[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Rules and Regulations]
[Pages 21658-21667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9533]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000407096-0096-01; I.D. 040300C]
RIN 0648-AN51


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 33 to the Northeast 
Multispecies Fishery Management Plan

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

ACTION: Final rule and 2000 target total allowable catch (TAC) levels.

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SUMMARY: NMFS issues this final rule to establish 2000 target TACs for 
five Northeast multispecies fisheries and to implement measures 
contained in Framework Adjustment 33 of the Northeast Multispecies 
Fishery Management Plan (FMP). This final rule implements management 
measures that include the following:
    A continuation of the current Gulf of Maine (GOM) cod trip limit 
and the current GOM area closures;
    Two conditional 1-month closed areas (portions of Massachusetts Bay 
and Stellwagen Bank in January and Cashes Ledge in November), which 
would become effective if preliminary landings through July 31, 2000, 
indicate that more than 1.67 million lb (759 mt) of GOM cod have been 
landed;
    A 1-year extension of the Western GOM year-round closure, which 
otherwise would expire on April 30, 2001;
    The closure of a portion of Georges Bank (GB) east and southeast of 
Cape Cod during May to vessels fishing for multispecies and the removal 
of a regulatory provision that gave the Administrator, Northeast 
Region, NMFS (Regional Administrator), the authority to reduce the GB 
cod trip limit;
    A continuation of the GB cod landing limit;
    A haddock daily landing limit of 3,000 lb/days at sea (DAS) 
(1,360.8 kg/DAS) with a maximum possession limit of 30,000 lb (13,608 
kg) per trip with potential increases in landing limits;

[[Page 21659]]

    Establishment of a means to exempt for a 3-month period vessels 
fishing under charter/party regulations from regulations prohibiting 
fishing in GOM closed areas and of a prohibition on the use of DAS 
during that 3-month enrollment period; and
    A prohibition on any limited access vessel from fishing under a 
multispecies DAS while taking passengers for hire.
    Also, this action removes the requirement to report GOM cod trip 
limit overages by calling the cod hail line.
    The intent of this action is to address overfishing of several 
stocks, in particular GOM and GB cod, and to achieve the rebuilding 
goals of the FMP for the 2000 multispecies fishing year.

DATES: Effective June 1, 2000, except Secs. 648.10(f)(3)(ii), 
648.14(a)(121), (b) introductory text, (b)(1), (c)(24), and (c)(30), 
648.23(b)(4), 648.81(d) and (n), 648.86(a)(1), the removal of 
Sec. 648.86(b)(1)(ii)(B) and (b)(1)(iii), and the revision of 
Sec. 648.86(b)(2), which are effective May 1, 2000, and 
Secs. 648.14(b)(2), 648.81(g)(2)(iii) and 648.89(e), which contain 
information collection requirements and are not effective until 
approved by the Office of Management and Budget (OMB). When OMB 
approval is received, the effective date of Secs. 648.14(b)(2), 
648.81(g)(2)(iii) and 648.89(e) will be announced in the Federal 
Register.

ADDRESSES: Copies of the Framework 33 document, its Regulatory Impact 
Review (RIR), the Environmental Assessment (EA), and other supporting 
documents for the framework action are available 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, NMFS, 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: Richard A. Pearson, Fishery Policy 
Analyst, 978-281-9279.

SUPPLEMENTARY INFORMATION: Framework 33 was prepared by the New England 
Fishery Management Council (Council), under the rebuilding program 
established by Amendment 7 to the FMP. Amendment 7, which became 
effective on July 1, 1996, established a procedure for setting annual 
target TACs for GOM and GB cod, GB haddock, and GB and Southern New 
England (SNE) yellowtail flounder stocks and an aggregate TAC for the 
combined stocks of the other regulated multispecies simultaneously 
managed under the FMP. A Multispecies Monitoring Committee (MMC) was 
established to annually review the best available scientific 
information, set the annual target TACs, and identify management 
options to achieve FMP objectives for the regulated multispecies. The 
MMC annual review process provides an opportunity to evaluate the 
effectiveness of the multispecies management program and to make 
recommendations on the need for adjustments to the management program. 
Calculation of the annual TACs is based on the biological reference 
points of F<INF>max</INF> for GOM cod and F<INF>0.1</INF> for the 
remaining stocks of cod, haddock, and yellowtail flounder. In 
consideration of the severely depleted status of GOM cod, the Council 
also directed the MMC to estimate a target TAC for GOM cod based on the 
more precautionary and conservative F<INF>0.1</INF> reference point. 
For the 1999 fishing year, the Council used the F<INF>0.1</INF> 
precautionary target as a goal to assure that the F<INF>max</INF> 
target was not exceeded. For the 2000 fishing year, the Council 
directed the MMC to estimate F<INF>0.1</INF> for reference purposes. 
The adoption of measures designed to achieve a fishing mortality rate 
of F<INF>0.1</INF> would increase the likelihood of actually achieving 
the target of F<INF>max</INF>.
    The last full assessment of the five principal stocks managed under 
Amendment 7 was Stock Assessment Workshop 27 (SAW 27). The SAW 27 
results were presented to the Council in August 1998. In July 1999, the 
SAW Northern Demersal Working Group (NDWG) met and prepared an updated 
assessment with data through 1998 for 11 groundfish stocks, including 
GOM and GB cod, GOM haddock, and GB and SNE yellowtail flounder. The 
MMC utilized the NDWG assessment results as the technical basis for its 
1999 annual report to estimate the TACs for the five primary stocks and 
to develop the management options contained in the report.
    In summary, the MMC report concluded that fishing mortality rates 
(F) on GOM cod and GB cod need to be reduced from calendar year 1998 
fishing mortality rates for those species in order to achieve the 
Amendment 7 F targets. The 1998 GOM cod fishing mortality rate was 
0.64, compared with the Amendment 7 mortality rate target of 0.27. The 
fishing mortality rate on GB cod was 0.26 in calendar year 1998, as 
opposed to the target rate of 0.18.
    The Amendment 7 target levels do not reflect the Sustainable 
Fisheries Act (SFA) requirements. A management program for Atlantic cod 
(GOM and GB), haddock (GOM and GB), pollock, redfish, white hake, 
yellowtail flounder (GB, SNE, Mid-Atlantic and Cape Cod), windowpane 
flounder (north and south), winter flounder (GB, GOM, SNE/Mid-
Atlantic), American plaice, white flounder, and Atlantic halibut that 
will meet the SFA requirements is currently being developed and 
analyzed as part of Amendment 13 to the Northeast Multispecies FMP.
    Based on projected 2000 stock sizes and the Amendment 7 fishing 
mortality targets, the MMC proposed target TACs for the 2000 fishing 
year for the five primary stocks managed under Amendment 7 (GOM cod, GB 
haddock, GB cod, GB yellowtail flounder, and SNE yellowtail flounder). 
The MMC also provided an F<INF>0.1</INF> target TAC for GOM cod for 
reference purposes. An aggregate target TAC for the remaining regulated 
multispecies was not provided in the 1999 MMC annual report, and the 
Council did not include an aggregate target TAC in the Framework 33 
document. The target TACs for the 2000 fishing year, as proposed by the 
MMC, are as follows:

                            (In Metric Tons)
------------------------------------------------------------------------
                                            2000 Target     1999 Target
              Species/area                     TACs            TACs
------------------------------------------------------------------------
Georges Bank cod........................           4,145           5,354
Georges Bank haddock....................           6,252           5,600
Georges Bank yellowtail flounder........           4,618           2,725
Southern New England yellowtail flounder             951           1,115
Gulf of Maine cod (F<INF>max</INF>)................           1,918           1,340
Gulf of Maine cod (F<INF>0.1</INF>)................           1,118             782
------------------------------------------------------------------------


[[Page 21660]]

    To keep the target TACs from being exceeded, the MMC also provided 
the Council with four specific management options to achieve the GOM 
cod target TAC and with five alternative options to achieve the GB cod 
target TAC. The MMC GOM and GB cod options were based on DAS 
reductions, trip limits, area closures, and gear reductions in various 
combinations. These options relied, to a large extent, upon a 
continuation of many of the measures that were implemented for the 1999 
multispecies fishing year under Framework Adjustments 27, 30, and 31.
    The MMC report also contained options and recommendations for 
management of the recreational fishery, the haddock fishery, and other 
elements of the FMP.
    In addition to the MMC recommendations, in September 1999, the 
Council also solicited proposals from the public. Six proposals were 
received from state and industry groups in response to this 
solicitation for initial consideration for Framework 33.
    Following review, a proposal submitted by the Gulf of Maine 
Fishermen's Alliance (GOMFA) was recommended by the Groundfish 
Committee and the Council for subsequent analysis and inclusion as an 
option in the final Framework 33 document. The remaining industry 
proposals were consolidated into a single proposal by the Groundfish 
Committee, and this consolidated proposal was recommended by the 
Council for subsequent analysis and inclusion in the final Framework 33 
document. Ultimately, four GOM cod proposals were included for analysis 
in the final Framework 33 document. These included two of the MMC 
options: the GOMFA option and the consolidated industry proposal.
    The Council considered management measures for GOM cod, GB cod, and 
haddock separately in Framework 33. The Council also included measures 
in Framework 33 to regulate access to GOM closed areas by vessels that 
fish under charter/party regulations in order to prohibit the use of 
multispecies DAS when carrying passengers for hire and to change the 
Multispecies Large Mesh Permit Category qualification criteria and 
enrollment period.
    There were several multispecies actions during the 1999 fishing 
year that modified the landing limits, area closures, and calculation 
of the allowance for trip limit overages: Framework 27 published on May 
5, 1999 (64 FR 24066); an interim rule published on August 3, 1999 (64 
FR 42042); Framework 30 published on August 3, 1999 (64 FR 42045); and 
Framework 31 published on January 5, 2000 (65 FR 377). A key reason why 
the MMC recommended, and the Council adopted, the measures in Framework 
33 was to achieve the FMP fishing mortality objectives while 
maintaining some stability in the multispecies management program.

GOM Cod Measures

    The most recent assessment of the status of GOM cod uses data from 
1998. The status is similar to that in 1997: Recruitment is at record 
low levels, and spawning stock biomass is at the lowest level ever 
observed. However, the actual reduction in spawning stock biomass in 
1999 was not as large as the 37-percent reduction predicted in the 1998 
MMC report. A sensitivity analysis conducted by the MMC indicated that, 
if discarding did not appreciably increase in 1999, the 1999 GOM cod 
fishing mortality rate may be approaching the Amendment 7 target level.
    In light of the extremely dire condition of GOM cod, the Council 
has progressively adopted more restrictive measures in the GOM to 
protect cod. These measures may be beginning to have the effect of 
reversing the downward trend in abundance of GOM cod. However, without 
reliable data on discarding and additional analysis of recent survey 
trawl data, it is currently not possible to be certain whether the 
measures are having such an effect. For this reason, in the annual 
report, the MMC recommended that the Council, at a minimum, continue 
with the current suite of measures in the GOM and also adopt additional 
measures to address discards and to help attain mortality objectives. 
The MMC's rationale for this recommendation, similar to its rationale 
for its recommendations for 1999, was that the adoption of measures 
designed to achieve a fishing mortality rate of F<INF>0.1</INF> would 
increase the likelihood of actually achieving the target of 
F<INF>max</INF>.
    The Council considered four options for GOM cod: The two MMC 
options, the GOMFA option, and the consolidated industry proposal. Upon 
analysis, the Groundfish Plan Development Team (PDT) determined that 
the GOMFA proposal and the consolidated industry proposal resulted in 
landings above the TAC associated with F<INF>max</INF> for GOM cod. 
Therefore, the Groundfish Committee and the Council focused their 
discussion on the two MMC options.
    After due consideration, the Council rejected the MMC option that 
contained layover days and approved the MMC option that (1) included 
the existing method of counting DAS; (2) continued the area closures 
implemented in fishing year 1999; (3) extended for 1 year the WGOM 
closed area (originally scheduled to expire on May 1, 2001); (4) 
maintained the GOM daily cod landing limit of 400 lb/DAS (181.4 kg/DAS) 
with a maximum possession limit of 4,000 lb (1,814.4 kg) per trip; and 
(5) recommended the conditional closure of Cashes Ledge in November 
2000, and a portion of Massachusetts Bay and Stellwagen Bank in January 
2001, if preliminary landings data through July 31, 2000, indicate that 
more than 1.67 million lb (759 mt) of GOM cod have been landed.
    The Council adopted the conditional closure strategy to discourage 
directed fishing on GOM cod during the first 3 months of the fishing 
year and to provide additional protection for GOM cod during early 
spawning aggregations if landings are high early in the year. The 
trigger (1.67 million lb (759 mt)) is established at a level that is 50 
percent of the TAC midway between the TACs associated with 
F<INF>0.1</INF> and F<INF>max</INF>. It is not set at such a low level 
that the conditional closures are a certainty. In order to rebuild the 
stock, the MMC, in recent years, has consistently recommended that 
there be no directed fishing on GOM cod. If commercial vessels make a 
conscientious effort to avoid directing effort on GOM cod, then the 
trigger level may not be achieved. On the other hand, if early GOM cod 
landings are high, the additional closures will provide essential 
protection to early spawning aggregations next January. In addition, a 
triggered closure is preferable to a triggered trip limit reduction 
because it does not create the discard problems that occurred last year 
with the lower GOM cod trip limits.

