[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65618-65631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30821]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611 and 655

[Docket No. 951208293-5293-01; I.D. 110995B]
RIN 0648-AF01


Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 5

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement the measures 
contained in Amendment 5 to the Fishery Management Plan for the 
Atlantic Mackerel, Squid, and Butterfish Fisheries (FMP). Amendment 5 
is intended to further the Americanization of the fisheries and to 
implement measures to prevent overfishing and avoid overcapitalization 
of the domestic fleet.

DATES: Comments on the proposed rule must be received on or before 
January 29, 1996.

ADDRESSES: Comments on the proposed rule should be sent to: Dr. Andrew 
A. Rosenberg, Regional Director, National Marine Fisheries Service, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930-
2298. Mark the outside of the envelope, ``Comments on Amendment 5 
Atlantic Mackerel, Squid, and Butterfish.''
    Comments regarding the burden-hour estimates or any other aspect of 
the collection-of-information requirements contained in this proposed 
rule should be sent to the Northeast Regional Director at the address 
above and the Office of Management and Budget (OMB) (Attention: NOAA 
Desk Officer), Washington, D.C. 20503.
    Copies of the Amendment, final environmental impact statement, 
regulatory impact review, and other supporting documents are available 
upon request from David R. Keifer, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19901-6790.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
508-281-9104. 

[[Page 65619]]


SUPPLEMENTARY INFORMATION:

Background

    Amendment 5 was developed in response to concerns regarding 
overcapitalization expressed by industry representatives at several 
meetings of the Mid-Atlantic Fishery Management Council (Council) and 
its Squid, Mackerel, and Butterfish (SMB) Committee in the early 
1990's. Increases in domestic squid landings and a stagnation in the 
growth of butterfish landings at well below the maximum sustainable 
yield (MSY) for that species moved the Council to develop this 
comprehensive amendment.
    At its July, 1992, meeting, the Council voted to publish a notice 
of control date for the Atlantic mackerel, squid, and butterfish 
fisheries. The control date established was August 13, 1992 (57 FR 
36384, August 13, 1992). This notice informed the public that the 
Council was considering a moratorium on vessel permits issued for these 
fisheries. At its July, 1994, meeting, the Council reconsidered the 
need for a control date for the Atlantic mackerel fishery. The data the 
Council reviewed indicated the catch and fishing effort had decreased 
in 1993 and 1994, while stock biomass remained high. In response, the 
Council rescinded the control date for the Atlantic mackerel fishery 
(59 FR 49235, September 27, 1994). Initial public scoping meetings to 
discuss possible management measures for SMB took place in January, 
1993, at which time the vessel moratorium, mesh restrictions, and area 
and seasonal closures were identified as measures for consideration. A 
public hearing draft of Amendment 5 was adopted by the Council at its 
June, 1994, meeting and presented at public hearings in December, 1994. 
As a result of issues raised at the hearings, the Council voted in 
February, 1995, to issue a supplement to Amendment 5 that contained 
revisions to the Loligo minimum mesh net requirement and the qualifying 
criteria for the vessel moratoria. Public hearings were conducted in 
April, 1995, to present the revised Amendment. The Council adopted 
Amendment 5 on May 25, 1995, for submission to NMFS for Secretarial 
review.

Status of the Stocks

    In 1993, the 17th Northeast Regional Stock Assessment Workshop 
(17th SAW) was convened to examine the status of several species, 
including Illex and Loligo squid and butterfish.
    Results of SAW 17, as indicated in the March, 1994, plenary report, 
estimated MSY for Loligo squid to be 36,000 metric tons (mt) based on 
the finding that the Loligo has a life span of one year rather than 
three, as previously believed. The present MSY for Loligo squid is 
specified in the FMP as 44,000 mt, based on the assumption that Loligo 
squid has a 3-year life span. The 17th SAW advised that Loligo is 
considered to be fully utilized when based on the revised MSY of 36,000 
mt.
    The present MSY for Illex is specified in the FMP as 30,000 mt and 
is based on the disproven assumption that the life span of these 
animals is 2 years. Though the 17th SAW determined that Illex also has 
a life span of 1 year, it did not recommend revising the MSY. Instead, 
the 17th SAW recommended that, since Illex is a transboundary stock 
between the United States and Canada, a joint assessment should be 
conducted before a revised MSY could be recommended. However, the 17th 
SAW advised that the current MSY for Illex may be inappropriate and 
cautioned that, while the stock is under-exploited based on current 
MSY, the potential for recruitment overfishing may be substantial.
    The exploitation rate for butterfish is unknown. However, the stock 
is at a low-to-medium biomass level and current catch levels are well 
below the MSY of 16,000 mt. The adult component of the stock has 
declined since 1990 and is currently well below average. It is 
estimated that 50 percent of the harvest of butterfish over the past 
several years has been discarded due to both the relatively small size 
of the fish and the lack of markets. The largest butterfish landings in 
recent years have been made as bycatch in the Loligo squid fishery.
    At the time the Council was developing and adopting Amendment 5, 
the most recent stock assessment for Atlantic mackerel was that done in 
1991, when the 12th SAW assessed the stock as underexploited with a 
high biomass. That assessment indicated that, following a period of 
poor year classes from 1976 through 1980, there were several years with 
relatively good recruitment, yielding especially strong year classes in 
1982, 1987, and 1988. These cohorts contributed to a marked increase in 
stock biomass. Estimated spawning stock biomass was 3,010,000 mt in 
1991 with an exploitation rate of 2 percent.
    The recently concluded 20th SAW determined that, based on the 1994 
stock assessment, the Atlantic mackerel stock continues to be under-
exploited and at a high biomass level. The exploitation rate of two 
percent has not changed. The 20th SAW further concluded that the long-
term potential catch (LTPC) projected for the Canadian and U.S. 
Atlantic mackerel combined was approximately 150,000 mt. This 
represents an increase of 16,000 mt from the previous LTPC value of 
134,000 mt. The LTPC is the estimate of allowable annual catch levels 
that would sustain the fishery for several years.

Management Measures

    NMFS is requesting comment on all measures contained in Amendment 
5. However, NMFS has serious concerns about the proposed criteria for 
entry into the fisheries for the squids and butterfish, the exemption 
proposed for the sea herring fishery, the Council's proposal to 
constrain ABC by the LTPC value, and the use of the 50-fathom curve as 
a boundary for the exemption from the minimum mesh size for Loligo 
during prosecution of the summer Illex fishery. Because of NMFS' 
concerns regarding the enforceability of the 50-fathom curve as a 
boundary, NMFS proposes a set of latitude-longitude coordinates to 
achieve the Council's intent in an enforceable manner. While comment is 
sought on all measures contained in the proposed rule, NMFS asks the 
public to focus on these measures in particular, to assist in 
conducting a thorough and deliberative review of the amendment before 
final approval or disapproval by the Secretary of Commerce (Secretary).
    In addition, NMFS notes that the provision contained in Amendment 5 
that would require the Secretary to publish a control date for the 
Atlantic mackerel fishery when commercial landings reach 50 percent of 
allowable biological catch (ABC) is not included in this proposed rule. 
NMFS does not consider this provision to be a management measure to be 
implemented by a fishery management plan. Rather, it is viewed as a 
statement of Council intent; NMFS expects that the Council will 
recommend the publication of a notice of control date when it deems 
this action necessary.
    The permit and reporting requirements and revision to the annual 
specification process, if approved, will be implemented for the 1997 
fishing year. Other provisions may be effective prior to that time.

