporting requirements. The owner or operator of a NE
multispecies DAS vessel must submit catch reports via VMS in accordance
with instructions provided by the Regional Administrator,
[[Page 69444]]
for each day fished when declared into the Regular B DAS Program. The
reports must be submitted in 24-hr intervals for each day, beginning at
0000 hr and ending at 2359 hr. The reports must be submitted by 0900 hr
of the following day. For vessels that have declared into the Regular B
DAS Program in accordance with paragraph (b)(6)(iv)(C) of this section,
the reports must include at least the following information: VTR serial
number or other universal ID specified by the Regional Administrator;
date fish were caught; and the total pounds of cod, haddock, yellowtail
flounder, winter flounder, witch flounder, pollock, American plaice,
redfish, Atlantic halibut, ocean pout, Atlantic wolffish, and white
hake kept in each broad stock area (in pounds, live weight), specified
in Sec. 648.10(k)(3), as instructed by the Regional Administrator.
Daily reporting must continue even if the vessel operator is required
to flip, as described in paragraph (b)(6)(iv)(E) of this section.
(J) * * *
(1) Vessels fishing with trawl gear in the Regular B DAS Program
must use the haddock separator trawl or Ruhle trawl, as described in
paragraphs (a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this section,
respectively, or other type of gear if approved as described in this
paragraph (b)(6)(iv)(J). Other gear may be on board the vessel,
provided it is stowed when the vessel is fishing under the Regular B
DAS Program pursuant to Sec. 648.23(b).
* * * * *
(4) Mesh size. An eligible vessel fishing in the Regular B DAS
Program pursuant to paragraph (b)(6) of this section must use trawl
gear described in this paragraph (b)(6)(iv)(J) with a minimum codend
mesh size of 6-inch (15.24-cm) square or diamond mesh.
(v) Definition of stock areas. The species stock areas associated
with the incidental catch TACs for the Regular B DAS Program are
defined in paragraphs (b)(6)(v)(A) through (K) of this section. Where
specified, these areas also identify stock areas applicable for trip
limits specified in Sec. 648.86 and for determining areas applicable
to Sector allocations of ACE pursuant to Sec. 648.87(b). Copies of a
chart depicting these areas are available from the Regional
Administrator upon request.
(A) GOM cod stock area. The GOM cod stock area, for the purposes of
the Regular B DAS Program, identifying stock areas for trip limits
specified in Sec. 648.86, and determining areas applicable to Sector
allocations of ACE pursuant to Sec. 648.87(b), is the area defined by
straight lines connecting the following points in the order stated:
GOM Cod Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GOM1............................ (\1\) 70[deg]00'
GOM2............................ 42[deg]20' 70[deg]00'
GOM3............................ 42[deg]20' 67[deg]40'
GOM4............................ 43[deg]50' 67[deg]40'
GOM5............................ 43[deg]50' 66[deg]50'
GOM6............................ 44[deg]20' 66[deg]50'
GOM7............................ 44[deg]20' 67[deg]00'
GOM8............................ (\2\) 67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W. long.
\2\ Intersection of the south-facing ME coastline and 67[deg]00' W.
long.
(B) GB cod stock area. The GB cod stock area, for the purposes of
the Regular B DAS Program, identifying stock areas for trip limits
specified in Sec. 648.86, and determining areas applicable to Sector
allocations of ACE pursuant to Sec. 648.87(b), is the area defined by
straight lines connecting the following points in the order stated:
GB Cod Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GB1............................. (\1\) 70[deg]00'
GB2............................. 42[deg]20' 70[deg]00'
GB3............................. 42[deg]20' 66[deg]00'
GB4............................. 42[deg]10' 66[deg]00'
GB5............................. 42[deg]10' 65[deg]50'
GB6............................. 42[deg]00' 65[deg]50'
GB7............................. 42[deg]00' 65[deg]40'
GB8............................. 40[deg]30' 65[deg]40'
GB9............................. 39[deg]00' 65[deg]40'
GB10............................ 39[deg]00' 70[deg]00'
GB11............................ 35[deg]00' 70[deg]00'
GB12............................ 35[deg]00' (\2\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W. long.
\2\ Intersection of the east-facing coastline of Outer Banks, NC, and
35[deg]00' N. lat.
(C) CC/GOM yellowtail flounder stock area. For the purposes of the
Regular B DAS Program, the CC/GOM yellowtail flounder stock area is the
area defined by straight lines connecting the following points in the
order stated:
CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
CCGOM1.......................... 43[deg]00' (\1\)
CCGOM2.......................... 43[deg]00' 70[deg]00'
CCGOM3.......................... 42[deg]30' 70[deg]00'
CCGOM4.......................... 42[deg]30' 69[deg]30'
CCGOM5.......................... 41[deg]30' 69[deg]30'
CCGOM6.......................... 41[deg]30' 69[deg]00'
CCGOM7.......................... 41[deg]00' 69[deg]00'
CCGOM8.......................... 41[deg]00' 69[deg]30'
CCGOM5.......................... 41[deg]30' 69[deg]30'
CCGOM9.......................... 41[deg]30' 70[deg]00'
CCGOM10......................... (\2\) 70[deg]00'
CCGOM11......................... 42[deg]00' (\3\)
CCGOM12......................... 42[deg]00' (\4\)
CCGOM13......................... (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with the NH coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod, MA.
\3\ Intersection with the east-facing shoreline of Cape Cod, MA.
\4\ Intersection with the west-facing shoreline of Cape Cod, MA.
\5\ Intersection with the east-facing shoreline of Massachusetts.
(D) American plaice stock area. The American plaice stock area, for
the purposes of the Regular B DAS Program, identifying stock areas for
trip limits specified in Sec. 648.86, and determining areas applicable
to Sector allocations of ACE pursuant to Sec. 648.87(b), is the area
defined by straight lines connecting the following points in the order
stated:
American Plaice Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
AMP1............................ (\1\) 67[deg]00'
AMP2............................ 44[deg]20' 67[deg]00'
AMP3............................ 44[deg]20' 66[deg]50'
AMP4............................ 43[deg]50' 66[deg]50'
AMP5............................ 43[deg]50' 67[deg]40'
AMP6............................ 42[deg]30' 67[deg]40'
AMP7............................ 42[deg]30' 66[deg]00'
AMP8............................ 42[deg]10' 66[deg]00'
AMP9............................ 42[deg]10' 65[deg]50'
AMP10........................... 42[deg]00' 65[deg]50'
AMP11........................... 42[deg]00' 65[deg]40'
AMP12........................... 40[deg]30' 65[deg]40'
AMP13........................... 39[deg]00' 65[deg]40'
AMP14........................... 39[deg]00' 70[deg]00'
AMP15........................... 35[deg]00' 70[deg]00'
AMP16........................... 35[deg]00' (\2\)
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67[deg]00' W. long.
\2\ Intersection of east-facing coastline of Outer Banks, NC, and
35[deg]00' N. lat.
(E) SNE/MA yellowtail flounder stock area. For the purposes of the
Regular B DAS Program, the SNE/MA stock area is the area bounded on the
north, east, and south by straight lines connecting the following
points in the order stated:
SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SNEMA1.......................... 40[deg]00' 74[deg]00'
SNEMA2.......................... 40[deg]00' 72[deg]00'
SNEMA3.......................... 40[deg]30' 72[deg]00'
SNEMA4.......................... 40[deg]30' 69[deg]30'
SNEMA5.......................... 41[deg]30' 69[deg]30'
SNEMA6.......................... 41[deg]30' 70[deg]00'
SNEMA7.......................... 41[deg]00' 70[deg]00'
[[Page 69445]]
SNEMA8.......................... 41[deg]00' 70[deg]30'
SNEMA9.......................... 41[deg]00' 70[deg]30'
SNEMA10......................... 41[deg]30' 70[deg]30'
SNEMA11......................... (\1\) 72[deg]00'
SNEMA12......................... (\2\) 72[deg]00'
SNEMA13......................... (\3\) 73[deg]00'
SNEMA14......................... 40[deg]30' 73[deg]00'
SNEMA15......................... 40[deg]30' 74[deg]00'
SNEMA16......................... 40[deg]00' 74[deg]00'
------------------------------------------------------------------------
\1\ South-facing shoreline of CT.
\2\ North-facing shoreline of Long Island, NY.
\3\ South-facing shoreline of Long Island, NY.
(F) SNE/MA winter flounder stock area. The SNE winter flounder
stock area, for the purposes of the Regular B DAS Program, identifying
stock areas for trip limits specified in Sec. 648.86, and determining
areas applicable to Sector allocations of ACE pursuant to Sec.
648.87(b), is the area defined by straight lines connecting the
following points in the order stated:
Southern New England/Mid-Atlantic Winter Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SNEW1........................... (\1\) 70[deg]00'
SNEW2........................... 42[deg]20' 70[deg]00'
SNEW3........................... 42[deg]20' 68[deg]50'
SNEW4........................... 39[deg]50' 68[deg]50'
SNEW5........................... 39[deg]50' 71[deg]40'
SNEW6........................... 39[deg]00' 71[deg]40'
SNEW7........................... 39[deg]00' 70[deg]00'
SNEW8........................... 35[deg]00' 70[deg]00'
SNEW9........................... 35[deg]00' (\2\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing Coastline of Cape Cod, MA, and
70[deg]00' W. long.
\2\ The intersection of the east-facing coastline of Outer Banks, NC,
and 35[deg]00' N. lat.
(G) Witch flounder stock area. The witch flounder stock area, for
the purposes of the Regular B DAS Program, identifying stock areas for
trip limits specified in Sec. 648.86, and determining areas applicable
to Sector allocations of ACE pursuant to Sec. 648.87(b), is the area
defined by straight lines connecting the following points in the order
stated:
Witch Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
WF1............................. (\1\) 67[deg]00'
WF2............................. 44[deg]20' 67[deg]00'
WF3............................. 44[deg]20' 66[deg]50'
WF4............................. 43[deg]50' 66[deg]50'
WF5............................. 43[deg]50' 67[deg]40'
WF6............................. 42[deg]20' 67[deg]40'
WF7............................. 42[deg]20' 66[deg]00'
WF8............................. 42[deg]10' 66[deg]00'
WF9............................. 42[deg]10' 65[deg]50'
WF10............................ 42[deg]00' 65[deg]50'
WF11............................ 42[deg]00' 65[deg]40'
WF12............................ 40[deg]30' 65[deg]40'
WF13............................ 40[deg]30' 66[deg]40'
WF14............................ 39[deg]50' 66[deg]40'
WF15............................ 39[deg]50' 70[deg]00'
WF16............................ (\2\) 70[deg]00'
WF17............................ (\3\) 70[deg]00'
WF18............................ (\4\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67[deg]00' W. long.
\2\ Intersection of south-facing coastline of Nantucket, MA, and
70[deg]00' W. long.
\3\ Intersection of north-facing coastline of Nantucket, MA, and
70[deg]00' W. long.
\4\ Intersection of south-facing coastline of Cape Cod, MA, and
70[deg]00' W. long.
(H) GB yellowtail flounder stock area. The GB yellowtail flounder
stock area, for the purposes of the Regular B DAS Program, identifying
stock areas for trip limits specified in Sec. 648.86, and determining
areas applicable to Sector allocations of ACE pursuant to Sec.
648.87(b), is the area defined as the U.S./Canada Management Areas, as
specified in paragraphs (a)(1)(i) and (ii) of this section.
(I) GB winter flounder stock area. The GB winter flounder stock
area, for the purposes of the Regular B DAS Program, identifying stock
areas for trip limits specified in Sec. 648.86, and determining areas
applicable to Sector allocations of ACE pursuant to Sec. 648.87(b), is
the area defined as the U.S./Canada Management Areas, as specified in
paragraphs (a)(1)(i) and (ii) of this section.
(J) White hake stock area. The white hake stock area, for the
purposes of the Regular B DAS Program, identifying stock areas for trip
limits specified in Sec. 648.86, and determining areas applicable to
Sector allocations of ACE pursuant to Sec. 648.87(b), is the area
bounded on the north and west by the coastline of the United States,
bounded on the south and east by a line running east from the
intersection of the east-facing coastline of Outer Banks, NC, at
35[deg]00' N. lat. to the boundary of the EEZ, and running northward to
the U.S.-Canada border.
(K) Pollock stock area. The pollock stock area, for the purposes of
the Regular B DAS Program, identifying stock areas for trip limits
specified in Sec. 648.86, and determining areas applicable to Sector
allocations of ACE pursuant to Sec. 648.87(b), is the area bounded on
the north by the coastline of the United States, bounded on the east by
the boundary of the EEZ running southward from the U.S.-Canada border
to its intersection with 39[deg]00' N. lat., bounded on the south by
39[deg]00' N. lat., and bounded on the west by a line running northward
along 71[deg]40' W. long. from its intersection with 39[deg]00' N. lat.
until it intersects with the south-facing shoreline of RI.
* * * * *
(7) CA I Hook Gear Haddock SAP--(i) Eligibility. A vessel issued a
valid limited access NE multispecies permit operating under a NE
multispecies DAS or on a Sector trip, provided the Sector to which the
vessel belongs has been allocated ACE for all stocks caught within the
CA I Hook Gear Haddock Access Area pursuant to Sec. 648.87(b)(1)(i),
is eligible to participate in the CA I Hook Gear Haddock SAP and may
fish in the CA I Hook Gear Haddock Access Area, as described in
paragraph (b)(7)(ii) of this section, for the season specified in
paragraph (b)(7)(iii) of this section, provided any such vessel
complies with the requirements of this section, the SAP is not closed
according to the provisions specified in paragraph (b)(7)(iv)(H) or
(b)(7)(vi)(F) of this section, or the Sector in which the vessel is
participating no longer has ACE available for all stocks caught within
the CA I Hook Gear Haddock Access Area pursuant to Sec.
648.87(b)(1)(i). Copies of a chart depicting this area are available
from the Regional Administrator upon request.
(ii) CA I Hook Gear Haddock SAP Area. The CA I Hook Gear Haddock
SAP Area is the area defined by straight lines connecting the following
points in the order stated:
CA I Hook Gear Haddock SAP Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
Hook 1.......................... 41[deg]09' 68[deg]30'
CI4............................. 41[deg]30' 68[deg]30'
CI1............................. 41[deg]30' 69[deg]23'
Hook 2.......................... 41[deg]04' 69[deg]01.1'
------------------------------------------------------------------------
(iii) Season. The season for the CA I Hook Gear Haddock SAP is May
1 through January 31.
(iv) General program restrictions. General program restrictions
specified in this paragraph (b)(7)(iv) apply to all eligible vessels,
as specified in paragraph (b)(7)(i) of this section. Further program
restrictions specific to Sector and common pool vessels are specified
in paragraphs (b)(7)(v) and (vi) of this section, respectively.
(A) DAS use restrictions. A vessel fishing in the Closed Area I
Hook Gear Haddock SAP under a NE multispecies
[[Page 69446]]
DAS may not initiate a DAS flip. A vessel is prohibited from fishing in
the Closed Area I Hook Gear Haddock SAP while making a trip under the
Regular B DAS Program described in paragraph (b)(6) of this section.
DAS will be charged as described in Sec. 648.10.
(B) VMS requirement. An eligible NE multispecies vessel fishing in
the CA I Hook Gear Haddock SAP specified in this paragraph (b)(7) must
have installed on board an operational VMS unit that meets the minimum
performance criteria specified in Sec. Sec. 648.9 and 648.10.
(C) Observer notifications. For the purpose of selecting vessels
for observer deployment, a vessel must provide notice to NMFS of the
vessel name; contact name for coordination of observer deployment;
telephone number for contact; and date, time, and port of departure at
least 48 hr prior to the beginning of any trip that it declares into
the CA I Hook Gear Haddock SAP, as required in paragraph (b)(7)(iv)(C)
of this section, and in accordance with instructions provided by the
Regional Administrator.
(D) VMS declaration. To fish in the CA I Hook Gear Haddock SAP
Prior to departure from port, a vessel must declare into the SAP via
VMS, and, for a vessel fishing under a NE multispecies DAS, indicate
the type of DAS that it intends to fish, prior to departure from port,
as instructed by the Regional Administrator. A vessel declared into the
CA I Hook Gear Haddock SAP may fish only in the CA I Hook Gear Haddock
Special Access Area described in paragraph (b)(7)(ii) of this section
on a declared trip.
(E) Gear restrictions. A vessel declared into and fishing in the CA
I Hook Gear Haddock SAP may fish with and possess on board demersal
longline gear or tub trawl gear only, unless further restricted as
specified in paragraph (b)(7)(v)(A) of this section. Such vessels are
prohibited from using as bait, or possessing on board, squid or
mackerel during a trip into the CA I Hook Gear Haddock SAP.
(F) Haddock TAC. The maximum total amount of haddock that may be
caught (landings and discards) in the CA I Hook Gear Haddock SAP Area
in any fishing year is based upon the size of the TAC allocated for the
2004 fishing year (1,130 mt live weight), adjusted according to the
growth or decline of the western GB (WGB) haddock exploitable biomass
(in relationship to its size in 2004), according to the following
formula: Biomass YEAR X= (1,130 mt live weight) x (Projected WGB
Haddock Exploitable Biomass YEAR X/WGB Haddock Exploitable Biomass
2004). The size of the western component of the stock is considered to
be 35 percent of the total stock size, unless modified by a stock
assessment. The Regional Administrator shall specify the haddock TAC
for the SAP, in a manner consistent with the Administrative Procedure
Act.
(G) Trip restrictions. A vessel is prohibited from deploying
fishing gear outside of the CA I Hook Gear Haddock SAP Area on the same
fishing trip on which it is declared into the CA I Hook Gear Haddock
SAP. A vessel operating under a NE multispecies DAS must end the trip
if the vessel exceeds the applicable landing limits described in
paragraphs (b)(7)(v)(B) and (b)(7)(vi)(C) of this section.
(H) Landing limits. For all vessels legally declared into the CA I
Hook Gear Haddock SAP described in paragraph (b)(7)(i) of this section,
landing limits for NE multispecies are specified in paragraphs
(b)(7)(v)(B) and (b)(7)(vi)(C) of this section, respectively. Unless
otherwise specified in this part, such vessels are prohibited from
discarding legal-sized regulated species and ocean pout, and must exit
the SAP and cease fishing if any trip limit is achieved or exceeded.
