[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Proposed Rules]
[Pages 24444-24456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10442]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100526226-0229-01]
RIN 0648-AY95
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Amendment 16 and
Framework Adjustment 44
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; correcting amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to make corrections and clarifications to
existing regulations to ensure consistency with measures adopted by the
New England Fishery Management Council (Council) to regulate the
Northeast (NE) multispecies fishery and to provide additional
flexibility for some of the reporting regulatory requirements. The
current regulations governing the NE multispecies fishery contain a
number of inadvertent errors, omissions, and potential inconsistencies
with measures adopted by the Council and approved by the Secretary of
Commerce (Secretary) in recent actions regarding the NE Multispecies
Fishery Management Plan (FMP). NMFS takes this action under the
authority of section 305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and solicits
public comments on the proposed corrections and clarifications to these
regulations.
DATES: Written comments must be received on or before May 17, 2011.
ADDRESSES: You may submit comments, identified by 0648-AY95, 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 to Correct/
Clarify the NE Multispecies Regulations.''
Instructions: 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 the Regulatory Impact Review (RIR) prepared for this
action are available from the Regional Administrator at the above
address. Copies of previous management actions, including Amendment 16
and Framework Adjustment (FW 44) and the respective Final Environmental
Impact Statements (FEISs) and Environmental Assessments (EAs) prepared
for each action are available from Paul J. Howard, Executive Director,
New England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. These documents are 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 the Office of Management and Budget (OMB) by e-mail at
[email protected], or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management
Specialist, phone: 978-675-2153, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The most recent management actions in the NE multispecies fishery
(Amendment 16 and FW 44) were both implemented by final rules that
published in the Federal Register on April 9, 2010 (75 FR 18262 and 75
FR 18356, respectively), and became effective on May 1, 2010. Amendment
16 and FW 44 implemented measures necessary to end overfishing and
rebuild overfished stocks based on new or existing rebuilding programs
and to comply with annual catch limit (ACL) and accountability measure
(AM) requirements of the Magnuson-Stevens Act. Amendment 16 also
substantially revised existing sector management measures and
established new sectors.
[[Page 24445]]
Amendment 16 superseded measures implemented by an emergency final rule
(74 FR 17030, April 13, 2009) which was promulgated to immediately
reduce overfishing on certain groundfish stocks managed by the FMP
until long-term measures could be implemented by the Amendment 16 final
rule.
The final rules implementing Amendment 16 and FW 44, as well as
other previous actions, contained several inadvertent errors,
omissions, and items inconsistent with the intent of these actions, as
identified below. This action proposes to correct these errors, and
clarify or modify the current regulations to ensure consistency with
their original intent. Also, changes are made to some of the
regulations to provide additional flexibility for some of the
administrative requirements, such as allowing sector managers more time
to complete their weekly reports or exempting vessels from sending a
vessel trip report (VTR) on a set-only trip. NMFS proposes this action
under section 305(d) of the Magnuson-Stevens Act which provides that
the Secretary of Commerce may, on its own, promulgate regulations
necessary to ensure that an FMP or its amendments are carried out in
accordance with the provisions of this Act. The following proposed
corrections are listed in the order in which they appear in the
regulations; the last section of proposed corrections is found
throughout the regulations.
Proposed Measures
1. VTR Requirements
The current VTR regulations require that a VTR be submitted by a
vessel operator upon entering port with fish. This suggests that
vessels that may have conducted fishing activity, but that did not
catch any fish, do not have to submit a VTR for that trip. This is
inconsistent with VTR instructions provided to vessels by NMFS, with
industry practice, and the purpose of VTRs. Information for trips on
which fishing occurred, but no fish were caught, provides important and
necessary fishing data necessary to help evaluate the status of stocks
and provides fishing effort information used for future management
decisions. To ensure that vessels submit a VTR for all trips that
conduct fishing activity, this action proposes to revise the VTR
submission regulations to remove the language that states that only
trips that land fish must submit a VTR, with an exception for vessels
on a set-only trip.
Set-only trips would be defined as a fishing trip on which a
federally permitted vessel deploys gear with the intention of
retrieving it on a separate trip and does not haul-back or retrieve any
gear capable of catching fish on that trip. While set-only trips fall
under the definition of fishing in the Magnuson-Stevens Act, VTRs from
trips that only set gear and do not intend to land fish, do not contain
information pertinent to management decisions and should therefore not
be required in this instance. Since these trips would have zero catch
and there are limited resources for dockside and at-sea monitoring (DSM
and ASM, respectively) coverage requirements implemented by Amendment
16, prioritization of coverage is necessary to ensure trips intending
to possess or land fish receive DSM and ASM coverage. Because exempting
set-only trips from VTR, DSM, and ASM requirements could create an
incentive for a vessel operator to participate in fishing after
declaring a set-only trip, and avoid the VTR, DSM, and ASM
requirements, as well as avoid any financial costs associated with
these programs, this action proposes to include regulations in Sec.
648.14 that would prohibit vessels on a set-only trip from possessing
or landing any fish species on that trip. Based on an industry request,
NMFS has recently made accommodations for vessels that leave port
exclusively to set fixed gear by exempting them from submitting a VTR
for such trips, to reduce unnecessary reporting and monitoring
requirements when no fish are landed.
2. Dealer Prohibitions
Current regulations at Sec. 648.14(k)(3)(i) are not explicit as to
whether they apply to the importation of foreign-caught NE
multispecies. Amendment 16 added Atlantic wolffish to the FMP, and
included it as a zero-retention species, along with Southern New
England (SNE)/Mid-Atlantic (MA) winter flounder, ocean pout, and
windowpane flounder. The current dealer provisions in this section
could allow the importation of the zero-retention species specified in
Amendment 16 that would otherwise be prohibited. This creates an
unnecessary enforcement burden for NMFS in cases where a dealer
lawfully may be in possession of prohibited species that were obtained
from sources other than U.S. fishing vessels. In addition, the
regulations do not currently prohibit the export of these zero-
retention species. This action proposes to revise the regulatory text
to read that it is unlawful for any dealer or person acting in the
capacity of a dealer to ``possess, import, export, transfer, land, or
receive as a dealer, regulated species pursuant to Sec. Sec. 648.82,
648.85, 648.86, or 648.87'' for the purposes of eliminating any
uncertainty whether zero-retention species can be imported or exported.
3. Regulated Mesh Area (RMA)
The regulations at Sec. 648.80(a)(3)(vi) state that a vessel may
not fish in either the Gulf of Maine (GOM) or Georges Bank (GB)
Exemption Area unless fishing under certain restrictions, including the
provisions of an exempted fishery. This paragraph references some, but
inadvertently, not all of the exempted fisheries, specifically the
exempted fisheries outlined at Sec. 648.80(a)(15), (a)(16), and
(a)(18). Therefore, this action would revise the regulations at Sec.
648.80(a)(3)(vi) to reference all applicable exempted fisheries through
Sec. 648.80(a)(18) and update other references within Sec. 648.80 to
be more consistent with current regulations.
4. Applicability of Restricted Gear Areas (RGA)
Amendment 16 adopted RGAs that require a common pool vessel,
fishing any part of a trip within a RGA under a NE multispecies day-at-
sea (DAS), to use selective gear (i.e., a haddock separator trawl, a
Ruhle trawl, a rope separator trawl, hook gear, or flatfish or
roundfish gillnets with mesh size greater than or equal to 10 inches
(25.4 cm)) to reduce the catch of species requiring substantial
reductions in fishing mortality. The current regulations implementing
this provision at Sec. 648.81(n) require that these gear restrictions
apply to all NE multispecies limited access vessels fishing any part of
a trip within a RGA. This proposed rule would revise this paragraph to
clarify that the RGAs only apply to vessels fishing under a NE
multispecies DAS, to maintain consistency with the original intent of
Amendment 16.
