[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Proposed Rules]
[Pages 65818-65823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28053]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 001025298-0298-01; I.D. 101000C]
RIN 0648-AO56


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, Black Sea Bass, Atlantic Mackerel, Squid and Butterfish 
Fisheries; Modification of Scup Gear Restricted Areas (GRAs) and 
Exemptions to the GRAs, and Modifications to the Landing Limits in the 
Atlantic Mackerel, Squid, and Butterfish Fisheries

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to modify the GRAs that were 
established in the Mid-Atlantic Bight to reduce scup bycatch in small-
mesh fisheries; exempt Atlantic mackerel fishing from all of the GRA 
restrictions, and Loligo squid fishing from the November 1 - December 
31, 2000, GRA restrictions; modify the procedure and criteria for 
exempting small-mesh fisheries from the

[[Page 65819]]

requirements of the GRAs; and modify the landing limits in the Atlantic 
mackerel, squid and butterfish fisheries. The modification of the GRAs 
is intended to reduce negative economic impacts on the small-mesh 
fishing industry, while still ensuring that scup bycatch in small-mesh 
fisheries is controlled. The modification of the procedure for 
exempting small-mesh fisheries from the requirements of the GRAs is 
intended to address problems with the current method of determining 
exemptions. The modification of the landing limits in the Atlantic 
mackerel, squid and butterfish fisheries is necessary to discourage 
directed fishing after the closure of the directed fisheries.

DATES: Comments on this proposed rule must be received on or before 
November 17, 2000.

ADDRESSES: Written comments on the proposed rule should be sent to 
Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional 
Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope ``Comments on proposed rule to modify scup GRAs.'' 
Comments may also be sent via facsimile (fax) to (978) 281-9371. 
Comments will not be accepted if submitted via e-mail or the Internet. 
Send comments on any ambiguity or unnecessary complexity arising from 
the language used in this proposed rule to the Regional Administrator, 
Northeast Region. Copies of the Regulatory Impact Review (RIR), the 
Initial Regulatory Flexibility Analysis (IRFA) contained within the 
RIR, and the Environmental Assessment (EA) are available from the 
Northeast Regional Office at the above address. The EA/RIR/IRFA is also 
accessible via the Internet at http:/www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, at 978-281-9279.

SUPPLEMENTARY INFORMATION: Background Information
    Scup are managed by the Mid-Atlantic Fishery Management Council 
(Council) under the Summer Flounder, Scup and Black Sea Bass FMP. Scup 
are overfished and overfishing is occurring. The most recent (2000) 
scup stock assessment concluded that fishing mortality should be 
reduced substantially and immediately, and that a reduction in fishing 
mortality from discards would have the most impact on rebuilding the 
stock.
    GRAs were developed by the Council in the specifications for the 
summer flounder, scup, and black sea bass fisheries, submitted for the 
2000 fishing year to reduce mortality from discards in small-mesh 
fisheries. The Council's initial recommendation consisted of a series 
of small, restricted areas that went into place sequentially for 2-week 
periods. Because of concerns regarding the effectiveness of the 
Council's GRAs, the GRAs were revised by NMFS. The final specifications 
(65 FR 33486, May 24, 2000) implemented larger GRAs, which restrict the 
use of small-mesh gear for several months. The GRAs are scheduled to 
become effective November 1, 2000.
    Since publication of the final rule implementing the GRAs, many 
fishing industry members have expressed opposition to the GRAs, 
claiming that the restrictions would create severe economic hardships. 
The Council, at its August 14 to17, 2000, meeting, requested that NMFS 
modify the GRAs because additional analysis of available data indicated 
that the GRAs could be reduced in size without seriously compromising 
conservation benefits to scup. The Council requested that the 
modifications to the GRAs be implemented by November 1, 2000, and carry 
forward into the 2001 fishing year, so that the economic impacts of the 
GRAs could be moderated prior to the effective date of the annual 
specifications. The modified GRAs were analyzed by Council staff and 
endorsed by the Council's Scup Monitoring Committee. The Council also 
recommended the modified GRAs for inclusion in the 2001 specifications 
for the summer flounder, scup, and black sea bass fisheries, which will 
be proposed in a separate document in the Federal Register. Copies of a 
chart depicting these areas appears in the EA/RIR/IRFA and are 
available from the Regional Administrator upon request (see ADDRESSES). 
The coordinates of the proposed alternative GRAs are:

       Northern Gear Restricted Area I (November 1 to December 31)
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
NGA 1                                           41 deg. 00'  71 deg. 00'
NGA 2                                           41 deg. 00'  71 deg. 30'
NGA 3                                           40 deg. 00'  72 deg. 40'
NGA 4                                           40 deg. 00'  72 deg. 05'
NGA 5                                           41 deg. 00'  71 deg. 00'
------------------------------------------------------------------------


       Northern Gear Restricted Area II (December 1 to January 31)
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
NGA 6                                           40 deg. 00'  71 deg. 40'
NGA 7                                           40 deg. 00'  72 deg. 10'
NGA 8                                           39 deg. 00'  73 deg. 09'
NGA 9                                           39 deg. 00'  72 deg. 50'
NGA 10                                          40 deg. 00'  71 deg. 40'
------------------------------------------------------------------------


          Southern Gear Restricted Area (January 1 to April 30)
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
SGA 1                                           39 deg. 00'  72 deg. 50'
SGA 2                                           39 deg. 11'  72 deg. 58'
SGA 3                                           38 deg. 00'  74 deg. 05'
SGA 4                                           38 deg. 00'  73 deg. 57'
SGA 5                                           39 deg. 00'  72 deg. 50'
------------------------------------------------------------------------

    In support of the motion to modify the GRAs, the Council provided 
additional analysis to incorporate into the EA/RIR/IRFA. The analysis 
indicated that the proposed GRAs would have a less negative economic 
impact on small-mesh fisheries than the existing GRAs, with a 
relatively modest increase in scup discards. The GRA alternative 
proposed in this proposed rule is estimated to reduce scup discards by 
61 percent, as compared to an estimated 71-percent reduction in 
discards under the existing, or status quo, GRAs. The Council's 
analysis of the proposed modified GRAs indicates that they would reduce 
vessel revenues approximately 45 percent less than the status-quo GRAs.
    As noted in the 31st Stock Assessment Review Committee Report (SARC 
31), there is no precise estimate of scup discards, or of the scup 
fishing mortality rate. Therefore, it is not possible to quantitatively 
determine the effect of a 10 percent increase in scup discards on the 
scup fishing mortality rate. In fact, the estimate of a 10 percent 
difference in scup discards should only be used for a relative 
comparison of the GRAs, and not to indicate an absolute quantitative 
difference. This is because there is high uncertainty regarding annual 
scup discard estimates in the available sea sampling database. The best 
available scientific information (SARC 31) estimated that scup discards 
have approached or exceeded landings during the past decade. Discard 
mortality accounts for approximately 50 percent of overall scup 
mortality. Therefore, a 10 percent increase in scup discards would 
equate roughly to a 5 percent increase in overall mortality. NMFS notes 
that GRAs were established to address discard mortality, while the scup 
TAL remains the primary measure to control scup mortality associated 
with landings.
    Section 648.122(a)(2) and (b)(2) list the small-mesh fisheries that 
are not exempt from the restrictions of the southern and northern GRAs, 
respectively. Vessels fishing for or in possession of all other species 
of fish and shellfish (e.g., Atlantic sea scallops) are exempt from the 
GRA restrictions. The Council voted to exempt the

[[Page 65820]]