(I) Mandatory closure of CA I Hook Gear Haddock Access Area. When
the Regional Administrator determines that the haddock TAC specified in
paragraph (b)(7)(iv)(F) of this section has been caught, NMFS shall
close, in a manner consistent with the Administrative Procedure Act,
the CA I Hook Gear Haddock SAP Area as specified in paragraph
(b)(7)(ii) of this section, to all eligible vessels, including both
common pool and Sector vessels.
(v) Sector vessel program restrictions. In addition to the general
program restrictions specified in paragraph (b)(7)(iv) of this section,
a Sector vessel declared into the CA I Hook Gear Haddock SAP is also
required to comply with the restrictions specified in this paragraph
(b)(7)(v).
(A) Gear restrictions. A Sector vessel is subject to the gear
requirements of the Sector Operations Plan as approved under Sec.
648.87(c) and those specified under paragraph (b)(7)(iv)(E) of this
section.
(B) Landing limits. A Sector vessel declared into the CA I Hook
Gear Haddock SAP described in paragraph (b)(7)(i) of this section is
subject to the landing limits for regulated species in effect under the
Sector's Operations Plan, as approved under Sec. 648.87(c).
(C) Reporting requirements. The owner or operator of a Sector
vessel declared into the CA I Hook Gear Haddock SAP must submit reports
to the Sector Manager, consistent with instructions to be provided by
the Sector Manager, for each day fished in the CA I Hook Gear Haddock
SAP Area. The Sector Manager shall provide daily reports to NMFS,
including at least the following information: Total pounds of haddock,
cod, yellowtail flounder, winter flounder, witch flounder, pollock,
ocean pout, Atlantic halibut, Atlantic wolffish, and white hake kept;
total pounds of haddock, cod, yellowtail flounder, winter flounder,
witch flounder, pollock, ocean pout, Atlantic halibut, Atlantic
wolffish, and white hake discarded; date fish were caught; and VTR
serial numbers for each trip declared into the CA I Hook Gear Haddock
SAP, as instructed by the Regional Administrator. Daily reporting must
continue even if the vessel operator is required to exit the SAP as
required under paragraph (b)(7)(iv)(G) or (H) of this section.
(D) Incidental catch TACs. There are no incidental catch TACs
specified for regulated species or ocean pout for Sector vessels
declared into the CA I Hook Gear Haddock SAP. All regulated species or
ocean pout caught by Sector vessels fishing in the SAP count toward the
Sector's annual ACE for each stock, as specified in Sec.
648.87(b)(1)(i).
(vi) Common pool vessel program restrictions. In addition to the
general program restrictions specified in paragraph (b)(7)(iv) of this
section, a common pool vessel declared into the CA I Hook Gear Haddock
SAP is also required to comply with the restrictions specified in this
paragraph (b)(7)(vi).
(A) DAS use restrictions. A common pool vessel may only use Regular
B or Reserve B DAS, in accordance with Sec. 648.82(d)(2)(i)(A) and
(d)(2)(ii)(A). A common pool vessel is prohibited from using Category A
DAS and may not initiate a DAS flip when declared into the SAP. A
common pool vessel is prohibited from fishing in the CA I Hook Gear
Haddock SAP while making a trip under the Regular B DAS Program
described under paragraph (b)(6) of this section. DAS will be charged
as described in Sec. 648.10.
(B) Gear restrictions. A common pool vessel is exempt from the
maximum number of hooks restriction specified in Sec. 648.80(a)(4)(v),
but must comply with the gear restrictions in paragraph (b)(7)(iv)(E)
of this section.
(C) Landing limits. A common pool vessel may not land, fish for, or
possess on board more than 1,000 lb (453.6 kg) of cod per trip. A
common pool vessel is not permitted to discard legal-sized cod prior to
reaching the landing limit, and is required to end its trip if the cod
trip limit is achieved or exceeded.
(D) Reporting requirements. The owner or operator of a common pool
[[Page 69447]]
vessel must submit reports via VMS, in accordance with instructions to
be provided by the Regional Administrator, for each day fished in the
Closed Area I Hook Gear Haddock SAP Area. The reports must be submitted
in 24-hr intervals for each day fished, beginning at 0000 hr local time
and ending at 2359 hr local time. The reports must be submitted by 0900
hr local time of the day following fishing. The reports must include at
least the following information: VTR serial number or other universal
ID specified by the Regional Administrator; date fish were caught; and
the total pounds of cod, haddock, yellowtail flounder, winter flounder,
witch flounder, pollock, American plaice, redfish, ocean pout, Atlantic
halibut, Atlantic wolffish, and white hake kept in each broad stock
area (in pounds, live weight), specified in Sec. 648.10(k)(3), as
instructed by the Regional Administrator. Daily reporting must continue
even if the vessel operator is required to exit the SAP as required
under paragraph (b)(7)(iv)(G) of this section.
(E) Incidental catch TACs. The maximum amount of GB cod and pollock
(landings and discards) that may be cumulatively caught by a common
pool vessel from the CA I Hook Gear Haddock SAP Area in a fishing year
is the amount specified in paragraph (b)(5)(ii) of this section.
(F) Mandatory closure of CA I Hook Gear Haddock Access Area due to
catch of any incidental catch TAC. When the Regional Administrator
determines that either the GB cod or pollock incidental catch TAC
specified in paragraph (b)(7)(vi)(E) of this section has been caught,
the CA I Hook Gear Haddock SAP Area shall be closed to all common pool
vessels in a manner consistent with the Administrative Procedure Act.
(8) * * *
(i) Eligibility. A vessel issued a valid limited access NE
multispecies permit and fishing with trawl gear as specified in
paragraph (b)(8)(v)(E) of this section while operating under a NE
multispecies DAS or on a Sector trip, provided the Sector to which the
vessel belongs has been allocated ACE for all stocks caught within the
Eastern U.S./Canada Area pursuant to Sec. 648.87(b)(1)(i), is eligible
to participate in the Eastern U.S./Canada Haddock SAP and may fish in
the Eastern U.S./Canada Haddock SAP Area, as described in paragraph
(b)(8)(ii) of this section, during the season specified in paragraph
(b)(8)(iv) of this section, provided such vessel complies with the
requirements of this section and provided the SAP is not closed
according to the provisions specified in paragraph (b)(8)(v)(K) or (L)
of this section, the Eastern U.S./Canada Area is not closed as
described under paragraph (a)(3)(iv)(E) of this section, or the Sector
to which the vessel belongs no longer has ACE available for all stocks
caught within the Eastern U.S./Canada Area pursuant to Sec.
648.87(b)(1)(i).
* * * * *
(v) * * *
(A) Area and DAS use restrictions. A common pool vessel fishing
under a NE multispecies DAS in the Eastern U.S./Canada Haddock SAP may
elect to fish under a Category A or Category B DAS in accordance with
Sec. 648.82(d)(2), or in multiple areas in accordance with the
restrictions of this paragraph (b)(8)(v)(A). A vessel on a Sector trip
in the Eastern U.S./Canada Haddock SAP may elect to fish in multiple
areas in accordance with the restrictions of this paragraph
(b)(8)(v)(A).
* * * * *
(2) A vessel that is declared into the Eastern U.S./Canada Haddock
SAP described in paragraph (b)(8)(i) of this section may fish, on the
same trip, in the Eastern U.S./Canada Haddock SAP Area and in the
Closed Area II Yellowtail Flounder/Haddock SAP Area, as described in
paragraph (b)(3)(ii) of this section, and, for common pool vessels
fishing a NE multispecies DAS, while under either a Category A DAS or a
Category B DAS.
(3) A vessel may choose, on the same trip, to fish in either/both
the Eastern U.S./Canada Haddock SAP Program and the Closed Area II
Yellowtail Flounder/Haddock SAP Area, and in the portion of the Eastern
U.S./Canada Area described in paragraph (a)(1)(ii) of this section that
lies outside of these two SAPs, provided a common pool vessel fishes
under a Category A DAS and all eligible vessels comply with the VMS
restrictions of paragraph (b)(8)(v)(D) of this section. Such a vessel
may also elect to fish outside of the Eastern U.S./Canada Area on the
same trip, in accordance with the restrictions of paragraph
(a)(3)(ii)(A) of this section.
(4) A common pool vessel fishing under a NE multispecies DAS that
elects to fish in multiple areas, as described in this paragraph
(b)(8)(v)(A), must fish under the most restrictive DAS counting
requirements specified in Sec. 648.10(e)(5), trip limits, and
reporting requirements of the areas fished for the entire trip. A
vessel on a Sector trip that elects to fish in multiple areas, as
described in this paragraph (b)(8)(v)(A), must comply with the most
restrictive reporting requirements of the areas fished for the entire
trip, unless otherwise specified by the Regional Administrator in a
manner consistent with the Administrative Procedure Act.
(B) VMS requirement. A vessel issued a limited access NE
multispecies permit fishing in the Eastern U.S./Canada Haddock SAP
Program specified in paragraph (b)(8)(i) of this section must have
installed on board an operational VMS unit that meets the minimum
performance criteria specified in Sec. Sec. 648.9 and 648.10.
* * * * *
(D) VMS declaration. To fish in the Eastern U.S./Canada Haddock
SAP, a vessel issued a limited access NE multispecies permit must
declare into the SAP via VMS and provide information on the areas
within the Eastern U.S./Canada Area that it intends to fish and the
type of DAS (Category A, Regular B, or Reserve B) that it intends to
fish, if operating under the provisions of the common pool, prior to
departure from port, in accordance with paragraph (b)(8)(v)(A) of this
section and any instructions provided by the Regional Administrator.
(E) * * *
(1) A vessel issued a limited access NE multispecies permit fishing
in the Eastern U.S./Canada Haddock SAP must use the haddock separator
trawl or the Ruhle Trawl, as described in paragraphs (a)(3)(iii)(A) and
(b)(6)(iv)(J)(3) of this section, respectively, or another type of
gear, if approved as described in this paragraph (b)(8)(v)(E). Other
gear may be on board the vessel when on a trip in the Eastern U.S./
Canada Haddock SAP, provided that the gear is stowed in accordance with
Sec. 648.23(b).
* * * * *
(3) Mesh size. A vessel eligible to fish in the Eastern U.S./Canada
Haddock SAP pursuant to paragraph (b)(8) of this section must use trawl
gear described in this paragraph (b)(8)(v)(E) with a minimum codend
mesh size of 6-inch (15.24-cm) square or diamond mesh.
(F) Landing limits. Unless otherwise restricted under this part, a
vessel fishing any portion of a trip in the Eastern U.S./Canada Haddock
SAP under a NE multispecies DAS may not fish for, possess, or land more
than 1,000 lb (453.6 kg) of cod, per trip, regardless of trip length. A
common pool vessel fishing in the Eastern U.S./Canada Haddock SAP under
a NE multispecies DAS is subject to the haddock requirements described
in Sec. 648.86(a), unless further restricted under paragraph
(a)(3)(iv) of this section. A common pool vessel fishing in the Eastern
U.S./Canada Haddock SAP may not land more than 100 lb (45.5 kg) per
DAS, or any part of a DAS, of GB yellowtail flounder and 100 lb
[[Page 69448]]
(45.5 kg) of GB winter flounder, up to a maximum of 500 lb (227 kg) of
all flatfish species, combined. Possession of monkfish (whole weight)
and skates (whole weight) is limited to 500 lb (227 kg) each, unless
otherwise restricted by Sec. 648.94(b)(3), and possession of lobsters
is prohibited.
* * * * *
(H) Incidental TACs. The maximum amount of GB cod, GB yellowtail
flounder, GB winter flounder, and pollock, both landings and discards,
that may be caught when fishing in the Eastern U.S./Canada Haddock SAP
Program in a fishing year by vessels fishing under a Category B DAS, as
authorized in paragraph (b)(8)(v)(A), is the amount specified in
paragraphs (b)(5)(ii) and (iii) of this section. All regulated species
and ocean pout caught by a vessel on a Sector trip will be applied
against the ACE for each stock that is specified for the Sector in
which the vessel participates.
(I) No discard provision and DAS flips. A vessel fishing in the
Eastern U.S./Canada Haddock SAP Program may not discard legal-sized
regulated or ocean pout unless otherwise required due to a prohibition
of the possession of such species specified in this part. If a common
pool vessel fishing in the Eastern U.S./Canada Haddock SAP under a
Category B DAS exceeds the applicable maximum landing limit per trip
specified in paragraph (b)(8)(v)(F) of this section, or in Sec.
648.86, the vessel operator must retain the fish and immediately notify
NMFS via VMS to initiate a DAS flip (from a Category B DAS to a
Category A DAS). After flipping to a Category A DAS, the vessel is
subject to all applicable landing limits specified in Sec. 648.85(a)
or Sec. 648.86. If a common pool vessel fishing in this SAP while
under a Category B DAS or a Category A DAS exceeds a trip limit
specified in paragraph (b)(8)(v)(F) of this section or Sec. 648.86, or
other applicable trip limit, the vessel must immediately exit the SAP
area defined in paragraph (b)(8)(ii) of this section for the remainder
of the trip. For a common pool vessel that notifies NMFS of a DAS flip,
the Category B DAS that have accrued between the time the vessel
started accruing Category B DAS and the time the vessel declared its
DAS flip will be accrued as Category A DAS pursuant to Sec.
648.82(e)(1), and not Category B DAS.
* * * * *
(9) GOM Haddock Sink Gillnet Pilot Program -(i) Eligibility. A
vessel that has been issued a valid limited access NE multispecies
permit that has also declared its intent to participate in the GOM
Haddock Sink Gillnet Pilot Program pursuant to paragraph (b)(9)(v)(B)
of this section is eligible to participate in the GOM Haddock Sink
Gillnet Pilot Program, provided any such vessel complies with the
requirements of this paragraph (b)(9), the pilot program is not closed
according to the provisions specified in paragraph (b)(9)(viii) of this
section, and, for vessels on a Sector trip, the Sector to which the
vessel belongs has been allocated ACE for all stocks caught within the
GOM Regulated Mesh Area pursuant to Sec. 648.87(b)(1)(i).
(ii) GOM Haddock Sink Gillnet Pilot Program Area. The GOM Haddock
Sink Gillnet Pilot Program Area is the area encompassed by the GOM
Regulated Mesh Area, as defined in Sec. 648.80(a)(1). Copies of a map
depicting this area are available from the Regional Administrator upon
request.
(iii) Gear Restrictions -(A) Mesh size. An eligible vessel
participating in the GOM Haddock Sink Gillnet Pilot Program may fish
with and possess on board sink gillnets comprised of 6-inch (15.2-cm)
mesh.
(B) Net restriction. A Day gillnet vessel participating in the GOM
Haddock Sink Gillnet Pilot Program may not fish with, possess, haul, or
deploy more than 30 sink gillnets. A Trip gillnet vessel is not subject
to the limit on the number of nets that can be used under the GOM
Haddock Sink Gillnet Pilot Program. Tie-down gillnets may not be used
by any vessel participating in the GOM Haddock Sink Gillnet Pilot
Program.
(iv) Season. An eligible vessel participating in the GOM Haddock
Sink Gillnet Pilot Program may fish in the GOM Haddock Sink Gillnet
Pilot Program from January 1 through April 30.
(v) Program Restrictions -(A) DAS Use. An eligible vessel
participating in the GOM Haddock Sink Gillnet Pilot Program must use
Category A DAS for any fishing trip during the time the vessel is
participating in this program pursuant to paragraph (b)(9)(v)(B)(1),
including trips where gear is deployed, but no catch is landed.
(B) Observer notification -(1) Notice of participation. To be
eligible to participate in the GOM Haddock Sink Gillnet Pilot Program,
a vessel must notify the NMFS Observer Program by October 1 of its
intent to participate in this pilot program and the duration of its
participation in this program, as instructed by the Regional
Administrator. Any vessel participating in this program must
participate for the entire season specified in paragraph (b)(9)(iv) of
this section. Upon notification of a vessel operator's intent to
participate in this pilot program pursuant to this paragraph
(b)(9)(v)(B), the Regional Administrator shall issue a letter of
authorization to participate in this pilot program to the eligible
vessel.
(2) Notice of fishing. For the purposes of selecting vessels for
observer deployment, a vessel must provide notice to NMFS of the vessel
name; contact name for coordination of observer deployment; telephone
number for contact; and date, time, and port of departure at least 48
hr prior to the beginning of any trip that it fishes under the
provisions of the GOM Haddock Sink Gillnet Pilot Program, as specified
in paragraph (b)(9) of this section, in accordance with instructions
provided by the Regional Administrator.
(C) Letter of authorization requirement. A vessel eligible to
participate in the GOM Haddock Sink Gillnet Pilot Program must retain
on board the letter of authorization issued by the Regional
Administrator pursuant to paragraph (b)(9)(v)(B) of this section for
the duration of the period specified in paragraph (b)(9)(v)(B) of this
section.
(vi) Reporting requirements. There are no additional reporting
requirements for vessels participating in this pilot program.
(vii) Duration of GOM Haddock Sink Gillnet Pilot Program. This
program is in effect from May 1, 2010, through April 30, 2013.
(viii) Closure of the GOM Haddock Sink Gillnet Pilot Program. The
Regional Administrator may suspend participation in the GOM Sink
Gillnet Pilot Program to any or all eligible vessels if the Pilot
Program is determined to be inconsistent with the goals and objectives
of the NE Multispecies FMP.
* * * * *
(d) Incidental catch allowance for some limited access herring
vessels. The incidental catch allowance for all vessels that have an
All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited
Access Herring Permit is 0.2 percent of the combined ACLs for GOM
haddock and GB haddock (U.S. landings only) specified according to
Sec. 648.90(a)(4) for a particular NE multispecies fishing year.
(e) Authorized gear performance standards. Unless otherwise
restricted in this part, in areas and times when a special management
program, as specified in this section, requires the use of gear
authorized by that program to reduce catches of stocks of concern,
participating vessels are restricted to the following trip limits: 500
lb (227 kg) of all flatfish species (American plaice,
[[Page 69449]]
witch flounder, winter flounder, windowpane flounder, and GB yellowtail
flounder), combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb
(227 kg) of skates (whole weight); and zero possession of lobsters,
unless otherwise restricted by Sec. 648.94(b)(3).