5. Small Vessel Category Possession Limits
The Amendment 7 final rule, published May 31, 1996 (61 FR 27709),
exempted vessels with a NE multispecies Small Vessel category permit
from using NE multispecies DAS when fishing for groundfish. In
addition, Amendment 7 exempted the Small Vessel category from specific
trip limits for specific species. Regulations at Sec. 648.82(b)(5)(i)
specify that a vessel electing to fish under the Small Vessel category
may retain up to 300 lb (136.1 kg) of cod, haddock, and yellowtail
flounder, combined, and one Atlantic halibut per trip, without being
subject to DAS restrictions, provided the vessel does not exceed the
yellowtail flounder trip limit restrictions specified under
[[Page 24446]]
Sec. 648.86(g). Additionally, this paragraph currently states that
vessels with a Small Vessel category permit are not subject to trip
limits for other NE multispecies. Since that time, Amendment 16
prohibited the possession of four species in any fishery (windowpane
flounder, ocean pout, Atlantic wolffish, and SNE/MA winter flounder).
The current Small Vessel category regulations could be interpreted to
mean that Small Vessel category permits may possess these prohibited
species, which would undermine the purpose of the prohibition on
possessing these species. Therefore, this proposed rule would change
the reference to ``Sec. 648.86(g)'' in Sec. 648.82(b)(5)(i) to read
``Sec. 648.86,'' and remove the sentence ``Such vessel is not subject
to a possession limit for other NE multispecies'' to more accurately
reflect the trip limits revised by Amendment 16 and FW 44.
6. Default AM for Stocks Not Allocated to Sectors
The recent reauthorization of the Magnuson-Stevens Act required
fishery management councils to establish a mechanism to specify ACLs
for each managed stock such that overfishing does not occur in the
fishery, and AMs that would prevent these ACLs from being exceeded in
the future and to address any overages of these ACLs that may occur.
Amendment 16 was developed to affect these changes in the NE
Multispecies FMP. The Amendment 16 final rule established a process to
specify and distribute ACLs among various segments of the fishery that
catch NE multispecies stocks, along with AMs that apply only to a
subset of these segments of the fishery, specifically the directed
commercial and recreational NE multispecies fisheries, and the Atlantic
herring fishery. To ensure that overfishing does not occur on each NE
multispecies stock as a whole due to excessive catch by fisheries not
subject to AMs, Section 4.2.1.3 of the Amendment 16 document states
that ``controls on the portion of the fishery that is subject to AMs
must be sufficient to prevent overfishing on the stock as a whole,''
consistent with the National Standard 1 Guidelines (January 16, 2009;
74 FR 3178).
The Amendment 16 final rule indicated that the groundfish fishery
would be responsible for any excessive catch of regulated NE
multispecies and ocean pout stocks by vessels that are not subject to
AMs and fishing outside of the FMP as specified under Sec.
648.90(a)(5)(ii). This includes vessels fishing for regulated NE
multispecies and ocean pout in state waters outside the FMP, catching
regulated NE multispecies and ocean pout as part of an exempted
fishery, or catching yellowtail flounder when participating in the
Atlantic sea scallop fishery. Because Amendment 16 did not provide a
specific allocation of Atlantic halibut, SNE/MA winter flounder, ocean
pout, windowpane flounder, and Atlantic wolffish to sectors, these
stocks are not subject to any sector-specific AMs. Therefore, the ACL
available to the commercial NE multispecies fishery for each of these
stocks is allocated entirely to common pool vessels, and the only AMs
established for these stocks are those specified for common pool
vessels. Thus, to maintain consistency with Amendment 16, the common
pool AMs must consider the catch of these stocks by all vessels,
including common pool vessels, sector vessels, and vessels fishing
outside of the NE multispecies fishery.
The regulation at Sec. 648.90(a)(4) implemented by the Amendment
16 final rule indicated that common pool AMs would be triggered by
excessive catch of vessels fishing outside of the NE Multispecies FMP,
it did not specifically incorporate reference to excessive catch of
stocks not allocated to sectors, as described above. Further, although
the common pool differential DAS counting AM applies to all regulated
NE multispecies and ocean pout stocks caught during fishing years (FYs)
2010 and 2011, the hard total allowable catch (TAC) AM specified to
begin in FY 2012 for common pool vessels does not provide effective AMs
for several of these stocks, including ocean pout, windowpane flounder,
and Atlantic halibut. However, the final rule implementing Amendment 16
did not specifically address these deficiencies.
This proposed rule would revise the common pool differential DAS
counting AM regulations at Sec. 648.82(n)(1), the ACL distribution
regulations at Sec. 648.90(a)(4)(iii)(E)(2), and the overall AM
regulations at Sec. 648.90(a)(5) to clarify that sector vessel catch
of stocks not allocated to sectors (i.e., Atlantic halibut, SNE/MA
winter flounder, ocean pout, windowpane flounder, and Atlantic
wolffish) during FYs 2010 and 2011 will be added to the catch of such
stocks by common pool vessels during those FYs to determine if the
common pool differential DAS counting AM will be triggered. This would
ensure that the regulations implementing Amendment 16 correctly reflect
the Council's intent and NMFS's understanding that the AMs applicable
to the NE multispecies fishery must be sufficient to prevent
overfishing on the stock as a whole for FYs 2010 and 2011. However,
because the Council adopted specific measures as part of the FY 2012
common pool hard-TAC AM that explicitly do not apply to all stocks,
NMFS does not have the authority to revise the regulations in a
correction rule to ensure that AMs are sufficient to prevent
overfishing of the stock as a whole beginning in FY 2012. NMFS has
communicated this deficiency to the Council in a letter dated January
21, 2010. Measures to address deficient AMs for these stocks are
currently being developed by the Council and are expected to be
implemented in a separate action by the start of FY 2012 on May 1,
2012.
7. Multispecies Minimum Fish Sizes and Fillet Provisions
On August 10, 2007, a temporary emergency rule (72 FR 44979)
reduced the haddock minimum size. That action suspended paragraph Sec.
648.83(a)(1), and inserted paragraph Sec. 648.83(a)(3). The rule was
extended through August 10, 2008, by a temporary emergency rule (72 FR
64000) that published on November 14, 2007 and became effective on
February 10, 2008. When this latter action expired, paragraph Sec.
648.83(a)(1) was once again effective, but inadvertently, paragraph
Sec. 648(a)(3) remained in the regulations. As a result, the current
regulations at Sec. 648.83(a) now include two lists specifying minimum
fish sizes. This rule proposes to correct this by removing paragraph
Sec. 684.83(a)(3) in its entirety. This proposed rule will have no
effect on legal fish sizes apart from what is in the current
regulations and analyzed in Amendment 16.