[[Page 21661]]

    Although recent data indicate that the fishing mortality rate 
associated with landings of GOM cod for the 1999 fishing year may be 
approaching F<INF>max</INF>, the actual mortality could exceed 
F<INF>max</INF> if discarding was excessive in 1999. Because the 
fishing industry indicated that high discards occurred, it is prudent 
to establish the conditional closures to provide greater assurance of 
achieving the 2000 fishing mortality objectives, in light of existing 
uncertainty regarding the discard mortality that occurred in 1999.

GB Cod Measures

    Framework 33 and this rule extend the current GB cod daily landing 
limit of 2,000 lb/DAS (907.2 kg/DAS), with a maximum possession limit 
of 20,000 lb (9,072 kg) per trip. Framework 33 and this rule also close 
an area to the east and southeast of Cape Cod to fishing for 
multispecies during the month of May. This area closure is intended to 
compensate for the removal in Framework 33 of the regulatory provision 
that gave the Regional Administrator the authority to reduce the GB cod 
trip limit in order to achieve the GB cod mortality objective.

Haddock Measures

    In response to the continued growth in the GB haddock biomass 
projected for the fishing year starting May 1, 2000, and the below-
target fishing mortality rate on that stock, Framework 33 and this rule 
increases the haddock daily landing limit during the May-September 
period to 3,000 lb/DAS (1,360.7 kg/DAS), or part of a DAS, with a 
maximum possession limit of 30,000 lb (13,608 kg) per trip. The daily 
landing limit will increase on October 1, 2000, to 5,000 lb/DAS (2,268 
kg/DAS), with a maximum possession limit of 50,000 lb (22,680 kg) per 
trip. If, at any time during the fishing year, the Regional 
Administrator determines that a different trip limit is needed to land 
at least 75 percent of the target TAC, but not to exceed the TAC, NMFS 
may adjust the trip limit to the appropriate level by publishing a 
notification in the Federal Register.

Measures Regarding Access to GOM Closed Areas by Vessels Fishing 
Under Charter/party Regulations

    The regulations implementing Amendment 7 to the FMP for the 
recreational and charter/party multispecies fishery differ from those 
for the commercial sector fishery. These rules included a larger 
minimum fish size, a prohibition on the sale of fish, and an exemption 
for vessels fishing under charter/party regulations from commercial 
trip limits and area closure restrictions.
    The Council indicated concern about the application of the 
regulations to vessels fishing as charter/party vessels that have also 
qualified for multispecies limited access permits. These vessels may 
either fish commercially under a DAS and other commercial regulations, 
including a smaller minimum fish size and the ability to sell the 
catch, or fish under charter/party regulations. This is problematic 
because a vessel with a limited access permit fishing under charter/
party regulations could fish as a charter/party vessel in a closed 
area, with no trip limit, on one day. Then, on the next day, the same 
vessel could fish under a DAS and, subsequently, sell the fish that 
were caught by fishing in the closed area on the previous day.
    The Council seeks to alleviate the problem of commercial vessels 
switching to fishing under charter/party regulations by requiring 
charter/party vessels to obtain a certificate in exchange for access to 
the GOM closed areas. The Council considered three different options 
regarding the enrollment period for the certificate and recommended a 
3-month enrollment period. As a condition of the certificate, the 
vessel owner must agree not to utilize DAS during the 3 months covered 
by the certificate. NMFS approved these recommendations in Framework 33 
and implements them by this rule.

Prohibition on the Use of DAS When Carrying Passengers for Hire

    The Council indicated that the ability of some vessels to carry 
passengers for hire while simultaneously fishing under limited access 
permits and under a DAS created a perceived inequity among charter/
party vessels fishing in the same area and out of the same ports 
because charter/party vessels without limited access permits could not 
all avail themselves of the opportunity to fish commercially. 
Accordingly, to resolve the issue of which vessels may fish under the 
commercial regulations, the Council determined that it is appropriate 
to distinguish between vessels with passengers for hire and other, more 
traditional, commercial vessels. To do this, the Council recommended a 
measure in Framework 33 that prohibits vessels with limited access 
multispecies permits from fishing under a multispecies DAS while taking 
passengers for hire. NMFS approved this recommendation and implements 
it by this rule.

Disapproved Measure for Change in Large Mesh Permit Category

    Amendment 7 to the Northeast Multispecies FMP established a Large 
Mesh Permit Category that provides an opportunity for gillnet and otter 
trawl vessels electing to fish with mesh larger than the minimum 
required size to be allocated an increase of 36 percent in their DAS. 
Otter trawl vessels in this permit category must fish with a mesh size 
no smaller than an 8-inch (20.3-cm) diamond mesh throughout the entire 
net. Currently, no trawl vessels are in the Large Mesh Permit Category.
    Framework 33 includes a provision that would have reduced the 
minimum mesh size for otter trawl vessels fishing in the Large Mesh 
Permit Category from 8-inch (20.3-cm) to 7-inch (17.8-cm) and that 
would have reduced the DAS incentive from 36 percent additional DAS to 
25 percent. Both gillnet and otter trawl vessels in this category would 
be able to exit this category after 1 month under Framework 33, rather 
than having to commit to it for the entire fishing year, as currently 
required.
    NMFS believes that making the Large Mesh Permit Category more 
attractive for trawl vessels is a reasonable objective. However, no 
scientific analysis was provided in Framework 33 to correlate a 7-inch 
(17.8-cm) minimum trawl mesh size with a corresponding 25-percent 
increase in allocated DAS. The Framework document indicates this is 
because of the lack of selectivity data for 7-inch (17.8-cm) and 8-inch 
(20.3-cm) trawl net codend mesh sizes and because of the inability to 
predict the level of participation that might occur as a result of this 
change. For these reasons, the Framework 33 document states that the 
net impact on fishing mortality cannot be determined at this time.
    NMFS has disapproved this measure because it may not be 
conservation-neutral and, therefore, would not be consistent with 
national standard 1. There is currently not enough information on the 
potential biological impacts to justify the approval of a measure that 
could have the effect of increasing effort, or DAS, at a time when two 
important stocks require a reduction in fishing mortality. Under the 
annual adjustment framework procedures, this measure may be disapproved 
because it is not integral to either the overall set of measures 
recommended by the Council or the analysis of impacts prepared for this 
rule.