14. In Sec. 648.86, revise the introductory text to this section;
revise paragraphs (a)(1), (a)(2)(iii), (b), (e), (g), and (j); and add
paragraphs (p), and (q) to read as follows:
Sec. 648.86 Multispecies possession restrictions.
Except as provided in Sec. 648.17 or elsewhere in this part, the
following possession restrictions apply:
(a) * * *
(1) NE multispecies DAS vessels--(i) Implementation and adjustments
to the haddock trip limit to prevent exceeding the common pool sub-ACL.
At any time prior to or during the fishing year, if the Regional
Administrator projects that the haddock sub-ACL allocated to the common
pool vessels pursuant to Sec. 648.90(a)(4) will be exceeded in that
fishing year, NMFS may implement or adjust, in a manner consistent with
the Administrative Procedure Act, a per DAS possession limit and/or a
maximum trip limit in order to prevent exceeding the haddock sub-ACL
allocated to the common pool in that fishing year.
(ii) Implementation and adjustments to the haddock trip limit to
facilitate harvest of the haddock sub-ACL allocated to the common pool.
At any time prior to or during the fishing year, if the Regional
Administrator projects that less than 75 percent of the haddock sub-ACL
allocated to the common pool pursuant to Sec. 648.90(a)(4) for that
fishing year will be harvested, NMFS may remove or adjust, in a manner
consistent with the Administrative Procedure Act, a per DAS possession
limit and/or a maximum trip limit in order to facilitate a haddock
harvest and enable the total catch to approach, but not exceed, the
haddock sub-ACL allocated to the common pool for that fishing year.
(2) * * *
(iii) Unless otherwise authorized by the Regional Administrator as
specified in paragraph (f) of this section, scallop dredge vessels or
persons owning or operating a scallop dredge vessel that is fishing
under a scallop DAS allocated under Sec. 648.53 may land or possess on
board up to 300 lb (136.1 kg) of haddock, except as specified in Sec.
648.88(c), provided that the vessel has at least one standard tote on
board. This restriction does not apply to vessels also issued limited
access NE multispecies permits that are fishing under a multispecies
DAS. 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) Cod --(1) GOM cod landing limit. Except as provided in
paragraph (b)(4) of this section, or unless otherwise restricted under
Sec. 648.85, a vessel fishing under a NE multispecies DAS permit,
including a vessel issued a monkfish limited access permit and fishing
under the monkfish Category C or D permit provisions, may land up to
2,000 lb (907.2 kg) of cod for each DAS, or part of a DAS, up to 12,000
lb (5443.2 kg) per trip. 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.
(2) GB cod landing and maximum possession limits. Unless otherwise
restricted under Sec. 648.85, a vessel fishing under a NE multispecies
DAS permit, including a vessel issued a monkfish limited access permit
and fishing under the monkfish Category C or D permit provisions, may
land up to 2,000 lb (907.2 kg) of cod per DAS, or part of a DAS, up to
20,000 lb (9,072 kg) provided it complies with the requirements
specified in paragraph (b)(4) of this section and this paragraph
(b)(2). 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.
(3) [Reserved]
(4) Exemption. A common pool vessel fishing under a NE multispecies
DAS is exempt from the landing limit described in paragraph (b)(1) of
this section when fishing south of the GOM Regulated Mesh Area, defined
in Sec. 648.80(a)(1), provided that it complies with the requirement
of this paragraph (b)(4).
(i) Declaration. With the exception of a vessel declared into the
U.S./Canada Management Area, as described in Sec. 648.85(a)(3)(ii), a
common pool vessel that fishes or intends to fish under a NE
multispecies DAS south of the line described in paragraph (b)(4) of
this section, under the cod trip limits described in paragraph (b)(2)
of this section, must, prior to leaving port, declare its intention to
do so through the VMS, in accordance with instructions to be provided
by the Regional Administrator. In lieu of a VMS declaration, the
Regional Administrator may authorize such vessels to obtain a letter of
authorization. If a letter of authorization is required, such vessel
may not fish north of the exemption area for a minimum of 7 consecutive
days (when fishing under the multispecies DAS program), and must carry
the letter of authorization on board.
(ii) A common pool vessel exempt from the GOM cod landing limit
pursuant to paragraph (b)(4)(i) of this section may not fish north of
the line specified in paragraph (b)(4) of this section for the duration
of the trip, but may transit the GOM Regulated Mesh Area, provided that
its gear is stowed in accordance with the provisions of Sec.
648.23(b). A vessel fishing north and south of the line on the same
trip is subject to the most restrictive applicable cod trip limit.
* * * * *
(e) White hake. Unless otherwise restricted under this part, a
common pool vessel fishing under a NE multispecies DAS, a limited
access Handgear A permit, an open access Handgear B permit, or a
monkfish limited access permit and fishing under the monkfish Category
C or D permit provisions is not restricted in the amount of white hake
the vessel may land per trip during fishing years 2010 and 2011.
Starting in fishing year 2012, unless otherwise restricted under this
part, a common pool vessel fishing under a NE multispecies DAS, a
limited access Handgear A permit, an open access Handgear B permit, or
a monkfish limited access permit and fishing under the monkfish
Category C or D permit provisions may land up to 500 lb (226.8 kg) of
white hake per DAS, or any part of a DAS, up to 2,000 lb (907.2 kg) per
trip.
* * * * *
(g) Yellowtail flounder --(1) CC/GOM and SNE/MA yellowtail flounder
landing limit. Unless otherwise restricted under this part, a common
pool vessel fishing under a NE multispecies DAS, a limited access
Handgear A permit, an open access Handgear B permit, or a monkfish
limited access permit and fishing under the monkfish Category C or D
permit provisions, and fishing exclusively outside of the U.S./Canada
Management Area, as defined in Sec. 648.85(a)(1), may land or possess
on board up to 250 lb (113.6 kg) of yellowtail flounder per DAS, or any
part of a DAS, up to a maximum possession limit of 1,500 lb (680.4 kg)
per trip. A vessel fishing outside and inside of the U.S./Canada
Management Area on the same trip is subject to the more restrictive
yellowtail flounder trip limit (i.e., that specified by this paragraph
(g) or Sec. 648.85(a)(3)(iv)(C)).
[[Page 69450]]
(2) GB yellowtail flounder landing limit. Unless otherwise
restricted under this part, a common pool vessel fishing under a NE
multispecies DAS, a limited access Handgear A permit, an open access
Handgear B permit, or a monkfish limited access permit and fishing
under the monkfish Category C or D permit provisions, and fishing in
the U.S./Canada Management Area defined in Sec. 648.85(a)(1) is
subject to the GB yellowtail flounder limit described in paragraph
Sec. 648.85(a)(3)(iv)(c).
* * * * *
(j) GB winter flounder. Unless otherwise restricted under this
part, a common pool vessel fishing under a NE multispecies DAS, a
limited access Handgear A permit, an open access Handgear B permit, or
a monkfish limited access permit and fishing under the monkfish
Category C or D permit provisions and fishing in the U.S./Canada
Management Area defined in Sec. 648.85(a)(1) is not restricted in the
amount of GB winter flounder the vessel may land per trip.
* * * * *
(p) Ocean pout, winter flounder, SNE/MA winter flounder, and
Atlantic wolffish. A vessel issued a limited access NE multispecies
permit, an open access NE multispecies Handgear B permit, or a limited
access monkfish permit and fishing under the monkfish Category C or D
permit provisions may not fish for, possess, or land ocean pout,
windowpane flounder, or Atlantic wolffish. In addition, such vessels
may not fish for, possess, or land winter flounder caught in or from
the SNE/MA winter flounder stock area, as defined in Sec.
648.85(b)(6)(v)(F). Vessels may transit this area with GOM or GB winter
flounder on board the vessel, provided that gear is stowed in
accordance with the provisions of Sec. 648.23(b).
(q) Additional possession restrictions--(1) Daily landing
restriction. A vessel issued a limited access NE multispecies permit,
an open access NE multispecies Handgear B permit, or a limited access
monkfish permit and fishing under the monkfish Category C or D permit
provisions may only land regulated species or ocean pout once in any
24-hr period. For example, a vessel that starts a trip at 6 a.m. may
call out of the DAS program at 11 a.m. and land up to 2,000 lb (907.2
kg) of GOM cod, but the vessel cannot land any more cod on a subsequent
trip until at least 6 a.m. on the following day.
(2) Possession limits for vessels fishing in multiple areas. If a
vessel fishes in more than one stock area on the same trip, as defined
in Sec. 648.85(b)(6)(v) or Sec. 648.87(b)(1)(ii), the most
restrictive trip limit for a species applies for the entire trip.
15. Revise Sec. 648.87 to read as follows:
Sec. 648.87 Sector allocation.
(a) Procedure for approving/implementing a Sector allocation
proposal. (1) Any person may submit a Sector allocation proposal for a
group of limited access NE multispecies vessels to the Council and
request that the Sector be implemented through either a biennial
adjustment or framework adjustment, as specified in Sec. 648.90(a)(2),
as long as it is submitted at least 1 year prior to the date the Sector
wants to begin operations in accordance with the conditions and
restrictions of this section. The Sector allocation proposal must
contain an appropriate analysis that assesses the impact of the
proposed Sector, in compliance with the National Environmental Policy
Act.
(2) Upon receipt of a Sector allocation proposal, the Council must
decide whether to initiate a management action to implement the Sector
proposal. Should a biennial adjustment or framework adjustment to
authorize a Sector allocation proposal be initiated, the Council will
follow the framework adjustment provisions of Sec. 648.90(a)(2). Any
biennial adjustment or framework adjustment developed to implement a
Sector allocation proposal must be in compliance with the general
requirements specified in paragraphs (b) and (c) of this section.
(3) Eligibility. Any valid limited access NE multispecies permit,
including a Handgear A permit and those permits held in confirmation of
permit history pursuant to Sec. 648.4(a)(1)(i)(J) as of May 1, 2008,
is eligible to join a NE multispecies Sector, provided the permit
complies with the restrictions specified in this section. Any valid
limited access Category A or B monkfish permit may be eligible to join
a NE multispecies Sector, as described in this section, pursuant to any
measures adopted by a future revision to the Monkfish FMP by both the
New England and Mid-Atlantic Fishery Management Councils. Vessels that
do not join a Sector remain subject to the NE multispecies regulations
for common pool vessels.
(4) Minimum size. To be authorized to operate as a Sector under
this section, a Sector must be comprised of at least three NE
multispecies permits issued to at least three different persons, none
of whom have any common ownership interests in the permits, vessels, or
businesses associated with the permits issued the other two or more
persons in that Sector. Having an ownership interest in a permit
includes, but is not limited to, persons or entities who are
shareholders, officers, or partners in a corporation owning a permit;
who are partners (general or limited) to a permit owner; who, in any
way, partly own a permit; or who derive any financial benefit, or
exercise any control over, another permit. As long as at least three
persons issued a NE multispecies permit meet these requirements, permit
owners may have common ownership interests in other permits, vessels,
or businesses associated with such permits.
(b) General requirements applicable to all approved Sectors. (1)
All Sectors approved under the provisions of paragraph (a) of this
section must submit the documents specified in paragraphs (a)(1),
(b)(2), and (b)(3) of this section, and comply with the conditions and
restrictions of this paragraph (b)(1).
(i) TAC allocation--(A) Allocated stocks. Each Sector shall be
allocated a TAC in the form of an ACE for each NE multispecies stock
with the exception of Atlantic halibut, SNE/MA winter flounder, ocean
pout, windowpane flounder (both the GOM/GB and the SNE/MA stocks), and
Atlantic wolffish based upon the cumulative PSCs of vessels
participating in each Sector during a particular fishing year, as
described in paragraph (b)(1)(i)(E) of this section. In the event that
a future allocation of SNE/MA winter flounder can be made available
pursuant to the biennial adjustment or framework process specified in
Sec. 648.90(a)(2), an ACE for this stock will be specified pursuant to
paragraph (b)(1)(i)(E)(1) of this section.
(B) Eastern GB stocks. Each Sector allocated ACE for stocks managed
under the terms of the U.S./Canada Resource Sharing Understanding in
the Eastern U.S./Canada Area, as specified in Sec. 648.85(a), shall be
allocated a specific portion of the ACE for such stocks that can only
be harvested from the Eastern U.S./Canada Area, as specified in Sec.
648.85(a)(1). The ACE specified for the Eastern U.S./Canada Area
portions of these stocks shall be proportional to the Sector's
allocation of the overall ACL available to all vessels issued a limited
access NE multispecies permit for these stocks pursuant to Sec.
648.90(a)(4). For example, if a Sector is allocated 10 percent of the
GB cod ACL available to all vessels issued a limited access NE
multispecies permit, that Sector would also be allocated and may
harvest 10 percent of that ACE from the Eastern U.S./Canada Area. In
this example, if the overall GB cod ACL available to all vessels issued
a limited access NE
[[Page 69451]]
multispecies permit is 1,000 mt, of which 100 mt is specified to the
Eastern U.S./Canada Area, the Sector would be allocated 100 mt of GB
cod, of which no more than 10 mt could be harvested from the Eastern
U.S./Canada Area and no more than 90 mt could be harvested from the
rest of the GB cod stock area.
(C) Carry-over. With the exception of GB yellowtail flounder, a
Sector may carry over up to 10 percent of unused ACE for each stock
into the following fishing year. Any unused ACE allocated for Eastern
GB stocks pursuant to paragraph (b)(1)(i)(B) of this section will
contribute to the 10-percent carry-over allowance for each stock, as
specified in this paragraph (b)(1)(i)(C), but will not increase an
individual Sector's allocation of Eastern GB stocks during the
following year. This carry-over ACE remains effective during the
subsequent fishing year even if vessels that contributed to the Sector
allocation during the previous fishing year are no longer participating
in the same Sector for the subsequent fishing year.
(D) Maximum ACE allocation. There is no maximum amount of ACE that
can be allocated to a particular Sector during each fishing year.
(E) Potential sector contribution (PSC). For the purposes of
allocating a share of the available ACL for each NE multispecies stock
to approved Sectors pursuant to Sec. 648.90(a)(4), the landings
history of all limited access NE multispecies permits shall be
evaluated to determine each permit's share of the overall landings for
each NE multispecies stock as specified in paragraphs (b)(1)(i)(E)(1)
and (2) of this section. When calculating an individual permit's share
of the overall landings for a particular regulated species or ocean
pout stock, landed weight shall be converted to live weight to maintain
consistency with the way ACLs are calculated pursuant to Sec.
648.90(a)(4) and the way ACEs are allocated to Sectors pursuant to this
paragraph (b)(1)(i). The PSC calculated pursuant to this paragraph
(b)(1)(i)(E) shall remain with the permit indefinitely, but may be
permanently reduced or eliminated due to a permit sanction or other
enforcement action.
(1) Calculation of PSC for all NE multispecies stocks except GB
cod. Unless otherwise specified in paragraph (b)(1)(i)(E)(2) of this
section, for each valid limited access NE multispecies permit,
including limited access NE multispecies Handgear A permits, dealer
landings of each stock of NE multispecies caught while operating under
the restrictions associated with a limited access NE multispecies
permit, including regulated species or ocean pout caught under a NE
multispecies DAS when participating in the skate or monkfish fisheries,
that are available in the commercial dealer database to NMFS shall be
summed for fishing years 1996 through 2006. This value shall then be
divided by the total landings of each NE multispecies stock during the
same period by all permits eligible to join Sectors as of May 1, 2008.
This produces an individual permit's share of the ACL for each
regulated species or ocean pout stock available to the NE multispecies
fishery. The landings history for each permit includes all landings
that can be attributed to that permit pursuant to this paragraph
(b)(1)(i)(E). For limited access NE multispecies Handgear A permits,
this includes landings by the permitted vessel during fishing years
1996 through 2003 before the adoption of the limited access Handgear A
permit category in 2004.
(2) Calculation of GB cod PSC. The GB cod PSC shall be calculated
as specified in this paragraph (b)(1)(i)(E)(2) and shall remain with
the permit indefinitely regardless whether the vessel participates in
either the GB Cod Hook Gear Sector or the GB Cod Fixed Gear Sector, as
defined in Sec. 648.87(d)(1) or (2), joins a new Sector, or fishes
pursuant to the provisions of the common pool.
(i) GB cod PSC for permits committed to participate in the GB Cod
Hook Gear Sector or GB Cod Fixed Gear Sector. For each valid NE
multispecies permit that committed to participate in either the GB Cod
Hook Gear Sector or the GB Cod Fixed Gear Sector as evidenced by a
valid signature executed on or before March 1, 2008, on a preliminary
roster for either of these Sectors, the PSC for GB cod shall be based
upon the sum of dealer landings of GB cod for fishing years 1996
through 2001, divided by the total landings of GB cod by permits
eligible to join Sectors as of May 1, 2008, during that period. The PSC
for all other regulated species or ocean pout stocks specified for
these permits shall be calculated pursuant to paragraph (b)(1)(i)(E)(1)
of this section.
(ii) GB cod PSC for all other permits. For all NE multispecies
permits that have not committed to participate in either the GB Cod
Hook Gear Sector or GB Cod Fixed Gear Sector, as specified in paragraph
(o)(2)(i) of this section, the GB cod PSC shall be based upon the GB
cod PSC available after accounting for the GB cod PSC calculated
pursuant to paragraph (o)(2)(i) of this section. First, each permit's
individual share of the available GB cod PSC shall be calculated by
dividing the sum of the individual permit's landings of GB cod
available in the commercial dealer database for fishing years 1996
through 2006 by the total landings of GB cod by permits eligible to
join Sectors as of May 1, 2008, during that period, after subtracting
the total landings of GB cod by permits that committed to participate
in either the GB Cod Hook Sector or GB Cod Fixed Gear Sector as of
March 1, 2008, during that period. This individual share shall then
multiplied by the available GB cod PSC calculated by subtracting the GB
cod PSC allocated pursuant to paragraph (b)(1)(i)(E)(2)(i) of this
section from one. This shall provide each vessel's share of the
available GB cod PSC.