On March 1, 1994, Amendment 5 (59 FR 9872) created an exemption to
allow crew members aboard a vessel issued a commercial NE multispecies
permit to possess up to 25 lb (11.3 kg) of fillets that measure less
than the minimum size, if such fillets are from legal-sized fish and
were not sold, bartered or traded. At the time, DAS was the only effort
control for the FMP, and the associated regulations applied this
provision only to those vessels issued a limited access NE multispecies
permit and fishing under a NE multispecies DAS. Amendment 16
substantially revised sector measures to exempt sector vessels from DAS
measures, provided they comply with hard quotas and area closures based
on an allocation of most stocks managed by the FMP; however, it did not
extend the 25-lb (11.3-kg) fillet exemption to vessels fishing under
the sector provisions. NMFS believes that this exemption was meant to
apply to all limited access NE multispecies DAS vessels, whether or not
a vessel elects to fish under a DAS
[[Page 24447]]
or sector provisions in a given FY. Therefore, this action would expand
the existing fillet exemption to all vessels issued a limited access NE
multispecies DAS permit, including those that are fishing in a sector
and exempt from fishing under a DAS. Consistent with the intent of
Amendment 16 and the associated regulation at Sec. 648.87(b)(1)(v),
all catch by a sector vessel, including fillets retained by crew for
personal use, count against the applicable annual catch entitlement
(ACE) for the sector in which that vessel participates.
Currently, fillets and parts of fish as referenced at Sec.
648.83(b) are counted at a rate of 3:1 solely for compliance purposes
with DAS possession limits. That is, law enforcement multiplies the
weight of fillets or parts of fish by 3 and adds that to the weight of
whole fish on board. The total weight of whole fish and fillets
combined, must comply with trip limits. When landing such fillets for
personal consumption, the amount of fish taken home must be recorded in
a vessel's VTR for that trip, under the code ``999998'' for ``home
consumption.'' Because the current system does not accurately account
for the disposition of fish landed under the ``home consumption'' field
in VTRs, these fish are not currently counted against the common pool
sub-ACL. Replacing the current 1:1 counting method with 3:1 counting
for quota monitoring purposes would ensure that all fish being retained
would be accounted for. This proposed correction would be consistent
with the intentions of the FMP that all catch by common pool and sector
vessels be accounted for, and would prevent a sector from unknowingly
fishing over its respective ACE. Accordingly, fish retained for at-home
consumption would be counted at the 3:1 rate.
8. Adjustments to U.S./Canada Management Area TAC
Regulations at Sec. 648.85(a)(2)(ii) provide that any overages of
GB cod and GB haddock TACs specified for either the common pool or an
individual sector, and any overage of GB yellowtail flounder TAC
specified for the common pool, an individual sector, or the scallop
fishery in a given FY will be subtracted from the respective TAC in the
following FY. However, Amendment 16 incorrectly states that the catch
of stocks of yellowtail flounder by the scallop fishery will be treated
as an ``other sub-component'' of the ACL until AMs for the catch of
yellowtail flounder in the scallop fishery can be developed in an
amendment to the Atlantic Sea Scallop FMP (i.e., Amendment 15).
Therefore, this rule would remove the regulatory reference to the
scallop fishery in Sec. 648.85(a)(2)(ii) and replace it with a
reference to the overall groundfish AM provisions in Sec.
648.90(a)(5)(ii). Since it is likely that the final rule implementing
Scallop Amendment 15, if approved, will not be published by the start
of the NE multispecies 2011 FY on May 1, 2011, this correction is
necessary to ensure that any overage of the overall GB yellowtail
flounder ACL caused by another fishery would be divided between the
common pool and sector sub-components to determine if the respective
AMs will be triggered.
9. Eastern U.S./Canada Landing Limit Restrictions
Amendment 16 revised the existing closure provisions for the
Eastern U.S./Canada Area when 100 percent of the TAC is reached for GB
cod. Amendment 16 revised the regulation at Sec.
648.85(a)(3)(iv)(A)(2) to require that when 100 percent of the TAC is
reached for GB cod, the Eastern U.S./Canada Area will be closed to all
NE multispecies DAS vessels. This regulation maintains outdated
language that fails to recognize the specific allocation of a portion
of the Eastern U.S./Canada TACs for this stock to sectors. To maintain
consistency with Amendment 16 and ensure that NMFS has the authority to
close the Eastern U.S./Canada Area to each component of the NE
multispecies commercial fishery that exceeded its allocation of the
Eastern U.S./Canada Area GB cod TAC, this proposed rule would clarify
the regulations at Sec. 648.85(a)(3)(iv)(A)(2) by closing the area to
all limited access NE multispecies vessels subject to a particular TAC
allocation, once that segment's allocation of the Eastern U.S./Canada
Area GB cod TAC is projected to be caught.
10. Special Management Programs
The current regulations at Sec. 648.85(b)(3)(x)(A) restrict the
gear that may be used in the Closed Area II Yellowtail Flounder/Haddock
Special Access Program (SAP) to only trawl gear when the SAP is open to
targeting yellowtail flounder. This is not consistent with the measure
originally implemented in the Amendment 13 final rule (69 FR 22906,
April 27, 2004). This action would revise these regulations to clarify
that vessels also may use hook gear or gillnet gear in this SAP when it
is open to the targeting of yellowtail flounder by revising the text to
state that NE multispecies vessels ``fishing with trawl gear'' must use
a haddock separator trawl, flounder net, or Ruhle trawl.
The FW 40A final rule, published November 14, 2004 (69 FR 67780),
adopted the Regular B DAS Program. The program allows any eligible
common pool vessel to harvest certain healthy groundfish stocks when
fishing under a NE multispecies Regular B DAS, while minimizing bycatch
of less healthy NE multispecies stocks through the use of selective
gear types. Amendment 16 further revised the program, with updated
stock status information, to focus the effort of the program on three
stocks, including GB haddock. Amendment 16 required vessels fishing
under the Regular B DAS Program in the GB cod stock area with trawl
gear to use a haddock separator trawl, a Ruhle trawl, or other approved
trawl gear with a codend composed of at least 6-inch (15.24-cm) diamond
or square mesh. However, the regulations implementing Amendment 16 did
not specify an area where the 6-inch (15.24-cm) mesh codends could be
used. Therefore, this proposed rule would clarify the regulations at
Sec. 648.85(b)(6)(iv)(J)(4) by specifying that the use of a 6-inch
(15.24-cm) codend is only permitted within the GB cod stock area.
In 2005, FW 41 revised the Closed Area I Hook Gear Haddock SAP
measures affecting common pool vessels to address concerns identified
by NMFS in the original submission of this SAP as part of FW 40-A. The
final rule implementing FW 41 inadvertently did not include a provision
restricting the bait that may be used by common pool vessels. The final
rule implementing Amendment 16 rectified this oversight, but
inadvertently, imposed the bait requirements on sector vessels. This
action would revise the bait restrictions for this SAP specified at
Sec. 648.85(b)(7)(iv)(E) and (vi) to only apply to common pool
vessels.
11. Daily Landing Restrictions
Current landing limit regulations at Sec. 648.86(m) prohibit NE
multispecies permitted vessels from landing regulated NE multispecies
or ocean pout more than once in any 24-hr period. These regulations
provide an example that indicates that this period of time begins when
a vessel departs port, rather than when the vessel returns to port and
lands groundfish. Amendment 16 states that the intent was to be based
upon time of landing. Therefore, this proposed rule would change the
regulations at Sec. 648.86(m) by modifying the example to reflect the
current regulations, which are correctly based upon time of landing.
Additionally, the intent of Amendment 16 is to restrict NE multispecies
permitted vessels from
[[Page 24448]]
landing NE multispecies or ocean pout more than once in any 24-hr
period, rather than all fish species.