Atlantic mackerel small-mesh fishery from the GRAs. This exemption was 
also recommended by the Scup Monitoring Committee. The best available 
scientific information indicates that the GRAs may have only a minimal 
impact in reducing scup discards in the Atlantic mackerel fishery. A 
summary of an analysis of sea sampling (observer) data for directed 
mackerel trips (those trips for which the total catch of all species 
was more than 50 percent mackerel) from 1989 - 2000 conducted by the 
Council indicates that total scup catches in the mackerel fishery for 
this time period are less than 1 percent of the total catch. The 
highest percentage of scup bycatch for any observed directed mackerel 
trip between 1989 and 2000 was 6.3 percent. This proposed rule would 
exempt Atlantic mackerel from the mesh-size requirements in all of the 
GRAs. Exempting the Atlantic mackerel fishery from the proposed GRAs is 
expected to result in an overall increase in annual revenue for that 
fishery of $346,000, as compared to mackerel not being exempt from the 
proposed GRAs.
    This proposed rule would also exempt the Loligo squid fishery from 
the proposed GRAs from November 1 - December 31, 2000. The directed 
Loligo squid fishery will be closed after October 25, 2000. However, 
vessels directing effort on other species, and in possession of an 
open-access squid/butterfish incidental permit, may catch and land up 
to 2,500 lb (1,134 kg) of Loligo after closure of the directed fishery. 
Exempting Loligo from the GRA restrictions would allow vessels to 
possess Loligo caught incidentally. Because any Loligo retained in the 
GRAs would have been caught by vessels directing effort on other 
species already exempted from the GRAs because of low scup bycatch 
rates, the Loligo exemption would not increase scup bycatch. A Loligo 
exemption has been recommended by the Council in the 2001 
specifications for the summer flounder, scup, and black sea bass 
fisheries, and will be considered along with the other recommendations 
of the Council. It is being proposed now in order to be effective prior 
to the implementation date of the 2001 specifications.
    In conjunction with the modification to the GRAs, NMFS is proposing 
to modify the procedures for establishing exemptions to the GRAs. The 
current regulations specify that a fishery may be exempted from the 
GRAs if the Regional Administrator, in consultation with the Council, 
determines that scup caught as bycatch in small-mesh fisheries is less 
than 10 percent, by weight, of the total catch and that such exemption 
will not jeopardize fishing mortality objectives for scup. However, it 
has proven to be very difficult to apply the existing criteria in a 
meaningful way, because of very limited data. Rather than having the 
Regional Administrator make such a determination, this proposed rule 
would require that the Council make such a recommendation to the 
Regional Administrator and provide justification. This would provide 
for greater public participation and supporting rationale for any 
exemption.
    NMFS is also proposing to modify the regulations pertaining to 
landings limits specified for Atlantic mackerel, squid, and butterfish, 
as recommended by the Council at its August 2000 meeting. The directed 
Loligo fishery is a limited access fishery and vessel owners had to 
demonstrate historical participation in the fishery to receive a 
permit. Those owners unable to obtain the limited access fishery permit 
could obtain an open access incidental category permit. The landing 
limits specified for the incidental category were intended to be 
sufficient to allow landings of squid, mackerel, and butterfish 
incidentally caught while targeting other species. However, the 
regulations presently allow multiple landings in a single day. When 
Loligo are available in quantity in nearshore areas, as they were in 
the summer of 2000, some incidental category vessels are able to target 
Loligo and make as many as five landings of their incidental trip limit 
in a day. The Loligo squid directed fishery is closed when any period 
quota is achieved and when 95 percent of the annual quota is attained. 
However, an incidental trip limit of 2,500 lb (1,134 kg) is allowed for 
the remainder of the quota period or the year after closure of the 
directed fishery. It was not intended that the trip limit support a 
multiple trip per day directed fishery. Therefore, NMFS proposes to 
limit the trip limit to possession or landing during one calendar day 
to maintain the character of the incidental category and to prevent 
exceeding the 2000 quota. The Council recommended redefining the 
incidental allowance as a possession limit, rather than a landing 
limit, to enhance at-sea enforcement.