(ii) Areas that can be fished. Vessels in a Sector may only fish in
a particular stock area, as specified in paragraphs (b)(1)(ii)(A)
through (F) of this section, and Sec. 648.85(b)(6)(v), or the Eastern
U.S./Canada Area, as specified in Sec. 648.85(a)(1), if the Sector has
been allocated, or acquires pursuant to paragraph (b)(1)(viii) of this
section, ACE for all stocks caught in that stock area. A Sector must
project when its ACE for each stock will be exceeded and must ensure
that all vessels in the Sector cease fishing operations prior to
exceeding it. Once a Sector has harvested its ACE for a stock, all
vessels in that Sector must cease fishing operations in that stock area
with gear capable of catching NE multispecies (i.e., gear not listed as
exempted gear in this part) unless and until it acquires additional ACE
from another Sector pursuant to paragraph (b)(1)(viii) of this section,
or as otherwise specified in an approved operations plan pursuant to
paragraph (b)(2)(xiv) of this section. For the purposes of this
paragraph (b)(1)(ii), an ACE overage means catch of regulated species
or ocean pout by vessels participating in a particular Sector that
exceed the ACE allocated to that Sector, as of the date received or
purchased by the dealer, whichever occurs first.
(A) CC/GOM Yellowtail Flounder Stock Area. The CC/GOM Yellowtail
Flounder Stock Area, for the purposes of identifying stock areas for
trip limits specified in Sec. 648.86, and for determining areas
applicable to Sector allocations of CC/GOM yellowtail flounder ACE
pursuant to paragraph (b) of this section, is the area bounded by
straight lines connecting the following points in the order stated:
[[Page 69452]]
CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
CCGOM1.......................... (\1\) 70[deg]00'
CCGOM2.......................... 41[deg]20' (\2\)
CCGOM3.......................... 41[deg]20' 69[deg]50'
CCGOM4.......................... 41[deg]10' 69[deg]50'
CCGOM5.......................... 41[deg]10' 69[deg]30'
CCGOM6.......................... 41[deg]00' 69[deg]30'
CCGOM7.......................... 41[deg]00' 68[deg]50'
CCGOM8.......................... 42[deg]20' 68[deg]50'
CCGOM9.......................... 42[deg]20' 67[deg]40'
CCGOM10......................... 43[deg]50' 67[deg]40'
CCGOM11......................... 43[deg]50' 66[deg]50'
CCGOM12......................... 44[deg]20' 66[deg]50'
CCGOM13......................... 44[deg]20' 67[deg]00'
CCGOM14......................... (\3\) 67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of south-facing coastline of Cape Cod, MA, and
70[deg]00' W. long.
\2\ Intersection of east-facing coastline of Nantucket, MA, and
41[deg]20' N. lat.
\3\ Intersection of south-facing ME coastline and 67[deg]00' W. long.
(B) SNE/MA Yellowtail Flounder Stock Area. The SNE/MA Yellowtail
Flounder Stock Area, for the purposes of identifying stock areas for
trip limits specified in Sec. 648.86, and for determining areas
applicable to Sector allocations of SNE/MA yellowtail flounder ACE
pursuant to paragraph (b) of this section, is the area bounded by
straight lines connecting the following points in the order stated:
SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SNE1............................ 35[deg]00' (\1\)
SNE2............................ 35[deg]00' 70[deg]00'
SNE3............................ 39[deg]00' 70[deg]00'
SNE4............................ 39[deg]00' 71[deg]40'
SNE5............................ 39[deg]50' 71[deg]40'
SNE6............................ 39[deg]50' 68[deg]50'
SNE7............................ 41[deg]00' 68[deg]50'
SNE8............................ 41[deg]00' 69[deg]30'
SNE9............................ 41[deg]10' 69[deg]30'
SNE10........................... 41[deg]10' 69[deg]50'
SNE11........................... 41[deg]20' 69[deg]50'
SNE12........................... (\2\) 70[deg]00'
SNE13........................... (\3\) 70[deg]00'
SNE14........................... (\4\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection of east-facing coastline of Outer Banks, NC, and
35[deg]00' N. lat.
\2\ Intersection of south-facing coastline of Nantucket, MA, and
70[deg]00' W. long.
\3\ Intersection of north-facing coastline of Nantucket, MA, and
70[deg]00' W. long.
\4\ Intersection of south-facing coastline of Cape Cod, MA, and
70[deg]00' W. long.
(C) GOM Haddock Stock Area. The GOM Haddock Stock Area, for the
purposes of identifying stock areas for trip limits specified in Sec.
648.86 and for determining areas applicable to Sector allocations of
GOM haddock ACE pursuant to paragraph (b) of this section is the area
bounded by straight lines connecting the following points in the order
stated:
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GOMSA1.......................... (\1\) (\1\)
GOMSA2.......................... 43[deg]58' 67[deg]22'
GOMSA3.......................... 43[deg]50' (\2\)
GOMSA4.......................... 43[deg]50' 67[deg]40'
GOMSA5.......................... (\2\) 67[deg]40'
GOMSA6.......................... 42[deg]53.1' 67[deg]44.4'
GOMSA7.......................... (\2\) 67[deg]40'
GOMSA8.......................... 42[deg]20' 67[deg]40'
GOMSA9.......................... 42[deg]20' 70[deg]00'
GOMSA10......................... (\3\) 70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S./Canada maritime
boundary.
\2\ U.S./Canada maritime boundary.
\3\ North-facing shoreline of Cape Cod, MA.
(D) GB Haddock Stock Area. The GB Haddock Stock Area, for the
purposes of identifying stock areas for trip limits specified in Sec.
648.86 and for determining areas applicable to Sector allocations of GB
haddock ACE pursuant to paragraph (b) of this section, is the area
bounded by straight lines connecting the following points in the order
stated:
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GBSA1........................... (\1\) 70[deg]00'
GBSA2........................... 42[deg]20' 70[deg]00'
GBSA3........................... 42[deg]20' (\2\)
GBSA4........................... 40[deg]30' 65[deg]40'
GBSA5........................... 40[deg]30' 66[deg]40'
GBSA6........................... 39[deg]50' 66[deg]40'
GBSA7........................... 39[deg]50' 71[deg]40'
GBSA8........................... (\3\) 71[deg]40'
------------------------------------------------------------------------
\1\ North-facing shoreline of Cape Cod, MA.
\2\ U.S./Canada maritime boundary.
\3\ Intersection With RI Shoreline
(E) Redfish Stock Area. The Redfish Stock Area, for the purposes of
identifying stock areas for trip limits specified in Sec. 648.86 and
for determining areas applicable to Sector allocations of redfish ACE
pursuant to paragraph (b) of this section, is the area bounded by
straight lines connecting the following points in the order stated:
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RFSA1........................... (\1\) (\1\)
RFSA2........................... 43[deg]58' 67[deg]22'
RFSA3........................... 43[deg]50' 67[deg]40'
RFSA4........................... 43[deg]50' 67[deg]40'
RFSA5........................... (\2\) 67[deg]40'
RFSA6........................... 42[deg]53.1' 67[deg]44.4'
RFSA7........................... (\2\) 67[deg]40'
RFSA8........................... 42[deg]20' 67[deg]40'
RFSA9........................... 42[deg]20' (\2\)
RFSA10.......................... 40[deg]30' 65[deg]40'
RFSA11.......................... 39[deg]00' (\2\)
RFSA12.......................... 39[deg]00' 71[deg]40'
RFSA13.......................... (\3\) 71[deg]40'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S./Canada maritime
boundary.
\2\ U.S./Canada maritime boundary.
\3\ Intersection with RI shoreline.
(F) GOM Winter Flounder Stock Area. The GOM Winter Flounder Stock
Area, for the purposes of identifying stock areas for trip limits
specified in Sec. 648.86 and for determining areas applicable to
Sector allocations of GOM winter flounder ACE pursuant to paragraph (b)
of this section, is the area bounded by straight lines connecting the
following points in the order stated:
GOM Winter Flounder Stock Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
GOM1............................ (\1\) 70[deg]00'
GOM2............................ 42[deg]20' 70[deg]00'
GOM3............................ 42[deg]20' 67[deg]40'
GOM4............................ 43[deg]50' 67[deg]40'
GOM5............................ 43[deg]50' 66[deg]50'
GOM6............................ 44[deg]20' 66[deg]50'
GOM7............................ 44[deg]20' 67[deg]00'
GOM8............................ (\2\) 67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W. long.
\2\ Intersection of the south-facing Maine coastline and 67[deg]00' W.
long.
(iii) Sector AMs. At the end of the fishing year, NMFS shall
evaluate Sector catch using VTR, VMS, IVR, and any other available
information to determine whether a Sector has exceeded any of its ACE
allocations based upon the cumulative catch by participating permits/
vessels, as identified in the final operations plan approved by the
Regional Administrator pursuant to paragraph (c) of this section, and
each Sector's share of any overage of the overall ACL for any stock
caused by excessive catch by other sub-components of the fishery
pursuant to Sec. 648.90(a)(5), if necessary. Should an ACE allocated
to a Sector be exceeded in a given fishing year, the Sector's ACE shall
be reduced by the overage on a pound-for-pound basis during the
following fishing year, and the Sector, each vessel, vessel operator
and/or vessel owner participating in the Sector may be charged, as a
result of said overages, jointly and severally for civil penalties and
permit sanctions pursuant to 15 CFR part 904. For the purposes of this
paragraph (b)(1)(iii), an ACE overage means catch of regulated species
or ocean pout by vessels participating in a particular Sector that
exceed the ACE allocated to that Sector, as of the date received or
purchased by the dealer, whichever occurs first, after
[[Page 69453]]
considering all ACE transfer requests received and/or approved by NMFS
during the current fishing year (including those that are submitted up
to 2 weeks into the following fishing year), pursuant to paragraph
(b)(1)(viii) of this section, unless otherwise specified pursuant to
Sec. 648.90(a)(5). If an ACE allocated to a Sector is not exceeded in
a given fishing year pursuant to this paragraph (b)(1)(iii), the
Sector's ACE allocation shall not be reduced for the following fishing
year as a result of an overage of an ACE by non-compliant Sectors or an
overage of sub-ACLs allocated to common pool vessels, but may be
reduced if the excessive catch of a particular stock by other sub-
components of the fishery causes the overall ACL of a particular stock
to be exceeded pursuant to Sec. 648.90(a)(5). If declining stock
conditions result in a need to reduce fishing mortality, and all
Sectors and common pool vessels have operated within their ACE or sub-
ACL limits, a Sector's percentage share shall not be changed, but the
amount this share represents may be reduced due to reduced overall ACL
for a particular stock. If stock conditions improve, and certain
Sectors stay within their ACE while other Sectors or the common pool
exceed their respective ACEs or sub-ACLs, the Sectors that stay within
their ACEs shall receive a temporary increase in ACE equal to the
amount that other Sectors or the common pool exceeded their ACE or sub-
ACL, divided among such Sectors proportional to each Sector's share of
the ACL available to vessels issued a limited access NE multispecies
permit.
(A) Overage penalty if there is sufficient ACE to cover the
overage. If a Sector exceeds an ACE allocated to it during the previous
fishing year, but has sufficient ACE to address the overage pursuant to
this paragraph (b)(1)(iii) based upon the cumulative PSCs of
participating vessels during the fishing year following the overage, no
overage penalty shall be applied to any member permit/vessel that
leaves that Sector to fish under the provisions of the common pool or
in another Sector in the year following the overage. Any impacts to
departing member permits/vessels may be specified and addressed by the
Sector operations plan and associated Sector contract.
(B) Overage penalty if there is insufficient ACE to cover an
overage. If a Sector exceeds an ACE allocated to it during the previous
fishing year, but disbands in the year following the overage, or
otherwise does not have sufficient ACE to address the overage pursuant
to this paragraph (b)(1)(iii) based upon the cumulative PSCs of
permits/vessels participating in that Sector during the fishing year
following the overage, individual permit holders that participated in
the Sector during the fishing year in which the overage occurred shall
be responsible for reducing their DAS/PSC to account for that overage
in the subsequent fishing year, as follows:
(1) PSC reduction. If a Sector disbands following an overage, and
the owner of an individual permit joins another Sector for the
subsequent fishing year, that permit's contribution toward the ACE for
the stock for which the overage occurred to the other Sector in the
subsequent fishing year shall be reduced by an amount equal to the
overage divided by the number of permits/vessels participating in the
Sector during the fishing year in which the overage occurred. For
example, if a Sector comprised of 10 permits/vessels exceeded its GB
cod ACE by 10,000 lb (4,536 kg) during the previous fishing year, but
later disbands, each permit/vessel that was in that Sector, but then
joins another Sector during the following fishing year shall have its
contribution of GB cod to another Sector temporarily reduced by 1,000
lb (453.6 kg) during the subsequent fishing year for the purposes of
calculating the available GB cod ACE allocated to another Sector during
that fishing year.
(2) DAS reduction. If a Sector disbands following an overage and
the owner of an individual permit elects to fish under the provisions
of the common pool during the subsequent fishing year, that permit/
vessel's NE multispecies Category A DAS allocation for the subsequent
fishing year shall be temporarily reduced by an amount proportional to
the highest percentage overage by that Sector of any of the stocks for
which an overage occurred. For example, if a Sector exceeded its GB cod
ACE by 10 percent and its pollock ACE by 15 percent, each permit would
receive a 15-percent reduction in its Category A DAS allocation for the
subsequent fishing year if fishing under the provisions of the common
pool.
(3) Fishing prohibition. If a Sector does not disband following an
overage, but otherwise does not have sufficient ACE to cover an overage
based upon the PSC of participating permits, that Sector's ACE for the
stock for which the overage occurred shall be temporarily reduced to
zero for the following fishing year, and that Sector shall be
prohibited from fishing in the stock area associated with the stock for
which the ACE was exceeded during the following year, unless and until
that Sector can acquire sufficient ACE from another Sector to cover the
remaining overage from the previous fishing year. For example, if a
Sector comprised of 10 permits/vessels was allocated 10 mt of GB cod
ACE, but caught 25 mt during the previous fishing year (i.e., it
exceeded its GB cod ACE by 15 mt), each permit/vessel that
participating in that Sector during the following fishing year would
have its GB cod PSC temporarily reduced to zero during the subsequent
fishing year, and that Sector would not be able to fish with gear
capable of catching NE multispecies (i.e., gear not listed as exempted
gear in this part) in the GB cod stock area until it could acquire at
least an additional 5 mt of GB cod ACE from another Sector (i.e., 15 mt
overage-10 mt ACE for the following year = 5 mt overage remaining).
(C) ACE buffer. At the beginning of each fishing year, NMFS shall
withhold 20 percent of a Sector's ACE for each stock for a period of up
to 61 days (i.e., through June 30) to allow time to process any ACE
transfers submitted by May 15 pursuant to paragraph (b)(1)(viii) of
this section and to determine whether the ACE allocated to any Sector
needs to be reduced, or any overage penalties need to be applied to
individual permits/vessels in the current fishing year to accommodate
an ACE overage by that Sector during the previous fishing year, as
specified in paragraph (b)(1)(iii) of this section.
(iv) Sector enforcement--(A) Sector compliance and joint/several
liability. Unless exempted through a letter of authorization specified
in paragraph (c)(2) of this section, each vessel operator and/or vessel
owner fishing under an approved Sector must comply with all NE
multispecies management measures of this part and other applicable law.
Each vessel and vessel operator and/or vessel owner participating in a
Sector must also comply with all applicable requirements and conditions
of the operations plan specified in paragraph (b)(2) of this section
and the letter of authorization issued pursuant to paragraph (c)(2) of
this section. Pursuant to 15 CFR part 904, each Sector, permit/vessel
owner, and vessel operator participating in the Sector may be charged
jointly and severally for violations of the following Sector operations
plan requirements, which may result in an assessment of civil penalties
and permit sanctions: ACE overages, discarding of legal-sized NE
multispecies, and misreporting of catch, including both landings and
discards. For the purposes of enforcement, a Sector is a legal entity
that can be subject to NMFS enforcement action for violations of the
regulations pertaining to Sectors, as specified in this paragraph
(b)(1)(iv).
[[Page 69454]]
(B) Commitment to a Sector. A permit/vessel participating in a
Sector must remain in the Sector for the remainder of the fishing year.
Such permits/vessels cannot fish under both the Sector provisions and
the provisions of the common pool during that same fishing year for any
reason, including, but not limited to, expulsion from the Sector
pursuant to enforcement actions specified in an approved Sector
operations plan, permit replacement, or permit/vessel sale to another
owner. For example, if a permit/vessel is sold by a Sector participant
during the fishing year, the new owner must comply with the Sector
regulations for the remainder of the fishing year. If a permit/vessel
has been expelled from a Sector, the Sector must notify NMFS of such an
expulsion immediately. Any permit/vessel, vessel operator, or vessel
owner removed from a Sector during a specific fishing year for
violation of the Sector rules shall not be eligible to fish under the
NE multispecies regulations for common pool vessels specified in this
part for the remainder of that fishing year.
(v) Sector monitoring. Each Sector shall monitor catch by
participating Sector vessels to ensure that ACEs are not exceeded
during the fishing year, as specified in this paragraph (b)(1)(v). The
Sector shall summarize trips validated by dealer reports; oversee the
use of electronic monitoring equipment and review of associated data;
maintain a database of VTR, dealer, observer, and electronic monitoring
reports; determine all species landings by stock areas; apply discard
estimates to landings; deduct catch from ACEs allocated to Sectors; and
report Sector catch on a weekly basis to NMFS, as required in paragraph
(b)(1)(vi) of this section. Unless otherwise specified in this
paragraph (b)(1)(v), all catches of stocks allocated to Sectors by
vessels on a Sector trip shall be deducted from the Sector's ACE for
each NE multispecies stock regardless of what fishery the vessel was
participating in when the fish was caught. For the purposes of this
paragraph (b)(1)(v), any regulated species or ocean pout caught using
gear capable of catching NE multispecies (i.e., gear not listed as
exempted gear under this part) would be deducted from a Sector's ACE if
such catch contributed to the specification of PSC, as described in
Sec. 648.87(b)(1)(i)(E), and would not apply to another ACL sub-
component pursuant to Sec. 648.90(a)(4). For example, any regulated
species or ocean pout caught while fishing for or catching skates or
monkfish pursuant to the regulations for those fisheries would be
deducted from the Sector's ACE for each stock because such regulated
species or ocean pout were caught while also operating under a NE
multispecies DAS. However, if a Sector vessel is issued a limited
access General Category Atlantic Sea Scallop permit and fishes for
scallops under the provisions specific to that permit, any yellowtail
flounder caught by the vessel on such trips would be deducted from the
other sub-component of the appropriate stock of yellowtail flounder's
ACL specified for the Atlantic Sea Scallop fishery and not from the
yellowtail flounder ACE for the Sector.
