54302 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 050630174–5234–02; I.D. 

062005B–X] 

RIN 0648–AT08 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Framework 

Adjustment 41 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

Framework Adjustment 41 (FW 41) to 

the Northeast (NE) Multispecies Fishery 

Management Plan (FMP), developed by 

the New England Fishery Management 

Council (Council), which expands 

participation in the existing Closed Area 

(CA) I Hook Gear Haddock Special 

Access Program (SAP) to all NE 

multispecies limited access days-at sea 

(DAS) vessels fishing with hook gear. 

This action also modifies some of the 

management measures currently 

applicable to the Georges Bank (GB) Cod 

Hook Sector (Sector) vessels when 

declared into the CA I Hook Gear 

Haddock SAP by including modification 

of the season, haddock total allowable 

catch (TAC), and restricting vessels to 

fishing only inside the SAP area on trips 

declared into the SAP. In addition, 

NMFS clarifies regulations pertaining to 

fishing in the Eastern U.S./Canada 

Haddock SAP Pilot Program Area. 

Specifically, during the time the SAP is 

open, eligible vessels can choose to fish 

in the SAP, and fish outside the SAP in 

the open areas of the Eastern U.S./ 

Canada Area. This action is intended to 

mitigate the economic and social 

impacts resulting from Amendment 13 

to the FMP and to meet the conservation 

and management requirements of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective October 14, 2005. 

ADDRESSES: Copies of FW 41, its 

Regulatory Impact Review (RIR), the 

Initial Regulatory Flexibility Analysis 

(IRFA), and the Environmental 

Assessment (EA) are available from Paul 

J. Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, The Tannery B-Mill 2, 

Newburyport, MA 01950. 

The Final Regulatory Flexibility 

Analysis (FRFA) consists of the IRFA, 

public comments and responses, and 

the summary of impacts and alternatives 

contained in the Classification section 

of the preamble of this final rule. Copies 

of the small entity compliance guide are 

available from Patricia A. Kurkul, 

Regional Administrator, NMFS, 

Northeast Regional Office, One 

Blackburn Drive, Gloucester, MA 

01930–2298. A copy of the EA/RIR/ 

IRFA is accessible via the Internet at 

http://www.nero.noaa.gov/nero/regs/ 

com.html. 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection of information requirements 

contained in this final rule may be 

submitted in writing to NMFS (see 

ADDRESSES), or to David Rostker, OMB, 

by e-mail at 

DavidlRostker@omb.eop.gov, or by fax 

at (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hooker, Fishery Policy Analyst, 

phone: (978) 281–9220, fax: (978) 281–

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

In order to increase the fishing effort 

on, and yield from, healthy stocks, 

Amendment 13 to the FMP created a 

structure that allows for development of 

programs to target healthy fish stocks 

using Category B DAS. Amendment 13 

included four specific SAPs, only two of 

which were approved and implemented 

on May 1, 2004. The regulations 

implementing FW 40–A (69 FR 67780, 

November 19, 2004) also created 

opportunities to use Category B DAS, 

including the CA I Hook Gear Haddock 

SAP. However, due to insufficient 

controls on GB cod mortality, the 

measures for non-Sector vessels 

proposed in FW 40–A were found to be 

inconsistent with applicable law, and 

were thus disapproved. The purpose of 

this action is to revise the CA I Hook 

Gear Haddock SAP rules to allow 

participation by non-Sector vessels. 

This special access program will help 

mitigate the economic and social 

impacts caused by the fishing effort 

reductions that resulted from 

implementation of Amendment 13. 

Management Measures 

1. CA I Hook Gear Haddock SAP 

Non-Sector Vessels 

FW 41 modifies the CA I Hook Gear 

Haddock SAP by allowing access to this 

SAP when fishing under a B DAS (either 

Regular B or Reserve B) for vessels with 

a NE multispecies limited access DAS 

permit, provided the vessel fishes with 

demersal longline or tub trawl gear. In 

order to minimize the potential of a 

derby fishery, participation in the SAP 

for non-Sector vessels is restricted to a 

participation period of November 16 - 

December 31 for the 2005 fishing year, 

unless otherwise notified by NMFS. The 

participation period will alternate each 

year between Sector and non-Sector 

participants such that, in fishing year 

2006, non-Sector vessels will be able to 

fish in this SAP during a participation 

period of October 1 - November 15. The 

currently approved haddock TAC of 

1,000 mt for the SAP is divided evenly 

into two quota periods such that the 

haddock TAC for each quota period will 

be 500 mt. The SAP will be closed to all 

participants when the Administrator, 

Northeast Region, NMFS (Regional 

Administrator) projects that the 

haddock TAC (landings and discards) 

has been caught. The Regional 

Administrator may also adjust the start 

of the second participation period if the 

500–mt haddock quota for the first 

participation period is harvested prior 

to November 15. Additionally, the 

Regional Administrator may adjust the 

500–mt quota for the second 

participation period to account for 

under- or over-harvest of the 500–mt 

haddock quota (landings and discards) 

that occurred in the first participation 

period. Vessels fishing on a trip in 

which they have declared into the 

Regular B DAS Pilot Program are 

prohibited from fishing in this SAP on 

the same trip. 

In order to ensure that any catch of 

GB cod taken while using a Category B 

DAS does not threaten mortality 

objectives of Amendment 13, non-Sector 

vessels participating in the CA I Hook 

Gear Haddock SAP are allocated a 

portion of the GB cod incidental catch 

TAC. The GB cod incidental catch TACs 

are 50 percent, 34 percent, and 16 

percent for the Regular B DAS Pilot 

Program, the Eastern U.S./Canada SAP, 

and the CA I Hook Gear Haddock SAP, 

respectively. Additionally, for the 2005 

fishing year, the Regional Administrator 

may estimate any uncaught GB cod 

incidental catch TAC from the first 

quarter of the Regular B DAS Pilot 

Program and add that amount to the 

second quarter GB cod incidental catch 

TAC for the Regular B DAS Pilot 

Program. This action is necessary 

because the effective date of FW 41 

(October 1, 2005) is after the start of the 

Eastern U.S./Canada Haddock SAP, and 

the first period for the Regular B DAS 

Pilot Program (i.e., May 1, 2005). This 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54303 

action reduces the GB cod incidental 

catch TAC for the second period of the 

Regular B DAS Pilot Program by 15.5 

mt, and re-allocates it to the CA I Hook 

Gear Haddock SAP. This figure, 15.5 mt, 

is equivalent to 16 percent of the GB cod 

incidental catch TAC at the beginning of 

the 2005 fishing year (97 mt). This 

inseason adjustment is only for the GB 

cod incidental catch TAC in the 2005 

fishing year. 

