[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 37903-37917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15360]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000531162-0162-01; I.D. 042800B]
RIN 0648-AN49


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery, Framework Adjustment 13; Northeast Multispecies Fishery, 
Framework Adjustment 34

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 13 to the Atlantic Sea Scallop Fishery Management 
Plan (FMP) and Framework Adjustment 34 to the Northeast Multispecies 
FMP. This final rule implements the 2000 Sea Scallop Exemption Program 
(Exemption Program), creates Sea Scallop Exemption Areas (Exemption 
Areas) in portions of multispecies Closed Area I (CA I), Closed Area II 
(CA II), and the Nantucket Lightship Closed Area (NLCA) and includes 
the following management measures: A possession limit of up to 10,000 
lb (4,356.0 kg) of scallop meats per trip; a maximum number of trips 
for each area; an automatic minimum deduction of 10 days-at-sea (DAS) 
for each trip; a minimum mesh twine-top of 10 inches (25.40 cm); a 
yellowtail flounder total allowable catch (TAC) of 725 metric tons (mt) 
for CA I and CA II combined, and 50 mt for the NLCA; and an increase in 
the regulated species possession limit from 300 lb (136.1 kg) to 1,000 
lb (435.6 kg) per trip, among other measures. In addition, this action 
modifies the scallop dredge gear stowage requirements and corrects and 
clarifies the ``end of the year DAS carry-over'' provision for vessels 
participating in the limited access scallop fishery. The primary intent 
of this action is to provide a continuation and an expansion of a 
short-term strategy to allow scallop dredge vessels access to 
multispecies closed areas without

[[Page 37904]]

compromising multispecies and sea scallop rebuilding or habitat 
protection.

DATES: Effective June 15, 2000, except for Sec. 648.57 introductory 
paragraphs (a) and (b), which becomes effective June 15, 2000, through 
March 1, 2001, and Sec. 648.58(c)(3)(i) and (c)(3)(ii), which becomes 
effective June 14, 2000.

ADDRESSES: Copies of Framework Adjustment 13/Framework Adjustment 34 to 
the Atlantic Sea Scallop/Northeast Multispecies FMPs, its Environmental 
Assessment (EA), and regulatory impact review are available on request 
from Paul J. Howard, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA 01950. These documents are 
also available online at http://www.nefmc.org.
    Comments regarding the collection-of-information requirements 
contained in this final rule should be sent to Patricia A. Kurkul, 
Regional Administrator, Northeast Region, One Blackburn Drive, 
Gloucester, MA 01930-2298, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: David M. Gouveia, Fishery Policy 
Analyst, 978-281-9280.

SUPPLEMENTARY INFORMATION: Based on results from the 23rd Stock 
Assessment Workshop and information obtained from a cooperative 
experimental research fishery conducted from August through October 
1998, the Council developed, and NMFS approved, Framework Adjustment 11 
to the Atlantic Sea Scallop FMP and Framework Adjustment 29 to the 
Northeast Multispecies FMP in June 1999, which implemented the 1999 
Georges Bank Sea Scallop Exemption Program and provided sea scallop 
fishermen access to CA II. This action helped to reduce fishing effort 
in other scallop areas where the stock is dominated by smaller scallops 
by shifting effort into CA II where the scallop biomass and average 
individual size have increased dramatically since 1994, while 
maintaining conservation neutrality.
    During the course of the 1999 Georges Bank Sea Scallop Exemption 
Program implemented under Frameworks 11/29 (June 15 through November 
12, 1999), additional cooperative research was conducted by NMFS and 
the industry in CA I, CA II, and the NLCA. This research involved 
mapping the distribution and estimating the abundance of Atlantic sea 
scallops; determining the rate and distribution of finfish and 
invertebrate bycatches in the sea scallop fishery; testing new gear 
designs to reduce finfish bycatch rates; providing information on the 
potential habitat effects of the use of scallop dredge gear; and 
evaluating changes in catch-per-unit-effort. To the extent that the 
data from these research projects have been analyzed, this new 
information was incorporated into the development of Frameworks 13/34 
and builds on the data obtained from the 1999 Georges Bank Sea Scallop 
Exemption Program.
    To provide an additional year of access to areas of high scallop 
biomass, this action allows sea scallop dredge vessels access to 
portions of CA I, CA II, and the NLCA during the period from June 15, 
2000, through December 31, 2000, and establishes a sea scallop TAC of 
8,664 mt to be distributed among the three closure areas. To help fund 
the cost of observers, an additional 87 mt above the TAC together with 
another 87 mt set aside from the TAC, for a total of 174 mt, is 
available. In addition, 87 mt is set aside from the sea scallop TAC to 
help defray the cost of sea scallop research. After deducting the two 
87 mt set asides, the resulting commercial scallop TAC available is 
8,490 mt (2,934 for CA II; 2,445 mt for the NLCA; and 3,111 mt for CA 
I).
    As in Frameworks 11/29, this action opens only certain portions of 
the closed areas to minimize the impact on finfish bycatch and habitat. 
The Council's Habitat Committee recommended that, based on current 
essential fish habitat (EFH) considerations, only areas south of 
41 deg.30' N. lat. in CA II, only areas north of 41 deg.07' N. lat. in 
CA I, and only areas north of 40 deg.30' N. lat. and east of the 13900 
loran line in the NLCA should be considered for opening to scallop 
dredge vessels. This action adopts the Habitat Committee's recommended 
area openings for all three areas.
    To minimize yellowtail flounder bycatch, this action implements a 
Georges Bank yellowtail flounder TAC of 757 mt (a combined TAC for CA I 
and CA II), and a Southern New England yellowtail flounder TAC of 50 mt 
for NLCA. Once these yellowtail flounder TACs are projected to be 
reached, scallop fishery access to the respective closed areas will be 
terminated. The yellowtail flounder TAC is estimated using the 
information obtained from observed trips in the Exemption Program. One 
percent from each yellowtail flounder TAC is set aside to account for 
yellowtail flounder incidental catch that may occur on vessels 
conducting sea scallop research activities. This will allow sea scallop 
research activities to continue, should the Exemption Program be 
terminated due to the harvest of the overall yellowtail flounder TAC.
    This action expands upon the mechanism in the 1999 Georges Bank Sea 
Scallop Exemption Program to conduct sea scallop research utilizing the 
TAC set aside for this purpose by adopting a more flexible design to 
provide applicants more options in conducting their projects. For 
example, this action will allow sea scallop research activities and 
commercial trips to be conducted separately, rather than on the same 
trip as implemented under the 1999 Georges Bank Sea Scallop Exemption 
Program. In addition, this action requires that specific elements be 
included in proposals submitted in response to the Request for Proposal 
and a report of the project results submitted to the Council and NMFS. 
Successful applicants will receive grant awards to help defray the 
costs of the sea scallop research. Grant awards will be made consistent 
with Department of Commerce grant policy and procedures. Amounts over 
the trip limits for sea scallop meats to be allocated for defraying 
project costs shall be limited by area up to 30 mt for CA II, 25 mt for 
the NLCA, and 32 mt for CA I.
    All limited access scallop vessels, including vessels that hold a 
scallop ``Confirmation of Permit History,'' are eligible to fish for 
the sea scallop TAC specified for each Exemption Area. Full-time and 
part-time scallop vessels are allowed up to three CA II trips, two CA I 
trips, and one NLCA trip. Vessels permitted in the Occasional permit 
category are allocated only one trip in the area of their choice. All 
scallop vessels are allowed to possess up to 10,000 lb (4,356.0 kg) of 
scallop meats per trip. Note that the 10,000 lb (4,356.0 kg) of meats 
per trip is a possession limit, rather than just a landing limit, to 
help ensure the enforceability of this measure.
    All scallop vessels fishing in the Exemption Program must have 
installed on board an operational Vessel Monitoring System (VMS) unit 
that meets the minimum performance criteria as specified in the 
regulations (Occasional permitted vessels are the only limited access 
scallop vessels not currently required to have a VMS.). Scallop vessels 
planning to fish in an Exemption Area must so declare by notifying the 
Administrator, Northeast Region, NMFS (Regional Administrator), through 
the VMS. For each trip declared, a minimum of 10 DAS will automatically 
be deducted.
    Each vessel operator is required to inform NMFS of his/her 
intention to fish in the Exemption Areas at least 15

[[Page 37905]]