[[Page 21662]]

Technical Changes

    The implementation of the interim rule published on August 3, 1999 
(64 FR 42042), and regulations for Framework Adjustment 31 published on 
January 5, 2000, (65 FR 377), render the GOM cod landing limit hail 
line unnecessary and is removed by this rule. The final rule 
implementing Framework Adjustment 20 (62 FR 15381, April 1, 1997) 
implemented a measure to allow vessel operators who exceeded the 
landing limit of cod to retain excess fish but not to call-out of the 
multispecies DAS program until total DAS per trip corresponded to the 
total allowable weight of cod off-loaded per trip. There was only an 
indirect limit on the running clock, which required vessels to call-out 
of the DAS program after 14 days. Vessels that exceeded the cod landing 
limit were required to report their hailed weight of cod on board under 
a separate call-in system upon entering port. Interim regulations 
published August 3, 1999 (64 FR 42042), and made permanent by a final 
rule implementing Framework 31 (65 FR 377, January 5, 2000) implemented 
measures that revised the method used to count DAS in relation to the 
daily GOM cod trip limit and limited the amount of allowed overage to 
the equivalent of 1 day's landing limit. Because the running clock is 
now limited to no more than a 24-hour period, the requirement to call 
the GOM cod landing limit hail line is no longer necessary and is 
removed by this rule. Accordingly, to eliminate the hail line, 
Secs. 648.10(f)(3)(ii) and 648.14(c)(24) are amended; 
Sec. 648.86(b)(1)(ii)(B) is removed and reserved; and 
Sec. 648.86(b)(1)(iii) is removed.
    In Sec. 648.14(b), a reference to a letter of authorization that 
has not been available since 1998 is removed by this rule.
    In Sec. 648.14(c), a reference to a letter of authorization that 
has not been available since 1998 is removed by this rule.
    In Sec. 648.80(h)(2), the requirement for combination vessels to 
comply with all of the trip limits specified in Sec. 648.80, unless 
otherwise restricted by Sec. 648.86, has been modified to reflect the 
restriction added to Sec. 648.86 by the recently implemented halibut 
trip limit. Due to an oversight, this modification was not made in the 
regulations when the halibut trip limit was originally implemented (64 
FR 55821, October 15, 1999).

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 at which 
comments are accepted. The Council must provide the public with advance 
notice of both the framework proposals and the associated analysis and 
provide an opportunity to comment upon them specifically before and 
during the 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 or, if additional public 
comment is necessary, as a proposed rule. The initial and final 
meetings for Framework 33 were on November 16-19, 1999, and January 18-
20, 2000, respectively. The Council's Groundfish Committee and Industry 
Advisory Panel also held joint meetings and took public comment on the 
proposals on November 10-11 and December 13, 1999. The Industry 
Advisory Panel and Groundfish committee also met separately on January 
13 and 14, 2000, respectively.
    Documents summarizing the Council's proposed action and the 
analysis of biological, economic, and social impacts of this and 
alternative actions were available for public review 1 week before the 
final meeting, as required under the framework adjustment process. 
Written comments were accepted up to, and during, that meeting. A 
summary of oral and written comments received by the Council during the 
time period when Framework Adjustment 33 was being developed, and 
responses thereto, follow.

Comments and Responses

    Comment 1: Several fishing industry members and industry 
representatives supported the GOMFA Option for GOM cod (Option 4) 
because, by opening certain areas to fishing, it provided a greater 
opportunity for inshore vessels to fish on other regulated multispecies 
with reduced cod bycatch. They also commented that the GOMFA proposal 
would reduce fishing effort in important inshore grounds during the cod 
spawning season by limiting DAS or trips to 25 from February through 
May.
    Response: The Council considered Option 4, but rejected it because 
the analysis indicated the measures would result in GOM cod landings 
above the target TAC. The Council provided the proponents of this 
option several opportunities to modify the measures so that it could 
achieve the FMP objectives. The final version of the proposal did not 
meet the conservation goals of the FMP.
    Comment 2: Several fishing industry members, industry 
representatives, and elected officials from the City of Gloucester 
expressed support for continuing the 1999 fishing year measures for GOM 
cod without the conditional closures. They expressed concern regarding 
the impacts of any additional closures on the City of Gloucester.
    Response: In order to evaluate these concerns, a supplemental 
examination of a study fleet was conducted by NMFS to assess vessel 
gross revenues from species harvested both inside and outside the GOM. 
The study fleet was composed of vessels from Gloucester for the fishing 
years 1995 to 1998. The study concluded that the overall number of 
trips and vessels declined during the study period. Sixteen vessels 
exited the fishery for unknown reasons, possibly as a result of the 
buyout program, unseaworthiness, or economic insolvency. Similarly, the 
total number of trips declined each year. However, unlike the downward 
trend in numbers of vessels, trips, and average revenue for the vessels 
in the study fleet for the entire time period increased by about 6 
percent. The increased vessel revenues were primarily derived from 
species in other areas outside the GOM. Over the study period, the 
contribution of multispecies from other areas to average vessel 
revenues rose from 18 percent to 43 percent, while the contribution of 
GOM multispecies to average vessel revenues correspondingly decreased 
from 52 percent to 33 percent. The study also indicated that for 
vessels less than or equal to 45 ft (13.7 m) in length, average revenue 
per vessel declined by about 8.5 percent during the study period.
    The study results indicate that, overall, Gloucester vessels have 
been able to compensate for management measures implemented in the past 
4 years by increasing the amount of revenue obtained from species in 
stock areas outside the GOM. However, smaller vessels, which have more 
limited mobility, are less able to fish outside the GOM and, thus, were 
not able to compensate as well by fishing in other stock areas.
    Comment 3: Members of the fishing industry, including the Council's 
Industry Advisory Panel, recommended that the Council not change the 
method of counting DAS on the first day of a trip to count any fishing 
trip less than 24 hours automatically as either 15 hours or 24 hours. 
The commenters were concerned about the uneven distribution of impacts 
between day