(A) Discards. A Sector vessel may not discard any legal-sized
regulated species or ocean pout allocated to Sectors pursuant to
paragraph (b)(1)(i) of this section, unless otherwise required pursuant
to Sec. 648.86(l). Discards of undersized regulated species or ocean
pout by a Sector vessel must be reported to NMFS consistent with the
reporting requirements specified in paragraph (b)(1)(vi) of this
section. Discards shall not be included in the information used to
calculate a vessel's PSC, as described in Sec. 648.87(b)(1)(i)(E), but
shall be counted against a Sector's ACE for each NE multispecies stock
allocated to a Sector.
(B) Independent third-party monitoring program. Beginning in
fishing year 2010, a Sector must develop, implement, and pay for, to
the extent not funded by NMFS, an independent third-party dockside/
roving and at-sea/electronic monitoring program that is satisfactory
to, and approved by, NMFS for monitoring landings and utilization of
Sector ACE, as specified in this paragraph (b)(1)(v)(B). Any service
providers providing dockside/roving and at-sea monitoring services
pursuant to this paragraph (b)(1)(v)(B) must meet the service provider
standards specified in paragraph (b)(4) of this section, and any
dockside/roving and at-sea/electronic monitoring program proposed by
Sectors must meet the operational standards specified in paragraph
(b)(5) and (b)(6) of this section, respectively, and be approved/
certified by NMFS in a manner consistent with the Administrative
Procedure Act.
(1) Dockside/roving monitors. Dockside/roving monitors shall
monitor landings of regulated species and ocean pout by Sector vessels
at the first point of offload, whether directly to a federally
permitted dealer or to a truck for transfer to a federally permitted
dealer, to verify such landings at the time the landings are weighed by
a federally permitted dealer and to certify the landing weights are
accurate as reported on the dealer report. The level of coverage for
landings by Sector vessels is specified in paragraph (b)(1)(v)(B)(3) of
this section. To ensure that these levels of coverage are achieved, if
a trip has been selected to be observed by a dockside/roving monitor,
all offloading events associated with that trip, regardless of how many
or the location of offloading events, must be monitored. For example,
if a trip is selected to be observed by a dockside/roving monitor, a
vessel offloading at more than one dealer or facility must have a
dockside/roving monitor present during the offload at each location.
The details of the dockside/roving monitoring program used by each
Sector must be specified in the Sector's operations plan and must be
consistent with the operational standards specified in paragraph (b)(5)
of this section. The Regional Administrator shall review the dockside/
roving monitoring program and approve/disapprove it as part of the
yearly operations plan in a manner consistent with the Administrative
Procedure Act.
(2) At-sea/electronic monitoring program. Beginning in fishing year
2012, in addition to the dockside/roving monitoring requirement
specified in paragraph (b)(1)(v)(B)(1) of this section, an at-sea/
electronic monitoring program must be implemented to verify area fished
as well as catch and discards by species and gear type. A Sector may
elect to develop an at-sea/electronic monitoring program before fishing
year 2012 and specify the details of such a program in its operations
plan. Electronic monitoring may be used in place of actual observers if
the technology is deemed sufficient by NMFS for a specific trip type
based on gear type and area fished, in a manner consistent with the
Administrative Procedure Act. No electronic monitoring technology may
be used in place of an at-sea monitor unless approved by NMFS as part
of the Sector's annual operations plan. If either an at-sea monitor or
electronic monitoring is assigned to a particular trip, a vessel may
not leave port without the appropriate at-sea monitor or electronic
monitoring equipment on board. The at-sea/electronic monitoring program
developed and implemented by each Sector must be consistent with the
operational standards specified in paragraph (b)(6) of this section,
with details of the program specified in the Sector's annual operations
plan. The Regional Administrator shall review the at-sea/electronic
monitoring program and approve/disapprove it as part of the annual
operations plan in a manner
[[Page 69455]]
consistent with the Administrative Procedure Act. The level of coverage
for landings by Sector vessels is specified in paragraph
(b)(1)(v)(B)(3) of this section.
(3) Coverage levels. Any service provider providing dockside/roving
or at-sea monitoring services required under this paragraph
(b)(1)(v)(B)(3) must provide coverage that is fair, equitable, and
distributed in a statistically random manner among all trips such that
coverage is representative of fishing activities by all vessels within
each Sector and by all Sector vessel operations throughout the fishing
year.
(i) Dockside/roving monitoring. For fishing year 2010, at least 50
percent of all Sector trips shall be monitored by dockside/roving
monitors. Beginning in fishing year 2011, at least 20 percent of all
Sector trips shall be monitored by dockside/roving monitors.
(ii) At-sea/electronic monitoring. Beginning in fishing year 2012,
coverage levels for an at-sea monitoring program shall be specified by
NMFS, but shall be less than 100 percent of all Sector trips. Such
coverage levels must be sufficient to at least meet the coefficient of
variation specified in the Standardized Bycatch Reporting Methodology
and accurately monitor Sector operations. In the event that a NMFS-
sponsored observer and a third-party at-sea monitor are assigned to the
same trip, only the NMFS observer must observe that trip.
(4) Hail reports. For the purposes of the dockside/roving and at-
sea monitoring requirements specified in this paragraph (b)(1)(v)(B),
Sector vessels must submit all hail reports for a Sector trip in which
the NE multispecies catch applies against the ACE allocated to a
Sector, as specified in this part, to service providers offering
dockside/roving and at-sea monitoring services pursuant to this
paragraph (b)(1)(v)(B). The mechanism and timing of the transmission of
such hail reports must be specified in the annual Sector operations
plan, consistent with paragraphs (b)(5) and (6) of this section.
(5) Notification of service provider change. If for any reason a
Sector decides to change service providers used to provide the
dockside/roving and at-sea monitoring services required in this
paragraph (b)(1)(v), the Sector manager must first inform NMFS of the
effective date of the change in service providers in conjunction with
the submission of the next weekly Sector catch report specified in
paragraph (b)(1)(vi)(B) of this section. A Sector may employ more than
one service provider at any time, provided any service provider
employed by a Sector meets the standards specified in paragraph (b)(4)
of this section.
(vi) Sector reporting requirements. In addition to the other
reporting/recordkeeping requirements specified in this part, a Sector's
vessels must comply with the reporting requirements specified in this
paragraph (b)(1)(vi).
(A) VMS declarations and trip-level catch reports. Prior to each
Sector trip, a Sector vessel must declare into broad stock areas in
which the vessel fishes and submit the VTR serial number associated
with that trip pursuant to Sec. 648.10(k). The Sector vessel must also
submit a VMS catch report detailing regulated species and ocean pout
catch by broad stock areas when fishing in multiple stock areas on the
same trip, pursuant to Sec. 648.10(k).
(B) Weekly catch report. Each Sector must submit weekly reports to
NMFS stating the remaining balance of ACE allocated to each Sector
based upon regulated species and ocean pout landings and discards of
vessels participating in that Sector and any compliance/enforcement
concerns. These reports must include at least the following
information, as instructed by the Regional Administrator: Week ending
date; species, stock area, gear, number of trips, reported landings
(landed pounds and live pounds), discards (live pounds), total catch
(live pounds), status of the Sector's ACE (pounds remaining and percent
remaining), and whether this is a new or updated record of Sector catch
for each NE multispecies stock allocated to that particular Sector;
Sector enforcement issues, including any discrepancies noted by
dockside/roving monitors between dealers and offloads; summary of
offloads witnessed by dockside/roving monitors for that reporting week;
and a list of vessels landing for that reporting week. These weekly
catch reports must be submitted no later than 2359 hr on Thursday of
the week following the reporting week, as defined in this part. The
frequency of these reports must be increased to more than a weekly
submission when the balance of remaining ACE is low, as specified in
the Sector operations plan and approved by NMFS. If requested, Sectors
must provide detailed trip-by-trip catch data to NMFS for the purposes
of auditing Sector catch monitoring data based upon guidance provided
by the Regional Administrator.
(C) Year-end report. An approved Sector must submit an annual year-
end report to NMFS and the Council, no later than 60 days after the end
of the fishing year, that summarizes the fishing activities of
participating permits/vessels, which must include at least the
following information: Catch, including landings and discards, of all
species by Sector vessels; the permit number of each Sector vessel that
fished for regulated species or ocean pout; the number of vessels that
fished for non-regulated species or ocean pout; the method used to
estimate discards by Sector vessels; the landing port used by Sector
vessels; enforcement actions; and other relevant information required
to evaluate the biological, economic, and social impacts of Sectors and
their fishing operations consistent with confidentiality requirements
of applicable law.
(vii) Interaction with other fisheries--(A) Use of DAS. A Sector
vessel must comply with all measures specified for another fishery
pursuant to this part, including any requirement to use a NE
multispecies DAS. If the regulations of another fishery require the use
of a NE multispecies DAS, the DAS allocation and accrual provisions
specified in Sec. 648.82(d) and (e), respectively, apply to each trip
by a Sector vessel, as applicable. For example, if a Sector vessel is
also issued a limited access monkfish Category C permit and is required
to use a NE multispecies DAS concurrent with a monkfish DAS under this
part, any NE multispecies DAS used by the Sector vessel accrues, as
specified in Sec. 648.82(e)(1)(ii) based upon the vessel's NE
multispecies DAS allocation calculated pursuant to Sec.
648.82(d)(1)(iv)(B).
(B) Availability of ACE. Notwithstanding the requirements in
paragraph (b)(1)(vii)(A) of this section, if a Sector has not been
allocated or does not acquire sufficient ACE available to cover the
catch of a particular stock of NE multispecies while participating in
another fishery in which such catch would apply to the ACE allocated to
a Sector, vessels participating in that Sector cannot participate in
those other fisheries unless NMFS has approved a Sector operations plan
that ensures that regulated species or ocean pout will not be caught
while participating in these other fisheries.
(viii) ACE transfers. Unless otherwise specified pursuant to
paragraph (b)(1)(viii)(D) of this section, all or a portion of a
Sector's ACE for any NE multispecies stock may be transferred to
another Sector at any time during the fishing year and up to 2 weeks
into the following fishing year (i.e., through May 14) to cover any
overages during the previous fishing year. A Sector is not required to
transfer ACE to another Sector. An ACE transfer only becomes effective
upon approval by NMFS, as specified in paragraph (b)(1)(viii)(B).
[[Page 69456]]
(A) Application to transfer ACE. ACE may be transferred from one
Sector to another through written request to the Regional
Administrator. This request must include the name of the Sectors
involved, the amount of each ACE to be transferred, the fishing year in
which the ACE transfer applies, and the amount of compensation received
for any ACE transferred, as instructed by the Regional Administrator.
(B) Approval of an ACE transfer request. NMFS shall approve/
disapprove a request to transfer ACE based upon compliance by each
Sector and its participating vessels with the reporting requirements
specified in this part. The Regional Administrator shall inform both
Sectors in writing whether the ACE transfer request has been approved
within 2 weeks of the receipt of the ACE transfer request.
(C) Duration of transfer. Notwithstanding ACE carried over into the
next fishing year pursuant to paragraph (b)(1)(i)(C) of this section,
ACE transferred pursuant to this paragraph (b)(1)(viii) is only valid
for the fishing year in which the transfer is approved, with the
exception of ACE transfer requests that are submitted up to 2 weeks
into the subsequent fishing year to address any potential ACE overages
from the previous fishing year, as provided in paragraph (b)(1)(iii) of
this section.
(D) Transfer of ACE by NOAA-sponsored permit banks. A state-
operated permit bank sponsored by NOAA shall be considered a Sector for
the exclusive purpose of transferring ACE to qualifying Sectors. Such
permit banks will be allocated ACE for a fishing year based on the PSCs
of permits owned by the permit bank that are declared as ACE permits
for that fishing year. All or a portion of a permit bank's ACE for any
NE multispecies stock may be transferred to a qualifying Sector at any
time during the fishing year. Permit banks may only act as the
transferor in an ACE transfer.
(ix) Trip limits. With the exception of stocks listed in Sec.
648.87(l), a Sector vessel is not limited in the amount of allocated NE
multispecies stocks that can be harvested on a particular fishing trip,
unless otherwise specified in the operations plan.
(2) Operations plan and Sector contract. To be approved to operate,
each Sector must submit an operations plan and Sector contract to the
Regional Administrator no later than September 1 prior to the fishing
year in which the Sector intends to begin operations. This operations
plan may cover a 1- or 2-year period, provided the analysis required in
paragraph (b)(3) of this section is sufficient to assess the impacts of
Sector operations during the 2-year period and that Sector membership,
or any other parameter that may affect Sector operations during the
second year of the approved operations plan, does not differ to the
point where the impacts analyzed by the supporting NEPA document are
compromised. Each vessel and vessel operator and/or vessel owner
participating in a Sector must agree to and comply with all applicable
requirements and conditions of the operations plan specified in this
paragraph (b)(2) and the letter of authorization issued pursuant to
paragraph (c)(2) of this section. It shall be unlawful to violate any
such conditions and requirements unless such conditions or restrictions
are identified as administrative only in an approved operations plan.
At least the following elements must be contained in either the
operations plan or Sector contract:
(i) A list of all parties, vessels, and vessel owners who will
participate in the Sector;
(ii) A list of all Federal and state permits held by persons
participating in the Sector, including an indication for each permit
whether it is enrolled and will actively fish in a Sector, or will be
subject to the provisions of the common pool;
(iii) A contract signed by all Sector participants indicating their
agreement to abide by the operations plan;
(iv) The name of a designated representative or agent of the Sector
for service of process;
(v) If applicable, a plan for consolidation or redistribution of
ACE detailing the quantity and duration of such consolidation or
redistribution within the Sector;
(vi) A list of the specific management rules the Sector
participants will agree to abide by in order to avoid exceeding the
allocated ACE for each stock, including a plan of operations or
cessation of operations once the ACEs of one or more stocks are
harvested and detailed plans for enforcement of the Sector rules;
(vii) A plan that defines the procedures by which members of the
Sector that do not abide by the rules of the Sector will be disciplined
or removed from the Sector, and a procedure for notifying NMFS of such
expulsions from the Sector;
(viii) If applicable, a plan of how the ACE allocated to the Sector
is assigned to each vessel;
(ix) If the operations plan is inconsistent with, or outside the
scope of the NEPA analysis associated with the Sector proposal/
framework adjustment as specified in paragraph (a)(1) of this section,
a supplemental NEPA analysis may be required with the operations plan;
(x) Detailed information about overage penalties or other actions
that will be taken if a Sector exceeds its ACE for any stock;
(xi) Detailed plans for the monitoring and reporting of landings
and discards by Sector participants, including, but not limited to,
detailed information describing the Sector's dockside/roving and at-
sea/electronic monitoring program for monitoring utilization of ACE
allocated to that Sector; identification of the independent third-party
service providers employed by the Sector to provide dockside/roving and
at-sea/electronic monitoring services; the mechanism and timing of any
hail reports necessary to coordinate the deployment of dockside/roving
and at-sea monitors and electronic monitoring equipment; a list of
specific ports where participating vessels will land fish, with
specific exemptions noted for safety, weather, etc., allowed, provided
the Sector provides reasonable notification to NMFS concerning a
deviation from the listed ports; and any other information about such a
program required by NMFS;
(xii) ACE thresholds that may trigger revisions to Sector
operations to ensure allocated ACE is not exceeded, and details
regarding the Sector's plans for notifying NMFS once the specified ACE
threshold has been reached;
(xiii) Identification of any potential redirection of effort into
other fisheries expected as a result of Sector operations, and, if
necessary, proposed limitations to eliminate any adverse effects
expected from such redirection of effort;
(xiv) If applicable, description of how regulated species and ocean
pout will be avoided while participating in other fisheries that have a
bycatch of regulated species or ocean pout if the Sector does not have
sufficient ACE for stocks of regulated species or ocean pout caught as
bycatch in those fisheries, as specified in paragraph (b)(1)(vii)(B) of
this section; and
(xv) A list of existing regulations that the Sector is requesting
exemption from during the following fishing year pursuant to paragraph
(c)(2) of this section.
(3) NEPA analysis. In addition to the documents required by
paragraphs (a)(1) and (b)(2) of this section, before NMFS can approve a
Sector to operate during a particular fishing year, each Sector must
develop and submit to NMFS, in conjunction with the yearly operations
plan and Sector contract, an appropriate
[[Page 69457]]
NEPA analysis assessing the impacts of forming the Sector and operating
under the measures described in the Sector operations plan.