days prior to the opening of each Exemption Area season through the VMS 
e-mail system to facilitate placement of observers. This, along with 
the following information, must be reported at least 15 days prior to 
the opening of each Exemption Area season: Vessel name and permit 
number, owner and operator's name, owner and operator's phone numbers, 
and number of trips anticipated for the Exemption Area in question. In 
addition, vessels must provide notice to NMFS as to the time and port 
of departure at least 5 working days prior to the beginning of any trip 
on which it declares into the Exemption Program. Vessels will be 
provided additional information by mail regarding all notification 
requirements.
    Because of the late publication of this final rule implementing the 
15-day advance notification requirement, there is insufficient time to 
provide for the 15-day advance notification for Closed Area II, which 
is scheduled to reopen on June 15th. Therefore, NMFS is waiving the 15-
day advance notification for Closed Area II, only. NMFS requests that 
vessel operators intending to fish in Closed Area II provide 
notification to NMFS as soon as possible.
    Each vessel participating in this Exemption Program is required to 
report information on a daily basis through the VMS. On all trips to an 
Exemption Area, vessels must report their daily pounds (kg) of scallop 
meats kept and the Fishing Vessel Trip Report page number corresponding 
to the respective Exemption Area trip. In addition, vessels on observed 
trips must provide a separate report of the daily pounds (kg) of 
scallop meats kept and the pounds (kg) of yellowtail flounder caught on 
tows that were observed.
    Measures are included to improve the enforceability of this 
program. One measure is an increase in the VMS polling frequency. For 
the duration of the Exemption Program implemented by this action, all 
limited access scallop vessels equipped with a VMS unit will be polled 
twice per hour, regardless of whether the vessel is enrolled in the 
Exemption Program. Based on the increase in polling, the Council 
recommended and NMFS approved a decision to eliminate the buffer zone 
that was put into place last year. In addition, the openings of the 
closed areas will be sequential rather than concurrent. The seasonal 
openings for this year's Exemption Areas are as follows: June 15 
through August 14 for CA II; August 15 through September 30 for the 
NLCA; and October 1 through December 31, 2000, for CA I.
    After taking into account data on the number of eligible vessels 
participating and the total number of trips taken, the Regional 
Administrator may adjust the sea scallop possession limit for the NLCA 
and/or the CA I Exemption Areas during January 2001 for full-time and 
part-time limited access sea scallop vessels and/or allocate one or 
more additional trips, if a sufficient amount of the sea scallop target 
TAC and yellowtail flounder TAC remains to warrant such an adjustment 
or allocation, given the likelihood of exceeding the sea scallop TAC. 
Occasional permitted vessels would not be allocated an additional trip.
    At the discretion of the Regional Administrator, scallop vessels 
may be allocated an additional amount of sea scallops, not to exceed a 
cumulative total of 60 mt in CA II, 64 mt in CA I, and 50 mt in the 
NLCA, respectively, for each trip on which an observer is taken, to 
help fund the cost of observers. The vessel owner will be responsible 
for paying for the cost of the observer, regardless of whether any 
scallops are caught on the trip.
    This action also increases the regulated multispecies incidental 
catch allowance from 300 lb (136.1 kg) to 1,000 lb (453.6 kg) per trip 
for scallop vessels when fishing under the Exemption Program and 
authorizes the Regional Administrator to make in-season adjustments, if 
necessary, to reduce regulatory discards. Because vessels are expected 
to catch more groundfish (especially yellowtail flounder) in the 
Exemption Areas than outside those areas, increasing the allowance of 
regulated species will help reduce discards. In addition, vessels that 
have an observer on board will be allowed to retain all regulated 
species caught, provided the fish caught in excess of the possession 
limit are donated to a bonafide charity.
    Vessels that have declared a trip under the Exemption Program are 
prohibited from possessing more than 50 U.S. bushels (400 lb (181.4 kg) 
of meats) of shell stock when outside of the designated Exemption Area 
specified in this framework. This 400- lb (181.4-kg) scallop meat limit 
for shell stock is considered part of the 10,000-lb (4,536.0-kg) meat 
weight possession limit. A limit on the amount of sea scallops landed 
in the shell is a necessary enforcement tool for purposes of monitoring 
the 10,000-lb (4,536.0-kg) meat weight possession limit requirement. 
Allowing vessels to retain a relatively minor amount of shell stock 
will help satisfy a market for large, live scallops, yet not compromise 
the enforceability of the possession limit.
    All scallop vessels, including those currently fishing with nets, 
that are fishing under the Exemption Program, must use scallop dredge 
gear that conforms to the current sea scallop dredge vessel gear 
restrictions specified in Sec. 648.51, with the exception of the twine 
top mesh size restrictions. For vessels fishing in the Exemption 
Program, twine tops must have a minimum mesh size of 10-inch (25.40-cm) 
square or diamond mesh. The purpose of increasing the minimum twine top 
mesh size measurement from 8 inches (20.32 cm) outside the closed areas 
to 10 inches (25.40 cm) inside the closed areas is to reduce bycatch of 
groundfish and other finfish. Recent research demonstrates that the 10 
inch mesh size may significantly reduce bycatch of certain species, 
especially flatfish species.
    In response to safety concerns raised by industry, this final rule 
also implements a mechanism for the modification to the current stowage 
provision for dredge gear vessels and will allow the Regional 
Administrator to authorize other methods of gear stowage. This 
modification allows scallop dredge gear to be stowed in a safer manner 
while not compromising enforcement. This provision will remain in place 
beyond the closure of the Exemption Program. In addition, gear stowage 
provisions previously contained in Secs. 648.57 introductory paragraphs 
(a) and (b), 648.80(a)(2)(iii), (b)(2)(iii), (b)(6)(i)(C), and 
(b)(9)(i)(E), 648.81(d) and the removal of paragraph (e), 
648.82(k)(1)(iv)(A), 648.86(b)(3), (b)(4), (d)(1)(i), (d)(1)(ii), and 
(d)(1)(iii), 648.87 introductory text to paragraphs (a) and (b), 
648.89(a), 648.91(c)(2)(ii), and Sec. 648.94(e) have been consolidated 
and are now contained in Sec. 648.23.
    The Northeast multispecies and monkfish regulations contain a 
provision that restricts vessels that held a Confirmation of Permit 
History for the entire fishing year preceding the carry-over year, from 
carrying over unused DAS from one year to the next. However, NMFS 
inadvertently omitted this restriction in the end-of-the-year DAS 
carry-over provision. This final rule corrects and clarifies the end-
of-the-year DAS carry-over provision for vessels participating in the 
limited access scallop fishery to make it consistent with the DAS 
carry-over provisions contained in the Northeast multispecies and 
monkfish fisheries.
    Finally, vessels fishing under the Exemption Program are prohibited 
from off loading their scallop catch at more than one location. This 
measure will help in monitoring the TAC, as well as aid enforcement in 
tracking landings and in enforcing the trip limit.

[[Page 37906]]

Disapproved Measure

    The framework document for this action proposes to allow General 
Category permitted vessels to fish for scallops in portions of the NLCA 
and CA I. The General Category fleet would have been allocated 5 
percent of the total scallop TAC and would have been authorized to 
retain no more than 400 lb (174.2 kg) of scallop meats per Exemption 
Program trip. Retention of regulated multispecies would have been 
prohibited. In addition, General Category vessels would have been 
required to obtain and operate a VMS unit and would have been 
restricted to one dredge no larger than 10.5 ft (3.2 m) with 10-inch 
(25.40-cm) mesh twine top.
    Because this measure would create significant enforcement and 
administrative concerns, it violates section 303(a)(1)(A) of the 
Magnuson-Stevens Act and national standard 7. National standard 7 
requires that conservation and management measures minimize costs where 
practicable. The General Category permit, an open access permit, was 
originally developed by the Council to allow vessels not qualified for 
a limited access scallop permit to retain an incidental catch of 
scallops. As an open access permit, there is no limit on the number of 
vessels that could obtain this permit, thus creating an enforcement 
burden due to the potential of greatly expanding the number of boats 
that may fish in this program. In addition, monitoring of a separate 
TAC for these vessels would be extremely difficult. Therefore, NMFS 
disapproved this measure.

Abbreviated Rulemaking

    NMFS is making these revisions to the regulations under the 
framework abbreviated rulemaking procedure codified at 50 CFR part 648, 
subpart F. This procedure requires the Council, when making 
specifically allowed adjustments to the FMP, to develop and analyze the 
actions over the span of at least two Council meetings. The Council 
must provide the public with advance notice of both the proposals and 
the analysis, and an opportunity to comment on them prior to and at a 
second Council meeting. Upon review of the analysis and public comment, 
the Council may recommend to the Regional Administrator that the 
measures be published as a final rule if certain conditions are met. 
NMFS may publish the measures as a final rule, or as a proposed rule if 
additional public comment is needed.
    The public was provided the opportunity to express comments on 
allowing access by scallop vessels into the multispecies closed areas 
at numerous meetings. The following list includes all meetings, 
including plan development team meetings, at which this action was on 
the agenda, discussed, and public comment was heard:

 
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                Date                                                    Meeting
----------------------------------------------------------------------------------------------------------------
1999................................
May 20..............................  Invertebrate Assessment Sub-Committee
June 2..............................  Scallop Program Development Team (PDT)
June 21-25..........................  Stock Assessment Review Committee
July 7-8............................  Scallop PDT
July 29-30..........................  Scallop PDT
August 24...........................  Scallop PDT
September 9.........................  Scallop Advisory Panel
September 16-17.....................  Scientific and Statistical Committee
September 10........................  Scallop Oversight Committee
September 22........................  Council
September 28-29.....................  Scallop Oversight Committee
October 6-7.........................  Scallop PDT
October 6...........................  Habitat Technical Team
October 18..........................  Scallop PDT
October 19..........................  Habitat Committee
November 8..........................  Research Steering Committee
November 10.........................  Multispecies Oversight Committee
November 12.........................  Scallop Oversight Committee
November 15.........................  Gear Conflict Committee
November 15.........................  Enforcement Committee
November 17.........................  Council
December 7-8........................  Multispecies PDT
December 13.........................  Multispecies Oversight Committee
2000................................
January 10-11.......................  Scallop Oversight Committee
January 14..........................  Multispecies Oversight Committee
January 20..........................  Council
----------------------------------------------------------------------------------------------------------------

    Documents summarizing the Council's proposed action, and the 
analysis of biological and economic impacts of this and alternative 
actions, were available for public review one week prior to the final 
Council meeting, as is required under the framework adjustment process. 
Written and oral comments were accepted up to and during that meeting.

Comments and Responses

    Comment 1: Several commenters stated that this action should remain 
conservation neutral, i.e., there should be no net increase in fishing 
mortality rate (F) for sea scallops.
    Response: Conservation neutrality means that F for the sea scallop 
resource should not rise above the annual F set by Amendment 7 to the 
Atlantic Sea Scallop FMP. The framework analyses demonstrate that total 
F will not increase, except in the unlikely event that a large portion 
of inactive vessels, including vessels that hold a Confirmation of 
Permit History, begin fishing.
    Comment 2: Several comments were received that viewed the reopening 
of the closed areas as shortsighted, in that

[[Page 37907]]