In order to enable the NMFS Observer 

Program to administer the deployment 

of observers in the SAP, any vessel 

intending to participate in this SAP is 

required to notify the NMFS Observer 

Program by September 1 of its intention 

to fish in the program that year. This 

information is intended to provide the 

NMFS Observer Program with an 

estimate of the total number of vessels 

that intend to participate in the SAP and 

to plan observer coverage accordingly. If 

a vessel does not notify the NMFS 

Observer Program of its intent to 

participate in the SAP by September 1, 

it will not be allowed to participate in 

the SAP during that fishing year. 

Because this is the first year of this SAP 

modification, and timing is not 

consistent with the September 1 

notification date for the 2005 fishing 

year, all non-Sector vessels must notify 

the NMFS Observer Program of its 

intention to fish in the CA I Hook Gear 

Haddock SAP by October 24, 2005. In 

addition to this one-time annual 

notification, vessels are required to 

notify the NMFS Observer Program by 

telephone at least 72 hours prior to 

leaving on a trip to the SAP, and are 

required to provide the following 

information: Vessel name; contact name 

for coordination of observer 

deployment; telephone number of 

contact; and date, time and port of 

departure. The Regional Administrator 

retains the authority to close the CA I 

Hook Gear Haddock Access Area for the 

duration of the season if the level of 

observer coverage is insufficient to 

project whether continuation of the SAP 

would undermine the achievement of 

the objectives of the FMP or the CA I 

Hook Gear Haddock SAP. 

Non-Sector vessels participating in 

the SAP are required to use Category B 

(either Regular B or Reserve B) DAS 

only. Like the Sector vessels, all nonSector vessels participating in this SAP 

are required to be equipped with an 

approved Vessel Monitoring System 

(VMS). Vessels are required to declare 

into the CA I Hook Gear Haddock SAP 

via VMS and specify whether Regular B 

DAS or Reserve B DAS will be used, 

prior to leaving port on a trip into the 

SAP. All non-Sector vessels are required 

to report their catches (landings and 

discards) of haddock and cod daily via 

VMS. Non-Sector vessels that have 

declared into the CA I Hook Gear 

Haddock SAP are prohibited from 

fishing both inside and outside the SAP 

area on the same trip and are exempt 

from the current limitation on the 

number of hooks fished inside the SAP 

area. Non-Sector vessels are subject to a 

cod possession and landing limit of 

1,000 lb (453.6 kg) per trip. Vessels are 

not permitted to discard legal-sized cod 

prior to reaching the catch limit, and are 

required to end their trip if the cod trip 

limit is achieved or exceeded. There is 

no flipping provision for this SAP (i.e., 

vessels may not switch from using 

Category B to Category A DAS on a trip). 

For species other than cod, non-Sector 

vessels are required to comply with the 

possession and trip limit restrictions 

currently specified in the regulations. 

When the Regional Administrator 

projects that either the cod incidental 

catch TAC, or the haddock TAC 

(landings and discards) has been caught 

for the CA I Hook Gear Haddock SAP, 

the SAP will close for the remainder of 

the fishing period. 

Sector Vessels 

There are two changes to the current 

provisions for Sector vessels 

participating in the CA I Hook Gear 

Haddock SAP. Under this action, Sector 

vessels that have declared into the CA 

I Hook Gear Haddock SAP are 

prohibited from fishing both inside and 

outside the SAP area on the same trip, 

and Sector vessels are restricted to a 

participation period of October 1 - 

November 15 in the 2005 fishing year. 

For subsequent fishing years, starting in 

fishing year 2006, the participation 

period will alternate each year between 

Sector and non-Sector participants so 

that, in fishing year 2006, for example, 

Sector vessels may fish during a 

participation period of November 16 - 

December 31. The current haddock TAC 

of 1,000 mt for the SAP is divided 

evenly into two quota periods such that 

the haddock TAC for each quota period 

is 500 mt. This action also removes the 

requirement that Sector vessels shall be 

required to pay for observer coverage if 

the Regional Administrator determines 

that funding for observers is inadequate 

to provide sufficient coverage. The 

Regional Administrator may adjust the 

start of the second quota period if the 

500–mt haddock quota for the first 

quota period is harvested prior to 

November 15. Additionally, the 

Regional Administrator may adjust the 

500–mt quota for the second quota 

period to account for under- or overharvest of the 500–mt haddock quota 

(landings and discards) that occurred in 

the first quota period. Other provisions 

for Sector vessels fishing in the SAP 

remain unchanged. 

2. Clarification of Regulations 

Pertaining to Fishing in the Eastern 

U.S./Canada Haddock SAP Pilot 

Program Area 

Regulations pertaining to access to the 

Eastern U.S./Canada Haddock SAP Pilot 

Program and the Eastern U.S./Canada 

Management Area are clarified through 

this rule. Regulations at § 648.85(a)(1) 

and (b)(8) allow fishing in the Eastern 

U.S./Canada Management Area, and 

allow fishing in the Eastern U.S./Canada 

Haddock SAP Area, respectively, and 

specify rules that pertain to each area. 

According to these regulations, during 

the time the SAP is open, eligible 

vessels may choose to fish in the SAP, 

and to fish outside the SAP in the open 

areas of the Eastern U.S./Canada Area. 

In contrast to these regulations, the 

regulations at § 648.14(a)(143) and 

(a)(148) could be broadly interpreted to 

prohibit fishing in any part of the SAP 

unless fishing under the SAP rules. 