[[Page 21663]]

boats and trip boats as a result of this proposal.
    Response: The Council considered these comments, as well as 
available analysis, and decided not to change the method of counting 
DAS at this time. The Council noted that it may consider the concept 
further in Amendment 13, as recommended by the Industry Advisory Panel.
    Comment 4: Several fishing industry members commented that the 
layover days proposed in the MMC Option (Option 1) were unfair because 
the proposal would impact some sectors of the fleet, while having 
minimal impact on other sectors. They noted that, while the measure was 
intended to reduce excessive fishing during periods when GOM cod are 
most readily available, it would also impact vessels fishing in the GOM 
that do not catch significant amounts of cod. They also raised safety 
concerns with layover days during November and December because it 
could create longer trips. These commenters supported the area closure 
options in MMC Option 2 that would be focused on the times and areas 
where cod is caught.
    Response: Based on these public comments, the Council rejected the 
layover-day option in MMC Option 1 and adopted Option 2, which includes 
conditional area closures to prevent exceeding the target TAC.
    Comment 5: Several recreational fishermen and recreational fishing 
associations and clubs urged the Council not to further restrict 
recreational fishing. They stated that until the fishing effort on the 
commercial sector was sufficiently controlled and no longer exceeded 
the target TAC, restrictions on the recreational sector were not 
justified. They also stated that the recreational sector had achieved 
its reductions. On the same subject, several commercial industry 
members commented that it is unfair and contrary to the rebuilding 
strategy of the FMP to allow party and charter vessels, which they 
considered to be commercial vessels, to fish in the closed areas, 
particularly during the spawning season. They noted that the current 
regulations make it too easy for vessels to fish as party or charter 
vessels in the closed areas and, then, sell their catch.
    Response: The Council considered the best data available on the 
recreational and charter/party sector and determined that additional 
restrictions on the recreational harvest are not warranted at this 
time, largely because reductions in recreational landings, in terms of 
numbers of cod, appear to be relatively consistent with reductions in 
commercial landings to date. Effort from the recreational sector has 
not increased in recent years. However, in response to these concerns, 
the Council adopted a requirement for charter/party vessels to obtain a 
letter of authorization that allows these vessels to gain access to the 
GOM closed areas for a minimum of 3 months. During this 3-month period, 
a charter/party vessel may not fish under a DAS, and is, therefore, 
prohibited from selling any of the regulated multispecies.
    Comment 6: Several individuals and the Industry Advisory Panel 
members questioned the appropriateness of the proposed 36-percent 
increase in allocated DAS for otter trawl vessels that enroll in the 
Large Mesh Permit Category when the minimum mesh size would have been 
reduced from 8 inches (20.3 cm) to 7 inches (17.7 cm). They commented 
that the proposal may result in an increase in fishing mortality.
    Response: The Council modified its original proposal so that otter 
trawl vessels in the Large Mesh Permit Category would receive a 25-
percent increase in allocated DAS rather than a 36-percent increase. 
NMFS has subsequently disapproved the measure due to a lack of 
information on the effect of this measure on fishing mortality.

Classification

    The Regional Administrator determined that this annual framework 
adjustment to the Northeast Multispecies FMP is necessary for the 
conservation and management of the Northeast multispecies fishery and 
that it is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that, 
because public meetings held by the Council to discuss the management 
measures implemented by this rule provided adequate prior notice and 
opportunity for public comment, further notice and opportunity to 
comment on this rule is unnecessary. Because of the need to reduce or 
maintain fishing mortality rates below the Amendment 7 rebuilding 
targets at the start of the fishing year on May 1, 2000, it would also 
be contrary to the public interest to provide further notice and 
further opportunity for public comment. Also, because the technical 
amendments to the rule merely remove outdated regulatory text and add 
cross-references to the recently implemented halibut trip limit that 
were inadvertently left out of the rule implementing that trip limit, 
they do not effect a substantive change to the existing regulations; 
thus, prior notice and opportunity for public comment are unnecessary. 
Therefore, the AA, under 5 U.S.C. 553(b)(B), finds good cause to waive 
prior notice and opportunity for public comment on this rule.
    The AA finds, under 5 U.S.C. 553(d)(1), that it is unnecessary to 
delay for 30 days the effective date of provisions increasing the 
haddock trip limit and removing the requirement to report GOM cod trip 
limit overages to the cod hail line because they relieve restrictions. 
The haddock landing limit was increased during fishing year 1999 from 
2,000 lb/DAS (907.2 kg/DAS), with a maximum possession limit of 20,000 
lb (9.071.8 kg) per trip, to a haddock landing limit of 5,000 lb/DAS 
(2,268 kg/DAS), with a maximum possession limit of 50,000 lb (22,680 
kg) per trip, for the period November 5, 1999, through April 30, 2000. 
However, beginning on May 1, 2000, the haddock trip limit reverts to 
2,000 lb/DAS (907.2 kg/DAS), with a maximum possession limit of 20,000 
lb (9.071.8 kg) per trip. To implement Framework 33, this rule relieves 
a restriction by increasing the landing limit to 3,000 lbs/DAS (2,268 
kg/DAS), with a maximum possession limit of 30,000 lb (13,680 kg) per 
trip. With the recent modifications to the running clock provision (64 
FR 42042, August 3, 1999, and 65 FR 377, January 5, 2000), the 
requirement to call the cod hail line is no longer necessary. Because 
increasing the haddock landing limits and removing the requirement to 
call the cod hail line relieve restrictions, the AA finds, under 5 
U.S.C. 553(d)(1), that it is not necessary to delay for 30 days the 
effectiveness of the revised haddock landing limits in 
Secs. 648.86(a)(1)(i) through (iii) and related prohibition in 
Sec. 648.14(b)(1), and the revisions to Secs. 648.10(f)(3)(ii), and 
648.14(c)(24); and the removal of Sec. 648.86(b)(1)(ii)(B) and 
(b)(1)(iii).
    Implementation of the GB Seasonal Area Closure contained in 
Sec. 648.81(n) for the month of May effective on May 1, 2000, is 
necessary to reduce the risk of exceeding the target TAC and to 
increase the likelihood of achieving GB cod mortality objectives. 
Fishermen will be notified of the GB Seasonal Area Closure and of the 
continuation of the GB cod possession limits via NOAA weather radio, 
Coast Guard announcements, and letters to permit holders. Also 
effective on May 1, 2000, are related transiting and stowage provisions 
for the GB Seasonal Area Closure contained in Secs. 648.23(b)(4) and 
648.81(d) and related prohibitions contained in Sec. 648.14(a)(121) and 
(c)(30). Implementation of those provisions at the same time as the 
closure is necessary for enforcement of that closure. In addition, the 
GB