Classification

    NMFS prepared an EA incorporating by reference the EA prepared by 
the Council for the 2000 Specifications to the Summer Flounder, Scup 
and Black Sea Bass FMP, which discusses the impact on the environment 
as a result of this proposed rule. A copy of the EA may be obtained 
from NMFS (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA as part of the RIR, that describes the impact 
this proposed rule, if adopted, would have on small entities. A summary 
of the IRFA follows:
    A description of the reasons why action by the agency is being 
considered and the objectives of the proposed rule are explained in the 
preamble to this rule and are not repeated here. This action does not 
contain any collection of information, reporting, or recordkeeping 
requirements. It will not duplicate, overlap, or conflict with any 
other Federal rules. This action is taken under authority of the 
Magnuson-Stevens Act and regulations at 50 CFR part 648.
    The proposed GRAs could impact any vessel that would otherwise have 
fished with small mesh in the affected area. In the analysis of the 
2000 specifications for the summer flounder, scup and black sea bass 
fisheries, the Council estimated that a maximum of 172 vessels (based 
on 1998 vessel trip report (VTR) data) would be affected by any of the 
proposed GRAs. This estimate was based on the largest, most restrictive 
GRAs considered by the Council. Although that alternative was not 
implemented, the upper limit of affected vessels under any alternative, 
including the alternative proposed in this proposed rule, is 172. 
Because the proposed GRAs are smaller than the area analyzed by the 
Council, the number of impacted vessels is likely to be less than 172. 
However, it is not possible to quantify how many vessels actually would 
be impacted by the smaller GRAs, as proposed.
    Various levels of reductions in scup discards and landings of 
small-mesh fisheries are associated with each of the GRA alternatives. 
The proposed GRAs would reduce scup discards by 61 percent, based on 
sea sampling data from January 1989 through May 2000. In addition, 
landings of small-mesh species from the proposed GRAs are expected to 
be reduced as follows: Herring - 3 percent, mackerel - 11 percent, 
black sea bass - 42 percent, whiting - 5 percent, and Loligo - 22 
percent.
    Sea sampling data indicates that the status quo GRAs would reduce 
scup discards by 71 percent, and would reduce landings of other species 
as follows: Herring - 8 percent, mackerel - 30 percent, black sea bass 
- 50 percent, whiting - 17 percent, and Loligo - 38 percent.
    Because the proposed GRAs would result in less of a reduction in 
landings of other species than the status quo

[[Page 65821]]