Elimination of the Potential for Joint Ventures and Directed Foreign 
Fishing for the Squids and Butterfish

    The Council proposes to eliminate foreign participation in these 
fisheries. Joint ventures and total allowable levels of foreign fishing 
(TALFF) have not been allocated for squid or butterfish since the mid-
1980's. The Council concluded that the domestic fleet has the capacity 
to harvest the OY from 

[[Page 65620]]
these fisheries. However, joint venture and TALFF allocations for 
Atlantic mackerel may continue. If there is TALFF specified for 
Atlantic mackerel, there will be butterfish bycatch TALFF allocated 
that is equal to 0.08 percent of the mackerel TALFF, in order to reduce 
waste of bycatch in that fishery. The definitions of ``other allocated 
species'' and ``prohibited species'' at 50 CFR 611.50(b) are modified 
accordingly, to make squids ``prohibited species.''

MSY for Loligo Squid

    The Council would revise the MSY for Loligo squid to 36,000 mt from 
44,000 mt. The revision is based on the finding that the squid has a 
one-year life span. The stock is considered to be fully-exploited.

Spawning Stock Biomass (SSB) and LTPC for Atlantic Mackerel

    The FMP currently specifies ABC for Atlantic mackerel as that U.S. 
catch that would yield an SSB of 600,000 mt. The Council would revise 
this threshold upward to 900,000 mt to promote recruitment. A time 
series based on the 1991 assessment found that the median year class 
size for years 1962-93, inclusive, was 1.277 billion fish. When the SSB 
was less than 900,000 mt, only 35 percent of the ensuing year classes 
were observed to be above the median. Conversely, 82 percent of the 
year classes were above the median recruitment level when SSB exceeded 
900,000 mt.
    The Council would also constrain ABC with a derived LTPC. The 
current LTPC specified annually by the Council would be 150,000 mt 
minus the projected annual Canadian catch. Therefore, at present, if 
this measure were approved, ABC could be no larger than 150,000 mt and 
is likely to be less. The Council believes that management of Atlantic 
mackerel should be based on long-term yield projections. However, NMFS 
is concerned about the fact that Atlantic mackerel stock abundance is 
very high currently, and that limiting ABC by LTPC may be overly 
constraining in the short term. The 20th SAW states that at current 
stock abundance amounts, Atlantic mackerel landings of 200,000 mt could 
be sustained for several years because of foregone yield in the fishery 
recently.

Seasonal Quota for Loligo Squid

    This management measure would give the Regional Director authority 
to establish annual seasonal quotas for Loligo based on the 
recommendations of the Atlantic Mackerel, Squid, and Butterfish 
Monitoring Committee (Monitoring Committee) and the Council. Such 
quotas are intended to ensure sufficient escapement of Loligo squid 
from the offshore winter fishery to allow for catches in traditional 
inshore fisheries.

Moratorium on Vessel Permits for Butterfish and Squids

    The Council would establish a moratorium on new vessel permits for 
the directed fisheries for butterfish and the squids. The Council would 
also establish a vessel permit category open to all vessels, which 
would allow a vessel to retain up to 2,500 lb (1.13 mt) of each species 
per trip. This incidental catch level could be adjusted annually.
    Moratorium permits would be issued for Loligo squid and butterfish 
jointly and Illex squid separately. In the November, 1994, public 
hearing draft, the time horizon that served as a basis for qualifying 
for the moratoria permits was August 13, 1988, to August 13, 1993. 
Landings requirements proposed at that time were 5,000 lb (2.27 mt) in 
one week for Loligo squid or butterfish and five separate trips of at 
least 5,000 lb (2.27 mt) each for Illex. Furthermore, it was proposed 
that vessels would qualify for the Illex permit if owners had purchased 
refrigerated sea water equipment or an on-board freezer by May 31, 
1994, and had landed five trips of at least 5,000 lb (2.27 mt) prior to 
the promulgation of the final regulations implementing Amendment 5. 
Under both moratoria, vessel replacement would be allowed if a 
qualifying vessel leaves the fishery involuntarily; for example, if it 
sinks.
    Comments during the public hearings held in December, 1994, 
indicated that the industry believed the qualification period for the 
Illex squid permit should be extended back to August 13, 1981. This 
revision would allow the catch history of vessels that participated in 
the foreign joint venture fishery prior to 1988 to qualify them for a 
moratorium permit. At the February 23, 1995, SMB Committee meeting, 
industry representatives argued that it would not be fair to limit the 
extension of the qualification period to the Illex fishery only, 
convincing the Committee to recommend that the Council extend the 
qualification period back to 1981, for both the Illex and Loligo/
butterfish moratoria permits. Furthermore, the SMB Committee believed 
that the Loligo/butterfish landing criterion was not in line with 
active participation in these fisheries. It recommended requiring 
20,000 lb (9.07 mt) to have been landed in any 30-consecutive-day 
period during the qualification period. The Council accepted the SMB 
Committee's recommendations at its March, 1995, meeting. However, since 
these changes to the Public Hearing Draft regarding qualifying 
conditions were viewed as substantive, a Supplemental Public Hearing 
Draft was developed and presented at public hearings in April, 1995. 
After taking into account public comment, the Council adopted the 
revised qualifying criteria in May, 1995.

Party or Charter Boat Permit

    The owner of a party or charter boat (vessel for hire) would be 
required to obtain an SMB party or charterboat permit. A party or 
charter vessel obtaining this permit could also have a commercial 
permit for Atlantic mackerel or a commercial moratorium permit for 
Illex squid and/or Loligo/butterfish if the vessel meets the qualifying 
criteria. However, such a vessel would be prohibited from fishing 
commercially when carrying passengers for a fee.

Atlantic Mackerel Permit

    Although a moratorium would not exist on entry into the Atlantic 
mackerel fishery, an Atlantic mackerel permit would be required to 
harvest and sell Atlantic mackerel. Vessels receiving permits for the 
Atlantic mackerel fishery would be required to comply with the 
requirements implemented under the FMP, including recordkeeping and 
reporting.