These prohibitions were inadvertently 

written in a broad way that is 

inconsistent with § 648.85(a)(1) and 

(b)(8) and the intent of NE Multispecies 

Framework Adjustment 40–A. These 

regulations are amended and clarified 

through this final rule. 

Comments and Responses 

Four letters were received regarding 

the proposed rule (July 18, 2005; 70 FR 

41189) to implement FW 41, including 

two letters from industry groups, one 

letter from the State of Maine, and one 

letter that was not germane to the 

proposed action. NMFS has not 

responded to the comments that were 

not specific to the proposed 

management measures. Both industry 

groups expressed overall support for 

expanding the CA I Hook Gear Haddock 

SAP to non-Sector vessels. 

Retention of Catch History from the CA 

I Hook Gear Haddock SAP 

Comment 1: One industry group 

expressed support of the Council’s 

stated intent to not use the catch history 

from the CA I Hook Gear Haddock SAP 

for any future allocation decisions. The 

industry group expressed its desire to 

have the Council’s intent codified in the 

Code of Federal Regulations. Their 

belief is that the equal division of the 

haddock TAC between the two 

participation periods for the SAP is 

arbitrary and may unjustly give Sector 

vessels a 500–mt allocation of haddock 

that could be used as the basis for future 

haddock allocations. The State of Maine 

also expressed concern that the equal 

54304 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

division of haddock between the two 

participation periods is unfair. 

Response 1: The overall haddock TAC 

is divided equally between the 

participation periods since the catch 

rates of haddock were similar over the 

course of the experimental fishery. By 

dividing the haddock TAC in half, each 

group (Sector and non-Sector) has an 

equal opportunity to catch haddock. In 

the absence of any historic basis to 

assign an allocation, the Council viewed 

this division was viewed as the most 

equitable. Because the SAP is a new 

program, and non-Sector vessels have 

not had the opportunity to fish in the 

SAP, the alternative of basing the split 

on recent catch histories could not be 

used. The Council is a dynamic 

organization that must base its decisions 

on the best information available at the 

time each decision is being made. To 

restrict the Council’s future decisionmaking ability by codifying the intent of 

the current Council members would not 

be in the best interest of the fishery, or 

the Council in the long term. 

Comment 2: One industry group 

opposed the Council’s intent to not use 

catch history from the CA I Hook Gear 

Haddock SAP in future allocation 

decisions and asked NMFS to reject this 

statement by the Council. 

Response 2: The Council’s stated 

intent regarding use of catch history is 

not binding on NMFS or the Council. 

Therefore, there is no need to reject (or 

accept) the Council’s current stated 

intent regarding the use of catch data for 

a hypothetical, future allocation 

program, because the Council is not 

bound by the statement now or in the 

future. 

Division of CA I Hook Gear Haddock 

SAP into Two Participation Periods 

Comment 1: The State of Maine 

expressed concern that the division of 

the SAP into two participation periods 

between Sector and non-Sector vessels 

promotes fragmentation in an already 

fragmented fishery and believes that it 

does not address the potential for a 

derby fishery in the non-Sector 

participation period. As an alternative, 

the State of Maine recommended that 

Sector and non-Sector vessels should be 

permitted to fish during whichever 

participation period they desire, 

provided that they declare their intent 

to do so prior to the start of the SAP 

fishing season. The Regional 

Administrator would then adjust the 

TAC of GB cod and GB haddock 

allocated to each participation period 

based on the number of vessels that 

declare their intent to fish in each 

participation period. 

Response 1: The Council considered 

adopting trip limits for controlling the 

derby fishery rather than divide the SAP 

season between Sector and non-Sector 

participation periods. However, this 

option was rejected as it did not 

adequately address derby effects and 

because it was believed that it could 

increase safety problems in the fishery. 

The Council’s recommended alternative 

to split the SAP season into two 

participation periods was based on a 

solution offered by the industry. 

Although the number of non-Sector 

vessels that will participate in the CA I 

Hook Gear Haddock SAP is not known, 

it is not expected to be large. This 

suggests that the State’s concerns about 

a potential derby amongst non-Sector 

vessels may be over-stated. 

The State of Maine’s proposal to alter 

the SAP raises several questions. If all 

the vessels sign up for just one of the 

participation periods, then the State’s 

proposal does nothing to address a 

potential derby fishery. Additionally, 

there is no guarantee that non-Sector 

vessels that want to participate in the 

second participation period would be 

able to do so if the cod TAC for the first 

participation period is over-harvested. 

Moreover, NMFS can only disapprove 

or approve measures specified in FW 41 

and cannot adjust measures as 

recommended by this commenter. 

Classification 

The Regional Administrator has 

determined that the framework 

adjustment (FW 41) that this rule 

implements is consistent with the 

national standards of the MagnusonStevens Act and other applicable laws. 

The Regional Administrator, in making 

that determination, took into account 

the data, views, and comments received 

during the comment period for the 

proposed rule phase of this final rule. 

For the purposes of Executive Order 

12866, the action is not considered 

significant. The annual effect on the 

economy will not meet the threshold 

criteria of $100 million and it will not 

have an adverse material affect on any 

sector of the economy, productivity, 

jobs, the environment, public health, or 

safety, or state, local, or tribal 

governments or communities. 

This final rule does not contain 

policies with Federalism implications as 

defined in Executive Order 13132. 

Final Regulatory Flexibility Analysis 

(FRFA) 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), 

prepared this FRFA in support of the 

approved measures in FW 41. The FRFA 

incorporates the economic impacts 

summarized in the IRFA and the 

corresponding RIR, as well as those 

contained in the EA, all of which were 

prepared for this action. The IRFA was 

published in the proposed rule (70 FR 

41189, July 18, 2005) and is thus not 

repeated here. Copies of the IRFA, 

FRFA, RIR, and the EA prepared for FW 

41 are available from the Northeast 

Regional Office (see ADDRESSES). A 

description of why this action was 

considered, the objectives of, and the 

legal basis for this rule are contained in 

the preamble to this final rule and in the 

FW 41 document and are thus not 

repeated here. 