GRAs, it would result in less of a reduction in revenues. The proposed 
GRAs would reduce total annual revenues by $7,177,000, whereas the 
status quo GRAs would reduce total annual revenues by $13,663,000. 
Exempting mackerel and Loligo squid from the GRA restrictions would 
further decrease the reduction in total annual revenues associated with 
the proposed GRA to $6,825,000.
    NMFS prepared a supplemental analysis of the status quo GRAs for 
the 2000 specifications. The analysis included an exemption for vessels 
targeting herring and provided a more specific analysis of the status 
quo GRAs. NMFS' analysis of the status quo GRAs estimated that 141 
vessels could potentially be affected, with an estimated overall annual 
reduction in revenue of $10.5 million.
    In summary, the proposed GRAs result in a 10-percent increase in 
scup discards as compared to the existing GRAs, but reduce vessel 
revenues obtained from species caught in other small mesh fisheries by 
approximately 45 percent less than the existing GRAs.
    Estimates regarding revenue reductions do not consider the possible 
redirection of fishing effort to other open areas due to the GRAs. 
Therefore, the revenue reduction estimates are likely to be larger than 
what would actually be experienced in the fishery, since some vessels 
will likely fish in areas outside the GRAs. However, the extent of this 
redirection of effort cannot be quantified.
    Exempting mackerel from the GRAs could potentially affect any 
vessel possessing a mackerel permit. According to NMFS permit file 
data, about 1980 commercial vessels hold an Atlantic mackerel permit. 
Eleven percent of mackerel landings (1989 - 2000), valued at $346,000 
(1998 prices), were derived from the area encompassed by the proposed 
GRA. Presumably, the economic benefits of these landings would be 
realized if the small-mesh mackerel fishery were exempted from the GRA 
restrictions. The alternative (i.e., not exempting mackerel) would 
prevent fishermen from obtaining such benefits.
    The Loligo exemption is expected to produce positive economic 
impacts on permitted vessels. Although the directed Loligo squid 
fishery will be closed after October 25, 2000, vessels fishing in the 
GRAs will be able to land up to 2,500 lb (1,134 kg) per trip. The 
alternative (i.e., not exempting Loligo) would maintain the status quo 
and prevent fishing vessels from landing Loligo from the GRAs.
    VTR data are not yet available to verify the exact number of 
vessels making multiple landings of squid, mackerel and butterfish in a 
single day. However, the best available information indicates that a 
modification of the requirements of the landing limits in the Atlantic 
mackerel, squid, and butterfish fisheries is expected to impact 
approximately 60 vessels that have reportedly made multiple landings, 
out of a total of 2,737 distinct vessels holding one or more permits in 
these fisheries.
    Most reported multiple daily landings of Loligo this year occurred 
off Long Island, NY, during late summer, particularly in the vicinity 
of Shinnecock Inlet. Because this activity has only begun recently, it 
is difficult to estimate the extent of the practice of making multiple 
landings in a single day. Therefore, it is difficult to estimate 
exactly how many trips would be lost as a result of a regulatory change 
prohibiting the activity, so, an overall assessment of economic impacts 
is not possible. While it is likely that the specification of one 
landing per calendar day would affect smaller vessels operating closer 
to shore to a greater degree than larger offshore vessels, some larger 
vessels from Rhode Island and New Jersey would also be impacted, as 
they reportedly engaged in the activity as well. Assuming an average 
ex-vessel price of $ 0.50/lb ($1.10/kg), a reduction in revenues per 
vessel ranging from $1,250.00/day (one foregone landing of 2,500 lb 
(1,134 kg)) - $5000.00/day (four foregone landings of 2,500 lb (1,134 
kg)) could occur for certain vessels, primarily during late summer when 
Loligo are available in nearshore areas. The prohibition of multiple 
daily landings under the trip limit would reduce the occurrence of 
quota overages, which result in quota deductions in subsequent quota 
periods. Short-term economic losses as a result of this measure could 
be offset by quota that would be available in subsequent periods. There 
is information that Loligo prices often increase in the autumn and 
winter seasons, as compared to the summer season when most multiple 
daily landings occur. If higher autumn and winter prices do occur and 
landings are redirected from the summer season to autumn and winter 
because of this proposed measure, then there could be an overall 
revenue increase. However, some of the approximately 60 vessels that 
made multiple daily Loligo landings during the summer may not be the 
same vessels that benefit from increased quotas in the autumn, due to 
limited range of smaller vessels, inclement weather, or employment in 
other fisheries. So, foregone Loligo catches as a result of this 
proposed measure may not always be recouped in subsequent quota periods 
by the same vessels. Using information from three representative 
vessels targeting Loligo during the months of July and August, the 
proposed measure could reduce annual revenues for these vessels by as 
much as 16 percent. However, since these vessels may land one trip of 
2,500 lb per day under the proposed measure, total reduction in annual 
revenue is likely to be less than the estimated maximum of 16 percent. 
These data suggest that Loligo is a substantial proportion of a total 
annual revenues for the affected vessels even in years when multiple 
trips were not made. However, the amount a vessel depends upon Loligo 
fishing from year to year varies depending upon the availability of the 
resource. NMFS does not anticipate any impacts on vessels landing 
butterfish or mackerel as a result of the change to one landing per 
day, because there have been no reports of these vessels making 
multiple landings per day of these species.
    The proposal to modify exemption criteria and procedures is an 
administrative change that is not likely to result in any economic 
impacts.
    A copy of this analysis is available from NMFS (see ADDRESSES). The 
President has directed Federal agencies to use plain language in their 
communications with the public, including regulations. To comply with 
this directive, we seek public comment on any ambiguity or unnecessary 
complexity arising from the language used in this proposed rule. Such 
comments should be sent to the Regional Administrator, Northeast Region 
(see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 26, 2000.
William T. Hogarth
Deputy Assistant Administrator for fisheries, National Marine Fisheries 
service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec.  648.14, paragraph (p)(4) is removed and reserved and 
paragraphs