Operator Permit

    An operator of a vessel with a permit issued under this FMP would 
be required to have an operator permit issued by the Northeast Region, 
NMFS. The operator permits issued to operators in the fisheries for 
Northeast multispecies, American lobster, and Atlantic sea scallops 
would satisfy this requirement. The operator would be held accountable 
for violations of the fishing regulations and would be subject to a 
permit sanction. During the permit sanction period, the operator could 
not work in any capacity aboard a federally permitted fishing vessel.

Transfers at Sea

    Only vessels issued a moratorium permit would be allowed to 
transfer Loligo squid, Illex squid, or butterfish at sea. This 
provision is intended to enhance enforcement of the incidental catch 
allowance for vessels without moratorium permits, which is currently 
specified as 2,500 lb (1.13 mt) of Illex, Loligo, or butterfish per 
trip.

Reporting and Recordkeeping

    The Council intends to institute recordkeeping and reporting 

[[Page 65621]]
    requirements in the FMP that are identical to those required by the 
Summer Flounder, Northeast Multispecies, and Atlantic Sea Scallop 
Fishery Management Plans.
    Commercial logbooks would be submitted on a monthly basis by vessel 
owners in order to monitor the fishery. Real-time assessment and 
management of the Loligo and Illex resources may be necessary due to 
the risk of overfishing stocks comprised of only a single cohort. The 
Council proposes that the Regional Director specify, during the first 
year of implementation, the data elements and reporting mechanism 
required to establish a real-time assessment and management program for 
the annual squid species. The Council would investigate the feasibility 
of such a management system in year 2 of the management program. 
Operators of party and charter boats with Federal permits would also be 
required to provide catch information on logbooks submitted monthly.
    Dealers with permits issued pursuant to the FMP would submit weekly 
reports showing species purchased in pounds, and the name and permit 
number of the vessels from which the aforementioned species were 
purchased. Buyers that do not purchase directly from vessels would not 
be required to submit reports under this provision.

Minimum Mesh Size Requirement for Loligo Squid

    The minimum mesh size requirement for the Loligo squid fishery and 
exemptions from that requirement would be established on a framework 
basis. These provisions could be changed by the Regional Director based 
upon the recommendation of the Council. This amendment proposes that 
initially, otter trawl vessels possessing one pound (0.45 kg) or more 
of Loligo squid be required to fish with nets having a minimum mesh 
size of 1-7/8 inch (48-mm) diamond mesh, inside stretch measure, 
applied throughout the net including the body and codend. A liner would 
be allowed to close the opening created by the rings in the rearmost 
portion of the codend, provided that it does not extend more than ten 
meshes forward from the rearmost portion of the codend. Net 
strengtheners, ropes, lines, or chafing gear on the outer portion of 
the trawl net would be required to have a mesh opening of at least 4.5 
inches (115 mm), inside stretch measure. This provision would be 
implemented as a fishery measure that could be adjusted annually by the 
Regional Director, based upon a recommendation by the Council.
    There are two proposed exemptions from the minimum mesh size 
requirement for Loligo. The first would exempt vessels fishing for 
Illex during the months of June, July, August, and September seaward of 
the 50-fathom curve. The second would exempt vessels participating in 
the directed fishery for sea herring, provided that 75 percent or more 
of their catch, by weight, is comprised of sea herring.
    NMFS Office of Enforcement and the Coast Guard have expressed 
concern about the enforceability of an exemption area defined by a 
fathom curve, so NMFS proposes a set of latitude-longitude coordinates 
intended to follow closely the 50-fathom curve and achieve the 
Council's intent in an enforceable manner. These law enforcement 
agencies are also concerned with the feasibility of the proposed sea 
herring exemption because of the difficulties in ascertaining relative 
percentages of the catch. After receiving public comment on these 
exemptions, NMFS will determine how best to administer these 
provisions, should they be approved.

Classification

    Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
NMFS to publish regulations proposed by a Council within 15 days of 
receipt of the amendment and proposed regulations. At this time, NMFS 
has not determined that the amendment these rules would implement is 
consistent with the national standards, other provisions of the 
Magnuson Act, and other applicable law. NMFS, in making that 
determination, will take into account the information, views, and 
comments received during the comment period.
    The General Counsel of the Department of Commerce certified to the 
Chief Counsel for Advocacy, Small Business Administration, that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities. The provisions that would be 
implemented by Amendment 5 would prevent overcapitalization of these 
fisheries relative to abundance and availability of the stocks of 
Loligo, Illex, and butterfish. Amendment 5, as indicated in the initial 
regulatory flexibility analysis prepared by the Council, would 
essentially maintain the status quo, in terms of revenues for 
participants in the fishery, since the proposed limited entry measures 
would include historical participants in the fisheries. Proposed 
measures would not substantially affect more than 20 percent of the 
present participants in these fisheries and would not directly increase 
or decrease utilization or production of the affected species resulting 
in a change in expected revenues of greater than 5 percent.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). Mandatory dealer 
reporting and annual employment data reporting have been approved by 
OMB under control numbers 0648-0229 and 0648-0018, respectively. Dealer 
reporting responses are estimated to take 2 minutes and employment data 
responses 6 minutes. The proposed rule also contains new requirements 
that have been submitted to OMB for approval. These requirements and 
their estimated response times are: vessel permits and vessel permit 
appeals at 30 minutes per response, operator permits at one hour per 
response, dealer permits at 5 minutes per response, and an observer 
notification requirement at 2 minutes per response.
    The response estimates shown include the time for reviewing 
instructions, searching exiting data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding any of these burden estimates or 
any other aspect of the collection of information to NMFS or OMB at the 
ADDRESSES above. Notwithstanding any other provision of the 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 PRA, unless that collection of information 
displays a currently valid OMB Control Number.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects

50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements.

50 CFR Part 655

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 14, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 611 and 655 
are proposed to be amended as follows:

PART 611--FOREIGN FISHING

    1. The authority citation for part 611 continues to read as 
follows:

 
[[Page 65622]]

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 971 et seq., 22 
U.S.C. 1971 et seq., and 16 U.S.C. 1361 et seq.

    2. In Sec. 611.50, paragraphs (b)(3) and (b)(4)(i) and (b)(4)(ii) 
are revised to read as follows:


Sec. 611.50  Northwest Atlantic Ocean fishery.