12. Sector ACE allocation
The current regulations at Sec. 648.87(b)(1)(ii) state that a
sector may only fish in a particular stock area if it has been
allocated or acquires ACE for all stocks caught in that stock area. As
written, this text could be interpreted to mean that a sector would
have to be allocated or acquire ACE for a stock that sectors are not
allocated, such as SNE/MA winter flounder, to be able to fish, for
example, in the SNE/MA yellowtail flounder stock area. To clarify that
sectors have the ability to fish in a particular stock area for a stock
allocated to sectors, the text at Sec. 648.87(b)(1)(ii) would be
revised to state that sectors may fish in each stock area provided it
has been allocated or acquires ACE for those stocks ``allocated'' to
sectors that are caught within that stock area.
13. Sector Monitoring
As part of a DSM program, a sector is required to contract with an
independent third-party DSM service provider to observe offloads by
sector vessels to verify that landings are accurately reported. The DSM
program requires all NE multispecies sector vessels on a sector trip in
which the NE multispecies catch applies against the sector ACE to
submit a trip-start hail (TSH) report to the DSM provider, which
provides the information necessary to facilitate the deployment of a
DSM. If the vessel operator does not receive a confirmation that the
TSH report has been received within 10 min of sending the report, the
current regulations at Sec. 648.87(b)(5)(i)(A)(1) require the vessel
operator to contact the DSM service provider to confirm the receipt of
the TSH report via a back-up system specified by the DSM service
provider. While the regulations do not specify by what means a TSH must
be transmitted, many sectors are using their existing VMS to transmit
such reports. The delivery of such reports via VMS are often taking
more than 10 min because the 10-min response requirement has proven to
be impractical. Therefore, this action proposes to eliminate the 10-min
requirement currently specified in Sec. 648.87(b)(5)(i)(A)(1), but
still require the vessel operator to contact the DSM service provider
via a back-up system, after a time determined by the DSM provider, to
confirm the receipt of the TSH report.
The DSM provisions require that, for a trip that is selected to be
monitored, all offload events must be monitored, including offloads
occurring at more than one location, offloads to a truck, and offloads
at remote locations. The regulations at Sec. 648.87(b)(5)(ii)(B)(2)
specify that the roving monitor (RM) must ``record all offloaded catch
by species and market class'' for offloads to a truck. Based upon input
from the fishing industry, NMFS has determined that the regulation
requiring that species be sorted by market class is impractical, as
sorting does not generally occur at offloads to trucks and in remote
locations. Additionally, NMFS has determined that this information is
unnecessary to accurately monitor landings data, as catch is monitored
at the species/stock level and not at the level of market class. This
proposed rule would change the data collection requirement for offloads
to a truck by a RM to not require the species be sorted by market
class, by removing the language ``and market class'' from regulations
at Sec. 648.87(b)(5)(ii)(B)(2).
The regulations at Sec. 648.87(b)(5)(ii)(B)(2) also require
offloads to trucks to specify the number of totes of each species
offloaded, the weight of fish in each tote, and that each tote is
properly labeled with information that identifies the trip to which the
tote is associated. The tote-tagging requirement is intended to ensure
that all catch offloaded from a vessel to a truck can be tracked from
the offload site to the dealer, where it will be accurately weighed and
reported. Based on information provided by sector participants, some
offloads to trucks occur within sight of a dealer due to limited
capacity of a vessel to land directly to a dealer. To minimize the
burden on RMs and the cost associated with such monitoring activities,
this proposed rule would exempt the tote-tagging requirement only if
the following three conditions are met: (1) The RM that observed the
offload at the dock will also serve as the DSM when the truck is
offloaded at the dealer; (2) the RM will follow the truck, in line of
sight, from the remote offload location to the dealer where the actual
weighing of the fish occurs; and (3) the truck is loaded with only the
catch from the one trip being monitored.
14. Sector Reporting Requirements
Amendment 16 implemented a number of sector reporting requirements,
including weekly catch reports to be submitted to NMFS by each sector.
The regulations at Sec. 648.87(b)(1)(vi)(B) specify that each sector
must submit a weekly catch report by 2359 hr on Thursday of the week
following the reporting week. Such reports contain detailed
information, including: Week ending date, species, stock area, gear,
number of trips, reported landings, discards, total catch, status of
the sector's ACE, whether this is a new or updated record of sector
catch for each NE multispecies stock allocated to that particular
sector, sector enforcement issues, 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. Dealer reports for the
same reporting period are utilized by sectors to accurately complete
the weekly sector catch reports and for apportionment purposes.
However, dealer data are not available until Wednesday. Based on sector
manager input, one day has not been a sufficient amount of time to
accurately complete the weekly sector catch reports. This proposed rule
would provide additional flexibility Sec. 648.87(b)(1)(vi)(B) by
extending the sector deadline submission for the weekly catch report
from 2359 hr on Thursday, to 0700 hr on the second Monday for the same
reporting week in question.
15. Recreational and Charter/Party Vessel Restrictions
The April 24, 2000, final rule implementing measures approved under
FW 33 (65 CFR 21658) created an exemption to allow NE multispecies
charter/party permitted vessels to fish in the GOM Closed Areas
provided such vessels obtained a letter of authorization (LOA) from
NMFS. The regulations at Sec. 648.89(e)(3)(iv) implementing this
provision state that a vessel may not use any NE multispecies DAS
during the period of participation to ensure that vessels operating
under the charter/party provisions cannot fish commercially within
these closed areas. However, not all commercial NE multispecies vessels
fish under a DAS. For example, vessels fishing under NE multispecies
Small Vessel, Handgear A, and Handgear B categories are not required to
use NE multispecies DAS to fish commercially. The Council's intent when
developing this exemption was to provide the greatest flexibility for
limited access vessels to engage in both party/charter and commercial
fishing on a seasonal basis, while restricting limited access vessels
carrying passengers for hire from selling their catch when fishing as a
charter/party vessel within closed areas. This action would clarify the
regulations by including language that states that vessels possessing
an LOA to fish as a
[[Page 24449]]
charter/party vessel in the GOM Closed Areas cannot fish on a sector
trip, under a NE multispecies DAS, or under the provisions of the Small
Vessel, Handgear A, and Handgear B categories during the period of
participation.
The regulations at Sec. 648.89(d) would also be corrected to state
that charter/party vessels could not sell, barter, trade, or otherwise
transfer for a commercial purpose, or attempt to sell, barter, trade,
or otherwise transfer for a commercial purpose, NE multispecies caught
or landed while fishing in the U.S. Exclusive Economic Zone (EEZ)
unless they are fishing under a NE multispecies ``sector trip,'' or
fishing under a NE multispecies Handgear A, Handgear B, or Small Vessel
Category C permit.
16. Applicability of Possession Prohibition for Certain Stocks
While Amendment 16 clearly lists windowpane flounder and ocean pout
as zero-retention species for all commercial NE multispecies vessels,
it is less clear in defining whether vessels in other fisheries could
possess such species. Section 4.3.2.1 of Amendment 16 indicates that
possession of these stocks is prohibited by all fisheries. However,
this section is specific to the effort control measures adopted for NE
multispecies common pool vessels. Therefore, the final rule
implementing Amendment 16 measures did not prohibit recreational and
charter/party vessels or vessels fishing in other fisheries from
possessing ocean pout and windowpane flounder. Based on further
consultation with Council staff, it was determined that the intent of
Amendment 16 was to prohibit the retention of these species by all
vessels. Therefore, this action proposes to restrict the possession of
windowpane flounder and ocean pout in all fisheries, including catch by
recreational anglers, charter/party vessels, and other fisheries such
as the scallop fishery. The possession of Atlantic wolfish and SNE
winter flounder is already correctly prohibited by recreational anglers
and charter/party vessels as specified at Sec. 648.89(c)(6) and (7)
respectively.