[[Page 65822]]

(a)(73), (a)(122), (a)(123), and (p)(3) are revised to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (73) Take, retain, possess, or land more mackerel, squid or 
butterfish than specified under a notification issued under Sec.  
648.22.
    (122) Effective January 1, 2000, fish for, possess or land Loligo 
squid, silver hake, or black sea bass in or from the areas, and during 
the time periods, described in Sec.  648.122(a), (b), or (c) while in 
possession of midwater trawl or other trawl nets or netting that do not 
meet the minimum mesh restrictions or that are modified, obstructed or 
constricted, if subject to the minimum mesh requirements specified in 
Sec.  648.122 and Sec.  648.123(a), unless the nets or netting are 
stowed in accordance with Sec.  648.23(b).
    (123) Effective through December 31, 2000, fish for, possess or 
land silver hake or black sea bass in or from the areas, and during the 
time periods, described in Sec.  648.122(a), (b), or (c) while in 
possession of midwater trawl or other trawl nets or netting that do not 
meet the minimum mesh restrictions or that are modified, obstructed or 
constricted, if subject to the minimum mesh requirements specified in 
Sec.  648.122 and Sec.  648.123(a), unless the nets or netting are 
stowed in accordance with Sec.  648.23(b).
    (p) * * *
    (3) Take, retain, possess, or land mackerel, squid or butterfish in 
excess of a possession allowance specified under Sec.  648.22.

    3. In Sec.  648.22, paragraph (c) is revised to read as follows:


Sec.  648.22  Closure of the fishery.

    (c) Incidental catches. During the closure of the directed fishery 
for mackerel, the possession limit for mackerel is 10 percent by weight 
of the total amount of fish on board. During a period of closure of the 
directed fishery for Loligo, Illex, or butterfish, the possession limit 
for Loligo and butterfish is 2,500 lb (1.13 mt) each, and the 
possession limit for Illex is 5,000 lb (2.27 mt). Vessels may not land 
more than these limits during any single calendar day, which is defined 
as the 24-hour period beginning at 0001 hours and ending at 2400 hours.

    4. In Sec.  648.122, paragraph (e) is redesignated as (f); and 
paragraphs (a), (b), (c), and (d) are revised, and a new paragraph (e) 
is added as follows:


Sec.  648.122  Season and area restrictions.

    (a) Southern Gear Restricted Area. (1) From January 1 through April 
30, all trawl vessels in the Southern Gear Restricted Area that fish 
for or possess non-exempt species as specified in paragraph (a)(2) of 
this section, must fish with nets that have a minimum mesh size of 4.5 
inches (11.43 cm) diamond mesh, applied throughout the codend for at 
least 75 continuous meshes forward of the terminus of the net, or for 
codends with fewer than 75 meshes, the minimum-mesh-size codend must be 
a minimum of one-third of the net, measured from the terminus of the 
codend to the head rope, excluding any turtle excluder device 
extension, unless otherwise specified in this section. The Southern 
Gear Restricted Area is an area bounded by straight lines connecting 
the following points in the order stated (copies of a chart depicting 
the area are available from the Regional Administrator upon request):

                      SOUTHERN GEAR RESTRICTED AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
SGA1                                             39 deg.00'   72 deg.50'
SGA2                                             39 deg.11'   72 deg.58'
SGA3                                             38 deg.00'   74 deg.05'
SGA4                                             38 deg.00'   73 deg.57'
SGA1                                             39 deg.00'   72 deg.50'
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (a)(1) of this 
section apply to vessels in the Southern Gear Restricted Area that are 
fishing for or in possession of the following non-exempt species: Black 
sea bass, Loligo squid, and silver hake (whiting). Vessels fishing for 
or in possession of all other species of fish and shellfish are exempt 
from these restrictions.
    (b) Northern Gear Restricted Area I. (1) From November 1 through 
December 31, all trawl vessels in the Northern Gear Restricted Area I 
that fish for or possess non-exempt species as specified in paragraph 
(b)(2) of this section must fish with nets that have a minimum mesh 
size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the 
codend for at least 75 continuous meshes forward of the terminus of the 
net, or for codends with fewer than 75 meshes, the minimum-mesh-size 
codend must be a minimum of one-third of the net, measured from the 
terminus of the codend to the head rope, excluding any turtle excluder 
device extension, unless otherwise specified in this section. The 
Northern Gear Restricted Area I is an area bounded by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request):