[[Page 21664]]

Seasonal Area Closure is intended to compensate for this rule's removal 
of the regulatory provision that gave the Regional Administrator the 
authority to reduce the GB cod trip limit in order to achieve the GB 
cod mortality objective. Because this removal of the Regional 
Administrator's authority does not affect the public and is 
counterbalanced by another provision promoting the conservation of cod, 
delaying the removal of that authority is unnecessary. Therefore, the 
AA finds good cause under 5 U.S.C. 553(d)(3) not to delay for 30 days 
the effectiveness of the GB Seasonal Area Closure contained in 
Sec. 648.81(n) and in related transiting and stowage provisions and 
prohibitions and the removal of the Regional Administrator's authority 
to reduce the GB cod trip limit contained in Sec. 648.86(b)(2).
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 551 et seq., or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Consequently, a regulatory flexibility 
analysis has not been prepared. Nevertheless, the socioeconomic impacts 
on affected small entities were considered in the Regulatory Impact 
Review (RIR) contained in the supporting analysis for Framework 33. 
Also, various alternatives that would have different impacts on various 
fleet sectors and fishing communities were taken into consideration by 
the Council, consistent with national standard 8 of the Magnuson-
Stevens Act. In addition, in response to public comments, NMFS examined 
a study fleet in Gloucester, MA, to assess the impacts of recent 
management measures on vessel revenues.
    The short-term impacts of the measures were summarized in the RIR. 
Virtually all entities affected by this rule are small entities. No 
change in revenues and costs are expected from 1999 as a result of a 
continuation of the existing GOM closures and landing limits for the 
fishing year 2000. If the conditional GOM cod closures are implemented, 
the analysis indicates that a reduction in fleet revenues ranging from 
$161,600 (if 75 percent of the fishing trips are redirected into other 
open areas), to $646,500 (if vessels do not redirect any effort into 
other open areas) will occur. Reauthorization of the WGOM closure for 
an additional year will result in a potential fleet revenue loss, 
ranging between $1.8 million (if 75 percent of the fishing trips are 
redirected into other open areas) and $7.4 million (if vessels do not 
redirect any effort into other open areas). The analysis also indicated 
that, if the WGOM area were reopened, other restrictions on catch and 
effort would likely be required. The GB Seasonal Area Closure in May 
will result in a total revenue decline for groundfish vessels between 
$0.3 million (if 100 percent of the fishing trips are redirected into 
other open areas) and $4.1 million (if vessels do not redirect any 
effort into other open areas). The analysis of the economic impact of 
the requirement for charter/party vessels to obtain a letter of 
authorization to fish in GOM closed areas indicates that one vessel 
would lose 7 percent of its annual income. The prohibition on vessels 
fishing under a DAS when carrying passengers for hire could have 
negative impacts, but the magnitude could not be quantified. The 
haddock trip limit and TAC increases provide an opportunity for 
increased revenues because it would allow fishermen to land more fish, 
but the extent of the increase was not quantifiable.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act (PRA) unless that collection of 
information displays a currently valid OMB control number.
    This rule contains a collection-of-information requirement subject 
to the PRA. This collection-of-information requirement has been 
submitted to OMB for approval. The estimated time per response for a 
telephone call to request a Multispecies Charter/party GOM Closed Area 
Exemption Certificate is 2 minutes. The estimated total annual cost to 
the public is $264.00 (528 respondents X $.50) for the telephone call.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information will have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
the use of automated collection techniques or other forms of 
information technology. Send comments regarding these reporting burden 
estimates or any other aspect of the collection of information, 
including suggestions for reducing the burden, to NMFS and OMB (see 
ADDRESSES).
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and Recordkeeping requirements.

    Dated: April 12, 2000.
Andrew A. Rosenberg,
Deputy 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. 648.10, paragraph (f)(3)(ii) is revised to read as 
follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (f) * * *
    (3) * * *
    (ii) A vessel subject to the cod landing limit restriction 
specified in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed 
the allowable limit of cod based on the duration of the trip must enter 
port no later than 14 DAS after starting a multispecies DAS trip. Such 
vessel must remain in port, unless for transiting purposes as allowed 
in Sec. 648.86(b)(3), until sufficient time has elapsed to account for 
and justify the amount of cod on board in accordance with 
Sec. 648.86(b)(1)(ii), and may not begin its next fishing trip until 
the vessel has called out of the multispecies DAS program to end its 
trip.
    3. In Sec. 648.14, paragraphs (a)(52), (b), and (c)(24) are 
revised; paragraph (c)(31) is redesignated as paragraph (c)(27); newly 
redesignated paragraph (c)(27) is revised; and paragraphs (a)(121), and 
(c)(28) through (c)(31) are added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (52) Enter, be on a fishing vessel in, or fail to remove gear from, 
the EEZ portion of the areas described in Sec. 648.81 (g)(1) through 
(i)(1), and (o)(1) if effective during the time periods specified, 
except as provided in Sec. 648.81(d), (g)(2), (h)(2), and (i)(2).
* * * * *
    (121) Enter, be on a fishing vessel in, or fail to remove gear 
from, the EEZ portion of the areas described in Sec. 648.81(n) during 
the time periods specified, except as provided in Sec. 648.81(d) and 
(n)(2).
    (b) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any owner or

[[Page 21665]]

operator of a vessel holding a valid multispecies permit, or any person 
issued an operator's permit or issued a letter under 
Sec. 648.4(a)(1)(i)(M)(3), to do any of the following:
    (1) Land, or possess on board a vessel, more than the possession or 
landing limits specified in Sec. 648.86(a), (b), (c), (d), and (e), or 
to violate any of the other provisions of Sec. 648.86, unless otherwise 
specified in Sec. 648.17.
    (2) If the vessel has been issued a charter/party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(g)(2)(iii) when fishing in the 
areas described in Sec. 648.81(g)(1) through (i)(1), and (o)(1) if it 
becomes effective, during the time periods specified in those sections.
    (c) * * *
    (24) Enter port, while on a multispecies DAS trip, in possession of 
more that the allowable limit of cod specified in Sec. 648.86(b)(1)(i), 
unless the vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(4). Under no circumstances may such trip exceed 14 days 
in length.
* * * * *
    (27) Possess or land per trip more than the possession or landing 
limit specified under Sec. 648.86(c).
    (28) Participate in the DAS program pursuant to Sec. 648.82 when 
carrying passengers for hire on board the vessel during any portion of 
a fishing trip.
    (29) Enter, be on a fishing vessel in, or fail to remove gear from, 
the areas described in Sec. 648.81(g)(1) through (i)(1), and paragraph 
(o)(1) if it becomes effective, during the time periods specified, 
except as provided in Sec. 648.81(d), (g)(2), (h)(2) and (i)(2).
    (30) Enter, be on a fishing vessel in, or fail to remove gear from, 
the areas described in Sec. 648.81(n) during the time periods 
specified, except as provided in Sec. 648.81(d) and (n)(2).
    (31) If the vessel has been issued a Charter/Party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(g)(2)(iii) when fishing in the 
areas described in Sec. 648.81(g)(1) through (i)(1), and (o)(1) if it 
becomes effective, during the time periods specified in those sections.
* * * * *
    4. In Sec. 648.23, paragraph (b)(4) is revised to read as follows:


Sec. 648.23  Gear restrictions.