* * * * *
    (b) * * *
    (3) TALFF. The TALFFs for the Northwest Atlantic Ocean fishery are 
published in the Federal Register. Current TALFFs are also available 
from the Regional Director. The procedures for determining and 
adjusting the Atlantic mackerel TALFF is set forth in 50 CFR part 655.
    (4) * * *
    (i) The other allocated species, namely: Atlantic herring, Atlantic 
mackerel, butterfish (as a bycatch of Atlantic mackerel), and river 
herring (including alewife, blueback herring, and hickory shad); and
    (ii) The prohibited species, namely: American plaice, American 
shad, Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic 
salmon, all marlin, all spearfish, sailfish, swordfish, black sea bass, 
bluefish, croaker, haddock, ocean pout, pollock, red hake, scup, sea 
turtles, sharks (except dogfish), silver hake, spot, striped bass, 
summer flounder, tilefish, yellowtail flounder, weakfish, white hake, 
short-finned squid, long-finned squid, windowpane flounder, winter 
flounder, witch flounder, Continental Shelf fishery resources, and 
other invertebrates (except non-allocated squids).
* * * * *
    3. Part 655 is revised to read as follows:

PART 655--ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERIES

Subpart A--General Provisions

Sec.
655.1  Purpose and scope.
655.2  Definitions.
655.3  Relation to other laws.
655.4  Vessel permits.
655.5  Operator permit.
655.6  Dealer permit.
655.7  Recordkeeping and reporting requirements.
655.8  Vessel identification.
655.9  Prohibitions.
655.10  Facilitation of enforcement.
655.11  Penalties.

Subpart B--Management Measures

655.20  Fishing year.
655.21  Maximum optimum yields.
655.22  Procedures for determining initial amounts.
655.23  Closure of the fishery.
655.24  Time and area restrictions for directed foreign fishing.
655.25  Gear restrictions.
655.26  Minimum fish sizes. [Reserved]
655.27  Possession limits. [Reserved]
655.28  At-sea observer coverage.
655.29  Transfer-at-sea.
655.30  Experimental fishery.
Figure 1 to Part 655--Exemption line to minimum net mesh-size 
requirement for Loiigo squid.

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

Subpart A--General Provisions


Sec. 655.1  Purpose and scope.

    (a) The regulations in this part govern the conservation and 
management of Atlantic mackerel, Illex squid, Loligo squid, and 
butterfish.
    (b) The regulations governing fishing for Atlantic mackerel, Illex 
squid, Loligo squid, and butterfish by vessels other than vessels of 
the United States are contained in 50 CFR part 611.
    (c) This part implements the Fishery Management Plan for the 
Atlantic Mackerel, Squid, and Butterfish Fisheries of the Northwest 
Atlantic Ocean.


Sec. 655.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 620.2 of this chapter, the terms used in this part have the 
following meanings:
    Atlantic butterfish or butterfish means the species Peprilus 
triacanthus.
    Atlantic mackerel or mackerel means the species Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee or 
Monitoring Committee means a committee made up of staff representatives 
of the Mid-Atlantic and New England Fishery Management Councils, and 
the Northeast Regional Office and Northeast Fisheries Science Center of 
NMFS. The Council Executive Director or a designee chairs the 
Committee.
    Being rerigged means physical alteration of the vessel or its gear 
had begun to transform the vessel into one capable of fishing 
commercially for squid or butterfish.
    Blast freezer means a freezing system in which fish are frozen by 
being exposed to cold air being blown over them. The freezer must be 
designed for use on a fishing vessel rather than designed for 
residential or similar use.
    Charter or party boat means any vessel that carries passengers for 
hire to engage in fishing.
    Council means the Mid-Atlantic Fishery Management Council.
    Dealer means any person who receives squid, mackerel, or butterfish 
for a commercial purpose, other than solely for transport on land, from 
the owner or operator of a vessel issued a permit under Sec. 655.4.
    Fishery Management Plan (FMP) means the Fishery Management Plan for 
the Atlantic mackerel, squid, and butterfish fisheries of the Northwest 
Atlantic Ocean, as revised by subsequent amendments.
    Fishing for commercial purposes means any fishing or fishing 
activity that results in the harvest of Atlantic mackerel, squid, or 
butterfish, one or more of which (or parts thereof) is sold, traded, or 
bartered.
    Fishing trip or trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    Gross registered tonnage (GRT) means the gross tonnage specified on 
the U.S. Coast Guard documentation.
    Illex means the species Illex illecebrosus (short-finned or summer 
squid).
    Joint venture harvest means U.S.-harvested Atlantic mackerel 
transferred to foreign vessels in the EEZ.
    Land means to begin offloading fish or to offload fish at sea or on 
land, or to enter port with fish.
    Liner means a piece of mesh rigged inside the main or outer net.
    Loligo means the species Loligo pealei (long-finned or bone squid).
    Metric ton (mt) means 1,000 kg or 2,204.6 lb.
    Operator means the master, captain, or other individual on board a 
fishing vessel and in charge of that vessel's operations.
    Personal use means not for sale, barter, or trade.
    Plate freezer means a freezing system in which fish are frozen by 
contact with refrigerated plates. The freezer must be designed for use 
on a fishing vessel rather than designed for residential or similar 
use.
    Postmark means independently verifiable evidence of date of 
mailing, such as U.S. Postal Service postmark, United Parcel Service 
(U.P.S.) or other private carrier postmark, certified mail receipt, 
overnight mail receipt, or receipt received upon hand delivery to an 
authorized representative of NMFS.
    Recirculating sea water equipment means a refrigerated sea-water 
system in which the seawater cooled by mechanical refrigeration is 
circulated through tanks that contain fish.
    Recreational fishing means fishing that is not intended to, nor 
does result in, the barter, trade, or sale of fish.
    Recreational fishing vessel means any vessel from which no fishing 
other than recreational fishing is conducted. Charter and party boats 
are not considered recreational fishing vessels.
    Regional Director means the Regional Director, Northeast Region, 
National 

[[Page 65623]]
Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 01930-2298, 
or a designee.
    Reporting month means the period of time beginning at 0001 hours 
local time on the first day of each calendar month and ending at 2400 
hours local time on the last day of each calendar month.
    Reporting week means a period of time beginning at 0001 hours local 
time on Sunday and ending at 2400 hours local time the following 
Saturday.
    Squid means Loligo pealei and Illex illecebrosus.
    Substantially similar harvesting capacity means the same or less 
GRT and vessel registered length for commercial vessels.
    Total length (TL) means the distance from the tip of the snout to 
the tip of the tail (caudal fin) while the fish is lying on its side 
normally extended.
    Transfer means to begin to remove, to pass over the rail, or 
otherwise take away fish from any vessel and move them to another 
conveyance.
    Under construction means that the keel has been laid.
    Vessel registered length means the registered length specified on 
U.S. Coast Guard Documentation, or state registration if the state 
registered length is verified by a NMFS authorized official.


Sec. 655.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraphs (b) through (d) of this 
section.
    (b) Additional regulations governing domestic fishing for Northeast 
Multispecies, which affect this part, are found at 50 CFR part 651.
    (c) Additional regulations governing domestic fishing for summer 
flounder, which affect this part, are found at 50 CFR part 625.
    (d) Nothing in these regulations supersedes more restrictive state 
management measures.


Sec. 655.4  Vessel permits.