several important fishery resources will be negatively impacted by this 
action.
    Response: Although no specific fishery resource was identified by 
the commenter, NMFS has concluded that the action does not negatively 
impact any other resources. The EA concludes that there will be no net 
increase in F for scallops. One of the more critical groundfish stocks, 
Georges Bank yellowtail flounder, has recovered considerably from its 
once highly depleted condition. Still, continued rebuilding of the 
Georges Bank yellowtail flounder stock is necessary and there is a high 
level of concern over the low stock size of the Cape Cod and Southern 
New England yellowtail flounder stocks. This action takes the necessary 
steps to protect these valuable resources through implementation of TAC 
levels, which, when reached, will terminate the Exemption Program. The 
action also promotes fishing effort reduction in areas where scallops 
are depleted, and increases meat yield. The selection of the areas to 
be reopened under the Exemption Program addresses habitat concerns by 
keeping some of the more complex bottom areas within the groundfish 
closed areas closed. Additionally, this action promotes rebuilding of 
the scallop resource by reducing effort on small, fast-growing 
scallops.
    Comment 3: Several commenters noted that the closed areas were 
closed to scallop dredge gear partly because this gear disrupts 
spawning activity of groundfish.
    Response: This action restricts access by scallop dredge vessels 
into the closed areas to a time when groundfish spawning activity is 
considered to be minimal (i.e., June 15 through August 14 for CA II; 
August 15 through September 30 for the NLCA; and October 1 through 
December 31, 2000, for CA I).
    Comment 4: Some commenters stated that any economic gain derived 
from scallop fishing in the groundfish closed areas will be offset or 
lost by the setback to cod, yellowtail flounder, and other recovering 
species.
    Response: This action sets yellowtail flounder TAC levels for 
Exemption Area fisheries, which, when reached, trigger the termination 
of the respective Exemption Area fisheries. The yellowtail flounder TAC 
levels will ensure that the Exemption Area fisheries do not cause a 
setback to that species' rebuilding schedule. Cod and haddock do not 
appear to be vulnerable in any significant way to scallop fishing with 
dredges within the Exemption Areas during the specified fishing 
seasons. Furthermore, the minimum mesh twine-top size and the expected 
effort transfers from areas now open to scallop fishing will limit the 
impacts on other species. Suspending the fisheries when certain 
thresholds are met and requiring more restrictive fishing gear when 
fishing in the Exemption Areas will mitigate the negative impacts on 
all species, particularly yellowtail flounder, even though an 
insignificant net increase in mortality is expected.
    Comment 5: Because scallop fishers harvested significant amounts of 
yellowtail flounder in the 1999 Georges Bank Sea Scallop Exemption 
Program, as evidenced by the termination of the fishery when the 
yellowtail flounder TAC was taken, several commenters stated that the 
Council's analysis of the likely significant impact on overfished 
groundfish stocks is insufficient.
    Response: The yellowtail flounder TAC levels are designed to ensure 
adequate protection of the yellowtail flounder stocks. Provided each 
respective Exemption Area fishery is terminated when its TAC level is 
reached, as required by this action, the stocks should receive adequate 
protection.
    Comment 6: Opening the closed areas to scalloping and maintaining 
scallopers' DAS at current levels will undercut current and proposed 
protections afforded EFH in New England waters. In its Omnibus EFH 
Amendment (64 FR 19503, April 21, 1999), the Council noted that the 
year-round groundfish closed areas and proposed reductions in scallop 
DAS protect and conserve EFH. The Council relied on these measures in 
the Omnibus EFH Amendment to satisfy its duty under the Magnuson-
Stevens Act to minimize adverse effects of fishing on EFH.
    Response: This action re-opens only portions of the closed areas 
where habitat is less likely to be adversely impacted by scallop gear. 
The benthos of the re-opened portion of CA II primarily consists of 
sand and shell in a high energy environment. The habitat in this area 
is not as complex and diverse as the habitats to the north, which will 
remain closed to scallop fishing. The reopened portion of CA I, based 
on the information available to the Council, is believed to be 
comprised primarily of sand, with no known areas of hard bottom. This 
type of habitat is less sensitive to the impacts associated with 
scallop fishing than the gravel and hard-bottom habitats south of the 
area that will not be opened to scallop fishing. The re-opened portion 
of the NCLA, based on the information available to the Council, is 
believed to be primarily comprised of relatively flat sand.
    Although this action will increase habitat impacts in the areas to 
be opened for scallop fishing, the compensating effect will be to 
reduce scallop fishing effort in areas that are now open. The action is 
expected to reduce overall scallop fishing time by 22 percent. Some of 
the areas currently open to scallop fishing have significantly more 
complex and diverse habitat than that in the portions of the groundfish 
closed areas to be reopened to scallop fishing. The biological impacts 
of this trade-off are discussed in the EA and, on balance, this action 
was determined to be consistent with EFH objectives and to minimize the 
impacts of fishing on EFH to the extent practicable.
    Additionally, NMFS is recommending to the Council who will conduct 
the initial review of the research proposals that a portion of the 
scallop TAC set aside for sea scallop research be considered to fund 
experiments to help identify more selective fishing gears or gears that 
have less habitat impacts.
    Comment 7: The absence of habitat data from research conducted 
during last year's opening of CA II limited the Council in properly 
evaluating the environmental impacts of this proposed re-opening. 
Therefore, the Council continues to be unable to answer fundamental 
questions necessary to assess properly the EFH and environmental 
impacts of the last year's partial opening of CA II.
    Response: Under National Standard 2 of the Magnuson-Stevens Act, 
the Council and NMFS are required to use the best scientific 
information available. During last year's CA II opening, additional 
cooperative research was conducted by NMFS and industry in CA I, CA II, 
and the NLCA. From the research conducted, information was gained on 
the potential habitat effects of the use of scallop dredge gear. 
However, since this action was developed at the same time the habitat 
research was being conducted, and a substantial amount of time and 
resources were needed to adequately analyze the data, the data analysis 
associated with the habitat studies was not completed in time to be 
incorporated into this action. The Council's Habitat Committee did, 
however, use the best available scientific information available in 
developing the action within the time period for developing the action. 
The Habitat Committee utilized sidescan sonar information to develop 
the Exemption Area alternatives chosen by the Council. The Council 
intends to use the habitat data generated from last

[[Page 37908]]

year's opening, along with any new habitat information, when developing 
a more permanent rotational scallop fishing strategy in Amendment 10 to 
the Atlantic Sea Scallop FMP.
    Comment 8: If the Council allows scalloping fishing in these areas, 
significant environmental impacts can be expected, not just proximate 
to, but actually in ``ecologically critical areas.'' In fact, the 
Council has already identified particularly ecologically important 
areas within EFH located in CA II and designated such areas as a 
habitat area of particular concern (HAPC) for juvenile cod.
    Response: The term ``ecologically critical areas'' is not defined, 
nor does it have any meaning analogous to ``HAPC'' or ``EFH.'' There is 
no reference to this term in the Council's Omnibus EFH Amendment, as 
implied by the comment. The HAPC in CA II is not near the area where 
scalloping will be allowed.
    Comment 9: Some commenters expressed concern regarding the 
destruction to the ocean floor that could be caused by scallop dredge 
vessels in the closed areas. In particular, scallop dredging has a 
significant effect on gravel and hard bottom habitats.
    Response: See the response to Comment 6.
    Comment 10: Opening the closed areas and failing to reduce scallop 
DAS without additional scallop closures or measures with equal habitat 
benefits increases fishing effects on EFH, an environmental impact that 
must be analyzed pursuant to National Environmental Policy Act and the 
EFH Omnibus Amendment. The Council has not sufficiently analyzed the 
likely significant impact on EFH.
    Response: These impacts are analyzed, to the extent possible, in 
the EA and, pursuant to the EFH interim final rule (62 FR 66531, 
December 19, 1997), in the EFH Assessment. The EA estimates a 22-
percent reduction in bottom time needed to harvest the same amount of 
sea scallops within the current closed areas as compared to no access 
to closed areas. See also the response to Comment 6.
    Comment 11: Little is known about the habitats within the portions 
of CA I and the NLCA scheduled to be re-opened. Limited sampling 
creates a real risk that hard-bottom habitats, not identified, exist in 
these areas. Little is known about the benthic and pelagic ecosystems 
that rely on these habitats and how they are affected indirectly by 
scallop dredging. The Council should have considered postponing 
scallopers' access to the closed areas until it can collect and analyze 
reliable data and accurate geological surveys.
    Response: The Council based this action on the best scientific 
information available, as required by National Standard 2 of the 
Magnuson-Stevens Act. All relevant sources of scientific information 
were used in the Council's deliberations, including a review of 
available sidescan sonar information reflecting bottom types in CA I. 
Other considerations and determinations were made as discussed in the 
response to Comment 6.
    Comment 12: The EA must consider reasonable alternatives to the 
proposed action, including the no-action alternative, that have the 
potential to mitigate the potential negative impacts of the action. At 
a minimum, the Council and NMFS should consider the no-action 
alternative, allowing scallopers to fish only in certain areas, rather 
than in all closed areas; for example, the Council should have 
considered allowing scallop fishing only in areas where sufficient data 
exist to demonstrate that they contain EFH that is less severely 
affected by scallop dredging (such as soft sediments and high energy 
environments).
    Response: The Council did consider all these alternatives. In 
effect, it chose not to open all the areas, and to open areas with 
habitat less severely affected by scallop dredging by limiting the 
exempted areas within the overall closed areas.
    Comment 13: The Council should have considered requiring slower 
towing speeds and full stops before hauling the dredge of the bottom to 
minimize bycatch of groundfish and other species.
    Response: During the course of last year's CA II opening, as part 
of a cooperative research project, tow speed, haul-back speed, and tow 
scope were studied. According to industry advisors who participated in 
this research, preliminary tests indicated that those measures would be 
ineffective. The measures also would be unenforceable. However, 
industry did employ voluntary fishing practices in last year's 
Exemption Program that reduced its yellowtail flounder catch and is 
expected to repeat this practice again this year.
    Comment 14: The Council should have considered requiring at least 
25-percent observer coverage on scallop vessels fishing under the 
Exemption Program.
    Response: The Council did adopt a goal of 25-percent observer 
coverage for each area, to be funded by the participants through a TAC 
set aside. Both the Council and NMFS agree that this program should 
have the maximum observer coverage practicable. However, due to the 
high costs of observer programs, the additional administrative burden 
that would be placed on NMFS, and the uncertainty of NMFS' ability to 
provide 25-percent observer coverage, the level of observer coverage 
was expressed as a goal, rather than as a requirement.
    Comment 15: Many industry participants suggested that the Council 
should only consider access to the closed areas in the context of a 
comprehensive rotational area management strategy.
    Response: The intent of this action is to provide a continuation 
and an expansion of a short-term strategy to allow scallop dredge 
vessels access to multispecies closed areas. Amendment 10 to the 
Atlantic Sea Scallop FMP, which is currently under development by the 
Council, will recommend a long-term sea scallop rotational harvest 
strategy. The scallop fisheries in the re-opened areas will provide 
information necessary to make this strategy possible.
    Furthermore, this action meets the goals of conservation neutrality 
and of increasing yield per recruit in terms of managing scallops for 
any future area rotation strategy and therefore is fully consistent 
with the objectives of the Atlantic Sea Scallop FMP. To delay this 
action until the implementation of Amendment 10 to the Atlantic Sea 
Scallop FMP would deprive the public of substantial economic benefits: 
An estimated $22 million in consumer surplus and an estimated $26 
million in producer surplus.
    Comment 16: General category vessels should be allowed to retain 
more that the 400-lb (181.4-kg) scallop possession limit. The limit 
makes it economically unfeasible for them to fish in the closed areas, 
and it is unfair that limited access vessels have a much higher, 
10,000-lb (4,356-kg) possession limit.
    Response: NMFS has disapproved the provision that would have 
allowed General Category vessels access to the closed areas because it 
would create a significant enforcement and administrative burden and 
thus violate National Standard 7.
    In deliberating about whether to increase the possession limit for 
General Category permit holders, the Council considered the original 
reason for establishing a General Category permit and 400-lb (181.4-kg) 
scallop possession limit. This permit was designed to meet the needs of 
fishermen who catch scallops in small-scale fisheries and/or in 
combination with other fisheries. For this reason, General Category 
permit holders are exempt from the DAS