Summary of the Issues Raised by the 

Public Comments in Response to the 

IRFA. A summary of the Assessment of 

the Agency of Such Issues, and a 

Statement of Any Changes Made from 

the Proposed Rule as a Result of Such 

Comments 

No comments were received in 

response to the IRFA. Four general 

comments were received which are 

addressed in the preamble of this final 

rule. 

Description and Estimate of the Number 

of Small Entities to which this Proposed 

Rule would Apply 

This action implements changes with 

the potential to affect any vessel holding 

a NE multispecies limited access permit 

with an allocation of DAS 

(approximately 1,000 vessels). It is very 

likely, however, that the measures will 

impact substantially fewer than the total 

number of such permit holders, because 

the SAP requires participants to use 

only hook gear, there are relatively few 

vessels that fish with hook gear, and it 

is not likely that many vessel owners 

will switch from using another type of 

fishing gear to hook gear. Based on this, 

the EA estimates that there will be about 

60 vessels in total (Sector and nonSector) that will participate in this SAP. 

The Small Business Administration 

(SBA) size standard for small 

commercial fishing entities is $ 3.5 

million in gross receipts. Data analyzed 

for Amendment 13 to the FMP indicated 

that the maximum annual gross receipts 

for any single commercial fishing vessel 

in the NE multispecies fishery for the 

period 1998 to 2001 was $ 1.3 million. 

For this reason, each vessel in this 

analysis is treated as a single entity for 

purposes of size determination and 

impact assessment. All commercial 

fishing entities fall under the SBA size 

standard for small commercial fishing 

entities, and there are no 

disproportionate impacts between small 

and large entities. 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54305 

A Description of the Projected 

Reporting, Recordkeeping, and Other 

Compliance Requirements of the Final 

Rule 

The reporting requirements for this 

final rule are as follows: (1) VMS 

purchase and installation; (2) VMS 

proof of installation; (3) automated VMS 

polling of vessel position once per hour 

when fishing in the CA I Hook Gear 

Haddock SAP; (4) SAP area and DAS 

use declaration via VMS prior to each 

trip into the SAP; (5) annual notification 

of intention to participate in the SAP; 

(6) notification for observer deployment 

prior to every trip into the CA I Hook 

Gear Haddock SAP; and (7) daily 

electronic catch and discard reports of 

stocks of concern when fishing in the 

CA I Hook Gear Haddock SAP. 

The VMS purchase and installation, 

and proof of VMS installation, are onetime cost and reporting requirements. 

Many vessels have already complied 

with this requirement, as it is required 

for other fisheries, including other 

groundfish special access programs. The 

automated VMS polling requires no 

additional effort on the part of the vessel 

operator. These requirements allow 

enforcement personnel and managers to 

monitor access to an area that is 

otherwise closed to certain fishing 

activities. Part of the management 

strategy for this SAP includes the use of 

quotas for species of concern and the 

target species. These quotas ensure that 

mortality targets established under 

Amendment 13 are not exceeded. In 

order to monitor the catches of cod and 

haddock within the SAP, vessels are 

required to report catches (kept and 

discarded) on a daily basis through 

VMS. The 72–hour observer notification 

allows the Observer Program to place an 

at-sea observer with the vessel in order 

to meet the programs sampling needs. 

At-sea observers perform a valuable role 

in collecting and validating fisheries 

data. No professional skills are 

necessary to report this data beyond 

those already possessed by vessel 

owners and operators. 

Description of Steps the Agency Has 

Taken to Minimize the Significant 

Economic Impact on Small Entities 

Consistent with the Stated Objectives of 

Applicable Statutes, Including a 

Statement of the Factual, Policy, and 

Legal Reasons for Selecting the 

Alternative Adapted in the Final Rule 

and Why Each One of the Other 

Significant Alternatives to the Rule 

Considered by the Agency Which Affect 

the Impact on Small Entities Was 

Rejected 

The primary purpose of this action is 

to revise the CA I Hook Gear Haddock 

SAP rules to allow participation by nonSector vessels. Additional access to this 

SAP will help mitigate the economic 

and social impacts caused by the fishing 

effort reductions that resulted from 

implementation of Amendment 13. 

Management measures to modify the 

GB cod incidental TACs and provide 

non-Sector vessel access to the SAP was 

compared to a No Action alternative. 

The management measure to minimize 

derby fishing behavior was compared 

with both a No Action alternative and 

an alternative that would have limited 

vessels to starting only two trips into the 

SAP per week. The No Action 

alternative would have resulted in the 

continuation of the management 

measures implemented by FW 40–A. 

Only Sector vessels would have been 

eligible to fish in the SAP, no incidental 

GB cod TAC would have been allocated 

to the SAP, and there would have been 

no measures to minimize derby fishing 

behavior. By dividing the season into 

two periods and thereby reducing the 

number of vessels eligible to participate 

during each period, the potential for a 

derby fishery was greatly reduced 

allowing the vessels to better plan their 

fishing activities. An option to allow 

vessels to start only two trips per week 

was rejected because it would only 

partially address the derby effects and, 

based on industry comment, could have 

caused safety problems for the fishery. 

This action reduces the allocation of 

GB cod to the Regular B DAS Pilot 

Program in order to establish a GB cod 

incidental catch TAC for non-Sector 

vessels fishing in the CA I Hook Gear 

Haddock SAP. This reallocation of 

incidental TAC could result in 

increased economic benefits if activities 

in the SAP results in a higher yield at 

lower cost than the Regular B DAS Pilot 

Program. However, unless the same 

vessels are the beneficiaries of the 

reallocation, participation by non-Sector 

vessels in this SAP could result in a 

transfer of benefits from one group of 

vessels to another (e.g., Regular B DAS 

Pilot Program vessels to CA I Hook Gear 

Haddock SAP vessels). The magnitude 

of the impacts will depend upon the 

amount of GB cod incidental TAC that 

is harvested under the Regular B DAS 

Pilot Program and the timing of the 

implementation of the SAP measures. 

There are minimal data to determine the 

specific impacts of the reallocation on 

the Regular B DAS Pilot Program or the 

fishery as a whole. During the first 

quarter of the 2005 fishing year, the 

Regular B DAS Pilot Program caught a 

substantial portion of the GB cod 

incidental catch TAC. This suggests that 

such a reallocation may limit the 

Regular B DAS Pilot Program; however, 

the level of incidental catch of GB cod 

during the CA I Hook Gear Haddock 

SAP season (October - December) may 

be different from that realized earlier in 

the fishing year. 