    (a) General--(1) Requirement. Vessels, including party or charter 
vessels, must obtain a permit issued under this part to fish for or 
retain Atlantic mackerel, Loligo, Illex, or butterfish in or from the 
EEZ. This requirement does not pertain to recreational fishing vessels.
    (2) Condition. Vessel owners who apply for a fishing vessel permit 
under this section must agree as a condition of the permit that the 
vessel's fishing, catch and pertinent gear (without regard to whether 
such fishing occurs in or from the EEZ or landward of the EEZ, and 
without regard to where such fish or gear are possessed, taken or 
landed) will be subject to all requirements of this part. All such 
fishing, catch and gear will remain subject to all applicable state 
requirements. If a requirement of this part and a management measure 
required by state law differ, any vessel owner permitted to fish in the 
EEZ must comply with the more restrictive requirement.
    (b) Moratorium permits--(1) Loligo squid and butterfish. A vessel 
is eligible for a moratorium permit to fish for and retain Loligo squid 
or butterfish in excess of the incidental catch allowance specified in 
paragraph (c)(1) of this section, if it meets any of the following 
criteria:
    (i) The vessel landed and sold at least 20,000 lb (9.07 mt) of 
Loligo or butterfish in any 30-consecutive-day period between August 
13, 1981, and August 13, 1993; or
    (ii) The vessel is replacing a vessel of substantially similar 
harvesting capacity that involuntarily left the Loligo or butterfish 
fishery during the effective period of the moratorium, and both the 
entering and replaced vessels are owned by the same person. Vessel 
permits issued to vessels that involuntarily leave the fishery may not 
be combined to create larger replacement vessels.
    (iii) Vessels that are judged unseaworthy by the Coast Guard for 
reasons other than lack of maintenance may be replaced by a vessel of 
substantially similar harvesting capacity during the effective period 
of the moratorium.
    (2) Illex squid. A vessel is eligible for a moratorium permit to 
fish for and retain Illex squid in excess of the incidental catch 
allowance specified in paragraph (c)(1) of this section, if it meets 
any of the following criteria:
    (i) The vessel landed and sold at least 5,000 lb (2.27 mt) of Illex 
on each of five trips between August 13, 1981, and August 13, 1993; or
    (ii) Recirculating sea water equipment or an on-board commercial 
plate or blast freezer was purchased by May 31, 1994, and installed on 
the vessel, and the vessel landed five trips of at least 5,000 lb (2.27 
mt) each of Illex prior to the effective date of these regulations; or
    (iii) The vessel is replacing a vessel of substantially similar 
harvesting capacity that involuntarily left the Illex fishery during 
the effective period of the moratorium, and both the entering and 
replaced vessels are owned by the same person. Vessel permits issued to 
vessels that involuntarily leave the fishery may not be combined to 
create larger replacement vessels.
    (iv) Vessels that are judged unseaworthy by the Coast Guard for 
reasons other than lack of maintenance may be replaced by a vessel with 
the same or less GRT and vessel registered length for commercial 
vessels during the effective period of the moratorium.
    (3) Restriction. No one may apply for the permits specified in 
paragraphs (b) (1) and (2) of this section more than 12 months after 
the effective date of these regulations, or the event specified under 
paragraph (i)(1) of this section. This section does not affect annual 
permit renewals.
    (4) Appeal of denial of permit. (i) Any applicant denied a 
moratorium permit may appeal to the Regional Director within 30 days of 
the notice of denial. Any such appeal shall be in writing. The only 
ground for appeal is that the Regional Director erred in concluding 
that the vessel did not meet the criteria in paragraph (b) of this 
section. The appeal shall set forth the basis for the applicant's 
belief that the Regional Director's decision was made in error.
    (ii) The appeal may be presented, at the option of the applicant, 
at a hearing before an officer appointed by the Regional Director.
    (iii) The hearing officer shall make a recommendation to Regional 
Director.
    (iv) The decision on the appeal by the Regional Director is the 
final decision of the Department of Commerce.
    (c) Incidental catch permit. (1) Any vessel of the United States 
may obtain a permit to fish for or retain up to 2,500 lb (1.13 mt) of 
Loligo squid, Illex squid, or butterfish as an incidental catch in 
another directed fishery.
    (2) Adjustments to the incidental catch. The incidental catch 
allowance may be revised by the Regional Director after recommendation 
by the Council following the procedure set forth in Sec. 655.22. NMFS 
will publish a notification of any proposed adjustment in the Federal 
Register. The public may comment on the adjustment for 30 days after 
the date of publication. After consideration of public comments, NMFS 
may publish a notification of adjustment to the incidental catch 
allowance in the Federal Register.
    (d) Atlantic mackerel permit. Any vessel of the United States may 
obtain a permit to fish for or retain Atlantic mackerel in or from the 
EEZ.
    (e) Party and charter boat permit. Any party or charter boat may 
obtain a permit to fish for or retain Atlantic mackerel, squid or 
butterfish while carrying passengers for hire.
    (f) Vessel permit application. (1) An application for a permit 
under this section must be submitted and signed by the owner of the 
vessel on an appropriate form obtained from the Regional Director at 
least 30 days prior to the date on which the applicant 