[[Page 37909]]

restrictions to which limited access scallop vessels are subject.
    Comment 17: Some industry members commented that the sea scallop 
management measures proposed for the Exemption Program are too 
restrictive and that fishing effort, consequently, will remain in the 
open areas.
    Response: The Council has accounted for the benefits, costs, and 
risks associated with the closed area fisheries in this action. The EA 
shows that it would be more economical for scallopers to fish in the 
Exemption Program than in the existing open areas, due to lower fishing 
costs and higher prices for large scallops.
    Comment 18: Several industry members commented that the yellowtail 
flounder TAC will likely force an early closure of the Exempted Area 
fisheries.
    Response: An experimental fishery conducted in CA I and the NLCA in 
1999 showed very low yellowtail flounder catches in the scallop 
fishery. Using these rates, the analysis indicated that a closure in 
the NLCA fishery due to the yellowtail flounder TAC being exceeded is 
not likely. The combined CA I and CA II yellowtail flounder TAC is 
about 80 percent higher than the limit in 1999 due to improved 
yellowtail flounder resource conditions. Additionally, this action 
includes a minimum twine-top mesh size requirement for scallop dredge 
vessels that declare into the Exemption Program, which is expected to 
reduce incidental catch of yellowtail flounder substantially.
    Comment 19: Scallop industry members commented that the groundfish 
closure areas comprise about one-half of the Georges Bank scallop 
grounds, by area, and that scallop vessels should be able to regain 
access to these areas.
    Response: Under current conditions, the biomass within the closed 
areas on Georges Bank includes much more than one-half of the scallop 
biomass of the Georges Bank stock. This imbalance has arisen mainly due 
to the combination of very high fishing mortality on scallops within 
areas that have remained open to scallop fishing, while closed areas 
designed primarily to protect groundfish also protected sea scallops 
because of the prohibition on use of dredges.
    The Council is considering under Amendment 10 to the Atlantic Sea 
Scallop FMP the extent to which scallopers should be allowed into the 
closed areas if it does not jeopardize the rebuilding schedule for 
groundfish or scallops and does not cause substantial adverse impacts 
on habitat. This action allows access to a portion of the closed areas 
under a program that meets these conditions.
    Comment 20: Industry commented that gear research for the purposes 
of reducing bycatch should be encouraged and suggested that a portion 
of the TAC be used to fund this.
    Response: This action sets aside 1 percent of the scallop target 
TAC (87 mt) as a means to fund projects to examine new gears and/or 
gear modifications that would reduce incidental catch/bycatch by 
scallop dredge vessels.
    Comment 21: Due to the potential for gear conflicts, lobster 
industry members requested that the reopened areas be modified to 
exclude areas with concentrations of lobster pot gear.
    Response: Since their inception in 1994, the closed areas on 
Georges Bank and Nantucket Shoals have become viewed as prime lobster 
fishing grounds. The closed areas provide a place for lobster fishing 
with little danger of losing gear to mobile fishing gears. In the 
spring of 1999, the Council's Gear Conflict Committee held a meeting to 
identify the areas and time periods most valuable to lobster trap 
fishermen in the NLCA and CA II. The Committee did not ask for industry 
input on CA I because at that time, the opening of CA I was not being 
contemplated by the Council. However, during the development of this 
action, the Council consulted with the Atlantic Offshore Lobstermen's 
Association (AOLA) concerning lobster activity in CA I. As was the case 
with the NLCA and CA II, the boundaries within CA I were selected by 
the Council to avoid the highest concentration of lobster gear in each 
of the proposed closed area.
    Comment 22: Concern was expressed that the Exemption Program would 
encourage a ``derby-style'' fishery, especially with an inseason 
adjustment.
    Response: This was not a significant problem in the 1999 Georges 
Bank Sea Scallop Exemption Program and is less likely to be a problem 
in fishing year 2000 because of the limited period (January 2001) and 
area (CA I and the NLCA) for which additional trips may be authorized. 
However, if a derby-style fishery does ensue, the scallop possession 
limit to some extent addresses this concern.
    Comment 23: The high biomass of scallops in the groundfish closed 
areas represents an important opportunity to learn how to manage an 
essentially rebuilt stock for optimum yield, as required by National 
Standard 1 under the Magnuson-Stevens Act.
    Response: Additional data collected during the Exemption Program 
could be an important source of information in developing an area 
rotation management strategy, contemplated for Amendment 10 to the 
Atlantic Sea Scallop FMP.
    Comment 24: Some commenters felt that early access to the CA II is 
necessary to avoid adverse fall weather and corresponding safety 
issues, as well as to improve scallop yield.
    Response: This action allows access for scallop fishing in Closed 
Area II starting June 15, 2000. Although full-time scallop vessels 
generally fish year-round, part-time and occasional vessels, which tend 
to be smaller and less seaworthy, would benefit from this early opening 
since it allows them to take all of their trips during the summer 
months when weather is usually more favorable and scallop meat yields 
are high. Smaller vessels also would have access to CA I and the NLCA, 
which are much closer to shore, later in the year when weather 
conditions may be more of a concern.
    Comment 25: Some individuals noted that illegal transfers of 
scallops caught in CA II reportedly occurred with regularity.
    Response: The enforceability of this action is strengthened by the 
increase in VMS polling frequency to twice per hour for all scallop 
vessels fishing under a scallop DAS, whether or not they participate in 
the Exemption Program, and by staggering access to the closed areas so 
that only one area is open at one time.
    Comment 26: Area closure boundaries should be straight north-south 
and east-west, using latitude and longitude, and the areas should be as 
large as possible.
    Response: The Council carefully considered this. However, habitat, 
bycatch, and potential gear conflict concerns constrained the 
configuration of the Exemption Area boundaries.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that, 
because public meetings held by the Council to discuss the management 
measures implemented by this final rule provided adequate prior notice 
and opportunity for public comment, further notice and opportunity to 
comment on this final rule is unnecessary. Comments were received from 
members of the public and are responded to in the preamble of this 
final rule. Also, because the technical amendments to this final rule 
merely remove outdated regulatory text and add cross-references to the 
gear stowage requirements that were revised by the Regional 
Administrator due to safety concerns expressed by industry, they do not 
effect a substantive change to the existing regulations; thus, prior 
notice and opportunity for public comment are

[[Page 37910]]

unnecessary. Therefore, the AA, under 5 U.S.C. 553(b)(B), finds good 
cause exists to waive prior notice and additional opportunity for 
public comment.
    It is unnecessary and contrary to the public interest to delay for 
30 days the effective date provisions for a possession limit of up to 
10,000 lb (4,356.0 kg) of scallop meats per trip; the maximum number of 
trips for each area; an automatic minimum deduction of 10 DAS for each 
trip; a minimum mesh twine-top of 10 inches; a yellowtail flounder TAC 
of 757 metric tons (MT) for CA I and CA II combined and 50 MT for the 
NLCA; and an increase in the regulated species possession limit from 
300 lb (136.1 kg) to 1,000 lb (435.6 kg) per trip among other measures. 
On March 3, 1999, NMFS implemented Amendment 7 to the Atlantic Sea 
Scallop FMP (64 FR 14835). This amendment, which addressed the new 
Sustainable Fisheries Act requirements, substantially reduced the level 
of fishing for scallops through the year 2008 by revising the current 
fishing effort reduction schedule. Although a less severe reduction was 
implemented in Framework Adjustment 12 to the Atlantic Sea Scallop FMP 
(65 FR 11478, March 3, 2000) for fishing year 2000, failure to allow 
scallop vessels access to Closed Area II on June 15, when finfish 
bycatch concerns would be mitigated to the largest extent possible, 
will increase costs to scallop vessels fishing in currently open areas 
where scallop biomass is low and where the stock is dominated by small 
scallops. Furthermore, an earlier opening date will allow more time for 
smaller vessels to fish their allotted trips during good weather. For 
these reasons, the AA finds, under 5 U.S.C. 553(d)(3), good cause not 
to delay for 30 days the effective date of these provisions.
    Because the revised Sea Scallop Exemption Program limits in 
Sec. 648.58 and related prohibitions in Sec. 648.14(a)(38), (a)(40), 
(a)(90) and (h)(27), and the revisions to Secs. 648.17(c), 
648.51(b)(2)(i) and (b)(2)(ii), 648.52(c), and (b)(9)(i)(E), 
648.81(a)(1), (b)(1), (c)(1), 648.86(a)(2)(iii), and 648.88(c) relieve 
restrictions, under 5 U.S.C. 553(d)(1) they are not subject to a 30-day 
delay in effectiveness.
    Implementation of the ``end of the year DAS carry-over'' provision 
for vessels participating in the limited access scallop fishery 
contained in Sec. 648.53(d) clarifies the intent of previously issued 
regulations to make the DAS carry-over provision for the scallop 
fishery consistent with those provisions contained in the Northeast 
multispecies and monkfish regulations. This classification does not 
effect a substantive change in the management of the fishery; 
therefore, prior notice and opportunity for comment and delay in the 
effectiveness of Sec. 648.53(d) are not required under 5 U.S.C. 553.
    In addition, the implementation of the revised stowage provisions 
for dredge gear vessels will allow scallop dredge gear to be stowed in 
a safer manner while not compromising enforcement. These provisions are 
contained in Sec. 648.23(b) and (b)(1) through (b)(4) and related 
provisions containing cross references to the stowage provisions 
contained in Secs. 648.57 introductory paragraphs (a) and (b), 
648.80(a)(2)(iii), (b)(2)(iii), (b)(6)(i)(C), and (b)(9)(i)(E), 
648.81(d) and the removal of paragraph (e), 648.82(k)(1)(iv)(A), 
648.86(b)(3), (b)(4), (d)(1)(i), (d)(1)(ii), and (d)(1)(iii), 648.87 
introductory text to paragraphs (a) and (b), 648.89(a), 
648.91(c)(2)(ii), and 648.94(e). Because this revised stowage 
provisions relieve restrictions and will remain in place beyond the 
closure of the Sea Scallop Exemption Program, under section 553(d)(1) 
they are not subject to a 30-day delay in effectiveness.
    Because a general notice of proposed rulemaking is not required 
under 5 U.S.C. 533, or any other law, the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. 
While a regulatory flexibility analysis is not required and none has 
been prepared, the economic impacts on affected fishers and 
alternatives to mitigate such impacts were considered by the Council 
and NMFS. The primary intent of this action is to allow scallop vessels 
an opportunity to remain economically viable, while ensuring that the 
fishing mortality for the entire sea scallop stock does not exceed the 
F target of 0.34 in the FMP for fishing year 2000. A copy of the 
analysis for Frameworks 13/34 may be obtained from the Council (see 
ADDRESSES).
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act unless that collection of information 
displays a currently valid Office of Management and Budget (OMB) 
control number.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act. These requirements have been 
approved by OMB. The OMB Control numbers and estimated response times 
are as follow:
    1. Reporting of intention to fish in the Exemption Program through 
the VMS e-mail messaging system (Sec. 648.58(c)(3)(i)) approved under 
0648-0416 at 2 minutes/response.
    2. Notice requirements for observer deployment 
(Sec. 648.58(c)(3)(ii)) approved under 0648-0416 at 2 minutes/response.
    3. Daily reporting of sea scallops kept and Fishing Vessel Trip 
Report page number and, for observed trips, sea scallops kept, Fishing 
Vessel Trip Report page number and yellowtail flounder caught on 
observed tows, through the VMS e-mail messaging system for vessels 
fishing in the Scallop Exemption Program (Sec. 648.58(c)(10)) approved 
under 0648-0416 at 10 minutes/response.
    4. VMS polling frequency (Sec. 648.58(h)) approved under 0648-0307 
and 0648-0416 at 30 seconds/response.
    5. Installation of a VMS unit on board the vessel (Sec. 648.10(b)) 
approved under 0648-0307 and 0648-0416 at 1 hour/response.
    6. Declaration into the Exemption Program through the VMS prior to 
leaving the dock (Sec. 648.58(c)(3)(iii)) approved under 0648-0202 at 2 
minutes/response.
    7. Transit notifications (Sec. 648.86(b)(3)) approved under 0648-
0202 at 1 minute/response.
    The estimated response time includes the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these burden 
estimates or any other aspect of the data requirements, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 14, 2000.
Andrew A. Rosenberg,
Deputy Assistant Assistant Administrator for Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 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. 648.14, paragraphs (a)(38), (a)(40), (a)(90) and (h)(27) 
are revised to read as follows:

[[Page 37911]]

Sec. 648.14  Prohibitions.

    (a) * * *
    (38) Enter or be in the area described in Sec. 648.81(a)(1) on a 
fishing vessel, except as provided by Sec. 648.58, during the time and 
in the portion of Closed Area I specified in Sec. 648.58, or 
Sec. 648.81(a)(2) and (d).
* * * * *
    (40) Enter or be in the area described in Sec. 648.81(c)(1) on a 
fishing vessel, except as provided by Sec. 648.58, during the time and 
in the portion of the Nantucket Lightship Closed Area specified in 
Sec. 648.58, or Sec. 648.81(c)(2) and (d).
* * * * *
    (90) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec. 648.23(b), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)), in the areas and for the times 
specified in Sec. 648.87(a) and (b), except as provided in 
Secs. 648.81(g)(2)(ii) and 648.87(a) and (b), or unless otherwise 
authorized in writing by the Regional Administrator.
* * * * *
    (h) * * *
    (27) Enter or be in the areas described in Sec. 648.58(b)(1), 
(b)(2), or (b)(3) when fishing under the Sea Scallop Exemption Program 
specified in Sec. 648.58, with a net, net material, or any other 
material on the top half of the dredge with mesh size smaller than that 
specified in Sec. 648.58(c)(7).
* * * * *

    3. In Sec. 648.17, paragraph (c) is revised to read as follows:


Sec. 648.17  Exemptions for vessels fishing in the NAFO Regulatory Area 
for Multispecies vessels.

* * * * *
    (c) When transiting the EEZ, all gear is properly stowed in 
accordance with one of the applicable methods specified in 
Sec. 648.23(b); and
* * * * *
    4. In Sec. 648.23, paragraph (b) introductory text, and paragraphs 
(b) (1) through (b) (4) are revised to read as follows:


Sec. 648.23  Gear restrictions.

* * * * *
    (b) Definition of ``not available for immediate use.'' Gear that is 
shown not to have been in recent use and that is stowed in conformance 
with one of the following methods is considered to be not available for 
immediate use:
    (1) Nets. (i) Below deck stowage. (A) It is stored below the main 
working deck from which it is deployed and retrieved;
    (B) The towing wires, including the leg wires, are detached from 
the net; and
    (C) It is fan-folded (flaked) and bound around its circumference.
    (ii) On-deck stowage. (A) It is fan-folded (flaked) and bound 
around its circumference;
    (B) It is securely fastened to the deck or rail of the vessel; and
    (C) The towing wires, including the leg wires, are detached from 
the net.
    (iii) On-reel stowage. (A) It is on a reel, its entire surface is 
covered with canvas or other similar material, and the canvas or other 
material is securely bound;
    (B) The towing wires are detached from the net; and
    (C) The codend is removed and stored below deck.
    (iv) On-reel stowage for vessels transiting the Gulf of Maine 
Rolling Closure Areas, the Georges Bank Seasonal Area Closure, and the 
Conditional Gulf of Maine Rolling Closure Area. (A) The net is on a 
reel, its entire surface is covered with canvas or other similar 
material, and the canvas or other material is securely bound;
    (B) The towing wires are detached from the doors; and
    (C) No containment rope, codend tripping device, or other mechanism 
to close off the codend is attached to the codend.
    (2) Scallop dredges. The towing wire is detached from the scallop 
dredge, the towing wire is completely reeled up onto the winch, the 
dredge is secured and the dredge or the winch is covered so that it is 
rendered unusable for fishing.
    (3) Hook gear (other than pelagic). All anchors and buoys are 
secured and all hook gear, including jigging machines, is covered.
    (4) Sink gillnet gear. All nets are covered with canvas or other 
similar material and lashed or otherwise securely fastened to the deck 
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, 
high flyers, and anchors are disconnected.
* * * * *

    5. In Sec. 648.51, paragraphs (b)(2)(i) and (b)(2)(ii) are revised 
to read as follows:


Sec. 648.51  Gear and crew restrictions.

* * * * *
    (b) * * *
    (2) * * * (i) For vessels not fishing under the scallop DAS 
program, the mesh size of a net, net material, or any other material on 
the top of a scallop dredge in use by or in possession of such vessels 
shall not be smaller than 5.5 inches (13.97 cm) square or diamond mesh.
    (ii) Unless otherwise restricted under Sec. 648.58, the mesh size 
of a net, net material, or any other material on the top of a scallop 
dredge possessed or used by vessels fishing under a scallop DAS shall 
not be smaller than 8-inch (20.32-cm) square or diamond mesh.
* * * * *

    6. In Sec. 648.52, paragraph (c) is revised to read as follows:


Sec. 648.52  Possession limits.

* * * * *
    (c) Owners or operators of vessels with a limited access scallop 
permit that have declared into the Sea Scallop Exemption Program as 
described in Sec. 648.58 are prohibited from possessing or landing per 
trip more than the sea scallop possession limit specified in 
Sec. 648.58(c)(6).

    7. In Sec. 648.53, paragraph (d) is revised to read as follows:


Sec. 648.53  DAS allocations.

* * * * *
    (d) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of February of any 
year may carry over a maximum of 10 DAS into the next year. DAS 
sanctioned vessels will be credited with unused DAS based on their DAS 
allocation minus total DAS sanctioned.
* * * * *

    8. In Sec. 648.57, introductory paragraphs (a) and (b) are revised 
to read as follows:


Sec. 648.57  Closed areas.

    (a) Hudson Canyon South Closed Area. Through March 1, 2001, no 
vessel may fish for, possess, or retain sea scallops from the area 
known as the Hudson Canyon South Closed Area or possess sea scallops in 
this closed area or transit this closed area unless all scallop dredge 
gear on board is properly stowed and not available for immediate use in 
accordance with the provisions of Sec. 648.23(b). Vessels fishing in 
this closed area for species other than scallops must stow scallop 
dredge gear in accordance with the provisions of Sec. 648.23(b). The 
Hudson Canyon South Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request) is defined 
by straight lines connecting the following points in the order stated: 
* * *
    (b) Virginia Beach Closed Area. Through March 1, 2001, no vessel 
may

[[Page 37912]]

fish for, possess, or retain sea scallops from the area known as the 
Virginia Beach Closed Area or possess sea scallops in this closed area 
or transit this closed area unless all scallop dredge gear on board is 
properly stowed and not available for immediate use in accordance with 
the provisions of Sec. 648.23(b). Vessels fishing in this closed area 
for species other than scallops must stow scallop dredge gear in 
accordance with the provisions of Sec. 648.23(b). The Virginia Beach 
Closed Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request) is defined by straight lines 
connecting the following points in the order stated: * * *
* * * * *

    9. Effective June 14, 2000, Sec. 648.58(c)(3)(i) and (ii) are 
revised to read as follows:


Sec. 648.58  Sea Scallop Exemption Program.

* * * * *
    (c) * * *
    (3) Declaration. (i) The vessel must submit a report through the 
VMS e-mail messaging system at least 15 days prior to the opening of 
each Sea Scallop Exemption Area season, as specified in paragraphs 
(b)(1) through (b)(3) of this section, of its intention to fish in the 
respective Exemption Areas, along with the following information: 
Vessel name and permit number, owner and operator's name, owner and 
operator's phone numbers, and number of trips anticipated for the Sea 
Scallop Exemption Area in question.
    (ii) In addition to the requirements described in paragraph 
(c)(3)(i) of this section, and for the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS, as to the 
time and port of departure at least 5 working days prior to the 
beginning of any trip on which it declares into the Sea Scallop 
Exemption Program.
* * * * *

    10. Effective June 15, 2000, Sec. 648.58 is revised to read as 
follows:


Sec. 648.58  Sea Scallop Exemption Program.