This action implements measures that 

allow non-Sector vessels to use hook 

gear to target haddock in the SAP. In the 

short term, this opportunity may be 

important to the profitability of 

participating vessels and provides 

mitigation of the short-term adverse 

effects of the DAS reductions 

implemented by Amendment 13. The 

beneficiaries of the action are limited to 

individuals that already use bottom 

longline gear and individuals that could 

profitably convert to the use of bottom 

longline gear. Based upon an estimate of 

the number of vessels that would join 

the Sector in 2005, and empirical 

information, the EA estimates that 40 

Sector vessels and 20 non-Sector vessels 

will participate in the SAP. 

Estimated total revenue for Sector and 

non-Sector participants is $ 1.3 million 

and $ 0.6 million, respectively. 

Estimated surplus per vessel for Sector 

and non-Sector participants is $19,300 

and $ 16,600, respectively. These 

returns are based upon the assumptions 

of 5,000 lb (2,268 kg) of haddock kept 

per trip, an incidental cod catch TAC of 

14 mt, a total of 441 total trips into the 

SAP, and the implementation of 

measures to mitigate derby fishing 

behavior. 

The benefits that would accrue to 

Sector and non-Sector vessels depend in 

part on whether measures to prevent a 

derby are implemented. Dividing the 

SAP into two time periods and limiting 

fishing in each period to either Sector or 

non-Sector vessels reduces benefits to 

Sector vessels, but provides benefits to 

non-Sector vessels at the same level. 

Without measures to minimize the 

potential of derby fishing, the estimated 

surplus per participating Sector vessel 

would be $29,300, because the Sector 

vessels would not be limited to a 

maximum haddock catch of 500 mt. 

Sector participants would be foregoing 

54306 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

potential economic gains in order to 

minimize derby fishing behavior and 

competition for the haddock TAC. The 

economic analysis also noted that there 

are potential costs of derby fishing, such 

as price depression, loss of gear through 

gear conflicts, and the costs of unsafe 

fishing practices. 

In contrast, the non-Sector vessels 

may be limited by the GB cod incidental 

catch TAC, with or without measures to 

address derby fishing. In other words, 

the constraining factor on the catch of 

non-Sector vessels may be the GB cod 

incidental catch TAC, and not the 

haddock TAC. If non-Sector participants 

are able to reduce incidental catches of 

cod and take all of the haddock 

available to them, the estimated net 

return per vessel would double. 

Dividing the season into two periods 

has other implications due to the 

seasonal variations in the availability 

and price of haddock. Based upon 

experimental data, catch rates of 

haddock may be highest in the 

beginning of the SAP season and 

subsequently decline, while average 

haddock prices may increase over the 

SAP season. The increase in average 

price may mitigate the effect of a 

reduced catch rate in the latter part of 

the SAP season. 

It is likely that most or all 

participating vessels will experience 

positive economic results. The potential 

economic benefits of the measures 

would represent only a small increase in 

the total value of the NE region 

groundfish sales, however it is unknown 

where the economic benefits that result 

from the participation of non-Sector 

vessels will accrue. 

Public Reporting Burden 

This rule contains collection of 

information requirements subject to 

review and approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (PRA) that 

have been approved by OMB under 

OMB control numbers 0648–0501 and 

0648–0502. The current expiration date 

for the reporting requirements under 

this collection is June 30, 2008. Public 

comment on this collection of 

information was solicited in the 

proposed rule to Framework 

Adjustment 40–A (69 FR 55388, 

September 14, 2004) and in the renewal 

of the collection of information for OMB 

control number 0648–0501 (69 FR 

61344, October 18, 2004) and OMB 

control number 0648–0502 (69 FR 

61346, October 18, 2004). The public’s 

reporting burden for the collection-ofinformation requirements includes the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection-of-information 

requirements. 

The approved reporting requirements 

for this rule and the estimated average 

time for a response are as follows: 

1. VMS purchase and installation, 

OMB control number 0648–0501 (1 hr/ 

response); 

2. VMS proof of installation, OMB 

control number 0648–0501 (5 min/ 

response); 

3. Automated VMS polling of vessel 

position once per hour when fishing in 

the Regular B DAS pilot program, OMB 

control number 0648–0501 (5 sec/ 

response); 

4. Automated VMS polling of vessel 

position once per hour when fishing in 

the CA I Hook Gear Haddock SAP, OMB 

control number 0648–0501 (5 sec/ 

response); 

5. SAP area and DAS use declaration 

via VMS prior to each trip into a SAP, 

OMB control number 0648–0501 (5 

min/response); 

6. Revised estimate of the area and 

DAS use declaration via VMS prior to 

each trip into the CA I Hook Gear 

Haddock SAP, OMB control number 

0648–0501 (5 min/response); 

7. Revised estimate of the notice 

requirements for observer deployment 

prior to every trip into the CA I Hook 

Gear Haddock SAP, OMB control 

number 0648–0202 (2 min/response); 

8. Annual declaration of participation 

in the CA I Hook Gear Haddock SAP, 

OMB control number 0648–0501 (2 

min/response); 

9. Daily electronic catch and discard 

reports of stocks of concern when 

fishing in the CA I Hook Gear Haddock 

SAP, OMB control number 0648–0502 

(0.25 hr/response). 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to a penalty for failure to comply 

with a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: September 8, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons stated 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 § 648.10, paragraphs (b)(3)(i)(C) 

and (D) are revised to read as follows: 

§ 648.10 DAS notification requirements. 

* * * * * 

(b) * * * 

(3) * * * 

(i) * * * 

(C) Fish under the Regular B DAS 

Pilot Program specified at § 648.85(b)(6); 

or 

(D) Fish in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7). 

* * * * * 

■ 3. In § 648.14, paragraphs (a)(143), 

(a)(148), (c)(67), (c)(68), (c)(70), and 

(c)(73) through (c)(77) are revised to 

read as follows: 

§ 648.14 Prohibitions. 