17. Monkfish Declarations
The regulations at Sec. 648.92(b)(1)(iii) allow a vessel fishing
in the NE multispecies fishery to change its fishing activity
declaration after leaving port to reflect the vessel operator's
intention to also fish in the monkfish fishery on the same trip. These
regulations were first implemented as part of FW 4 to the Monkfish FMP
on September 21, 2007 (72 FR 53942), and pre-dated the development of
Amendment 16. The applicability of the monkfish option is for a vessel
fishing under a NE multispecies Category A DAS, which was the universal
effort control in the NE multispecies fishing prior to the
implementation of substantial revisions to sector measures under
Amendment 16. However, NMFS believes that the Council's intent in
Amendment 16 was not to exclude vessels from this option when fishing
on a sector trip. Therefore, this action proposes to insert reference
to vessels fishing on a NE multispecies sector trip to enable such
vessels to also take advantage of the monkfish option.
18. Additional Corrections
In addition to the changes specified above, the following changes
to the regulations are proposed to correct inaccurate references and to
further clarify the intent of the Council.
In Sec. 648.10(k)(3)(ii), N. latitude, Point G9 would be corrected
to read ``The intersection of the Cape Cod, MA, coastline and
70[deg]00'' W. long.'' This current point incorrectly references the
``South-facing shoreline of Cape Cod, MA.''
Section Sec. 648.14(k)(6)(ii)(B) would be corrected to reference
the special management programs at ``Sec. 648.85(b)(7)(iv)(E)'' to
replace the current inaccurate reference to ``Sec.
648.85(b)(7)(iv)(F).''
In Sec. 648.80(a)(2)(ii) and (a)(17)(ii), the ``Approximate loran
C bearings'' portion of the table would be removed. The U.S. Coast
Guard ceased operations of Loran-C, on February 10, 2010, which renders
these coordinates useless. This will have minimum impact, as the same
information is displayed in the regulations using latitude and
longitude coordinates.
In Sec. 648.80(a)(3)(v), a reference to ``Sec. 648.87(c)'' would
be added to the beginning of the section, to include sector vessels.
In Sec. 648.80(b)(3)(i), the phrase ``unless otherwise restricted
in Sec. 648.86'' would be added. This paragraph includes ocean pout as
one of the list of species exemptions for the SNE RMA; however,
Amendment 16 listed ocean pout as a zero-retention species. The
Amendment 16 final rule inadvertently failed to cross-reference this
prohibition in Sec. 648.86.
In Sec. 648.80(c)(2)(i), the reference to Sec. 648.104(a) would
be revised to read ``shall be that specified by Sec. 648.104(a).''
This was the original regulatory text used to cite the regulations and
was inadvertently changed in the final rule implementing Amendment 16.
In Sec. 648.85(a)(1)(ii), this action would correct the Eastern
U.S./Canada Area, N. latitude coordinates for Points USCA 7 and USCA 6
to 40[deg] 50'' N. latitude, and Points USCA 5 and 4 to 40[deg] 40'' N.
latitude. Amendment 13 defined the Eastern U.S./Canada Area as being
composed of statistical areas 561 and 562. The coordinates for
statistical area 562 used to define the Eastern U.S./Canada Area were
incorrectly transposed in the Amendment 13 final rule and would be
rectified by this action.
Section Sec. 648.87(b)(1)(ix) would be corrected to reference the
prohibited species regulations at ``Sec. 648.86(l),'' instead of the
inaccurate reference to ``Sec. 648.87(1).'' In addition, a reference
to ``Sec. 648.86(c)'' would be inserted at Sec. 648.87(b)(1)(ix) to
clarify that sector vessels are held to the one-fish per trip
possession limit of Atlantic halibut, as intended in Amendment 16.
In Sec. 648.87(c)(2), a reference to ``fishing regulations within
the groundfish Fishery Management Plan (FMP)'' would be inserted to
clarify that a NE multispecies sector operations plan can only include
exemptions from regulations within the groundfish FMP, as intended in
Amendment 16.
In Sec. 648.89(c)(2)(i), the reference to ``private recreational
vessel'' would be corrected to read ``charter/party vessel.''
In Sec. 648.90(a)(4), the reference to ``(a)(5)'' would be
corrected to read ``(a)(6).''
Section 648.90(a)(4)(iii)(E) would be revised to include a
reference to the recreational fishery. A reference to the recreational
fishery was made in the title of this paragraph, but was not included
in the regulations.
Classification
Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, I have determined that this proposed rule is consistent
with the NE Multispecies FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
The Small Business Administration size standard for small
commercial fishing entities is $4 million in gross sales, while the
size standard for small charter/party operators is $7 million.
[[Page 24450]]
Due to the nature of some of the measures proposed in this action,
entities affected by the proposed action include those vessels that
have currently been issued any Federal permit to fish any species
within the Northeast. However, most of the entities affected by this
proposed action are limited to vessels issued a limited access NE
multispecies DAS permit (i.e., Category A, D, E, or F), a limited
access NE multispecies Small Vessel or Handgear A permit (i.e.,
Category C or HA, respectively), an open access NE multispecies
Category K or Handgear B (Category HB) permit, or an open access NE
multispecies Charter/Party (Category I) permit. In addition, this
proposed action would also affect any entity issued a Federal permit to
purchase NE multispecies, a company providing dockside and roving
monitoring services, and individuals acting in the capacity of a sector
manager. All entities affected by this proposed rule would fall under
the SBA size standard for small commercial fishing entities or charter/
party operators, and therefore, there is no disproportionate impact
between large and small entities and would not place small entities at
a competitive disadvantage to large entities. A full description of the
fishery, including the entities affected by the proposed action, is
contained in Section 6.2 of the Amendment 16 FEIS.
The proposed allocation would correct/clarify the existing
regulations to ensure that the current regulations accurately reflect
measures adopted by the Council and approved by the Secretary of
Commerce. This action would ensure that the economic benefits analyzed
in previous actions would be realized, including preventing unnecessary
and unintended costs associated with measures corrected by this action,
and would only impose a negligible increase in the mailing and postage
costs associated with compliance with VTR requirements that reflect
current industry practices. For example, by revising the timing
requirements of VMS declarations, this action would avoid $1,900 in
unnecessary yearly VMS messaging costs that were not expected during
the development of Amendment 16. In addition, this action would clarify
that all trips must submit a VTR, regardless of whether fish are
landed, with the exception of trips that only set fishing gear and do
not fish on that trip, resulting in increasing yearly mailing costs of
$5.88-$25.48 per vessel. Other measures corrected or clarified by this
action would ensure that vessels are not subject to measures beyond
those originally adopted in recent management actions. For example,
this action would ensure that Category C and HA vessels would not be
subject to RGAs and are not required to purchase selective gear to fish
in particular areas, and that sector vessels are not subject to bait
restrictions while fishing in the Closed Area I Hook Gear Haddock SAP.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule contains reporting and recordkeeping
requirements and associated information collections subject to the
Paperwork Reduction Act (PRA), which have been previously approved by
OMB under control numbers 0648-0202, 0648-0212, and 0648-0229. Measures
in this proposed rule include provisions that require revised
collection-of-information requirements. Public reporting burden for
these collections of information are estimated to average as follows:
1. VMS area and DAS declaration, OMB 0648-0202, (5 min/
response);
2. VMS trip-level catch reports, OMB 0648-0212, (15 min/
response);
3. Request for a LOA to fish in a NE multispecies RGA, OMB
0648-0202, (5 min/response);
4. VMS declaration to fish in a NE multispecies RGA, OMB
0648-0202, (5 min/response);
5. Pre-trip hail report to a dockside monitoring service provider,
OMB 0648-0202, (2 min/response);
6. Trip-end hail report to a dockside monitoring service provider,
OMB 0648-0202, (15 min/response);
7. Confirmation of dockside monitoring trip-end hail report,
OMB 0648-0202, (2 min/response);
8. Dockside/roving service provider data entry, OMB 0648-
0202, (3 min/response);
9. Daily VMS catch reports when fishing in the U.S./Canada
Management Area and Closed Area II SAPs, OMB 0648-0212, (15
min/response);
10. Daily VMS catch reports when fishing in the Closed Area I Hook
Gear Haddock SAP, OMB 0648-0212, (15 min/response);
11. Daily VMS catch reports when fishing in the Regular B DAS
Program, OMB 0648-0212, (15 min/response); and
12. Copy of the dealer weigh-out slip or dealer signature of the
dockside monitor report, OMB 0648-0212 (2 min/response).