    (a) Eligibility. All scallop vessels issued a limited access 
scallop permit may fish in the Sea Scallop Exemption Areas, as 
described in paragraphs (b)(1) through (b)(3) of this section, for the 
times specified in paragraphs (b)(1) through (b)(3) of this section, 
when fishing under a scallop DAS, provided the vessel complies with the 
requirements of this section. Copies of a chart depicting these areas 
are available from the Regional Administrator upon request.
    (b) Sea Scallop Exemption Areas--(1) Closed Area II Sea Scallop 
Exemption Area. During June 15, 2000, through August 14, 2000, eligible 
vessels may fish in the Closed Area II Sea Scallop Exemption Area, 
which is the area defined by straight lines connecting the following 
points in the order stated:

                                    Closed Area II Sea Scallop Exemption Area
----------------------------------------------------------------------------------------------------------------
                       Point                           N. Lat.                       W. Long.
----------------------------------------------------------------------------------------------------------------
CII1                                                 41 deg.00'                                      67 deg.20'
CII2                                                 41 deg.00'                                    66 deg.35.8'
G5                                                  41 deg.18.6'                          66 deg.24.8'(on U.S./Canada Maritime Boundary)
SC1                                                  41 deg.30'                           66 deg.34.8'(on U.S./Canada Maritime Boundary)
SC2                                                  41 deg.30'                                      67 deg.20'
CII1                                                 41 deg.00'                                      67 deg.20'
----------------------------------------------------------------------------------------------------------------

    (2) The Nantucket Lightship Sea Scallop Exemption Area. During 
August 15, 2000, through September 30, 2000, eligible vessels may fish 
in the Nantucket Lightship Sea Scallop Exemption Area, which is the 
area defined by straight lines connecting the following points in the 
order stated:

                                 Nantucket Lightship Sea Scallop Exemption Area
----------------------------------------------------------------------------------------------------------------
                       Point                           N. Lat.                       W. Long.
----------------------------------------------------------------------------------------------------------------
G10                                                  40 deg.50'                                      69 deg.00'
SC7                                                  40 deg.30'                                      69 deg.00'
SC8                                                  40 deg.30'                                    69 deg.14.5'
SC9                                                  40 deg.50'                                      69 deg.29'
G10                                                  40 deg.50'                                      69 deg.00'
----------------------------------------------------------------------------------------------------------------

    (3) The Closed Area I Sea Scallop Exemption Area. During October 1, 
2000, through December 31, 2000, eligible vessels may fish in the 
Closed Area I Sea Scallop Exemption Area, which is the area defined by 
straight lines connecting the following points in the order stated:

                                    Closed Area I Sea Scallop Exemption Area
----------------------------------------------------------------------------------------------------------------
                       Point                           N. Lat.                       W. Long.
----------------------------------------------------------------------------------------------------------------
SC3                                                 41 deg.04.5'                                    69 deg.1.2'
SC4                                                  41 deg.09'                                      68 deg.30'
CI4                                                  41 deg.30'                                      68 deg.30'
SC5                                                  41 deg.30'                                      68 deg.35'
SC6                                                  41 deg.08'                                     69 deg.4.2'
SC3                                                 41 deg.04.5'                                    69 deg.1.2'
----------------------------------------------------------------------------------------------------------------


[[Page 37913]]

    (c) Requirements. To fish in the Sea Scallop Exemption Areas under 
the Sea Scallop Exemption Program an eligible vessel must comply with 
the following requirements:
    (1) Season. The vessel may only fish in the Sea Scallop Exemption 
Areas under the Sea Scallop Exemption Program during the respective 
times and areas specified in paragraphs (b)(1) through (b)(3) of this 
section, unless otherwise specified by notification in the Federal 
Register.
    (2) VMS. The vessel must have installed on board an operational VMS 
unit that meets the minimum performance criteria specified in 
Sec. 648.9(b) or as modified in Sec. 648.9(a).
    (3) Declaration. (i) The vessel must submit a report through the 
VMS e-mail messaging system at least 15 days prior to the opening of 
each Sea Scallop Exemption Area season, as specified in paragraphs 
(b)(1) through (b)(3) of this section, of its intention to fish in the 
respective Exemption Areas, along with the following information: 
Vessel name and permit number, owner and operator's name, owner and 
operator's phone numbers, and number of trips anticipated for the Sea 
Scallop Exemption Area in question.
    (ii) In addition to the requirements described in paragraph 
(c)(3)(i) of this section, and for the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS, as to the 
time and port of departure at least 5 working days prior to the 
beginning of any trip on which it declares into the Sea Scallop 
Exemption Program.
    (iii) On the day the vessel leaves port to fish under the Sea 
Scallop Exemption Program, the vessel owner or operator must declare 
into the Program through the VMS, in accordance with instructions to be 
provided by the Regional Administrator prior to leaving port.
    (4) Number of trips. (i) Full and part time vessels. Unless 
otherwise specified by notification in the Federal Register, full and 
part time vessels will be restricted to the following number of trips 
depending on the Exemption Area fished:
    (A) When fishing in the Closed Area II Sea Scallop Exemption Area, 
as defined in paragraph (b)(1) of this section, vessels are restricted 
to no more than three trips.
    (B) When fishing in the Nantucket Lightship Sea Scallop Exemption 
Area, as defined in paragraph (b)(2) of this section, vessels are 
restricted to no more than one trip.
    (C) When fishing in the Closed Area I Sea Scallop Exemption Area, 
as defined in paragraph (b)(3) of this section, vessels are restricted 
to no more than two trips.
    (ii) Occasional scallop vessels. Occasional vessels may only fish 
one trip under the Sea Scallop Exemption Program. This trip may be 
conducted in any one of the Sea Scallop Exemption Areas during the 
respective seasons, as described in paragraphs (b)(1) through (b)(3) of 
this section.
    (5) Area fished. A vessel that has declared a trip into the Sea 
Scallop Exemption Program must not fish for, catch, or harvest scallops 
from outside of the specific Sea Scallop Exemption Area fished during 
that trip and must not enter or exit the specific Exemption Area fished 
more than once per trip.
    (6) Possession limits. (i) Unless otherwise authorized by the 
Regional Administrator as specified in paragraph (e) of this section, a 
vessel declared into the Sea Scallop Exemption Program may possess and 
land up to 10,000 lb (4,536.0 kg) of scallop meats per trip, with a 
maximum of 400 lb (181.4 kg) of the possession limit originating from 
50 bu (176.1 L) of in-shell scallops.
    (ii) The vessel may possess and land up to 1,000 lb (453.6 kg) of 
regulated multispecies, unless otherwise restricted under 
Sec. 648.86(a)(2)(i) or (b), or the vessel is carrying a NMFS approved 
sea sampler or observer on board the vessel. A vessel carrying an 
approved sea sampler or observer may possess all regulated multispecies 
caught, provided the regulated multispecies in excess of 1,000 lb 
(453.6 kg) are donated to a bonafide charity. A vessel subject to the 
1,000-lb (453.6-kg) possession limit must separate all regulated 
multispecies onboard from other species of fish so as to be readily 
available for inspection.
    (7) Gear restrictions. The vessel must fish with or possess scallop 
dredge gear only in accordance with the dredge vessel restrictions 
specified under Sec. 648.51(b), except that the mesh size of a net, net 
material, or any other material on the top of a scallop dredge in use 
by or in possession of the vessel shall not be smaller than 10.0 inches 
(25.40 cm) square or diamond mesh.
    (8) Transiting. When transiting to and from the Sea Scallop 
Exemption Areas, all gear on board must be properly stowed and not 
available for immediate use in accordance with the provisions of 
Sec. 648.23(b).
    (9) Off-loading restrictions. The vessel may not off-load its sea 
scallop catch at more than one location.
    (10) Reporting. The owner or operator must submit reports through 
the VMS, in accordance with instructions to be provided by the Regional 
Administrator, for each day fished when declared in the Sea Scallop 
Exemption Program. The reports must be submitted in 24-hour intervals 
no later than 0900 hours of the preceding day, beginning at 0000 hours 
and ending at 2400 hours each day, and include the following 
information:
    (i) Total pounds/kilograms of scallop meats kept; the Fishing 
Vessel Trip Report log page number; and
    (ii) For each trip that the vessel has a NMFS approved observer on 
board, the total pounds/kilograms of scallop meats kept, Fishing Vessel 
Trip Report log page number and total pounds/kilograms of yellowtail 
flounder caught on tows that were observed by a NMFS approved observer.
    (d) Accrual of DAS. A scallop vessel that has declared a fishing 
trip into the Sea Scallop Exemption Program of this section shall have 
a minimum of 10 DAS deducted from its DAS allocation, regardless of 
whether the actual number of DAS used during the trip is less than 10. 
Trips that exceed 10 DAS will be counted as actual time.
    (e) Adjustments to possession limits and number of trips--(1) 
Adjustment process for sea scallop possession limit and number of trips 
for Closed Area I and the Nantucket Lightship Closed Area. If the 
scallop and yellowtail flounder catch in the Nantucket Lightship and/or 
the Closed Area I Sea Scallop Exemption Areas is less than the scallop 
TAC and yellowtail flounder TAC specified under paragraphs (f)(1) and 
(f)(2) of this section, the Regional Administrator may adjust the sea 
scallop possession limit, and/or allocate one or more additional trips 
for full and part-time limited access sea scallop vessels for the 
Nantucket Lightship and/or the Closed Area I Sea Scallop Exemption 
Areas during the month of January 2001. This adjustment may be made if 
the Regional Administrator determines that such adjustment will likely 
allow the scallop TAC to be reached without exceeding it. Notification 
of this adjustment to the possession limit and/or trip limit will be 
provided to the vessel through a permit holder letter issued by the 
Regional Administrator. Occasional permitted vessels would not be 
allocated an additional trip.
    (2) Increase of possession limit to defray costs of observers--(i) 
Defraying the costs of observers. The Regional Administrator may 
increase the sea scallop possession limit specified under paragraph 
(c)(6) of this section for a vessel, subject to the limit on the 
cumulative amount of sea scallops allocated to defray costs of 
observers by areas as specified in paragraph (e)(2)(ii)(A) of this 
section, that has