[[Page 65624]]
desires to have the permit made effective. The Regional Director will 
notify the applicant of any deficiency in the application pursuant to 
this section. Applicants for moratorium permits shall provide 
information with the application sufficient for the Regional Director 
to determine if the vessel meets any eligibility requirements. Dealer 
weighout forms, joint venture receipts, and notarized statements from 
marine architects or surveyors or shipyard officials will be considered 
acceptable forms of proof.
    (2) Information requirements. In addition to applicable information 
required to be provided by paragraph (f)(1) of this section, an 
application for a permit under this section must contain at least the 
following information, and any other information required by the 
Regional Director: Vessel name; owner name, mailing address, and 
telephone number; U.S. Coast Guard documentation number and a valid 
copy of the vessel's U.S. Coast Guard documentation or, if 
undocumented, the state registration number and a copy of the current 
state registration; home port and principal port of landing; overall 
length; gross tonnage; net tonnage; engine horsepower; year the vessel 
was built; type of construction; type of propulsion; approximate fish 
hold capacity; type of fishing gear used by the vessel; number of crew; 
permit category; if the owner is a corporation, a copy of the 
Certificate of Incorporation showing the principals in the corporation, 
and the names and addresses of all shareholders owning 25 percent or 
more of the corporation's shares; if the owner is a partnership, a copy 
of the Partnership Agreement and the names and addresses of all 
partners; if there is more than one owner, names of all owners that 
have acquired more than a 25-percent interest; the name and signature 
of the owner or the owner's authorized representative; permit number of 
any current or, if expired, previous Federal fishery permit issued to 
the vessel; and a copy of the charter/party boat license and number of 
passengers the vessel is licensed to carry (charter and party boats); 
and any other information required by the Regional Director to manage 
the fishery.
    (g) Fees. The Regional Director may charge a fee to recover 
administrative expenses of issuing a permit required under this 
section. The amount of the fee is calculated in accordance with the 
procedures of the NOAA Finance Handbook for determining administrative 
costs of each special product or service. The fee may not exceed such 
costs and is specified on each application form. The appropriate fee 
must accompany each application; if it does not, the application will 
be considered incomplete for purposes of paragraph (h) of this section. 
Any fee paid by an insufficient bank draft shall render any permit 
issued on the basis thereof null and void.
    (h) Issuance. (1) Except as provided in Subpart D of 15 CFR Part 
904, the Regional Director will issue a permit under this section 
within 30 days of receipt of the application unless:
    (i) The applicant has failed to submit a complete application as 
described in paragraph (f) of this section. An application is complete 
when all requested forms, information, documentation, and fees, if 
applicable, have been received; or
    (ii) The application was not received by the Regional Director by 
the deadlines set forth in paragraph (b)(3) of this section; or
    (iii) The applicant has failed to comply with all applicable 
reporting requirements of Sec. 655.7 during the 12 months immediately 
preceding the application.
    (2) Upon receipt of an incomplete application, or an application 
from a person who has not complied with all applicable reporting 
requirements of Sec. 655.7 during the 12 months immediately preceding 
the application, the Regional Director will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the Regional Director's notification, the application will be 
considered abandoned.
    (i) Expiration. Except as provided in paragraphs (b)(1)(ii) and 
(b)(2)(iii) of this section, a permit expires:
    (1) When the owner retires the vessel from the fishery;
    (2) Upon the renewal date specified on the permit; or
    (3) When the ownership of the vessel changes; however, the Regional 
Director may authorize the continuation of a moratorium permit for the 
squid and butterfish fisheries if the new owner requests. Applications 
for permit continuations must be addressed to the Regional Director.
    (j) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or until it otherwise expires, or 
ownership changes, or the applicant has failed to report any change in 
the information on the permit application to the Regional Director as 
specified in paragraph (m) of this section.
    (k) Replacement. Replacement permits for an otherwise valid permit 
may be issued by the Regional Director when requested in writing by the 
owner or authorized representative, stating the need for replacement, 
the name of the vessel, and the federal fisheries permit number 
assigned. An application for a replacement permit will not be 
considered a new application. An appropriate fee may be charged for 
issuance of the replacement permit.
    (l) Transfer. Permits issued under this part are not transferable 
or assignable. A permit is valid only for the fishing vessel and owner 
for which it is issued.
    (m) Change in application information. Any change in the 
information specified in paragraph (f)(2) of this section must be 
submitted by the applicant in writing to the Regional Director within 
15 days of the change. If the written notice of the change in 
information is not received by the Regional Director within 15 days, 
the permit is void.
    (n) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (o) Display. The permit must be maintained in legible condition and 
displayed for inspection upon request by any authorized officer.
    (p) Sanctions. Procedures governing enforcement-related permit 
sanctions and denials are found at subpart D of 15 CFR part 904.


Sec. 655.5  Operator permit.

    (a) General. Any operator of a vessel holding a valid Federal 
Atlantic mackerel, Loligo, Illex, or butterfish permit under this part, 
or any operator of a vessel fishing for Atlantic mackerel, Loligo, 
Illex, or butterfish in the EEZ or in possession of Atlantic mackerel, 
Loligo, Illex, or butterfish in or harvested from the EEZ, must have 
and carry on board a valid operator's permit issued under this part. An 
operator permit issued pursuant to Parts 649, 650, or 651 shall satisfy 
the permitting requirement of this paragraph.
    (b) Operator application. Applicants for a permit under this 
section must submit a completed permit application on an appropriate 
form obtained from the Regional Director. The application must be 
signed by the applicant and submitted to the Regional Director at least 
30 days prior to the date on which the applicant desires to have the 
permit made effective. The Regional Director will notify the applicant 
of any deficiency in the application pursuant to this section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree as a condition of this permit that the 
operator and vessel's fishing, catch, and pertinent gear (without 
regard to whether such fishing occurs in the EEZ or landward of the 
EEZ, and without regard to where 

[[Page 65625]]
such fish or gear are possessed, taken, or landed), are subject to all 
requirements of this part while fishing in the EEZ or on board a vessel 
permitted under Sec. 655.4. The vessel and all such fishing, catch, and 
gear will remain subject to all applicable state or local requirements. 
Further, such operators must agree as a condition of this permit that, 
if the permit is suspended or revoked pursuant to 15 CFR part 904, the 
operator cannot be on board any fishing vessel issued a Federal 
Fisheries Permit or any vessel subject to Federal fishing regulations 
while the vessel is at sea or engaged in offloading. If a requirement 
of this part and a management measure required by state or local law 
differ, any operator issued a permit under this part must comply with 
the more restrictive requirement.
    (d) Information requirements. An applicant must provide at least 
all the following information and any other information required by the 
Regional Director: Name, mailing address, and telephone number; date of 
birth; hair color; eye color; height; weight; social security number 
(optional); and signature of the applicant. The applicant must also 
provide two recent (no more than 1 year old) color passport-size 
photographs.
    (e) Fees. The Regional Director may charge a fee to recover the 
administrative expense of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures 
of the NOAA Finance Handbook for determining the administrative costs 
of each special product or service. The fee may not exceed such costs 
and is specified on each application form. The appropriate fee must 
accompany each application; if it does not, the application will be 
considered incomplete for purposes of paragraph (f) of this section. 
Any fee paid by an insufficiently funded commercial instrument shall 
render any permit issued on the basis thereof null and void.
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director shall issue an operator's permit within 30 days 
of receipt of a completed application if the criteria specified herein 
are met. Upon receipt of an incomplete or improperly executed 
application, the Regional Director will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be deemed abandoned.
    (g) Expiration. A Federal operator permit will expire upon the 
renewal date specified in the permit.
    (h) Duration. A permit is valid until it is revoked, suspended or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Director as specified in paragraph (k) of 
this section.
    (i) Replacement. Replacement permits, for otherwise valid permits, 
may be issued by the Regional Director when requested in writing by the 
applicant, stating the need for replacement and the Federal operator 
permit number assigned. An applicant for a replacement permit must also 
provide two recent color passport-size photos of the applicant. An 
application for a replacement permit will not be considered a new 
application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this section are not 
transferable or assignable. A permit is valid only for the person to 
whom it is issued.
    (k) Change in application information. Notice of a change in the 
permit holder's name, address, or telephone number must be submitted in 
writing to, and received by, the Regional Director within 15 days of 
the change in information. If written notice of the change in 
information is not received by the Regional Director within 15 days, 
the permit is void.
    (l) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (m) Display. Any permit issued under this part must be maintained 
in legible condition and displayed for inspection upon request by any 
authorized officer.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be on board a federally permitted fishing vessel in any 
capacity while the vessel is at sea or engaged in offloading. 
Procedures governing enforcement related permit sanctions and denials 
are found at subpart D of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.