13. Letter of authorization for charter/party vessels to access the
Western GOM Closure Area and the GOM Rolling Closure Areas,
OMB 0648-0202, (5 min/response);
14. Declaration of the monkfish DAS option via VMS, OMB
0648-0202, (5 min/response);
15. Sector weekly catch report, OMB 0648-0212, (4 hr/
response);
16. VTR requirement, OMB 0648-0212, (5 min/response); and
17. Dealer report, OMB 0648-0229, (4 min/response).
These estimates include the time required for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) 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 in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping.
Dated: April 26, 2011.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine
Fisheries Service.
For the reason set out in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, add a definition of set-only trip to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Set-only trip means a fishing trip on which any federally permitted
vessel deploys gear with the intention of retrieving it on a separate
trip and does not haul-back or retrieve any gear capable of catching
fish on the set-only trip.
* * * * *
3. In Sec. 648.7, revise paragraph (c) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
[[Page 24451]]
(c) When to fill out a log report. Except for vessels on a set-only
trip, as declared through the pre-trip notification system specified in
Sec. 648.11(k), log reports required by paragraph (b)(1)(i) of this
section must be filled out with all required information, except for
information not yet ascertainable, prior to entering port. Information
that may be considered unascertainable prior to entering port includes
dealer name, dealer permit number, and date sold. Log reports must be
completed as soon as the information becomes available. Log reports
required by paragraph (b)(1)(ii) of this section must be filled out
before landing any surfclams or ocean quahogs.
* * * * *
4. In Sec. 648.10, revise paragraph (k)(3)(ii) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(k) * * *
(3) * * *
(ii) Inshore GB Stock Area 2. The inshore GB Stock Area is defined
by straight lines connecting the following points in the order stated:
Inshore GB Stock Area 2
------------------------------------------------------------------------
Point N. latitude W. longitude
------------------------------------------------------------------------
G9............................. (\1\) 70[deg]00'
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.
long.
\2\ South-facing shoreline of Cape Cod, MA.
* * * * *
5. In Sec. 648.14, add paragraph (k)(2)(iv); and revise paragraphs
(k)(3)(i) and (k)(6)(ii)(B) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(2) * * *
(iv) Possess or land fish while setting fixed gear on a set-only
trip as declared through the pre-trip notification system pursuant to
Sec. 648.11(k).
(3) * * *
(i) It is unlawful to purchase, possess, import, export, 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).
* * * * *
(6) * * *
(ii) * * *
(B) Hook gear. Fail to comply with the restrictions on fishing and
gear specified in Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and
(c)(2)(iv) if the vessel has been issued a limited access NE
multispecies permit and fishes with hook gear in areas specified in
Sec. 648.80(a), (b), or (c), unless allowed under Sec.
648.85(b)(7)(iv)(E).
* * * * *
6. In Sec. 648.80, revise paragraphs (a)(2)(ii), (a)(3)(v),
(a)(3)(vi), (a)(17)(ii), (b)(3)(i), and (c)(2)(i) to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(2) * * *
(ii) Bounded on the east by straight lines connecting the following
points in the order stated:
GB Regulated Mesh Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
CII3............................... 42[deg]22' 67[deg]20' \1\
SNE1............................... 40[deg]24' 65[deg]43' \2\
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The U.S.-Canada Maritime Boundary as it intersects with the EEZ.
* * * * *
(3) * * *
(v) Hook gear restrictions. Unless otherwise specified in this
paragraph (a)(3)(v) or Sec. 648.87(c), vessels fishing with a valid NE
multispecies limited access permit and fishing under a NE multispecies
DAS or on a sector trip, and vessels fishing with a valid NE
multispecies limited access Small-Vessel permit in the GOM Regulated
Mesh Area, and persons on such vessels, are prohibited from fishing,
setting, or hauling back, per day, or possessing on board the vessel,
more than 2,000 rigged hooks. All longline gear hooks must be circle
hooks, of a minimum size of 12/0. An unbaited hook and gangion that has
not been secured to the ground line of the trawl on board a vessel is
deemed to be a replacement hook and is not counted toward the 2,000-
hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it
is not rigged or baited. The use of de-hookers (``crucifer'') with less
than 6-inch (15.2-cm) spacing between the fairlead rollers is
prohibited. Vessels fishing with a valid NE multispecies limited access
Hook Gear permit and fishing under a multispecies DAS or on a sector
trip in the GOM Regulated Mesh Area, and persons on such vessels, are
prohibited from possessing gear other than hook gear on board the
vessel. Vessels fishing with a valid NE multispecies limited access
Handgear A permit are prohibited from fishing, or possessing on board
the vessel, gear other than handgear. Vessels fishing with tub-trawl
gear are prohibited from fishing, setting, or hauling back, per day, or
possessing on board the vessel more than 250 hooks.
(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 (a)(16) and (a)(18), (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 used by a vessel in this area
must be authorized under one of these exemptions. Any gear on a vessel
that is not authorized under one of these exemptions must be stowed as
specified in Sec. 648.23(b).
* * * * *
(17) * * *
(ii) Bounded on the south by straight lines connecting the
following points in the order stated:
Gulf of Maine/Georges Bank Exemption Area
------------------------------------------------------------------------
Point N. latitude W. longitude
------------------------------------------------------------------------
G6............................. 40[deg]55.5 66[deg]38'
G7............................. 40[deg]45' 68[deg]00'
G8............................. 40[deg]37' 68[deg]00'
G9............................. 40[deg]30' 69[deg]00'
NL3............................ 40[deg]22.7' 69[deg]00'
[[Page 24452]]
NL2............................ 40[deg]18.7' 69[deg]40'
NL1............................ 40[deg]50' 69[deg]40'
G11............................ 40[deg]50' 70[deg]00'
G12............................ (\1\) 70[deg]00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
Massachusetts.