[[Page 37914]]

declared a fishing trip into the Sea Scallop Exemption Program if a 
NMFS approved observer is on board the vessel. Notification of this 
increase of the possession limit will be provided to the vessel through 
a Letter of Authorization issued by the Regional Administrator. The 
amount of the possession limit increase will be determined by the 
Regional Administrator and the vessel owner will be responsible for 
paying the cost of the observer, regardless of whether the vessel lands 
or sells sea scallops on that trip.
    (ii) Observer set-aside limits on increases of possession limits by 
area. (A) The cumulative amount of scallops authorized under this part 
to be taken by vessels in excess of the possession limits specified 
under paragraph (c)(6) of this section to defray the cost of an 
observer shall not exceed the following for each sea scallop exemption 
area:
    (1) Closed area II--60 mt
    (2) Nantucket Lightship--50 mt
    (3) Closed area I--64 mt.
    (B) [Reserved]
    (iii) Notification of observer set aside limit. NMFS shall publish 
notification in the Federal Register of the date that the Regional 
Administrator projects that the observer set aside limit will be 
caught.
    (3) Adjustments to possession limits and/or number of trips to 
defray the costs of sea scallop research--(i) Defraying the costs of 
sea scallop research. The Regional Administrator may increase the sea 
scallop possession limit specified in paragraph (c)(6) of this section 
or allow additional trips into a Sea Scallop Exemption Area, subject to 
the limits on the cumulative amount of sea scallops and yellowtail 
flounder allocated to defray costs for sea scallop research as 
specified in paragraph (e)(3)(ii) of this section.
    (ii) Sea scallop research set-aside limits on adjustments to 
possession limits and number of trips by area. (A) Sea scallop set 
aside for sea scallop research. The cumulative amount of scallops 
authorized under this part to be taken by vessels in excess of the 
possession limits specified under (c)(6) for purposes of defraying the 
cost of sea scallop research shall not exceed the following for each 
sea scallop exemption area:
    (1) Closed area II--30 mt
    (2) Nantucket Lightship--25 mt
    (3) Closed area I--32 mt.
    (B) Yellowtail flounder research set aside. The cumulative amount 
of yellowtail flounder catch authorized under this part to be taken by 
vessels in excess of the possession limits specified in (c)(6) for 
purposes of defraying the cost of sea scallop research shall not exceed 
the following for each sea scallop exemption area:
    (1) Closed areas I and II--7.25 mt
    (2) Nantucket Lightship--0.5 mt.
    (C) NMFS shall publish notification in the Federal Register of the 
date that the Regional Administrator projects that these set aside 
limits will be caught.
    (iii) Adjustment procedure. (A) Determinations as to which vessel 
may be authorized to take more than the trip limits specified at 
(e)(3)(i) of this section or to take additional trips for the purposes 
of defraying sea scallop research costs shall be made by NMFS, in 
cooperation with the Council. At a minimum applicants shall submit a 
scallop proposal under this program and a project summary that 
includes: the project goals and objectives, relationship of sea scallop 
research to management needs or priorities identified by the Council, 
project design, participants other than applicant, funding needs, 
breakdown of costs, and vessel(s) identified to be authorized as 
specified under paragraph (e)(3)(iii)(B) of this section.
    (B) NOAA will make the final determination as to what proposals are 
approved and which vessels are authorized to take scallops in excess of 
possession limits or additional trips. Authorization to increase 
possession limits and/or number of trips will be provided to the vessel 
by Letter of Authorization issued by the Regional Administrator.
    (iv) Project Report Procedure. Upon completion of its sea scallop 
research, the researcher of approved projects must provide the Council 
with a report of its findings, which includes:
    (A) A detailed description of methods of data collection and 
analyses;
    (B) A discussion of results and any relevant conclusions presented 
in a format that is understandable to a non-technical audience; and
    (C) A detailed final accounting of all funds used to conduct the 
sea scallop research.
    (f) Termination of the Sea Scallop Exemption Area Fisheries--(1) 
Termination of sea scallop exemption area fisheries when the scallop 
TAC is exceeded--(i) Closed Area II Sea Scallop Exemption Area. NMFS 
shall terminate the Closed Area II Sea Scallop Exemption Area fishery 
as of the date the Regional Administrator projects that 2,934 mt of 
Closed Area II sea scallops will be caught by vessels fishing in the 
Sea Scallop Exemption Program described in this section. NMFS shall 
publish notification of the termination in the Federal Register.
    (ii) Nantucket Lightship Sea Scallop Exemption Area. NMFS shall 
terminate the Nantucket Lightship Sea Scallop Exemption Area fishery as 
of the date the Regional Administrator projects that 2,445 mt of 
Nantucket Lightship sea scallops will be caught by vessels fishing in 
the Sea Scallop Exemption Program described in this section. NMFS shall 
publish notification of the termination in the Federal Register.
    (iii) Closed Area I Sea Scallop Exemption Area. NMFS shall 
terminate the Closed Area I Sea Scallop Exemption Area fishery as of 
the date the Regional Administrator projects that 3,111 mt of Closed 
Area I sea scallops will be caught by vessels fishing in the Sea 
Scallop Exemption Program described in this section. NMFS shall publish 
notification of the termination in the Federal Register.
    (2) Termination of sea scallop exemption area fisheries when the 
yellowtail flounder TAC is exceeded--(i) Closed Area II and Closed Area 
I Sea Scallop Exemption Areas. NMFS shall terminate the Closed Area II 
and Closed Area I Sea Scallop Exemption Area fisheries as of the date 
the Regional Administrator projects that the 717.75 mt of Georges Bank 
yellowtail flounder will be caught by vessels fishing in the Sea 
Scallop Exemption Program described in this section. NMFS shall publish 
notification of the termination in the Federal Register.
    (ii) Nantucket Lightship Sea Scallop Exemption Area. NMFS shall 
terminate the Nantucket Lightship Sea Scallop Exemption Area fishery as 
of the date the Regional Administrator projects that the 49.5 mt of 
Southern New England yellowtail flounder will be caught by vessels 
fishing in the Sea Scallop Exemption Program described in this section. 
NMFS shall publish notification of the termination in the Federal 
Register.
    (g) Transiting. (1) Closed Area II. Limited access sea scallop 
vessels may not enter, fish, or be in the area known as the Closed Area 
II Sea Scallop Exemption Area described in paragraph (b)(1) of this 
section unless the operator has determined that there is a compelling 
safety reason and the vessel's fishing gear is stowed in accordance 
with the requirements of Sec. 648.23(b).
    (2) The Nantucket Lightship Closed Area and Closed Area I. Limited 
access sea scallop vessels fishing under a scallop DAS that have not 
declared a trip into the Sea Scallop Exemption Program may not enter, 
fish, or be in the areas known as the Nantucket Lightship and Closed 
Area I Sea Scallop Exemption Areas described in

[[Page 37915]]

paragraphs (b)(2) and (b)(3), respectively, of this section, unless the 
vessel's fishing gear is stowed in accordance with the requirements of 
Sec. 648.23(b).
    (h) VMS Polling. For the duration of the Sea Scallop Exemption 
Program, as described under this section, all sea scallop limited 
access vessels equipped with a VMS unit will be polled twice per hour, 
regardless of whether the vessel is enrolled in the Sea Scallop 
Exemption Program.

    11. In Sec. 648.80, paragraphs (a)(2)(iii), (b)(2)(iii), 
(b)(6)(i)(C) and (b)(9)(i)(E) are revised to read as follows:


Sec. 648.80  Multispecies Regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *
    (a) * * *
    (2) * * *
    (iii) Other restrictions and exemptions. Vessels are prohibited 
from fishing in the GOM/GB Regulated Mesh Area except if fishing with 
exempted gear (as defined under this part) or under the exemptions 
specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (a)(13), 
(d), (e), (h), and (i) of this section, if fishing under a NE 
multispecies DAS, if fishing under the small vessel exemption specified 
in Sec. 648.82((b)(3), if fishing under the scallop state waters 
exemptions specified in Sec. 648.54 and (a)(10) of this section, if 
fishing under a scallop DAS in accordance with paragraph (h), or if 
fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit. 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).
* * * * *
    (b) * * *
    (2) * * *
    (iii) Other restrictions and exemptions. Vessels are prohibited 
from fishing in the SNE Regulated Mesh Area except if fishing with 
exempted gear (as defined under this part) or under the exemptions 
specified in paragraphs (b)(3), (b)(5) through (9), (c), (e), (h), and 
(i) of this section, if fishing under a NE multispecies DAS, if fishing 
under the small vessel exemption specified in Sec. 648.82(b)(3), if 
fishing under a scallop state waters exemption specified in 
Sec. 648.54, if fishing under a scallop DAS in accordance with 
paragraph (h), or if fishing pursuant to a NE multispecies open access 
Charter/Party or Handgear permit. 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).
* * * * *
    (6) * * *
    (i) * * *
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(6)(i)(B) of this section must be stowed as 
specified in Sec. 648.23(b).
* * * * *
    (9) * * *
    (i) * * *
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(9)(i)(D) of this section must be stowed in 
accordance with one of the methods described under Sec. 648.23(b) while 
fishing under this exemption.
* * * * *

    12. In Sec. 648.81, the section heading, introductory paragraphs 
(a)(1), (b)(1), and (c)(1) and paragraph (d) are revised and paragraph 
(e) is removed and reserved as follows:


Sec. 648.81  Closed areas.

    (a) Closed Area I. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area I 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting 
the following points in the order stated, except as specified in 
paragraphs (a)(2) and (d) of this section, or unless exempt under the 
Sea Scallop Exemption Program specified under Sec. 648.58 during the 
time and in the portion of Closed Area I described in 
Sec. 648.58(b)(3):
* * * * *
    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting 
the following points in the order stated, except as specified in 
paragraph (b)(2) of this section, or unless exempt under the Sea 
Scallop Exemption Program specified under Sec. 648.58 during the time 
and in the portion of Closed Area II described in Sec. 648.58(b)(1):
* * * * *
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or 
person on a fishing vessel may enter, fish, or be in the area known as 
the Nantucket Lightship Closed Area (copies of a chart depicting this 
area are available from the Regional Administrator upon request), as 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraphs (c)(2) and (d) of this 
section, or unless exempt under the Sea Scallop Exemption Program 
specified under Sec. 648.58 during the time and in the portion of the 
Nantucket Lightship Closed Area described in Sec. 648.58(b)(2):
* * * * *
    (d) Transiting. A vessel may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge 
Closure Area, the Western GOM Closure Area, the Georges Bank Seasonal 
Area Closure and the Conditional Cashes Ledge and Gulf of Maine Rolling 
Closure Areas (if applicable), as defined in paragraphs (a)(1), (c)(1), 
(f)(1), (g)(1), (h)(1), (i)(1), (n)(1) and (o)(1), respectively, of 
this section, provided that its gear is stowed in accordance with the 
provisions of Sec. 648.23(b).
* * * * *

    13. In Sec. 648.82, paragraph (k)(1)(iv)(A) is revised to read as 
follows:


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

* * * * *
    (k) * * *
    (1) * * *
    (iv) * * *
    (A) During each fishing year, vessels must declare, and take, a 
total of 120 days out of the non-exempt gillnet fishery. Each period of 
time declared and taken must be a minimum of 7 consecutive days. At 
least 21 days of this time must be taken between June 1 and September 
30 of each fishing year. The spawning season time out period required 
by Sec. 648.82(g) will be credited toward the 120 days time out of the 
non-exempt gillnet fishery. If a vessel owner has not declared and 
taken, any or all of the remaining periods of time required by the last 
possible date to meet these requirements, the vessel is prohibited from 
fishing for, possessing, or landing regulated multispecies or non-
exempt species harvested with gillnet gear, and from having gillnet 
gear on board the vessel that is not stowed in accordance with 
Sec. 648.23(b), while fishing under a multispecies DAS, from that date 
through the end of the period between June 1 and September 30, or 
through the end of the fishing year, as applicable.
* * * * *