(a) * * * 

(143) If fishing under a NE 

multispecies DAS, fish in the Eastern 

U.S./Canada Haddock SAP Pilot 

Program specified in § 648.85(b)(8), 

unless declared into the program in 

accordance with § 648.85(b)(8)(v)(D). 

* * * * * 

(148) If fishing under a NE 

multispecies DAS in the Eastern U.S./ 

Canada Haddock SAP Pilot Program 

specified in § 648.85(b)(8), in the area 

specified in § 648.85(b)(8)(ii), during the 

season specified in § 648.85(b)(8)(iv), 

fail to comply with the restrictions 

specified in § 648.85(b)(8)(v). 

* * * * * 

(c) * * * 

(67) If fishing in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7), fail to comply with the 

requirements and conditions specified 

in § 648.85(b)(7)(iv), and (b)(7)(v) or 

(b)(7)(vi), whichever is applicable. 

(68) If fishing in the CA I Hook Gear 

Haddock Access Area specified in 

§ 648.85(b)(7)(ii), fail to comply with the 

requirements and conditions specified 

in § 648.85(b)(7)(iv), and (b)(7)(v) or 

(b)(7)(vi), whichever is applicable. 

* * * * * 

(70) If fishing in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7), fail to comply with the 

DAS use restrictions specified in 

§ 648.85(b)(7)(iv)(A), and (b)(7)(v)(A) or 

(b)(7)(vi)(A), whichever is applicable. 

* * * * * 

(73) If fishing in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7), fail to comply with the 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54307 

VMS declaration requirement specified 

in § 648.85(b)(7)(iv)(D). 

(74) If fishing in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7), fail to comply with the 

gear restrictions specified in 

§ 648.85(b)(7)(iv)(E), and (b)(7)(v)(B) or 

(b)(7)(vi)(B), whichever is applicable. 

(75) If fishing in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7), fail to comply with the 

landing limits specified in 

§ 648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or 

(b)(7)(vi)(C), whichever is applicable. 

(76) If fishing in the CA I Hook Gear 

Haddock SAP specified in 

§ 648.85(b)(7), fail to comply with the 

reporting requirement specified in 

§ 648.85(b)(7)(v)(D) or (b)(7)(vi)(D), 

whichever is applicable. 

(77) Fish in the CA I Hook Gear 

Haddock Access Area specified in 

§ 648.85(b)(7)(ii), if that area is closed as 

specified in § 648.85(b)(7)(iv)(I) or 

(b)(7)(vi)(F). 

* * * * * 

■ 4. In § 648.85, paragraph (a) 

introductory text and paragraphs 

(b)(5)(ii), (b)(7)(i), (b)(7)(iii), (b)(7)(iv), 

(b)(7)(v), (b)(8)(v)(A)(2), (b)(8)(v)(A)(3), 

(b)(8)(v)(B), (b)(8)(v)(C), (b)(8)(v)(E), 

(b)(8)(v)(H), and (b)(8)(v)(L) are revised, 

and paragraph (b)(7)(vi) is added to read 

as follows: 

§ 648.85 Special management programs. 

(a) U.S./Canada Resource Sharing 

Understanding. No NE multispecies 

fishing vessel, or person on such vessel, 

may enter, fish in, or be in the U.S./ 

Canada Resource Sharing 

Understanding Management Areas 

(U.S./Canada Management Areas), as 

defined in paragraph (a)(1) of this 

section, unless the vessel is fishing in 

accordance with the restrictions and 

conditions of this section. These 

restrictions do not preclude fishing 

under an approved Special Access 

Program specified under paragraph (b) 

of this section. 

* * * * * 

(b) * * * 

(5) * * * 

(ii) GB cod. The incidental TAC for 

GB cod specified in this paragraph 

(b)(5), shall be subdivided as follows: 50 

percent to the Regular B DAS Pilot 

Program, described in paragraph (b)(6) 

of this section; 16 percent to the CA I 

Hook Gear Haddock SAP, described in 

paragraph (b)(7) of this section; and 34 

percent to the Eastern U.S./Canada 

Haddock SAP Pilot Program, described 

in paragraph (b)(8) of this section. 

* * * * * 

(7) * * * 

(i) Eligibility. Vessels issued a valid 

limited access NE multispecies DAS 

permit are eligible to participate in the 

CA I Hook Gear Haddock SAP, and may 

fish in the CA I Hook Gear Haddock 

Access Area, as described in paragraph 

(b)(7)(ii) of this section, for the season 

specified in paragraph (b)(7)(iii) of this 

section, provided such vessels comply 

with the requirements of this section, 

and provided the SAP is not closed 

according to the provisions specified 

under paragraph (b)(7)(iv)(I) or 

(b)(7)(vi)(F) of this section. Copies of a 

chart depicting this area are available 

from the Regional Administrator upon 

request. 

* * * * * 

(iii) Season. The overall season for the 

CA I Hook Gear Haddock SAP is 

October 1 through December 31, which 

is divided into two participation 

periods, one for Sector and one for nonSector vessels. For the 2005 fishing year, 

the only participation period in which 

eligible Sector vessels may fish in the 

CA I Hook Gear Haddock SAP is from 

October 1 through November 15. For the 

2005 fishing year, the only participation 

period in which eligible non-Sector 

vessels may fish in the SAP is from 

November 16 through December 31. For 

the 2006 fishing year and beyond, these 

participation periods shall alternate 

between Sector and non-Sector vessels 

such that, in fishing year 2006, the 

participation period for non-Sector 

vessels is October 1 through November 

15, and the participation period for 

Sector vessels is November 16 through 

December 31. The Regional 

Administrator may adjust the start date 

of the second participation period prior 

to November 16 if the haddock TAC for 

the first participation period specified 

in paragraph (b)(7)(iv)(G) of this section 

is harvested prior to November 15. 

(iv) General program restrictions. 

General program restrictions specified 

in this paragraph (b)(7)(iv) apply to all 

eligible vessels as specified in paragraph 

(b)(7)(i) of this section. Further program 

restrictions specific to Sector and nonSector vessels are specified in 

paragraphs (b)(7)(iii), (v), and (vi) of this 

section. 