* * * * *
(b) * * *
(3) * * *
(i) Species exemption. Unless otherwise restricted in Sec. 648.86,
owners and operators of vessels subject to the minimum mesh size
restrictions specified in paragraphs (a)(4) and (b)(2) of this section
may fish for, harvest, possess, or land butterfish, dogfish (caught by
trawl only), herring, Atlantic mackerel, ocean pout, scup, shrimp,
squid, summer flounder, silver hake and offshore hake, and weakfish
with nets of a mesh size smaller than the minimum size specified in the
GB and SNE Regulated Mesh Areas when fishing in the SNE Exemption Area
defined in paragraph (b)(10) of this section, provided such vessels
comply with requirements specified in paragraph (b)(3)(ii) of this
section and with the mesh size and possession limit restrictions
specified under Sec. 648.86(d).
* * * * *
(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, shall be that specified by 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.
* * * * *
7. In Sec. 648.81, revise the introductory text of paragraph (n)
to read as follows:
Sec. 648.81 NE multispecies closed areas and measures to protect EFH.
* * * * *
(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 fishing under a NE multispecies DAS 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.
* * * * *
8. In Sec. 648.82, revise the introductory text of paragraph
(b)(5)(i), and the introductory text of paragraph (n)(1) to read as
follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(b) * * *
(5) * * *
(i) DAS allocation. A vessel qualified and electing to fish under
the Small Vessel category may retain up to 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder, combined, and one Atlantic halibut
per trip, without being subject to DAS restrictions, provided the
vessel does not exceed the yellowtail flounder possession restrictions
specified at Sec. 648.86(g). Such a vessel is subject to the
possession limits specified for other regulated species and ocean pout,
as specified at Sec. 648.86. Any vessel may elect to switch into this
category, as provided in Sec. 648.4(a)(1)(i)(I)(2), if the vessel
meets or complies with the following:
* * * * *
(n) * * *
(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 to determine whether such catch will exceed any of the sub-
ACLs specified for common pool vessels pursuant to Sec.
648.90(a)(4)(iii). This initial projection of common pool catch shall
be updated shortly after the end of each fishing year once information
becomes available 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; and the catch of Atlantic halibut, SNE/MA
winter flounder, ocean pout, windowpane flounder, and Atlantic wolffish
by sector vessels 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 catch of that stock shall be increased by
an amount equal to the amount of the overage of the overall ACL for
that stock multiplied by the common pool's share of the overall ACL for
that stock calculated pursuant to Sec. 648.90(a)(4)(iii)(E)(2). For
example, if the 2010 overall ACL for GOM cod was exceeded by 10,000 lb
(4,536 kg) due to excessive catch of that stock by vessels fishing in
state waters outside the FMP, and the common pool's share of the 2010
overall GOM cod ACL was 5 percent, then the common pool's 2010 catch of
GOM cod shall be increased by 500 lb (226.8 kg) (10,000 lb (4,536 kg) x
0.05 of the overall GOM cod ACL). If based on the initial projection
completed in February, 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. Any differential DAS counting implemented at the start of the
fishing year will be reevaluated and recalculated, if necessary, once
updated information is obtained. 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 times 24-hr DAS counting). If it is
projected that catch in a particular fishing year will exceed or
[[Page 24453]]
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 Differential DAS 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 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.
* * * * *
9. In Sec. 648.83, remove paragraph (a)(3), and revise paragraph
(b)(1) to read as follows:
Sec. 648.83 Multispecies minimum fish sizes.
* * * * *
(b) * * *
(1) Each person aboard a vessel issued a NE multispecies limited
access permit and fishing under the NE multispecies DAS program or on a
sector trip may possess up to 25 lb (11.3 kg) of fillets that measure
less than the minimum size, if such fillets are from legal-sized fish
and are not offered or intended for sale, trade, or barter. The weight
of fillets and parts of fish, other than whole-gutted or gilled fish,
shall be multiplied by 3. For the purposes of accounting for all catch
by sector vessels as specified at Sec. 648.87(b)(1)(v), the weight of
all fillets and parts of fish, other than whole-gutted or gilled fish
reported for at-home consumption shall be multiplied by a factor of 3.
* * * * *
10. In Sec. 648.85, revise paragraphs (a)(1)(ii), (a)(2)(ii),
(a)(3)(iv)(A)(2), (b)(3)(x)(A), (b)(6)(iv)(J)(4), (b)(7)(iv)(E), and
(b)(7)(vi)(B) to read as follows:
Sec. 648.85 Special management programs.
(a) * * *
(1) * * *
(ii) Eastern U.S./Canada Area. The Eastern U.S./Canada Area is the
area defined by straight lines connecting the following points in the
order stated (a chart depicting this area is available from the
Regional Administrator upon request):
Eastern U.S./Canada Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
USCA 12............................ 42[deg]20[min] 67[deg]40[min]
USCA 11............................ 41[deg]10[min] 67[deg]40[min]
USCA 10............................ 41[deg]10[min] 67[deg]20[min]
USCA 9............................. 41[deg]00[min] 67[deg]20[min]
USCA 8............................. 41[deg]00[min] 67[deg]00[min]
USCA 7............................. 40[deg]50[min] 67[deg]00[min]
USCA 6............................. 40[deg]50[min] 66[deg]50[min]
USCA 5............................. 40[deg]40[min] 66[deg]50[min]
USCA 4............................. 40[deg]40[min] 66[deg]40[min]
USCA 15............................ 40[deg]30[min] 66[deg]40[min]
USCA 14............................ 40[deg]30[min] 65[deg]44.3[min]
USCA 13............................ 42[deg]20[min] 67[deg]18.4[min]
USCA 12............................ 42[deg]20[min] 67[deg]40[min]
------------------------------------------------------------------------
* * * * *
(2) * * *
(ii) Adjustments to TACs. Any overages of the GB cod, GB haddock,
and GB yellowtail flounder TACs specified for either the common pool or
individual sectors pursuant to this paragraph (a)(2) that occur in a
given fishing year shall be subtracted from the respective TAC in the
following fishing year and may be subject to the overall groundfish AM
provisions as specified in Sec. 648.90(a)(5)(ii) if the overall ACL
for a particular stock in a given fishing year, specified pursuant to
Sec. 648.90(a)(4), is exceeded.
* * * * *
(3) * * *
(iv) * * *
(A) * * *
(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 all
limited access NE multispecies DAS and sector vessels subject to that
particular TAC allocation, as specified in paragraph (a)(3)(iv)(E) of
this section, by prohibiting such vessels and all other vessels not
issued a limited access NE multispecies permit from entering or being
in this area and from harvesting, possessing, or landing cod in or from
the Eastern U.S./Canada Area during the closure period.
* * * * *
(b) * * *
(3) * * *
(x) * * *
(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 fishing with trawl
gear must use 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 on board the fishing vessel simultaneously). When this SAP
is only open to target haddock, NE multispecies
[[Page 24454]]
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).
* * * * *
(6) * * *
(iv) * * *
(J) * * *
(4) Mesh size. An eligible vessel fishing in the Regular B DAS
Program within the GB Cod Stock Area as defined in paragraph
(b)(6)(v)(B) of this section 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.
* * * * *
(7) * * *
(iv) * * *
(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 paragraphs (b)(7)(v)(A) and (vi)(B) of this section.
* * * * *
(vi) * * *
(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. 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.
* * * * *
11. In Sec. 648.86, revise paragraph (m)(1) to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(m) * * *
(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, based upon the time the vessel
lands following the end of the previous trip. For example, if a vessel
lands 1,600 lb (725.7 kg) of GOM cod at 6 p.m. on Tuesday, that vessel
cannot land any more regulated species or ocean pout until at least 6
p.m. on the following Wednesday.