* * * * *
    (b) * * *
    (4) On-reel stowage for vessels transiting the GOM Rolling Closure 
Areas, the GB Seasonal Area Closure, and the Conditional Gulf of Maine 
Rolling Closure Area.
* * * * *
    5. In Sec. 648.80, paragraph (h)(2) is revised to read as follows:


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

* * * * *
    (h)* * *
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restriction specified in Sec. 648.80 and may 
possess and land unlimited amounts of regulated species, unless 
otherwise restricted by Sec. 648.86. Such vessels may simultaneously 
fish under a scallop DAS.
* * * * *
    6. In Sec. 648.81, paragraphs (d), (g)(1)(vi), (g)(2)(iii), and 
(i)(1) are revised, and paragraphs (n) and (o) are added to read as 
follows:


Sec. 648.81  Multispecies closed areas.

* * * * *
    (d) Transiting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge 
Closure Area, the Western Gulf of Maine 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 their gear is stowed in 
accordance with the provisions of paragraph (e) of this section.
* * * * *
    (g) * * *
    (1) * * *
    (vi) Rolling Closure Area VI. From February 1 through February 28, 
or February 29 if applicable, the restrictions specified in paragraph 
(g)(1) of this section apply to Rolling Closure Area VI, which is the 
area bounded by the straight lines connecting the following points in 
the order stated:

                         Rolling Closure Area VI
                       [February 1 - February 28]
 
                                                                  W.
                      Point                         N. Lat.   Long.(\1\)
 
GM1..............................................  42 deg.00       (\2\)
                                                           '
GM2..............................................  42 deg.00       (\3\)
                                                           '
GM3..............................................  42 deg.00       (\4\)
                                                           '
GM4..............................................  42 deg.00  70 deg.00'
                                                           '
GM8..............................................  42 deg.30  70 deg.00'
                                                           '
GM9..............................................  42 deg.30      (\2\)
                                                           '
 
\1\ or other intersecting line:
\2\ Massachusetts shoreline
\3\ Cape Cod shoreline on Cape Cod Bay
\4\ Cape Cod shoreline on the Atlantic Ocean

    (2) * * *
    (iii) That are fishing under charter/party or recreational 
regulations, provided that--
    (A) For vessels fishing under charter/party regulations, it has on 
board a letter of authorization issued by the Regional Administrator, 
which is valid for a minimum enrollment period of 3 months;
    (B) Fish harvested or possessed by the vessel are not sold or 
intended for trade, barter or sale regardless of where the fish are 
caught;
    (C) The vessel has no gear other than rod and reel or handline gear 
on board; and
    (D) The vessel does not use any DAS during the entire period of 
enrollment.
* * * * *
    (i) Western GOM Area Closure. (1) From May 1, 1998, through April 
30, 2002, no fishing vessel or person on a fishing vessel may enter, 
fish in, or be in and no fishing gear capable of catching multispecies, 
unless otherwise allowed in this part, may be in, or on board a vessel 
in, the area known as the Western GOM Area Closure (a chart depicting 
this area is available from the Regional Administrator upon request, 
see Table 1 to Sec. 600.502 of this chapter), as defined by straight 
lines connecting the following points in the order stated, except as 
specified in paragraphs (d) and (i)(2) of this section:

                        Western GOM Area Closure
 
                       Point                         N. Lat.    W. Long.
 
WGM1..............................................  42 deg.15  70 deg.15
                                                            '          '
WGM2..............................................  42 deg.15  69 deg.55
                                                            '          '
WGM3..............................................  43 deg.15  69 deg.55
                                                            '          '
WGM4..............................................  43 deg.15  70 deg.15
                                                            '          '
WGM1..............................................  42 deg.15  70 deg.15
                                                            '          '
 

* * * * *
    (n) Georges Bank Seasonal Closure Area. (1) From May 1 through May 
31, no fishing vessel or person on a fishing vessel may enter, fish in, 
or be in, and no fishing gear capable of catching multispecies, unless 
otherwise allowed in this part, may be in the area known as the Georges 
Bank Seasonal Closure Area as defined as the straight lines connecting 
the following points in the order stated, except as specified in 
paragraphs (d) and (n)(2) of this section:

                   Georges Bank Seasonal Closure Areas
                            [May 1 - May 31]
 
                     Point                        N. Lat.      W. Long.
 
GB1...........................................   42 deg.00'        (\1\)
GB2...........................................   42 deg.00'   67 deg.20'
GB3...........................................   41 deg.30'   67 deg.20'

[[Page 21666]]

 
GB4...........................................   41 deg.30'   69 deg.23'
GB5...........................................       (\2\)    69 deg.00'
GB6...........................................   41 deg.00'   69 deg.00'
GB7...........................................   41 deg.00'   70 deg.00'
GB1...........................................   42 deg.00'        (\1\)
 
\1\ Cape Cod shoreline on Atlantic Ocean.
\2\ Western boundary of Closed Area 1.