(A) DAS use restrictions. A vessel 

fishing in the CA I Hook Gear Haddock 

SAP may not initiate a DAS flip. A 

vessel is prohibited from fishing in the 

CA I Hook Gear Haddock SAP while 

making a trip under the Regular B DAS 

Pilot Program described under 

paragraph (b)(6) of this section. 

(B) VMS requirement. An eligible NE 

multispecies DAS vessel fishing in the 

CA I Hook Gear Haddock SAP specified 

in this paragraph (b)(7) must have 

installed on board an operational VMS 

unit that meets the minimum 

performance criteria specified in 

§§ 648.9 and 648.10. 

(C) Observer notifications. Starting in 

the 2006 fishing year, to be eligible to 

participate in the CA I Hook Gear 

Haddock SAP, a vessel must notify the 

NMFS Observer Program by September 

1 of its intent to participate in that year. 

For the 2005 fishing year, for non-Sector 

vessels to be eligible to participate, nonSector vessels must notify the NMFS 

Observer Program by October 24. This 

notification need not include specific 

information about the date of the trip. 

For the purpose of selecting vessels for 

observer deployment, a vessel must 

provide notice to NMFS of the vessel 

name; contact name for coordination of 

observer deployment; telephone number 

for contact; and date, time, and port of 

departure at least 72 hours prior to the 

beginning of any trip that it declares 

into the CA I Hook Gear Haddock SAP, 

as required in paragraph (b)(7)(iv)(D) of 

this section, and in accordance with 

instructions provided by the Regional 

Administrator. 

(D) VMS declaration. Prior to 

departure from port, a vessel intending 

to participate in the CA I Hook Gear 

Haddock SAP must declare into the SAP 

via VMS, and indicate the type of DAS 

that it intends to fish. A vessel declared 

into the CA I Hook Gear Haddock SAP 

may fish only on a declared trip in the 

CA I Hook Gear Haddock Special Access 

Area described under paragraph 

(b)(7)(ii) of this section. 

(E) Gear restrictions. A vessel 

declared into and fishing in the CA I 

Hook Gear Haddock SAP may fish with 

and possess on board demersal longline 

gear or tub trawl gear only, unless 

further restricted as specified under 

paragraph (b)(7)(v)(B) of this section. 

(F) Haddock TAC. The maximum 

total amount of haddock that may be 

caught (landings and discards) in the 

CA I Hook Gear Haddock SAP Area in 

any fishing year is 1,000 mt. The 

maximum amount of haddock that may 

be caught is divided between the two 

participation periods as follows: 500 mt 

for the October 1 - November 15 

participation period, and 500 mt for the 

November 16 - December 31 

participation period, as specified in 

paragraph (b)(7)(iii) of this section. The 

Regional Administrator may adjust the 

500–mt quota for the second 

participation period to account for 

under- or over-harvest of the 500–mt 

haddock quota (landings and discards) 

that occurred in the first participation 

period, not to exceed the overall 

haddock TAC specified in this 

paragraph (b)(7)(iv)(F). 

54308 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

(G) Trip restrictions. A vessel is 

prohibited from deploying fishing gear 

outside of the CA I Hook Gear Haddock 

SAP Area on the same fishing trip on 

which it is declared into the CA I Hook 

Gear Haddock SAP. 

(H) Landing limits. For all eligible 

vessels declared into the CA I Hook 

Gear Haddock SAP described in 

paragraph (b)(7)(i) of this section, 

landing limits for NE multispecies other 

than cod, which are specified at 

paragraphs (b)(7)(v)(C) and (b)(7)(vi)(C) 

of this section, are as specified at 

§ 648.86. 

(I) Mandatory closure of CA I Hook 

Gear Haddock Access Area. When the 

Regional Administrator determines that 

the haddock TAC specified in paragraph 

(b)(7)(iv)(F) of this section has been 

caught, NMFS shall close, through 

rulemaking consistent with the 

Administrative Procedure Act, the CA I 

Hook Gear Haddock SAP Area as 

specified in paragraph (b)(7)(ii) of this 

section, to all eligible vessels. 

(v) Sector vessel program restrictions. 

In addition to the general program 

restrictions specified at paragraph 

(b)(7)(iv) of this section, the restrictions 

specified in this paragraph (b)(7)(v) 

apply only to Sector vessels declared 

into the CA I Hook Gear Haddock SAP. 

(A) DAS use restrictions. Sector 

vessels fishing in the CA I Hook Gear 

Haddock SAP may use Category A, 

Regular B, or Reserve B DAS, in 

accordance with § 648.82(d). 

(B) Gear restrictions. A vessel enrolled 

in the Sector is subject to the gear 

requirements of the Sector Operations 

Plan as approved under § 648.87(d). 

(C) Landing limits. A Sector vessel 

declared into the CA I Hook Gear 

Haddock SAP described in paragraph 

(b)(7)(i) of this section is subject to the 

cod landing limit in effect under the 

Sector’s Operations Plan as approved 

under § 648.87(d). 

(D) Reporting requirements. The 

owner or operator of a Sector vessel 

declared into the CA I Hook Gear 

Haddock SAP must submit reports to 

the Sector Manager, with instructions to 

be provided by the Sector Manager, for 

each day fished in the CA I Hook Gear 

Haddock SAP Area. The Sector Manager 

will provide daily reports to NMFS, 

including at least the following 

information: Total weight (lb/kg) of cod 

and haddock kept, and total weight (lb/ 

kg) of cod and haddock discarded. 

(E) GB cod incidental catch TAC. 

There is no GB cod incidental catch 

TAC specified for Sector vessels 

declared into the CA I Hook Gear 

Haddock SAP. All cod caught by Sector 

vessels fishing in the SAP count toward 

the Sector’s annual GB cod TAC, 

specified in § 648.87(d)(1)(iii). 

(vi) Non-Sector vessel program 

restrictions. In addition to the general 

program restrictions specified in 

paragraph (b)(7)(iv) of this section, the 

restrictions specified in this paragraph 

(b)(7)(vi) apply only to non-Sector 

vessels declared into the CA I Hook 

Gear Haddock SAP. 