* * * * *
12. In Sec. 648.87, revise the introductory text to paragraph
(c)(2), and revise paragraphs (b)(1)(ii), (b)(1)(vi)(B), (b)(1)(ix),
(b)(5)(i)(A)(1), and (b)(5)(ii)(B)(2) to read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(b) * * *
(1) * * *
(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 allocated to sectors pursuant to paragraph
(b)(1)(i)(A) of this section that are 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 on a sector trip 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
exceeds the ACE allocated to that sector, as of the date received or
purchased by the dealer, whichever occurs first, after considering all
ACE transfer requests ultimately approved by NMFS during the current
fishing year, pursuant to paragraph (b)(1)(viii) of this section,
unless otherwise specified pursuant to Sec. 648.90(a)(5).
* * * * *
(vi) * * *
(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 0700 hr on the second
Monday after 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.
* * * * *
(ix) Trip limits. With the exception of stocks listed in Sec.
648.86(1) and the Atlantic halibut trip limit at Sec. 648.86(c), 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.
* * * * *
(5) * * *
(i) * * *
(A) * * *
(1) Trip-start hail report. The vessel operator must submit a trip-
start hail report prior to departing port at the beginning of each trip
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 date and time of
arrival to port. Trip-start hail reports by vessels operating less than
6 hr or within 6 hr of port must also include estimated date and time
of offload. If the vessel operator does not receive confirmation of the
receipt of the trip-start hail report from the dockside/roving monitor
provider, 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.
* * * * *
(ii) * * *
(B) * * *
[[Page 24455]]
(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 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. The tote tagging requirements
specified in this paragraph (b)(5)(ii)(B)(2), are not required,
provided the following three requirements are met:
(i) The roving monitor that observed the offload at the dock will
also be the dockside monitor at the truck offload to the dealer;
(ii) The roving monitor will follow the truck, in line of sight,
from the remote offload to the dealer offload where the weighing
occurs; and,
(iii) The truck is loaded with only the catch from the one trip
being monitored.
* * * * *
(c) * * *
(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 applicable to
NE multispecies vessels, 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.
* * * * *
13. In Sec. 648.89, add paragraphs (c)(8) and (c)(9), and revise
paragraphs (c)(2)(i), (c)(6), (c)(7), (d), and (e)(3)(iv), to read as
follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(c) * * *
(2) * * *
(i) Unless further restricted by the Seasonal GOM Cod Possession
Prohibition, specified in paragraph (c)(2)(v) of this section, each
person on a charter/party vessel may possess no more than 10 cod per
day.
* * * * *
(c) * * *
(6) Atlantic wolffish. Persons aboard charter/party vessels
permitted under this part and not fishing under the NE multispecies DAS
program, on a sector trip, under a Handgear A permit, under a Handgear
B permit, or under a Small Vessel Category C permit, and private
recreational fishing vessels in or possessing fish from the EEZ may not
possess Atlantic wolffish.
(7) SNE/MA winter flounder. Persons aboard charter/party vessels
permitted under this part and not fishing under the NE multispecies DAS
program, on a sector trip, under a Handgear A permit, under a Handgear
B permit, or under a Small Vessel Category C permit, and private
recreational fishing vessels fishing in the SNE/MA winter flounder
stock area, as defined in Sec. 648.85(b)(6)(v)(F), may not fish for,
possess, or land winter flounder. Private recreational vessels in
possession of winter flounder caught outside of the SNE/MA winter
flounder may transit this area, provided all bait and hooks are removed
from all fishing rods, and any winter flounder on board has been
stored.
(8) Windowpane flounder. Persons aboard charter/party vessels
permitted under this part and not fishing under the NE multispecies DAS
program, on a sector trip, under a Handgear A permit, under a Handgear
B permit, or under a Small Vessel Category C permit, and private
recreational fishing vessels in or possessing fish from the EEZ, may
not possess windowpane flounder.
(9) Ocean pout. Persons aboard charter/party vessels permitted
under this part and not fishing under the NE multispecies DAS program,
on a sector trip, under a Handgear A permit, under a Handgear B permit,
or under a Small Vessel Category C permit, and private recreational
fishing vessels in or possessing fish from the EEZ may not possess
ocean pout.
* * * * *
(d) Restrictions on sale. It is unlawful to sell, barter, trade, or
otherwise transfer for a commercial purpose, or to attempt to sell,
barter, trade, or otherwise transfer for a commercial purpose, NE
multispecies caught or landed by recreational, charter, or party
vessels permitted under this part not fishing under a DAS, on a sector
trip, or under a Handgear A permit, Handgear B permit, or Small Vessel
Category C permit while fishing in the EEZ.
* * * * *
(e) * * *
(3) * * *
(iv) For the GOM charter/party closed area exemption only, the
vessel may not fish on a sector trip, under a NE multispecies DAS, or
under the provisions of the NE multispecies Small Vessel Category or
Handgear A or Handgear B permit categories, as specified at Sec.
648.82, during the period of participation.
* * * * *
14. In Sec. 648.90, revise the introductory text to paragraph
(a)(4)(iii)(E), and revise paragraphs (a)(4)(i), (a)(4)(iii)(E)(2),
(a)(5)(i)(A) and (a)(5)(ii) to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(4) * * *
(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
[[Page 24456]]
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)(6) 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).
* * * * *
(iii) * * *
(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) of
this section, 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 and recreational fisheries,
pursuant to this paragraph (a)(4)(iii)(E).
* * * * *
(2) Commercial allocation. Unless otherwise specified in this
paragraph (a)(4)(iii)(E)(2), 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). For fishing years 2010 and 2011, the ABC/ACL of
each regulated species or ocean pout stocks not allocated to sectors
pursuant to Sec. 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, SNE/MA
winter flounder, ocean pout, windowpane flounder, and Atlantic
wolffish) that is available to the commercial NE multispecies fishery
shall be allocated entirely to the common pool. 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).
* * * * *
(5) * * *
(i) * * *
(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. Pursuant to the distribution of
ABCs/ACLs specified in paragraph (a)(4)(iii)(E)(2) of this section, for
the purposes of this paragraph (a)(5)(i)(A), the catch of each
regulated species or ocean pout stock not allocated to sectors pursuant
to Sec. 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, SNE/MA winter
flounder, ocean pout, windowpane flounder, and Atlantic wolffish)
during fishing years 2010 and 2011 shall be added to the catch of such
stocks by common pool vessels to determine whether the differential DAS
counting AM described in Sec. 648.82(n)(1) shall take effect. If such
catch does not exceed the portion of the ACL specified for common pool
vessels pursuant to paragraph (a)(4)(iii)(E)(2) of this section, then
no AMs shall take effect for common pool vessels.
* * * * *
(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;
vessels fishing in state waters outside of the FMP; or vessels fishing
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 due to catch from vessels
fishing outside of the NE multispecies fishery 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.
* * * * *
15. In Sec. 648.92, revise paragraph (b)(1)(iii) to read as
follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(iii) DAS declaration provision for vessels fishing in the NFMA
with a VMS unit. Any limited access NE multispecies vessel fishing on a
sector trip or under a NE multispecies Category A DAS in the NFMA, and
issued an LOA as specified in Sec. 648.94(f), may change its DAS
declaration to a monkfish DAS through the vessel's VMS unit during the
course of the trip after leaving port, but prior to crossing the VMS
demarcation line upon its return to port or leaving the NFMA, if the
vessel exceeds the incidental catch limit specified under Sec.
648.94(c).
* * * * *
[FR Doc. 2011-10442 Filed 4-29-11; 8:45 am]
BILLING CODE 3510-22-P