(4) Independent third-party monitoring provider standards. Any
service provider intending to provide dockside/roving and at-sea/
electronic monitoring services described in Sec. 648.82(n)(2) and
paragraph (b)(1)(v) of this section must apply to and be approved/
certified by NMFS in a manner consistent with the Administrative
Procedure Act. NMFS shall approve/certify service providers and
associated dockside, roving, and/or at-sea monitors as eligible to
provide Sector monitoring services specified in this part and can
disapprove/decertify service providers and/or individual monitors
through notice in writing to individual service providers/monitors if
the following criteria are no longer being met:
(i) Service provider information. As part of the application for
service provider approval/certification, potential service providers
must include at least the following information:
(A) Identification of corporate structure, including the names and
duties of controlling interests in the company such as owners, board
members, authorized agents, and staff; and articles of incorporation,
or a partnership agreement, as appropriate;
(B) Contact information for official correspondence and
communication with any other office;
(C) A statement, signed under penalty of perjury, from each owner,
board member, and officer that they are free from a conflict of
interest with fishing-related parties including, but not limited to,
vessels, dealers, shipping companies, Sectors, Sector managers,
advocacy groups, or research institutions and will not accept, directly
or indirectly, any gratuity, gift, favor, entertainment, loan, or
anything of monetary value from such parties;
(D) A statement, signed under penalty of perjury, from each owner,
board member, and officer describing any criminal convictions, Federal
contracts they have had, and the performance rating they received on
the contract, and previous decertification action while working as an
observer or observer service provider;
(E) A description of any prior experience the applicant may have in
placing individuals in remote field and/or marine work environments
including, but not limited to, recruiting, hiring, deployment, and
personnel administration;
(F) A description of the applicant's ability to carry out the
responsibilities and duties of a Sector monitoring/reporting service
provider and the arrangements to be used, including whether the service
provider is able to offer dockside and/or at-sea monitoring services;
(G) Evidence of adequate insurance (copies of which shall be
provided to the vessel owner, operator, or vessel manager, when
requested) to cover injury, liability, and accidental death to cover
dockside, roving, and at-sea monitors (including during training);
vessel owner; and service provider;
(H) Proof of benefits and personnel services provided in accordance
with the terms of each monitor's contract or employment status;
(I) Proof that the service provider's dockside, roving, and at-sea
monitors have passed an adequate training course sponsored by the
service providers to the extent not funded by NMFS that is consistent
with the curriculum used in the current yearly NEFOP training course,
unless otherwise specified by NMFS;
(J) An Emergency Action Plan describing the provider's response to
an emergency with a dockside, roving, and at-sea monitors, including,
but not limited to, personal injury, death, harassment, or
intimidation; and
(K) Evidence that the company is in good financial standing;
(ii) Service provider performance requirements. Dockside/roving and
at-sea monitoring service providers must be able to document compliance
with the following criteria and requirements:
(A) A service provider must establish and carry out a comprehensive
plan to deploy NMFS-certified dockside, roving, and/or at-sea monitors,
or other at-sea monitoring mechanism, such as electronic monitoring
equipment that is approved by NMFS, according to a prescribed coverage
level (or level of precision for catch estimation), as specified by
NMFS, including all of the necessary vessel reporting/notice
requirements to facilitate such deployment, as follows:
(1) A service provider must be available to industry 24 hr per day,
7 days per week, with the telephone system monitored a minimum of four
times daily to ensure rapid response to industry requests;
(2) A service provider must be able to deploy dockside, roving,
and/or at-sea monitors, or other approved at-sea monitoring mechanism
to all ports in which service is required by Sectors, or a subset of
ports as part of a contract with a particular Sector;
(3) A service provider must report dockside, roving, and at-sea
monitors and other approved at-sea monitoring mechanism deployments to
NMFS and the Sector manager in a timely manner to determine whether the
predetermined coverage levels are being achieved for the appropriate
Sector;
(4) A service provider must assign dockside, roving, and at-sea
monitors and other approved at-sea monitoring mechanisms without regard
to any preference by the Sector manager or representatives of vessels
other than when the service is needed and the availability of approved/
certified monitors and other at-sea monitoring mechanisms;
(5) A service provider's dockside, roving, and at-sea monitor
assignment must be fair, equitable, representative of fishing
activities within each Sector, and able to monitor fishing activity
throughout the fishing year;
(6) For service providers offering catch estimation or at-sea
monitoring services, a service provider must be able to determine an
estimate of discards for each trip and provide such information to the
Sector manager and NMFS, as appropriate and as required by this
section;
(B) The service provider must ensure that dockside, roving, and at-
sea monitors remain available to NMFS, including NMFS Office for Law
Enforcement, for debriefing for at least 2 weeks following any
monitored trip/offload;
(C) The service provider must report possible dockside, roving, and
at-sea monitor harassment; discrimination; concerns about vessel safety
or marine casualty; injury; and any information, allegations, or
reports regarding dockside, roving, or at-sea monitor conflict of
interest or breach of the standards of behavior to NMFS and/or the
Sector manager, as specified by NMFS;
(D) The service provider must submit to NMFS, if requested, a copy
of each signed and valid contract (including all attachments,
appendices, addendums, and exhibits incorporated into the contract)
between the service provider and those entities requiring services
(i.e., Sectors and participating vessels) and between the service
provider and specific dockside, roving, or at-sea monitors;
(E) The service provider must submit to NMFS, if requested, copies
of any information developed and used by the service providers
distributed to vessels, such as informational pamphlets, payment
notification, description of duties, etc.;
(F) A service provider may refuse to deploy a dockside, roving, or
at-sea monitor or other approved at-sea monitoring mechanism on a
requesting
[[Page 69458]]
fishing vessel for any reason including, but not limited to, the
following:
(1) If the service provider does not have an available dockside/
roving monitor prior to a vessel's intended date/time of landing, or if
the service provider does not have an available at-sea monitor or other
at-sea monitoring mechanism approved by NMFS within the advanced notice
requirements established by the service provider;
(2) If the service provider is not given adequate notice of vessel
departure or landing from the Sector manager or participating vessels,
as specified by the service provider;
(3) For the purposes of at-sea monitoring, if the service provider
has determined that the requesting vessel is inadequate or unsafe
pursuant to the reasons described in Sec. 600.746; and
(4) Failure to pay for previous deployments of dockside, roving, or
at-sea monitors, or other approved at-sea monitoring mechanism.
(G) With the exception of a service provider offering reporting,
dockside, and/or at-sea monitoring services to participants of another
fishery managed under Federal regulations, a service provider must not
have a direct or indirect interest in a fishery managed under Federal
regulations, including, but not limited to, fishing vessels, dealers,
shipping companies, Sectors, Sector managers, advocacy groups, or
research institutions and may not solicit or accept, directly or
indirectly, any gratuity, gift, favor, entertainment, loan, or anything
of monetary value from anyone who conducts fishing or fishing-related
activities that are regulated by NMFS, or who has interests that may be
substantially affected by the performance or nonperformance of the
official duties of service providers;
(H) A system to record, retain, and distribute the following
information to NMFS, as requested, for a period specified by NMFS,
including:
(1) Dockside, roving, and/or at-sea monitor and other approved
monitoring equipment deployment levels, including the number of
refusals and reasons for such refusals;
(2) Incident/non-compliance reports (e.g., failure to offload
catch); and
(3) Hail reports, landings records, and other associated
interactions with vessels and dealers.
(I) A means to protect the confidentiality and privacy of data
submitted by vessels, as required by the Magnuson-Stevens Act; and
(J) A service provider must be able to supply dockside and at-sea
monitors with sufficient safety and data-gathering equipment, as
specified by NMFS.
(iii) Standards for individual dockside/roving monitors. For an
individual to be approved/certified as a dockside or roving monitor,
the service provider must demonstrate that each potential monitor meets
the following criteria:
(A) A high school diploma or legal equivalent;
(B) Successful completion of all NMFS-required training and
briefings before deployment;
(C) Physical and mental capacity for carrying out the
responsibilities of a dockside/roving monitor pursuant to standards
established by NMFS, such as being certified by a physician to be
physically fit to work as a dockside/roving monitor after consideration
that a monitor may be required to climb a ladder to inspect fish holds
and/or trucks;
(D) Absence of fisheries-related convictions based upon a thorough
background check; and
(E) Independence from fishing-related parties including, but not
limited to, vessels, dealers, shipping companies, Sectors, Sector
managers, advocacy groups, or research institutions to prevent
conflicts of interest.
(iv) Standards for individual at-sea monitors. For an individual to
be approved/certified as an at-sea monitor, the service provider must
demonstrate that each potential monitor meets the following criteria:
(A) A high school diploma or legal equivalent;
(B) Successful completion of all NMFS-required training and
briefings before deployment;
(C) Physical and mental capacity for carrying out the
responsibilities of an at-sea monitor on board fishing vessels,
pursuant to standards established by NMFS such as being certified by a
physician to be physically fit to work as an at-sea monitor after
consideration of at least the following work-related issues:
(1) Susceptibility to chronic motion sickness;
(2) Ability to live in confined quarters;
(3) Ability to tolerate stress;
(4) Ability to lift and carry heavy objects up to 50 lb (22.7 kg);
(5) Ability to drag heavy objects up to 200 lb (90.7 kg); and
(6) Ability to climb a ladder.
(D) A current Red Cross (or equivalent) CPR/first aid
certification;
(E) Absence of fisheries-related convictions, based upon a thorough
background check; and
(F) Independence from fishing-related parties including, but not
limited to, vessels, dealers, shipping companies, Sectors, Sector
managers, advocacy groups, or research institutions to prevent
conflicts of interest.
(5) Dockside monitoring operational standards. In addition to the
independent third-party monitoring provider standards specified in
paragraph (b)(4) of this section, any dockside monitoring program
developed as part of a Sector's yearly operations plan pursuant to
paragraph (b)(1)(v)(B)(1) of this section, or required as part of the
trimester TAC AM specified in Sec. 648.82(n)(2) must meet the
following operational standards to be approved by NMFS:
(i) Vessel requirements--(A) Reporting/recordkeeping requirements.
In addition to all other reporting/recordkeeping requirements specified
in this part, to facilitate the deployment of independent dockside and
roving monitors pursuant to Sec. 648.82(n)(2)(iv) and paragraph
(b)(1)(v) of this section, the operator of a vessel fishing under the
provisions of the common pool or on a Sector trip must comply with the
following requirements:
(1) Trip-start hail report. The vessel operator must submit a trip-
start hail report notifying the Sector manager and/or dockside/roving
monitor service provider of the vessel permit number; trip ID number in
the form of the VTR serial number of the first VTR page for that trip,
or another trip identifier specified by NMFS; and an estimate of the
trip duration prior to departing port at the beginning of each trip. If
the vessel operator does not receive confirmation of the receipt of the
trip-start hail report from the dockside/roving monitor service
provider within 10 minutes of sending the original trip-start hail
report, the operator must contact the service provider to confirm the
trip-start hail report via an independent back-up system developed by
the service provider.
(2) Trip-end hail report. Prior to returning to port upon the
completion of a fishing trip, the vessel operator must submit a trip-
end hail report notifying the dockside/roving monitor service provider
of the vessel permit number; trip ID submitted pursuant to paragraph
(b)(5)(i)(A)(1) of this section; intended offloading location(s),
including the dock/dealer, port/harbor, and state for all dealers/
facilities where the vessel intends to offload catch; estimated date/
time of arrival; estimated date/time of offload; and estimated total
weight of each species on board. The trip-end hail report must be
submitted at least 6 hr in advance of landing for all trips at least 6
hr in duration or occurring more than 6 hr from port. For shorter
trips, the trip-end hail reports must be
[[Page 69459]]
submitted within sufficient time to allow the deployment of the
dockside/roving monitor to the offloading site, as specified by the
dockside/roving monitoring service provider in consultation with NMFS
Office of Law Enforcement. These reports may be in the form of an e-
mail to the dockside/roving monitor service provider or another means
of communication specified by the service provider.
(B) Copies of trip documents. The operator of a Sector vessel that
is issued a waiver from the dockside/roving monitoring requirements
specified in paragraph (b)(1)(v)(B) of this section for a particular
trip must provide copies of all VTRs and dealer receipts associated
with that trip to the Sector or designated third party contractor, as
appropriate, within 24 hr of offloading.
(C) Vessel offloads. A vessel may not offload any fish from a trip
that was selected to be observed by a dockside/roving monitor until the
dockside/roving monitor(s) assigned to that trip is present, as
specified in paragraph (b)(5)(ii)(A) of this section.
(ii) Dockside/roving monitor service provider requirements--(A)
Confirmation of vessel hail reports. Upon receipt of a trip-start or
trip-end hail reports pursuant to paragraphs (b)(5)(i)(A)(1) and (2) of
this section, the service provider shall immediately send confirmation
that the trip-start or trip-end hail report was received to the vessel.
A service provider must establish an independent back-up system to the
primary hail report system (e.g., a phone number if the primary hail
report system is based upon e-mail) to ensure receipt of such trip-
start or trip-end hail reports. In confirming the receipt of a trip-end
hail report, the service provider will inform the vessel operator that
the offload(s) associated with that trip will be monitored by a
dockside/roving monitor or that the vessel is issued a dockside/roving
monitor waiver for that trip. If a dockside/roving monitor is assigned
to observe a trip's offloads, but cannot meet the vessel as scheduled,
the service provider must inform the vessel, the Sector, and NMFS
Office of Law Enforcement, as appropriate, as soon as possible, to
specify the time when the dockside/roving monitor will arrive, or issue
the vessel a waiver for that particular trip. The service provider or
Sector manager must also provide NMFS Office of Law Enforcement with
the information contained in the trip-start and trip-end hail reports,
including whether the vessel has been assigned a dockside/roving
monitor for that trip, at the same time that the confirmation is sent
to the vessel.
(B) Documentation of offloads--(1) Offloads directly to a dealer.
Upon the completion of the offload, the dockside/roving monitor shall
retain a copy of all VTRs associated with the trip, including all
information submitted (i.e., no blocked cells) provided by the Sector
vessel; record whether the dealer scales were certified by an
appropriate state agency; observe and record whether ice and box
weights are tared by the dealer before catch is added, or record the
estimated weight of ice and the box from the dealer; record the weight
of catch offloaded by species (and market category, if culled);
determine and record whether all fish have been offloaded, including an
estimate of the weight of fish being retained by captain and crew for
personal consumption or other use and the reason for retention of such
catch; sign the dealer receipt associated with the offload for each
trip (i.e., dealer/weighout slip or other form of documentation of the
amount of catch offloaded by the dealer), or have the dealer sign the
dockside/roving monitor report, as appropriate; provide data
summarizing the offloads of each trip, including copies of the VTR(s),
dockside/roving monitor report, and dealer receipt(s), if separate from
the dockside/roving monitor report, to the Sector manager or designated
third party contractor, as appropriate, within 24 hr of offloading; and
retain a copy of such information to document that the offload was
monitored, as instructed by the Regional Administrator.
(2) Offloads to a truck. A roving monitor observing offloads into a
truck shall retain copies of all VTRs filled out for that trip with all
information submitted (i.e., no blocked cells) provided by the Sector
vessel; if there are no scales at the offload site, record the number
of totes of each species and the captain's estimate of the weight in
each tote; if there are scales at the offload site, record whether the
scales were certified by an appropriate state agency and observe and
record whether ice and box weights are tared before catch is added, or
record the estimated weight of ice and the box; determine and record
whether all fish have been offloaded, including an estimate of the
weight of fish being retained by captain and crew for personal
consumption or other use and the reason for retention of such catch;
record all offloaded catch by species and market class in a report,
unless the driver creates such a report that the roving monitor may use
which shall be signed by the roving monitor; document that each tote is
labeled with the appropriate identifying information including, but not
limited to, the serial number of the first VTR page filled out for that
trip or another trip ID specified by NMFS, the roving monitor's name,
tote number, and species; provide data summarizing the offloads of each
trip, including copies of the VTR(s) and roving monitor report to the
Sector manager or designated third party contractor, as appropriate,
within 24 hr of offloading; and retain a copy of such information to
document that the offload was monitored, as instructed by the Regional
Administrator. The roving monitor must submit copies of the VTR(s);
driver manifest(s), if separate from the roving monitor's report; and
the roving monitor's report to the Sector manager or third-party
service provider, as appropriate.
(C) Record retention. The dockside/roving monitor service provider
shall retain an electronic record of each offload observed and make
electronic and other records that document an offload available to NMFS
upon request.
(D) Safe-harbor provision. The dockside/roving monitor service
provider must work with the Sector and NMFS Office of Law Enforcement
to establish an acceptable process for safe-harbor situations where a
vessel is unable to follow normal dockside/roving monitor protocols
outlined in paragraph (b)(5) of this section due to an emergency
situation.
(iii) Adjustment to operational standards. The dockside/roving
monitor operational standards specified in paragraph (b)(5) of this
section may be revised by the Regional Administrator in a manner
consistent with the Administrative Procedure Act.
(6) At-sea/electronic monitoring operational standards. In addition
to the independent third-party monitoring provider standards specified
in paragraph (b)(4) of this section, any at-sea/electronic monitoring
program developed as part of a Sector's yearly operations plan pursuant
to paragraph (b)(1)(v)(B)(2) of this section must meet the following
operational standards to be approved by NMFS:
(i) Gear. Each at-sea monitor must be provided with all of the
equipment specified by the Northeast Fisheries At-sea Monitoring
Program. A list of such equipment is available from the Northeast
Fisheries Science Center upon request. At-sea/electronic monitoring
service providers are responsible for the cost of providing such gear
to at-sea monitors to the extent not funded by NMFS. This gear shall be
inspected by NMFS upon the completion of training required pursuant to
paragraph (b)(4)(i)(I) of this section.
(ii) Vessel selection protocol. An at-sea/electronic monitoring
program
[[Page 69460]]
service provider must develop a formal vessel-selection protocol to
deploy at-sea monitors and electronic monitoring equipment in a
statistically random manner consistent with the coverage levels
required pursuant to paragraph (b)(1)(v)(B)(3)(a) of this section. This
protocol must include a method to allow for waivers in specific
circumstances, including how waivers would be requested, assessed, and
recorded.
(iii) Reporting/recordkeeping requirements--(A) Vessel
requirements. In addition to all other reporting/recordkeeping
requirements specified in this part, to facilitate the deployment of
at-sea monitors and electronic monitoring equipment pursuant to
paragraph (b)(1)(v)(B)(2) of this section, the operator of a vessel
fishing on a Sector trip must provide at-sea/electronic monitoring
service providers with at least the following information: The vessel
name, permit number, trip ID number in the form of the VTR serial
number of the first VTR page for that trip or another trip identifier
specified by NMFS, and an estimate of the date/time of departure in
advance of each trip. The timing of such notice shall be sufficient to
allow ample time for the service provider to determine whether an at-
sea monitor or electronic monitoring equipment will be deployed on each
trip and allow the at-sea monitor or electronic monitoring equipment to
prepare for the trip and get to port, or to be installed on the vessel,
respectively. The details of the timing, method (e.g., phone, e-mail,
etc.), and information needed for such pre-trip notifications shall be
included as part of a Sector's yearly operations plan. If a vessel has
been informed by a service provider that an at-sea monitor or
electronic monitoring equipment has been assigned to a particular trip
pursuant to paragraph (b)(6)(iii)(B)(1) of this section, the vessel may
not leave port to begin that trip until the at-sea monitor has arrived
and boarded the vessel, or the electronic monitoring equipment has been
properly installed.
(B) At-sea/electronic monitoring service provider requirements--(1)
Confirmation of pre-trip notification. Upon receipt of a pre-trip
notification pursuant to paragraph (b)(6)(iii)(A) of this section, the
service provider shall inform the vessel operator whether the vessel
will be monitored by an at-sea observer or electronic monitoring
equipment for that trip, or will be issued an at-sea/electronic
monitoring waiver for that trip based upon the vessel selection
protocol specified in paragraph (b)(6)(ii) of this section.