(A) DAS use restrictions. Non-Sector 

vessels fishing in the CA I Hook Gear 

Haddock SAP may use Regular B or 

Reserve B DAS, in accordance with 

§ 648.82(d)(2)(i)(A) and (d)(2)(ii)(A). A 

non-Sector vessel is prohibited from 

using A DAS when declared into the 

SAP. 

(B) Gear restrictions. A non-Sector 

vessel declared into the CA I Hook Gear 

Haddock SAP is exempt from the 

maximum number of hooks restriction 

specified in § 648.80(a)(4)(v). 

(C) Landing limits. A non-Sector 

vessel declared into the CA I Hook Gear 

Haddock SAP described in paragraph 

(b)(7)(i) of this section may not land, 

fish for, or possess on board more than 

1,000 lb (453.6 kg) of cod per trip. A 

non-Sector vessel is not permitted to 

discard legal-sized cod prior to reaching 

the landing limit, and is required to end 

its trip if the cod trip limit is achieved 

or exceeded. 

(D) Reporting requirements. The 

owner or operator of a non-Sector vessel 

declared into the CA I Hook Gear 

Haddock SAP must submit reports via 

VMS, in accordance with instructions to 

be provided by the Regional 

Administrator, for each day fished in 

the CA I Hook Gear Haddock SAP Area. 

The reports must be submitted in 24–hr 

intervals for each day fished, beginning 

at 0000 hr and ending at 2400 hr. The 

reports must be submitted by 0900 hr of 

the day following fishing. The reports 

must include at least the following 

information: Total weight (lb/kg) of cod 

and haddock kept, and total weight (lb/ 

kg) of cod and haddock discarded. 

(E) GB cod incidental catch TAC. The 

maximum amount of GB cod (landings 

and discards) that may be cumulatively 

caught by non-Sector vessels from the 

CA I Hook Gear Haddock Access Area 

in a fishing year is the amount specified 

under paragraph (b)(5)(ii) of this section. 

(F) Mandatory closure of CA I Hook 

Gear Haddock Access Area due to catch 

of GB cod incidental catch TAC. When 

the Regional Administrator determines 

that the GB cod incidental catch TAC 

specified in paragraph (b)(7)(vi)(E) of 

this section has been caught, NMFS 

shall close, through rulemaking 

consistent with the Administrative 

Procedure Act, the CA I Hook Gear 

Haddock Access Area to all non-Sector 

fishing vessels. 

(8) * * * 

(v) * * * 

(A) * * * 

(2) A vessel that is declared into the 

Eastern U.S./Canada Haddock SAP Pilot 

Program, described in paragraph (b)(8)(i) 

of this section, may fish, on the same 

trip, in the Eastern U.S./Canada 

Haddock SAP Area and in the CA II 

Yellowtail Flounder Access Area, 

described in paragraph (b)(3)(ii) of this 

section, under either a Category A DAS 

or a Category B DAS. 

(3) A vessel may choose, on the same 

trip, to fish in either/both the Eastern 

U.S./Canada Haddock SAP Program and 

the CA II Yellowtail Flounder Access 

Area, and in that portion of the Eastern 

U.S./Canada Area described in 

paragraph (a)(1)(ii) of this section that 

lies outside of these two SAPs, provided 

the vessel fishes under a Category A 

DAS and abides by the VMS restrictions 

of paragraph (b)(8)(v)(D) of this section. 

* * * * * 

(B) VMS requirement. A NE 

multispecies DAS vessel fishing in the 

Eastern U.S./Canada Haddock SAP 

Program specified under paragraph 

(b)(8)(i) of this section, must have 

installed on board an operational VMS 

unit that meets the minimum 

performance criteria specified in 

§§ 648.9 and 648.10. 

(C) Observer notifications. For the 

purpose of selecting vessels for observer 

deployment, a vessel must provide 

notice to NMFS of the vessel name; 

contact name for coordination of 

observer deployment; telephone number 

for contact; areas to be fished; and date, 

time, and port of departure at least 72 

hours prior to the beginning of any trip 

that it declares into the Eastern U.S./ 

Canada Haddock SAP Program specified 

in paragraph (b)(8)(i) of this section, as 

required under paragraph (b)(8)(v)(D) of 

this section, and in accordance with 

instructions provided by the Regional 

Administrator. 

* * * * * 

(E) Gear restrictions. A NE 

multispecies vessel fishing in the 

Eastern U.S./Canada Haddock SAP Pilot 

Program must use one of the haddock 

separator trawl nets authorized for the 

Eastern U.S./Canada Area, as specified 

in paragraph (a)(3)(iii)(A) of this section. 

No other type of fishing gear may be on 

the vessel when participating on a trip 

in the Eastern U.S./Canada Haddock 

SAP Program, with the exception of a 

flounder net as described in paragraph 

(a)(3)(iii) of this section, provided the 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54309 

flounder net is stowed in accordance 

with § 648.23(b). 

* * * * * 

(H) Incidental cod TAC. The 

maximum amount of GB cod (landings 

and discards) that may be caught when 

fishing in the Eastern U.S./Canada 

Haddock SAP Program in a fishing year, 

by vessels fishing under a Category B 

DAS, as authorized in paragraph 

(b)(8)(v)(A) of this section, is the amount 

specified in paragraph (b)(5)(ii) of this 

section. 

* * * * * 

(L) General closure of the Eastern 

U.S./Canada Haddock SAP Area. The 

Regional Administrator, based upon 

information required under § 648.7, 

648.9, 648.10, or 648.85, and any other 

relevant information may, through 

rulemaking consistent with the 

Administrative Procedure Act, close the 

Eastern U.S./Canada Haddock SAP Pilot 

Program for the duration of the season, 

if it is determined that continuation of 

the Eastern U.S./Canada Haddock SAP 

Pilot Program would undermine the 

achievement of the objectives of the 

FMP or the Eastern U.S./Canada 

Haddock SAP Pilot Program. 

* * * * * 

[FR Doc. 05–18229 Filed 9–9–05; 12:44 pm] 

BILLING CODE 3510–22–S