                     NORTHERN GEAR RESTRICTED AREA I
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
NGA1                                             41 deg.00'   71 deg.00'
NGA2                                             41 deg.00'   71 deg.30'
NGA3                                             40 deg.00'   72 deg.40'
NGA4                                             40 deg.00'   72 deg.05'
NGA1                                             41 deg.00'   71 deg.00'
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraphs 
(b)(3) and (d) of this section, the restrictions specified in paragraph 
(b)(1) of this section apply to vessels in the Northern Gear Restricted 
Area I that are fishing for, or in possession of, the following non-
exempt species: Black sea bass, Loligo squid, and silver hake 
(whiting). Vessels fishing for or in possession of all other species of 
fish and shellfish are exempt from these restrictions.
    (3) Temporarily Exempted Species. From November 1, 2000 - December 
31, 2000, the restrictions specified in paragraph (b)(1) of this 
section do not apply to vessels in the Northern Gear Restricted Area I 
that are fishing for, or in possession of Loligo squid.
    (c) Northern Gear Restricted Area II. (1) From December 1 through 
January 31, all trawl vessels in the Northern Gear Restricted Area II 
that fish for or possess non-exempt species as specified in paragraph 
(c)(2) of this section must fish with nets that have a minimum mesh 
size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the 
codend for at least 75 continuous meshes forward of the terminus of the 
net, or for codends with fewer than 75 meshes, the minimum-mesh-size 
codend must be a minimum of one-third of the net, measured from the 
terminus of the codend to the head rope, excluding any turtle excluder 
device extension, unless otherwise specified in this section. The 
Northern Gear Restricted Area II is an area bounded by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request):

                    NORTHERN GEAR RESTRICTED AREA I I
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
NGA6                                             40 deg.00'   71 deg.40'
NGA7                                             40 deg.00'   72 deg.10'
NGA8                                             39 deg.00'   73 deg.09'
NGA9                                             39 deg.00'   72 deg.50'

[[Page 65823]]

 
NGA6                                             40 deg.00'   71 deg.40'
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraphs 
(c)(3) and (d) of this section, the restrictions specified in paragraph 
(c)(1) of this section apply to vessels in the Northern Gear Restricted 
Area II that are fishing for, or in possession of, the following non-
exempt species: Black sea bass, Loligo squid, and silver hake 
(whiting). Vessels fishing for or in possession of all other species of 
fish and shellfish are exempt from these restrictions.
    (3) Temporarily Exempted Species. From December 1, 2000 - December 
31, 2000, the restrictions specified in paragraph (c)(1) of this 
section do not apply to vessels in the Northern Gear Restricted Area II 
that are fishing for, or in possession of Loligo squid.
    (d) Transiting. Vessels that are subject to the provisions of the 
Southern and Northern GRAs, as specified in paragraphs (a), (b) and (c) 
of this section, respectively, may transit these areas provided that 
trawl net codends on board of mesh size less than that specified in 
paragraphs (a), (b) and (c) of this section are not available for 
immediate use and are stowed in accordance with the provisions of Sec.  
648.23(b).
    (e) Addition or deletion of exemptions. The MAFMC may recommend to 
the Regional Administrator, through the framework procedure specified 
in Sec.  648.108(a), additions or deletions to exemptions for fisheries 
other than scup. A fishery may be restricted or exempted by area, gear, 
season, or other means determined to be appropriate to reduce bycatch 
of scup.
[FR Doc. 00-28053 Filed 11-01-00; 8:45 am]
BILLING CODE: 3510-22-S