(2) At-sea/electronic monitoring report. A report detailing area
fished and the amount of each species kept and discarded shall be
submitted electronically in a standard acceptable form to the
appropriate Sector and NMFS within 48 hr of the completion of the trip,
as instructed by the Regional Administrator. The data elements to be
collected and the format for submission shall be specified by NMFS and
distributed to all approved at-sea/electronic monitoring service
providers and Sectors. At-sea/electronic monitoring data shall not be
accepted until such data pass automated NMFS data quality checks.
(iv) Safety hazards--(A) Vessel requirements. The operator of a
Sector vessel must detail and identify any safety hazards to any at-sea
monitor assigned pursuant to paragraph (b)(6)(iii)(B)(1) of this
section prior to leaving port. A vessel cannot begin a trip if it has
failed a review of safety issues pursuant to paragraph (b)(6)(iv)(B) of
this section, until the identified safety deficiency has been resolved
pursuant to Sec. 600.746(i).
(B) At-sea/electronic monitoring service provider requirements. An
at-sea monitor must complete a pre-trip vessel safety checklist
provided by NMFS before an at-sea monitor can leave port onboard a
vessel on a Sector trip. If the vessel fails a review of safety issues
pursuant to this paragraph (b)(6)(iv)(B), an at-sea monitor cannot be
deployed on that vessel for that trip.
(v) Adjustment to operational standards. The at-sea/electronic
monitoring operational standards specified in paragraph (b)(6) of this
section may be revised by the Regional Administrator in a manner
consistent with the Administrative Procedure Act.
(c) Approval of a Sector and granting of exemptions by the Regional
Administrator. (1) Once the Regional Administrator has made a
preliminary determination that the documents submitted pursuant to
paragraphs (a)(1), (b)(2), and (b)(3) of this section appear to comply
with the requirements of this section, NMFS may consult with the
Council and approve or disapprove Sector operations consistent with the
Administrative Procedure Act and other applicable law.
(2) If a Sector is approved, the Regional Administrator shall issue
a letter of authorization to each vessel operator and/or vessel owner
participating in the Sector. The letter of authorization shall
authorize participation in the Sector operations and may exempt
participating vessels from any Federal fishing regulation, except those
specified in paragraphs (c)(2)(i) and (ii) of this section, in order to
allow vessels to fish in accordance with an approved operations plan,
provided such exemptions are consistent with the goals and objectives
of the FMP. The letter of authorization may also include requirements
and conditions deemed necessary to ensure effective administration of,
and compliance with, the operations plan and the Sector allocation.
Solicitation of public comment on, and NMFS final determination on such
exemptions shall be consistent with paragraphs (c)(1) and (2) of this
section.
(i) Regulations that may not be exempted for Sector participants.
The Regional Administrator may not exempt participants in a Sector from
the following Federal fishing regulations: NE multispecies year-round
closure areas, permitting restrictions (e.g., vessel upgrades, etc.),
gear restrictions designed to minimize habitat impacts (e.g., roller
gear restrictions, etc.), and reporting requirements (not including DAS
reporting requirements or SAP-specific reporting requirements specified
in this part). This list may be modified through a framework
adjustment, as specified in Sec. 648.90.
(ii) Universal Sector exemptions. All Sector vessels are exempt
from the following Federal fishing regulations under this part:
(A) Trip limits on NE multispecies stocks for which a Sector
receives an allocation of ACE pursuant to paragraph (b)(1)(i) of this
section (i.e., all stocks except Atlantic halibut, ocean pout,
windowpane flounder, SNE/MA winter flounder, and Atlantic wolffish);
(B) The GOM Rolling Closure Areas and the GB Seasonal Closed Area
specified in Sec. 648.82(f)(1) and (g), respectively, provided Sector
vessels comply with the Sector-specific GOM Rolling Closure Areas
specified in Sec. 648.81(f)(2)(vi);
(C) NE multispecies DAS restrictions other than those required to
comply with effort controls in other fisheries, as specified in
Sec. Sec. 648.92 and 648.322; and
(D) The minimum codend mesh size restrictions for trawl gear
specified in Sec. 648.80(a)(4)(i) when using a haddock separator trawl
defined in Sec. 648.85(a)(3)(iii) or the Ruhle trawl defined in Sec.
648.85(b)(6)(iv)(J)(3) within the GB RMA, as defined in Sec.
648.80(a)(2), provided Sector vessels use a codend with 6-inch (15.2-
cm) minimum mesh.
(3) The Regional Administrator may withdraw approval of a Sector,
after consultation with the Council, at any time, if it is determined
that Sector participants are not complying with the requirements of an
approved operations
[[Page 69461]]
plan or that the continuation of the operations plan will undermine
achievement of fishing mortality objectives of the FMP. Withdrawal of
approval of a Sector may only be done in a manner consistent with the
Administrative Procedure Act and other applicable law.
(d) Approved Sector allocation proposals. Eligible NE multispecies
vessels, as specified in paragraph (a)(3) of this section, may
participate in the Sectors identified in paragraphs (d)(1) through (19)
of this section, provided the operations plan is approved by the
Regional Administrator in accordance with paragraph (c) of this section
and each participating vessel and vessel operator and/or vessel owner
complies with the requirements of the operations plan, the requirements
and conditions specified in the letter of authorization issued pursuant
to paragraph (c) of this section, and all other requirements specified
in this section. All operational aspects of these Sectors shall be
specified pursuant to the operations plan and Sector contract, as
required by this section.
(1) GB Cod Hook Sector.
(2) GB Cod Fixed Gear Sector.
(3) Sustainable Harvest Sector.
(4) Port Clyde Community Groundfish Sector.
(5) Northeast Fishery Sector I.
(6) Northeast Fishery Sector II.
(7) Northeast Fishery Sector III.
(8) Northeast Fishery Sector IV.
(9) Northeast Fishery Sector V.
(10) Northeast Fishery Sector VI.
(11) Northeast Fishery Sector VII.
(12) Northeast Fishery Sector VIII.
(13) Northeast Fishery Sector IX.
(14) Northeast Fishery Sector X.
(15) Northeast Fishery Sector XI.
(16) Northeast Fishery Sector XII.
(17) Northeast Fishery Sector XIII.
(18) Tristate Sector.
(19) Northeast Coastal Communities Sector.
16. In Sec. 648.88, revise paragraph (a)(1) to read as follows:
Sec. 648.88 Multispecies open access permit restrictions.
(a) * * *
(1) The vessel may possess and land up to 200 lb (90.7 kg) of cod
and up to the landing and possession limit restrictions for other NE
multispecies specified in Sec. 648.86, provided the vessel complies
with the restrictions specified in paragraph (a)(2) of this section.
Should the GOM cod trip limit specified in Sec. 648.86(b)(1) be
adjusted in the future, the cod trip limit specified in this paragraph
(a)(1) shall be adjusted proportionally (rounded up to the nearest 25
lb (11.3 kg)).
* * * * *
17. In Sec. 648.89, revise the introductory text to paragraph (c);
revise paragraphs (a), (b)(1), (b)(4), (c)(1)(v), and (c)(2)(v); and
add paragraphs (c)(5) and (f) to read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
(a) Recreational gear restrictions. Persons aboard charter/party
vessels permitted under this part and not fishing under the DAS program
or under the restrictions and conditions of an approved Sector
operations plan, as specified in Sec. 648.87(c), and recreational
fishing vessels in the EEZ, are prohibited from fishing with more than
one line per angler, and must stow all other fishing gear on board the
vessel as specified in Sec. 648.23(b).
(b) * * *
(1) Minimum fish sizes. Unless further restricted under paragraph
(b)(3) of this section, persons aboard charter/party vessels permitted
under this part and not fishing under the NE multispecies DAS program
or under the restrictions and conditions of an approved Sector
operations plan, and recreational fishing vessels in or possessing fish
from the EEZ, may not possess fish smaller than the minimum fish sizes,
measured in total length (TL), as follows:
------------------------------------------------------------------------
Species Size (inches)
------------------------------------------------------------------------
Cod....................................... 22 (55.9 cm).
Haddock................................... 18 (45.7 cm).
Pollock................................... 19 (48.3 cm).
Witch flounder (gray sole)................ 14 (35.6 cm).
Yellowtail flounder....................... 13 (33.0 cm).
American plaice (dab)..................... 14 (35.6 cm).
Atlantic halibut.......................... 41 (104.1 cm).
Winter flounder (blackback)............... 12 (30.5 cm).
Redfish................................... 9 (22.9 cm).
------------------------------------------------------------------------
* * * * *
(4) Fish fillets, or parts of fish, must have at least 2 square
inches (5.1 square cm) of skin on while possessed on board a vessel and
at the time of landing in order to meet minimum size requirements. The
skin must be contiguous and must allow ready identification of the fish
species.
* * * * *
(c) Possession restrictions.
(1) * * *
(v) Seasonal GOM cod possession prohibition. Persons aboard private
recreational fishing vessels fishing in the GOM Regulated Mesh Area
specified in Sec. 648.80(a)(1) may not fish for or possess any cod
from November 1 through April 15. Private recreational vessels in
possession of cod caught outside the GOM Regulated Mesh Area may
transit this area, provided all bait and hooks are removed from fishing
rods and any cod on board has been gutted and stored.
* * * * *
(2) * * *
(v) Seasonal GOM cod possession prohibition. Persons aboard
charter/party fishing vessels permitted under this part and not fishing
under the NE multispecies DAS program or on a Sector trip that are
fishing in the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1)
may not fish for, possess, or land any cod from November 1 through
April 15. Charter/party vessels in possession of cod caught outside the
GOM Regulated Mesh Area may transit this area, provided all bait and
hooks are removed from fishing rods and any cod on board has been
gutted and stored.
* * * * *
(5) Atlantic wolffish. Possession of Atlantic wolffish by charter/
party vessels permitted under this part and not fishing under the NE
multispecies DAS program and recreational fishing vessels fishing in
the EEZ is prohibited.
* * * * *
(f) Recreational fishery AM--(1) Catch evaluation. As soon as
recreational catch data are available for the entire previous fishing
year, the Regional Administrator will evaluate whether recreational
catches exceed any of the sub-ACLs specified for the recreational
fishery pursuant to Sec. 648.90(a)(4). When evaluating recreational
catch, the components of recreational catch that are used shall be the
same as those used in the most recent assessment for that particular
stock. To determine if the regulated species or ocean pout sub-ACL
specified for the recreational fishery was exceeded, the Regional
Administrator shall compare the 3-year average of recreational catch to
the 3-year average of the recreational sub-ACL for each stock, as
follows:
(i) For fishing year 2010, recreational catch shall be compared to
the recreational sub-ACL for that stock for fishing year 2010.
(ii) For fishing year 2011, the average recreational catch for
fishing years 2010 and 2011 shall be compared to the average
recreational sub-ACLs for that stock during fishing years 2010 and
2012.
(iii) Starting in fishing year 2012, the 3-year average
recreational catch shall be compared to the 3-year average of the
recreational sub-ACLs for that stock.
(2) Measure adjustment. If it is determined that any recreational
sub-ACL was exceeded, as specified in paragraph (f)(1) of this section,
the
[[Page 69462]]
Regional Administrator, after consultation with the New England Fishery
Management Council, shall develop measures necessary to prevent the
recreational fishery from exceeding the appropriate sub-ACL in future
years. Appropriate AMs for the recreational fishery, including
adjustments to fishing season, minimum fish size, or possession limits,
may be implemented in a manner consistent with the Administrative
Procedure Act, with final measures published in the Federal Register no
later than January when possible. Separate AMs shall be developed for
the private and charter/party components of the recreational fishery.
18. In Sec. 648.90, revise the introductory text for this section
and paragraph (a); revise paragraphs (a)(2)(i) through (iv),
(a)(2)(vi), and (c)(1)(i); and add paragraphs (a)(4) through (6) to
read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures, setting
of ACLs and other allocations, AMs, specifications, and flexible area
action system.
For the NE multispecies framework specification process described
in this section, the regulated species and ocean pout biennial review
is considered a separate process from the small-mesh species annual
review, as described under paragraphs (a)(2) and (b), respectively, of
this section. In addition, the process for specifying ABCs and
associated ACLs for regulated species and ocean pout, as described in
paragraph (a)(4) of this section, is considered a separate process from
the small-mesh species ABC and ACL process.
(a) NE multispecies. For the purpose of this paragraph (a), the
term ``NE multispecies fishery'' is defined as common pool vessels,
Sector vessels, and private recreational and charter/party vessels, as
defined in this part; the term ``NE multispecies commercial fishery''
is defined as vessels issued a limited access NE multispecies permit,
or an open access NE multispecies Handgear B permit; and the term ``NE
multispecies recreational fishery'' is defined as private recreational
vessels and charter or party boats, as further defined in this part.
* * * * *
(2) * * *
(i) The NE multispecies PDT shall meet on or before September 30
every other year, unless otherwise specified in paragraph (a)(3) of
this section, under the conditions specified in that paragraph, to
perform a review of the fishery, using the most current scientific
information available provided primarily from the NEFSC. Data provided
by states, ASMFC, the USCG, and other sources may also be considered by
the PDT. Based on this review, the PDT will develop ACLs for the
upcoming fishing year(s) as described in paragraph (a)(4) of this
section and develop options for consideration by the Council if
necessary, on any changes, adjustments, or additions to DAS
allocations, closed areas, or other measures necessary to rebuild
overfished stocks and achieve the FMP goals and objectives, including
changes to the Northeast Region SBRM.
(ii) The PDT shall review available data pertaining to: Catch and
landings, discards, DAS allocations, DAS use, Sector operations, and
other measures of fishing effort; survey results; stock status; current
estimates of fishing mortality and overfishing levels; social and
economic impacts; enforcement issues; and any other relevant
information.
(iii) Based on this review, the PDT shall recommend ACLs and
develop options necessary to achieve the FMP goals and objectives,
which may include a preferred option. The PDT must demonstrate through
analyses and documentation that the options they develop are expected
to meet the FMP goals and objectives. The PDT may review the
performance of different user groups or fleet Sectors in developing
options. The range of options developed by the PDT may include any of
the management measures in the FMP, including, but not limited to:
ACLs, which must be based on the projected fishing mortality levels
required to meet the goals and objectives outlined in the FMP for the
12 regulated species and ocean pout if able to be determined;
identification and distribution of ACLs and other sub-components of the
ACLs among various segments of the fishery; AMs; DAS changes;
possession limits; gear restrictions; closed areas; permitting
restrictions; minimum fish sizes; recreational fishing measures;
description and identification of EFH; fishing gear management measures
to protect EFH; designation of habitat areas of particular concern
within EFH; and changes to the Northeast Region SBRM, including the CV-
based performance standard, the means by which discard data are
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs. In addition, the
following conditions and measures may be adjusted through future
framework adjustments: Revisions to DAS measures, including DAS
allocations (such as the distribution of DAS among the four categories
of DAS), future uses for Category C DAS, and DAS baselines, adjustments
for steaming time, etc.; modifications to capacity measures, such as
changes to the DAS transfer or DAS leasing measures; calculation of
area-specific ACLs, area management boundaries, and adoption of area-
specific management measures; Sector allocation requirements and
specifications, including the establishment of a new Sector, the
disapproval of an existing Sector, and the allowable percent of ACL
available to a Sector through a Sector allocation; Sector
administration provisions, including at-sea and dockside monitoring
measures; Sector reporting requirements; measures to implement the
U.S./Canada Resource Sharing Understanding, including any specified
TACs (hard or target); changes to administrative measures; additional
uses for Regular B DAS; reporting requirements; the GOM Inshore
Conservation and Management Stewardship Plan; adjustments to the
Handgear A or B permits; gear requirements to improve selectivity,
reduce bycatch, and/or reduce impacts of the fishery on EFH; SAP
modifications; revisions to the ABC control rule and status
determination criteria, including, but not limited to, changes in the
target fishing mortality rates, minimum biomass thresholds, numerical
estimates of parameter values, and the use of a proxy for biomass may
be made either through a biennial adjustment or framework adjustment;
and any other measures currently included in the FMP.
(iv) The Council shall review the ACLs recommended by the PDT and
all of the options developed by the PDT and other relevant information;
consider public comment; and develop a recommendation to meet the FMP
objectives pertaining to regulated species or ocean pout that is
consistent with applicable law. If the Council does not submit a
recommendation that meets the FMP objectives and is consistent with
applicable law, the Regional Administrator may adopt any option
developed by the PDT, unless rejected by the Council, as specified in
paragraph (a)(2)(vii) of this section, provided the option meets the
FMP objectives and is consistent with applicable law.
* * * * *
(vi) If the Council submits, on or before December 1, a
recommendation to the Regional Administrator after one Council meeting,
and the Regional Administrator concurs with the recommendation, the
Regional Administrator shall publish the
[[Page 69463]]
Council's recommendation in the Federal Register as a proposed rule
with a 30-day public comment period. The Council may instead submit its
recommendation on or before February 1, if it chooses to follow the
framework process outlined in paragraph (c) of this section, and
requests that the Regional Administrator publish the recommendation as
a final rule, in a manner consistent with the Administrative Procedure
Act. If the Regional Administrator concurs that the Council's
recommendation meets the FMP objectives and is consistent with other
applicable law, and determines that the recommended management measures
should be published as a final rule, the action will be published as a
final rule in the Federal Register, in a manner consistent with the
Administrative Procedure Act. If the Regional Administrator concurs
that the recommendation meets the FMP objectives and is consistent with
other applicable law and determines that a proposed rule is warranted,
and, as a result, the effective date of a final rule falls after the
start of the fishing year on May 1, fishing may continue. However, DAS
used or regulated species or ocean pout landed by a vessel on or after
May 1 will be counted against any DAS or Sector ACE allocation the
vessel or Sector ultimately receives for that year, as appropriate.
* * * * *
(4) Process for setting ABCs and ACLs--(i) ABC/ACL recommendations.
As described in this paragraph (a)(4), with the exception of stocks
managed by the Understanding, the PDT shall develop recommendations for
setting an ABC, ACL, and OFL for each NE multispecies stock for each of
the next 3 years as part of the biennial review process specified in
paragraph (a)(2) of this section. ACLs can also be specified based upon
updated information in the annual SAFE report, as described in
paragraph (a)(1) of this section, and other available information as
part of a specification package, as described in paragraph (a)(5) of
this section. For NE multispecies stocks or stock components managed
under both the NE Multispecies FMP and the Understanding, the PDT shall
develop recommendations for ABCs, ACLs, and OFLs for the pertinent
stock or stock components annually, as described in this paragraph
(a)(4) and Sec. 648.85(a)(2).