    (2) Paragraph (n)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels:
    (i) That meet the criteria in paragraph (g)(2)(i) or (ii) of this 
section;
    (ii) That are fishing as charter/party or recreational vessels; or
    (iii) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Area as described in Sec. 648.80(a)(10), 
provided the vessel uses an 8-inch (20.3-cm) twine top and complies 
with the multispecies possession restrictions for scallop vessels 
specified at Sec. 648.80(h).
    (o) Conditional Cashes Ledge & Gulf of Maine Rolling Closure Areas. 
(1) If the Regional Administrator determines that at least 50 percent 
of the average between the F<INF>0.1</INF> target TAC and the 
F<INF>max</INF> target (an amount equal to 1.67 million lb (759 mt) for 
the 2000 - 2001 fishing year) has been landed as of, or before, July 31 
of each year, NMFS, through a timely notification action in the Federal 
Register, shall implement the following closures:
    (i) Cashes Ledge Closure Area. From November 1 through November 30, 
no fishing vessel or person on a fishing vessel may enter, fish in, or 
be in, and no fishing gear capable of catching NE multispecies, unless 
otherwise allowed in this part, may be in, or on board a vessel in, the 
area known as the Cashes Ledge Closure Area, as described in 
Sec. 648.81(h)(1), except as provided in Sec. 648.81(h)(2); and
    (ii) Rolling Closure Area VI. From January 1 through January 31, no 
fishing vessel or person on a fishing vessel may enter, fish in, or be 
in, and no fishing gear capable of catching NE multispecies, unless 
otherwise allowed in this part, may be in, or on board a vessel in, the 
area known as Rolling Closure Area VI, as described in 
Sec. 648.81(g)(1)(vi), except as provided in Sec. 648.81(g)(2).
    6. In Sec. 648.82, paragraphs (a) introductory text and (a)(2) are 
revised to read as follows:


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

    (a) Except as provided in Secs. 648.17 and 648.82(a)(2), a vessel 
issued a limited access multispecies permit may not fish for, possess, 
or land regulated species, except during a DAS as allocated under and 
in accordance with the applicable DAS program described in this 
section, unless otherwise provided elsewhere in this part.
* * * * *
    (2) Notwithstanding any other provision of this part, any vessel 
issued a multispecies limited access permit may not call into the DAS 
program or fish under a DAS, if such vessel carries passengers for hire 
for any portion of a fishing trip.
* * * * *
    8. In Sec. 648.86, paragraphs (a)(1) and (b)(2) are revised; 
paragraph (b)(1)(ii)(B) is removed and reserved; and paragraph 
(b)(1)(iii) is removed:


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    (a) * * *
    (1) NE multispecies DAS vessels. (i) From May 1 through August 31, 
except as provided in paragraph (a)(1)(iii) of this section, a vessel 
that fishes under a NE multispecies DAS may land up to 3,000 lb 
(1,360.8 kg) of haddock per DAS fished, or any part of a DAS fished, up 
to 30,000 lb (13,608 kg) per trip, provided it has at least one 
standard tote on board. Haddock on board a vessel subject to this 
landing limit must be separated from other species of fish and stored 
so as to be readily available for inspection.
    (ii) From September 1 through April 30, except as provided in 
paragraph (a)(1)(iii) of this section, a vessel that fishes under a NE 
multispecies DAS may land up to 5,000 lb (2,268 kg) of haddock per DAS 
fished, or any part of a DAS fished, up to 50,000 lb (22,680 kg) per 
trip, provided it has at least one standard tote on board. Haddock on 
board a vessel subject to this landing limit must be separated from 
other species of fish and stored so as to be readily available for 
inspection.
    (iii) Adjustments--(A) Adjustment to haddock trip limit to prevent 
exceeding target TAC. At any time during the fishing year, if the 
Regional Administrator projects that the target TAC for haddock (6,252 
mt for 2000-2001 fishing year) will be exceeded, NMFS may adjust, 
through publication of a notification in the Federal Register, the trip 
limit per DAS and/or the maximum trip limit to an amount that the 
Regional Administrator determines will prevent exceeding the target 
TAC.
    (B) Adjustment of the haddock trip limit to allow harvesting up to 
75 percent of target TAC. At any time during the fishing year, if the 
Regional Administrator projects that less than 75 per cent of the 
target TAC for haddock (4,689 mt for 2000-2001 fishing year) will be 
harvested by the end of the fishing year, NMFS may adjust, through 
publication of a notification in the Federal Register, the trip limit 
per DAS and/or the maximum trip limit to an amount that is determined 
to be sufficient to allow harvesting of at least 75 percent of the 
target TAC, but not to exceed the target TAC.
* * * * *
    (b) * * *
    (2) Georges Bank Cod Landing and Maximum Possession Limits. For 
each fishing year, beginning on May 1, a vessel that is exempt from the 
landing limit described in paragraph (b)(1) of this section fishing 
under a NE multispecies DAS may land only up to 2,000 lb (907.2 kg) of 
cod per DAS, or any part of a DAS, up to a maximum possession limit of 
20,000 lb (9,071.8 kg) per trip. The vessel must have a standard tote 
on board. Cod on board a vessel subject to these landing and maximum 
possession limits must be separated from other species of fish and 
stored so as to be readily available for inspection.
* * * * *
    9. In Sec. 648.89, paragraph (e) is added to read as follows:


Sec. 648.89  Recreational and charter/party restrictions.

* * * * *
    (e) Charter/party vessel restrictions on fishing in Gulf of Maine 
closed areas and the Nantucket Lightship Closed Area.
    (1) Gulf of Maine Closed Areas. A vessel fishing under charter/
party regulations may not fish in the Gulf of Maine closed areas 
specified in Sec. 648.81(g)(1) through (i)(1), and (o)(1) if it becomes 
effective, during the time periods specified in those sections, unless 
the vessel has on board a letter of authorization issued by the 
Regional Administrator pursuant to Secs. 648.81(g)(2)(iii) and 
648.89(e)(3). The letter of authorization is valid for a period of 3 
months.
    (2) Nantucket Lightship Closed Area. A vessel fishing under 
charter/party regulations may not fish in the Nantucket Lightship 
Closed Area specified in Sec. 648.81(c)(1) unless the vessel has on 
board a letter of authorization issued by the Regional Administrator 
pursuant to Secs. 648.81(c)(2)(iii) and 648.89(e)(3).

[[Page 21667]]

    (3) Letters of Authorization. To obtain either of the letters of 
authorization specified in Sec. 648.89(e)(1) and (e)(2), a vessel owner 
must request a letter from the Northeast Regional Office of NMFS, 
either in writing or by phone (see Table 1 to Sec. 600.502 of this 
chapter). As a condition of these letters of authorization, the vessel 
owner must agree to the following:
    (A) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (B) Fish harvested or possessed by the vessel may not be sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught;
    (C) The vessel has no gear other than rod and reel or handline gear 
on board; and
    (D) For the Gulf of Maine charter/party closed area exemption only, 
the vessel may not use any multispecies DAS during the period of 
participation.
[FR Doc. 00-9533 Filed 4-19-00; 11:47 am]
BILLING CODE 3510-22-F