    14. In Sec. 648.86, paragraphs (a)(2)(iii), (b)(3), (b)(4), 
(d)(1)(i), (d)(1)(ii) and (d)(1)(iii) are revised to read as follows:


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    (a) * * *
    (2) * * *
    (iii) Except for vessels fishing under the Sea Scallop Exemption 
Program,

[[Page 37916]]

from July 1 through December 31, 2000, as provided in 
Sec. 648.58(c)(6)(ii), or 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, provided 
that the vessel has at least one standard tote on board. This 
restriction does not apply to vessels issued NE multispecies 
Combination Vessel 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) * * *
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraph (b)(1) of this section, and is, therefore, 
subject to the requirement to remain in port for the period of time 
described in paragraph (b)(1)(ii)(A) of this section may transit to 
another port during this time, provided that the vessel operator 
notifies the Regional Administrator (see Table 1 to Sec. 600.502 of 
this chapter) either at the time the vessel reports its hailed weight 
of cod or at a later time prior to transiting and provides the 
following information: vessel name and permit number, destination port, 
time of departure, and estimated time of arrival. A vessel transiting 
under this provision must stow its gear in accordance with one of the 
methods specified in Sec. 648.23(b) and may not have any fish on board 
the vessel.
    (4) Exemption. A 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 a line beginning at the Cape Cod, MA 
coastline at 42 deg.00' N. lat. and running eastward along 42 deg.00' 
N. lat. until it intersects with 69 deg.30' W. long., then northward 
along 69 deg.30' W. long. until it intersects with 42 deg.20' N. lat., 
then eastward along 42 deg.20' N. lat. until it intersects with 
67 deg.20' W. long., then northward along 67 deg.20' W. long. until it 
intersects with the U.S.-Canada maritime boundary, provided that it 
does not fish north of this exemption area for a minimum of 30 
consecutive days (when fishing under the multispecies DAS program), and 
has on board an authorization letter issued by the Regional 
Administrator. Vessels exempt from the landing limit requirement may 
transit the GOM/GB Regulated Mesh Area north of this exemption area, 
provided that their gear is stowed in accordance with one of the 
provisions of Sec. 648.23(b).
* * * * *
    (d) * * *
    (1) * * *
    (i) Vessels using mesh size smaller than 2.5 in (6.35 cm) and 
vessels without a letter of authorization. Owners or operators of 
vessels fishing for, in possession of, or landing small-mesh 
multispecies with, or having on board except as provided herein, nets 
of mesh size smaller than 2.5 in (6.35 cm) (as applied to the part of 
the net specified at (d)(1)(iv) of this section), and, vessels that 
have not been issued a letter of authorization pursuant to paragraph 
(d)(1)(ii) or (d)(1)(iii) of this section may possess on board and land 
up to only 3,500 lb (1,588 kg) of combined silver hake and offshore 
hake. This possession limit on small-mesh multispecies does not apply 
if all nets with mesh size smaller than 2.5 in (6.35 cm) have not been 
used to catch fish for the entire fishing trip and the nets have been 
properly stowed pursuant to Sec. 648.23(b), and the vessel is fishing 
with a mesh size and a letter of authorization as specified in 
paragraphs (d)(1)(ii), (d)(1)(iii) and (d)(2) of this section. Silver 
hake and offshore hake 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. The vessel is subject to 
applicable restrictions on gear, area, and time of fishing specified in 
Sec. 648.80 and any other applicable provision of this part.
    (ii) Vessels authorized to use nets of mesh size 2.5 in (6.35 cm) 
or greater. Except as provided in paragraph (d)(3) of this section, 
owners and operators of vessels issued a valid letter of authorization 
pursuant to paragraph (d)(2) of this section authorizing the use of 
nets of mesh size 2.5 in (6.35 cm) or greater, may fish for, possess, 
and land small-mesh multispecies up to only 7,500 lb (3,402 kg) 
combined silver hake and offshore hake when fishing with nets of a 
minimum mesh size of 2.5 in (6.35 cm) (as applied to the part of the 
net specified in (d)(1)(iv) of this section), provided that any nets of 
mesh size smaller than 2.5 in (6.35 cm) have not been used to catch 
such fish and are properly stowed pursuant to Sec. 648.23(b) for the 
entire trip. Silver hake and offshore hake 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. The vessel is 
subject to applicable restrictions on gear, area, and time of fishing 
specified in Sec. 648.80 and any other applicable provision of this 
part.
    (iii) Vessels authorized to use nets of mesh size 3 in (7.62 cm) or 
greater. Except as provided in paragraph (d)(3) of this section, owners 
and operators of vessels issued a valid letter of authorization 
pursuant to paragraph (d)(2) of this section authorizing the use of 
nets of mesh size 3 in (7.62 cm) or greater, may fish for, possess, and 
land small-mesh multispecies up to only 30,000 lb (13,608 kg) combined 
silver hake and offshore hake when fishing with nets of a minimum mesh 
size of 3 in (7.62 cm) (as applied to the part of the net specified in 
(d)(1)(iv) of this section), provided that any nets of mesh size 
smaller than 3 in (7.62 cm) have not been used to catch such fish and 
are properly stowed pursuant to Sec. 648.23(b) for the entire trip. 
Silver hake and offshore hake 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. The vessel is 
subject to applicable restrictions on gear, area, and time of fishing 
specified in Sec. 648.80 and any other applicable provision of this 
part.
* * * * *

    15. In Sec. 648.87, introductory text to paragraphs (a) and (b) are 
revised to read as follows:


Sec. 648.87  Gillnet requirements to reduce or prevent marine mammal 
takes.

    (a) Areas closed to gillnet gear capable of catching multispecies 
to reduce harbor porpoise takes. All persons owning or operating 
vessels in the EEZ portion of the areas and times specified in 
paragraphs (a)(1), through (a)(4) of this section must remove all of 
their sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)), and may not use, set, haul back, 
fish with, or possess on board, unless stowed in accordance with the 
requirements of Sec. 648.23(b), sink gillnet gear or other gillnet gear 
capable of catching multispecies, with the exception of single pelagic 
gillnet gear (as described in Sec. 648.81(g)(2)(ii)) in the EEZ portion 
of the areas and for the times specified in paragraphs (a)(1) through 
(a)(4) of this section. Also, all persons owning or operating vessels 
issued a limited access multispecies permit must remove all of their 
sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)), from the areas and for the times 
specified in paragraphs (a)(1) through (a)(4) of this

[[Page 37917]]

section, and may not use, set, haul back, fish with, or possess on 
board, unless stowed in accordance with the requirements of 
Sec. 648.23(b), sink gillnets or other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)) in the areas and for the times 
specified in paragraphs (a)(1) through (a)(4) of this section.
* * * * *
    (b) Areas closed to gillnet gear capable of catching multispecies 
to prevent right whale takes. All persons owning or operating vessels 
must remove all of their sink gillnet gear and gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(g)(2)(ii)), from the EEZ portion of the 
areas and for the times specified in paragraphs (b)(1) and (2) of this 
section, and may not use, set, haul back, fish with, or possess on 
board, unless stowed in accordance with the requirements of 
Sec. 648.23(b), sink gillnet gear or gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnet gear (as 
described in Sec. 648.81(g)(2)(ii)) in the EEZ portion of the areas and 
for the times specified in paragraphs (b)(1) and (2) of this section. 
Also, all persons owning or operating vessels issued a limited access 
multispecies permit must remove all of their sink gillnet gear and 
other gillnet gear capable of catching multispecies, with the exception 
of single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)), 
from the areas and for the times specified in paragraphs (b)(1) and (2) 
of this section, and, may not use, set, haul back, fish with, or 
possess on board, unless stowed in accordance with the requirements of 
Sec. 648.23(b), sink gillnet gear or other gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(g)(2)(ii)) in the areas and for the times 
specified in paragraphs (b)(1) and (2) of this section.
* * * * *

    16. In Sec. 648.88, paragraph (c) is revised to read as follows:


Sec. 648.88  Multispecies open access permit restrictions.

* * * * *
    (c) Scallop multispecies possession limit permit. Except as 
provided in Sec. 648.58(c)(6)(ii) for vessels fishing under the Sea 
Scallop Exemption Program, a vessel that has been issued a valid open 
access scallop multispecies possession limit permit may possess and 
land up to 300 lb (136.1 kg) of regulated species when fishing under a 
scallop DAS allocated under Sec. 648.53, provided the vessel does not 
fish for, possess, or land haddock from January 1 through June 30 as 
specified under Sec. 648.86(a)(2)(i), and provided the vessel has at 
least one standard tote on board.
* * * * *

    17. In Sec. 648.89, paragraph (a) is revised to read as follows:


Sec. 648.89  Recreational and charter/party restrictions.

    (a) Recreational gear restrictions. Persons aboard charter or party 
vessels permitted under this part and not fishing under the DAS 
program, and recreational fishing vessels in the EEZ, are prohibited 
from fishing with more than two hooks per line and one line per angler 
and must stow all other fishing gear on board the vessel as specified 
under Sec. 648.23(b).
* * * * *

    18. In Sec. 648.91, paragraph (c)(2)(ii) is revised to read as 
follows:


Sec. 648.91  Monkfish regulated mesh areas and restrictions on gear and 
methods of fishing.

* * * * *
    (c) * * *
    (2) * * *
    (ii) All other non-conforming gear must be stowed as specified in 
Sec. 648.23(b).
* * * * *

    19. In Sec. 648.94, paragraph (e) is revised to read as follows:


Sec. 648.94  Monkfish possession and landing restrictions.

* * * * *
    (e) Transiting. A vessel that has declared into the NFMA for the 
purpose of fishing for monkfish, or a vessel that is subject to less 
restrictive measures in the NFMA, may transit the SFMA, provided that 
the vessel does not harvest or possess monkfish from the SFMA and that 
the vessel's fishing gear is properly stowed and not available for 
immediate use in accordance with Sec. 648.23(b).
* * * * *
[FR Doc. 00-15360 Filed 6-14-00; 2:17 pm]
BILLING CODE 3510-22-F