(A) ABC recommendations. The PDT shall develop ABC recommendations
based on the ABC control rule, the fishing mortality rate necessary to
rebuild the stock, guidance from the SSC, and any other available
information. The PDT recommendations shall be reviewed by the SSC.
Guided by terms of reference developed by the Council, the SSC shall
either concur with the ABC recommendations provided by the PDT, or
provide alternative recommendations for each stock of regulated species
or ocean pout and describe the elements of scientific uncertainty used
to develop its recommendations. Should the SSC recommend an ABC that
differs from that originally recommend by the PDT, the PDT shall revise
its ACL recommendations if necessary to be consistent with the ABC
recommendations made by the SSC. In addition to consideration of ABCs,
the SSC may consider other related issues specified in the terms of
reference developed by the Council, including, but not limited to,
OFLs, ACLs, and management uncertainty.
(B) ACL recommendations. The PDT shall develop ACL recommendations
based upon ABCs recommended by the SSC and the pertinent
recommendations of the Transboundary Management Guidance Committee
(TMGC). The ACL recommendations of the PDT shall be specified based
upon total catch for each stock (including both landings and discards),
if that information is available. The PDT shall describe the steps
involved with the calculation of the recommended ACLs and uncertainties
and risks considered when developing these recommendations, including
whether different levels of uncertainties were used for different sub-
components of the fishery and whether ACLs have been exceeded in recent
years. Based upon the ABC recommendations of the SSC and the ACL
recommendations of the PDT, the Council shall adopt ACLs that are equal
to or lower than the ABC recommended by the SSC to account for
management uncertainty in the fishery.
(ii) Timing. The PDT recommendations for setting ABCs and ACLs
shall be provided to the SSC prior to the September Council meeting, to
the extent possible. The Council shall consider the ABC recommendations
of the SSC and the ACL recommendations of the PDT (and TMGC) and shall
make a decision on those recommendations prior to December 1, to the
extent possible. Once the Council has approved its recommended ACLs,
they shall be submitted to NMFS prior to December 1, to the extent
possible for approval and implementation. If the Council is submitting
a management action as part of the biennial adjustment process, the
ACLs can be included in that document along with any necessary analysis
required by applicable law. After receipt of the Council recommendation
for ACLs, either as part of a new management action or as part of a
specification package, as described in paragraph (a)(5) of this
section, NMFS shall review the Council's decision and, if consistent
with applicable law, implement the ACL in a manner consistent with the
Administrative Procedure Act.
(iii) ABC/ACL distribution. The ABCs/ACLs adopted by the Council
for each regulated species or ocean pout stock pursuant to this
paragraph (a)(4) shall be subdivided among the various sub-components
of the fishery, as specified in paragraphs (a)(4)(iii)(A) through (E)
of this section. For transboundary stocks managed by the Understanding,
pursuant to Sec. 648.85(a), the distribution of ABC/ACLs described in
paragraphs (a)(4)(iii)(A) through (E) of this section shall be based
upon the catch available to U.S. fishermen. The Council may revise its
recommendations for the distribution of ABCs and ACLs among these and
other sub-components through the process to specify ABCs and ACLs, as
described in this paragraph (a)(4).
(A) Regulated species or ocean pout catch by vessels outside of the
FMP. The catch of regulated species or ocean pout that is expected to
be harvested by vessels operating in state waters that have not been
issued a Federal NE multispecies permit and are not subject to the
regulations specified in this part shall be deducted from the ABC/ACL
of each regulated species or ocean pout stock pursuant to the process
for specifying ABCs and ACLs, as described in this paragraph (a)(4).
(B) Regulated species or ocean pout catch by exempted fisheries.
Regulated species or ocean pout catch by other, non-specified sub-
components of the fishery, including, but not limited to, exempted
fisheries that occur in Federal waters and fisheries harvesting
exempted species specified in Sec. 648.80(b)(3) shall be deducted from
the ABC/ACL of each regulated species or ocean pout stock, pursuant to
the process to specify ABCs and ACLs described in this paragraph
(a)(4). The catch of these non-specified sub-components of the ACL
shall be monitored using data collected pursuant to this part. If catch
from such fisheries exceeds the amount specified in this paragraph
(a)(4)(iii)(B), AMs shall be developed to prevent the overall ACL for
each stock from being exceeded, pursuant to the framework adjustment
process specified in this section.
(C) Yellowtail flounder catch by the Atlantic sea scallop fishery.
Yellowtail flounder catch in the Atlantic sea
[[Page 69464]]
scallop fishery, as defined in subpart D, shall be deducted from the
ABC/ACL for each yellowtail flounder stock pursuant to the restrictions
specified in subpart D of this part and the process to specify ABCs and
ACLs, as described in paragraph (a)(4) of this section. Unless
otherwise specified in subpart D of this part, the specific value of
the sub-components of the ABC/ACL for each stock of yellowtail flounder
distributed to the Atlantic sea scallop fishery shall be specified
pursuant to the biennial adjustment process specified in paragraph
(a)(2) of this section. At a minimum, these values must be consistent
with the incidental catch amounts for yellowtail flounder specified for
the closed area access programs described in Sec. Sec. 648.60(a)(5)
and 648.85(c).
(D) Haddock catch by the Atlantic herring fishery. The GOM and GB
haddock ABC/ACL shall each be reduced by 0.2 percent to account for
haddock bycatch in the Atlantic herring fishery, pursuant to the
restrictions at Sec. Sec. 648.85(d) and 648.86(a)(3) and pursuant to
the process for specifying ABCs and ACLs described in this paragraph
(a)(4).
(E) Regulated species or ocean pout catch by the NE multispecies
commercial and recreational fisheries. Unless otherwise specified in
the ACL recommendations developed pursuant to paragraph (a)(4)(i)(B),
after all of the deductions and considerations specified in paragraphs
(a)(4)(iii)(A) through (D) of this section, the remaining ABC/ACL for
each regulated species or ocean pout stock shall be allocated to the NE
multispecies commercial fishery, pursuant to this paragraph
(a)(4)(iii)(E).
(1) Recreational allocation. Unless otherwise specified in
paragraph (a)(5) of this section, recreational catches shall be
compared to the ACLs allocated pursuant to this paragraph
(a)(4)(iii)(E)(1) for the purposes of determining whether adjustments
to recreational measures are necessary, pursuant to the recreational
fishery AMs specified in Sec. 648.89(f).
(i) Stocks allocated. Unless otherwise specified in this paragraph
(a)(4)(iii)(E)(1), the ABCs/ACLs for GOM cod and GOM haddock available
to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(E) of
this section shall be divided between commercial and recreational
components of the fishery, based upon the average proportional catch of
each component for each stock during fishing years 2001 through 2006.
(ii) Process for determining if a recreational allocation is
necessary. A recreational allocation may not be made if it is
determined that, based upon available information, the ACLs for these
stocks are not being fully harvested by the NE multispecies fishery, or
if the recreational harvest, after accounting for state waters catch
pursuant to paragraph (a)(4)(iii)(A) of this section, is less than 5
percent of the overall catch for a particular stock of regulated
species or ocean pout.
(2) Commercial allocation. The ABC/ACL for regulated species or
ocean pout stocks available to the commercial NE multispecies fishery,
after consideration of the recreational allocation pursuant to
paragraph (a)(4)(iii)(E)(1) of this section, shall be divided between
vessels operating under approved Sector operations plans, as described
at Sec. 648.87(c), and vessels operating under the provisions of the
common pool, as defined in this part, based upon the cumulative PSCs of
vessels participating in Sectors calculated pursuant to Sec.
648.87(b)(1)(i)(E). Unless otherwise specified in paragraph (a)(5) of
this section, regulated species or ocean pout catch by common pool and
Sector vessels shall be deducted from the sub-ACL/ACE allocated
pursuant to this paragraph (a)(4)(iii)(E)(2) for the purposes of
determining whether adjustments to common pool measures are necessary,
pursuant to the common pool AMs specified in Sec. 648.82(n), or
whether Sector ACE overages must be deducted, pursuant to Sec.
648.87(b)(1)(iii).
(3) Revisions to commercial and recreational allocations.
Distribution of the ACL for each stock available to the NE multispecies
fishery between and among commercial and recreational components of the
fishery may be implemented through a framework adjustment pursuant to
this section. Any changes to the distribution of ACLs to the NE
multispecies fishery shall not affect the implementation of AMs based
upon the distribution in effect at the time of the overage that
triggered the AM.
(iv) ACL monitoring--(A) Landings. For the purposes of monitoring
the catch of regulated species or ocean pout towards the harvest of
ACLs and other, non-specified sub-components of the ACLs specified in
paragraph (a)(4) of this section, the reporting requirements specified
in this part, including dealer reports, VTRs, VMS catch reports, Sector
catch reports, and other available information shall be used to
identify and apportion regulated species or ocean pout landings by
stock area.
(B) Discards. Unless otherwise specified in this paragraph
(a)(4)(iv)(B), regulated species or ocean pout discards shall be
monitored through the use of VTRs, observer data, VMS catch reports,
and other available information, as specified in this part. Regulated
species or ocean pout discards by vessels on a Sector trip shall be
monitored pursuant to paragraph (b)(1)(v)(A) of this section.
(v) Adjustments to ACLs. The Council may elect to revise the ACL
for any regulated species or ocean pout stock in the second fishing
year following a biennial review to account for any overages of an ACL
in year one that may result in overfishing for a particular stock. Any
adjustments to the ACLs in year two will be implemented pursuant to the
process to specify ABCs and ACLs, as described in paragraph (a)(4) of
this section.
(5) AMs. Except as specified in paragraphs (a)(4)(iii)(A) and (D)
of this section, if any of the ACLs specified in paragraph (a)(4) of
this section are exceeded based upon available catch information, the
AMs specified in paragraphs (a)(5)(i) and (ii) of this section shall
take effect in the following fishing year, or as soon as practicable,
thereafter, once catch data for all affected fisheries are available,
as applicable.
(i) AMs for the NE multispecies commercial and recreational
fisheries. If the catch of regulated species or ocean pout by a sub-
component of the NE multispecies fishery (i.e., common pool vessels,
Sector vessels, or private recreational and charter/party vessels)
exceeds the amount allocated to each sub-component, as specified in
paragraph (a)(4)(iii)(E) of this section, then the applicable AM for
that sub-component of the fishery shall take effect, pursuant to
paragraphs (a)(5)(i)(A) through (C) of this section. In determining the
applicability of AMs specified for a sub-component of the NE
multispecies fishery in paragraphs (a)(5)(i)(A) through (C) of this
section, the Regional Administrator shall consider available
information regarding the catch of regulated species and ocean pout by
each sub-component of the NE multispecies fishery, plus each sub-
component's share of any overage of the overall ACL for a particular
stock caused by excessive catch by vessels outside of the FMP, exempted
fisheries, or the Atlantic sea scallop fishery, as specified in this
paragraph (a)(5), as appropriate.
(A) Excessive catch by common pool vessels. If the catch of
regulated species and ocean pout by common pool vessels exceeds the
amount of the ACL specified for common pool vessels pursuant to
paragraph (a)(4)(iii)(E)(2) of this section, then the AMs described in
Sec. 648.82(n) shall take effect. If such catch does not exceed the
portion of the ACL specified for common pool vessels
[[Page 69465]]
pursuant to paragraph (a)(4)(iii)(E)(2) of this section, then no AMs
shall take effect for common pool vessels.
(B) Excessive catch by Sector vessels. If the catch of regulated
species and ocean pout by Sector vessels exceeds the amount of the ACL
specified for Sector vessels pursuant to paragraph (a)(4)(iii)(E)(2) of
this section, then the AMs described in Sec. 648.87(b)(1)(iii) shall
take effect. For the purposes of this paragraph (a)(5)(i)(B), the catch
of regulated species and ocean pout for each Sector approved pursuant
to Sec. 648.87 shall be based upon the catch of vessels participating
in each approved Sector. If such catch does not exceed the portion of
the ACL specified for an individual Sector pursuant to paragraph
(a)(4)(iii)(E)(2) of this section, then no AMs shall take effect for
that Sector.
(C) Excessive catch by the NE multispecies recreational fishery. If
the catch of regulated species and ocean pout by private recreational
and charter/party vessels exceeds the amount of the ACL specified for
the recreational fishery pursuant to paragraph (a)(4)(iii)(E)(1) of
this section, then the AMs described in Sec. 648.89(f) shall take
effect. If such catch does not exceed the portion of the ACL specified
for the recreational fishery pursuant to paragraph (a)(4)(iii)(E)(1) of
this section, then no AMs shall take effect for the recreational
fishery.
(ii) AMs if the overall ACL for a regulated species or ocean pout
stock is exceeded. If the catch of any stock of regulated species or
ocean pout by vessels fishing outside of the NE multispecies fishery,
including the catch of regulated species or ocean pout by vessels
fishing in state waters outside of the FMP, or in exempted fisheries,
as defined in this part, or the catch of yellowtail flounder by the
Atlantic sea scallop fishery, exceeds the sub-component of the ACL for
that stock specified for such fisheries pursuant to paragraphs
(a)(4)(iii)(A) through (C) of this section, and the overall ACL for
that stock is exceeded, then the amount of the overage of the overall
ACL for that stock shall be distributed among components of the NE
multispecies fishery based upon each component's share of that stock's
ACL available to the NE multispecies fishery pursuant to paragraph
(a)(4)(iii)(E) of this section. Each component's share of the ACL
overage for a particular stock would be then added to the catch of that
stock by each component of the NE multispecies fishery to determine if
the resulting sum of catch of that stock for each component of the
fishery exceeds that individual component's share of that stock's ACL
available to the NE multispecies fishery. If the total catch of that
stock by any component of the NE multispecies fishery exceeds the
amount of the ACL specified for that component of the NE multispecies
fishery pursuant to paragraph (a)(4)(iii)(E) of this section, then the
AMs specified in paragraphs (a)(5)(i)(A) through (C) of this section
shall take effect, as applicable. If the catch of any stock of
regulated species or ocean pout by vessels outside of the FMP exceeds
the sub-component of the ACL for that stock specified pursuant to
paragraphs (a)(4)(iii)(A) through (C) of this section, but the overall
ACL for that stock is not exceeded, even after consideration of the
catch of that stock by other sub-components of the fishery, then the
AMs specified in this paragraph (a)(5)(ii) shall not take effect.
(6) Specifications process--(i) PDT recommendations. Unless
otherwise developed pursuant to the biennial review process specified
in paragraph (a)(2) of this section, the PDT shall develop
recommendations for setting ACLs for each regulated species or ocean
pout, including ACLs for stocks managed by the Understanding; revising
rebuilding programs and associated management measures; or modifying
AMs for consideration by the Council's Groundfish Oversight Committee
based upon the SAFE report prepared pursuant to paragraph (a)(1) of
this section. If the Council determines, based on information provided
by the PDT or other stock-related information, that the ACLs should be
adjusted between biennial reviews, it can do so through the same
process outlined in this section during the interim year.
(ii) Guidelines. As the basis for its recommendations under
paragraph (a)(5)(i) of this section, the PDT shall review available
data pertaining to: Commercial and recreational catch data; current
estimates of fishing mortality; discards; stock status; recent
estimates of recruitment; virtual population analysis results and other
estimates of stock size; sea sampling and trawl survey data or, if sea
sampling data are unavailable, length frequency information from trawl
surveys; impact of other fisheries on herring mortality; and any other
relevant information.
(iii) Groundfish Oversight Committee recommendations. Based on the
PDT's recommendations and any public comment received, the Groundfish
Oversight Committee shall recommend to the Council appropriate
specifications for a period of at least 1 year. The Council shall
review these recommendations and, after considering public comment,
shall recommend appropriate specifications to NMFS. NMFS shall review
the recommendations and publish proposed specifications in a manner
consistent with the Administrative Procedure Act. If the proposed
specifications differ from those recommended by the Council, the
reasons for any differences shall be clearly stated.
(iv) Analysis. Any specifications package developed pursuant to
this paragraph (a)(5) shall be supported by the appropriate NEPA
analysis, which shall be made available for public comment.
(c) * * *
(1) * * *
(i) After a management action has been initiated, the Council shall
develop and analyze appropriate management actions over the span of at
least two Council meetings. The Council shall provide the public with
advance notice of the availability of both the proposals and the
analyses and opportunity to comment on them prior to and at the second
Council meeting. The Council's recommendation on adjustments or
additions to management measures, other than to address gear conflicts,
must come from one or more of the following categories: DAS changes,
effort monitoring, data reporting, possession limits, gear
restrictions, closed areas, permitting restrictions, crew limits,
minimum fish sizes, onboard observers, minimum hook size and hook
style, the use of crucifer in the hook-gear fishery, Sector
requirements, recreational fishing measures, area closures and other
appropriate measures to mitigate marine mammal entanglements and
interactions, description and identification of EFH, fishing gear
management measures to protect EFH, designation of habitat areas of
particular concern within EFH, changes to the Northeast Region SBRM,
and any other management measures currently included in the FMP. In
addition, the Council's recommendation on adjustments or additions to
management measures pertaining to small-mesh NE multispecies, other
than to address gear conflicts, must come from one or more of the
following categories: Quotas and appropriate seasonal adjustments for
vessels fishing in experimental or exempted fisheries that use small
mesh in combination with a separator trawl/grate (if applicable),
modifications to separator grate (if applicable) and mesh
configurations for fishing for small-mesh NE multispecies, adjustments
to whiting stock boundaries for management purposes, adjustments for
fisheries exempted from minimum mesh requirements to fish for small-
mesh NE multispecies (if applicable), season
[[Page 69466]]
adjustments, declarations, participation requirements for the
Cultivator Shoal Whiting Fishery Exemption Area, and changes to the
Northeast Region SBRM (including the CV-based performance standard, the
means by which discard data are collected/obtained, fishery
stratification, reports, and/or industry-funded observers or observer
set-aside programs).
* * * * *
[FR Doc. E9-29854 Filed 12-22-09; 11:15 am]
BILLING CODE 3510-22-P