Sec. 655.6  Dealer permit.

    (a) General. All dealers must have a valid permit issued under this 
part in their possession.
    (b) Dealer application. Applicants for a permit under this section 
must submit a completed application on an appropriate form provided by 
the Regional Director. The application must be signed by the applicant 
and submitted to the Regional Director at least 30 days before the date 
upon which the applicant desires to have the permit made effective. The 
Regional Director will notify the applicant of any deficiency in the 
application pursuant to this section.
    (c) Information requirements. Applications must contain at least 
the following information and any other information required by the 
Regional Director: Company name, place(s) of business, mailing 
address(es) and telephone number(s), owner's name; dealer permit number 
(if a renewal); and name and signature of the person responsible for 
the truth and accuracy of the report. If the dealer is a corporation, a 
copy of the Certificate of Incorporation must be included with the 
application. If the dealer is a partnership, a copy of the Partnership 
Agreement and the names and addresses of all partners must be included 
with the application.
    (d) Fees. The Regional Director may charge a fee to recover the 
administrative expense of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures 
of the NOAA Finance Handbook for determining the administrative costs 
of each special product or service. The fee may not exceed such costs 
and is specified with each application form. The appropriate fee must 
accompany each application; if it does not, the application will be 
considered incomplete for purposes of paragraph (e) of this section. 
Any fee paid by an insufficiently funded commercial instrument shall 
render any permit issued on the basis thereof null and void.
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director will issue a permit at any time during the 
fishing year to an applicant unless the applicant has failed to submit 
a completed application. An application is complete when all requested 
forms, information, and documentation have been received and the 
applicant has submitted all applicable reports specified in 
Sec. 655.7(a). Upon receipt of an incomplete or improperly executed 
application, the Regional Director will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (f) Expiration. A permit will expire upon the renewal date 
specified in the permit.
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified 

[[Page 65626]]
under 15 CFR part 904, or otherwise expires, or ownership changes, or 
the applicant has failed to report any change in the information on the 
permit application to the Regional Director as required by paragraph 
(j) of this section.
    (h) Replacement. Replacement permits, for otherwise valid permits, 
may be issued by the Regional Director when requested in writing by the 
applicant, stating the need for replacement and the Federal dealer 
permit number assigned. An application for a replacement permit will 
not be considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this part are not transferable 
or assignable. A permit is valid only for the person to whom, or other 
business entity to which, it is issued.
    (j) Change in application information. Within 15 days after a 
change in the information contained in an application submitted under 
this section, a written report of the change must be submitted to, and 
received by, the Regional Director. If written notice of the change in 
information is not received by the Regional Director within 15 days, 
the permit is void.
    (k) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (l) Display. Any permit, or a valid duplicate thereof, issued under 
this part must be maintained in legible condition and displayed for 
inspection upon request by any authorized officer.
    (m) Federal versus state requirements. If a requirement of this 
part differs from a fisheries management measure required by state law, 
any dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Procedures governing enforcement-related permit 
sanctions and denials are found at subpart D of 15 CFR part 904.


Sec. 655.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Weekly report. Dealers must send by mail, to the 
Regional Director or official designee, on a weekly basis, on forms 
supplied by or approved by the Regional Director, a report of fish 
purchases. If authorized in writing by the Regional Director, dealers 
may submit reports electronically or through other media. The following 
information and any other information required by the Regional Director 
must be provided in the report: Name and mailing address of dealer; 
dealer number; name and permit number of the vessels from which fish 
are landed or received; dates of purchases; pounds by species; price by 
species; and port landed. If no fish are purchased during the week, a 
report so stating must be submitted. All report forms must be signed by 
the dealer or other authorized individual.
    (2) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to complete the 
``Employment Data'' section of the Annual Processed Products Reports; 
completion of the other sections on that form is voluntary. Reports 
must be submitted to the address supplied by the Regional Director.
    (3) Inspection. Upon the request of an authorized officer, or by an 
employee of NMFS designated by the Regional Director to make such 
inspections, the dealer must make immediately available for inspection 
copies of the required reports that have been submitted, or should have 
been submitted, and the records upon which the reports were based.
    (4) Record retention. Copies of reports, and records upon which the 
reports were based, must be retained and be available for review for 1 
year after the date of the last entry on the report. The dealer must 
retain such reports and records at its principal place of business.
    (5) Submitting reports. Reports must be received, or postmarked if 
mailed, within 3 days after the end of each reporting week. Each dealer 
will be sent forms and instructions, including the address to which to 
submit reports, shortly after receipt of a dealer permit.
    (6) At-sea activities. All persons purchasing, receiving, or 
processing any mackerel, squid, or butterfish at sea for landing at any 
port of the United States must submit information identical to that 
required by paragraphs (a) (1) and (2) of this section and provide 
those reports to the Regional Director or designee on the same 
frequency basis.
    (b) Vessel owners--(1) Fishing log reports. The owner of any vessel 
issued a Federal Atlantic mackerel, Loligo squid, butterfish or Illex 
squid permit under Sec. 655.4 must maintain on board the vessel, and 
submit, an accurate daily fishing log report for all fishing trips, 
regardless of species fished for or taken, on forms supplied by or 
approved by the Regional Director. If authorized in writing by the 
Regional Director, vessel owners may submit reports electronically. At 
least the following information, and any other information required by 
the Regional Director, must be provided: Vessel name, U.S. Coast Guard 
(USCG) documentation number (or state registration number if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers (if a charter or party boat); 
gear fished; quantity and size of gear; mesh/ring size; chart area 
fished; average depth; latitude/longitude (or loran station and 
bearings); total hauls per area fished; average tow time duration; 
pounds by species of all species landed or discarded; dealer permit 
number; dealer name; date sold; port and state landed; and vessel 
operator's name, signature, and operator permit number.
    (2) When to fill in the log. Fishing log reports must be filled in, 
except for information required but not yet ascertainable, before 
offloading has begun. All information in paragraph (b)(1) of this 
section must be filled in for each fishing trip before starting the 
next fishing trip.
    (3) Inspection. Upon the request of an authorized officer, or an 
employee of NMFS designated by the Regional Director to make such 
inspections, at any time during or after a trip, owners and operators 
must make immediately available for inspection the fishing log reports 
currently in use, or to be submitted.
    (4) Record retention. Copies of the fishing log reports must be 
retained and available for review for 1 year after the date of the last 
entry on the report.
    (5) Submitting reports. Fishing log reports must be received or 
postmarked, if mailed, within 15 days after the end of the reporting 
month. Each owner will be sent forms and instructions, including the 
address to which to submit reports, shortly after receipt of a Federal 
Fisheries Permit. If no fishing trip is made during a month, a report 
so stating must be submitted.


Sec. 655.8  Vessel identification.

    (a) Vessel name. Each fishing vessel owner subject to this part and 
over 25 ft (7.6 m) in length must affix permanently its name on the 
port and starboard sides of the bow and, if possible, on its stern.
    (b) Official number. Each fishing vessel owner subject to this 
section and over 25 ft (7.6 m) in length must display its official 
number on the port and starboard sides of its deckhouse or hull, and on 
an appropriate weather deck, so as to be visible from above by 
enforcement vessels and aircraft. The official number is the U.S. Coast 
Guard documentation number, or the vessel's state registration number 
for vessels not required to be documented under title 46 of U.S.C.
    (c) Numerals. Except as provided in paragraph (e) of this section, 
the official number must be permanently affixed in block arabic 
numerals in contrasting color at least 18 inches (45.7 cm) in 

[[Page 65627]]
height for vessels over 65 ft (19.8 m) in length, and at least 10 
inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in 
length.
    (d) Duties of owner. Any vessel owner subject to this part will:
    (1) Keep the vessel's name and official number clearly legible and 
in good repair; and
    (2) Ensure that no part of the vessel, its rigging, its fishing 
gear, or any other object obstructs the view of the official number 
from any enforcement vessel or aircraft.
    (e) Nonpermanent marking. Vessels carrying recreational fishing 
parties on a per capita basis or by charter must use markings that meet 
the above requirements, except for the requirement that they be affixed 
permanently to the vessel. The nonpermanent markings must be displayed 
in conformity with the above requirements when the vessel is fishing 
for Atlantic mackerel, squid, or butterfish.


Sec. 655.9  Prohibitions.

    (a) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter, it is unlawful for any person owning or operating a 
vessel issued a valid Federal Atlantic mackerel, squid, or butterfish 
permit under Sec. 655.4, or issued an operator permit under Sec. 655.5, 
to do any of the following:
    (1) Possess more than the incidental catch allowance of squid, or 
butterfish unless issued a moratorium permit pursuant to Sec. 655.4(b).
    (2) Use any vessel for taking, catching, harvesting, or landing of 
any Atlantic mackerel, squid, or butterfish, except as provided in 
Sec. 655.4(a), unless the vessel has on board a valid permit issued 
under Sec. 655.4.
    (3) Fail to report to the Regional Director within 15 days any 
change in the information contained in the permit application for a 
vessel, as specified in Sec. 655.4(m).
    (4) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 655.8.
    (5) Take, retain, or land Atlantic mackerel, squid, or butterfish 
in excess of the trip allowance specified under Sec. 655.23.
    (6) Take, retain, or land Atlantic mackerel, squid, or butterfish 
after a total closure specified under Sec. 655.23.
    (7) Make any false statement, written or oral, to an authorized 
officer, concerning the taking, catching, landing, purchase, sale, or 
transfer of any mackerel, squid, or butterfish.
    (8) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement for Loligo specified in Sec. 655.25(a) or that 
are modified, obstructed, or constricted, if subject to the minimum 
mesh requirement, unless the nets or netting are stowed in accordance 
with Sec. 655.25(b) or the vessel is fishing under an exemption 
specified in Sec. 655.25(a).
    (9) Sell or transfer Atlantic mackerel, squid, or butterfish to 
another person for a commercial purpose, other than transport, unless 
that person has a dealer permit issued under Sec. 655.6.
    (10) Falsify information in order to qualify a vessel for a 
moratorium permit pursuant to Sec. 655.4(b).
    (11) Transfer squid, or butterfish at sea to another vessel unless 
that other vessel is issued a valid moratorium permit issued pursuant 
to Sec. 655.4(b) or a letter of authorization issued by the Regional 
Director.
    (12) Fail to comply with any measures implemented pursuant to 
Sec. 655.22.
    (13) Refuse to embark a sea sampler if requested by the Regional 
Director.
    (14) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, coercion or 
refusal of reasonable assistance an observer or sea sampler conducting 
his or her duties aboard a vessel.
    (15) Fail to affix and maintain markings as required by Sec. 655.8.
    (16) Carry passengers for hire while fishing commercially under a 
permit issued pursuant to Sec. 655.4 (b), (c), or (d).
    (17) Fail to carry on board a letter of authorization if fishing in 
an experimental fishery pursuant to Sec. 655.30.
    (18) Employ an operator on board a vessel who has not been issued 
an operator permit that meets the requirements of Sec. 655.5.
    (b) It is unlawful for the owner and operator of a party or charter 
boat issued a permit (including a moratorium permit) pursuant to 
Sec. 655.4, when the boat is carrying passengers for hire, to do any of 
the following:
    (1) Violate any recreational fishing measures established pursuant 
to Sec. 655.22(d)
    (2) Sell or transfer Atlantic mackerel, squid, or butterfish to 
another person for a commercial purpose.
    (3) Refuse to embark a sea sampler if requested by the Regional 
Director.
    (c) It is unlawful for any person to do any of the following:
    (1) Possess in or harvest from the EEZ Atlantic mackerel, squid, or 
butterfish, except as provided in Sec. 655.4(a), unless the person is 
operating a vessel issued a permit pursuant to Sec. 655.4, and the 
permit is on board the vessel, and has not been surrendered, revoked, 
or suspended.
    (2) Possess nets or netting with mesh not meeting the minimum size 
requirement of Sec. 655.25 that does not meet the net stowage 
provisions of Sec. 655.25, if the person possesses Loligo squid 
harvested in or from the EEZ.
    (3) If subject to the permitting requirements in Sec. 655.4, 
Sec. 655.5, or Sec. 655.6, to offload, to cause to be offloaded, sell 
or buy, whether on land or at sea, as an owner, operator, dealer, 
buyer, or receiver, without accurately and completely preparing and 
submitting in a timely fashion the documents required by Sec. 655.7.
    (4) Transfer squid or butterfish within the EEZ, unless the vessels 
participating in the transfer are issued valid moratorium permits 
pursuant to Sec. 655.4(b) or valid letters of authorization pursuant to 
Sec. 655.29.
    (5) Purchase or otherwise receive, except for transport, Atlantic 
mackerel, squid, or butterfish from the owner or operator of a vessel 
issued a permit pursuant to Sec. 655.4, unless in possession of a valid 
permit issued under Sec. 655.6.
    (6) Purchase or otherwise receive for a commercial purpose, 
Atlantic mackerel, squid, or butterfish caught by other than a vessel 
issued a permit pursuant to Sec. 655.4, unless the vessel has not been 
issued a permit under this part and is fishing exclusively within the 
waters under the jurisdiction of any state.
    (7) Make any false statements, oral or written, to an authorized 
officer concerning the catching, taking, harvesting, landing, purchase, 
sale, possession, or transfer of any Atlantic mackerel, squid, or 
butterfish.
    (8) Fail to report to the Regional Director within 15 days any 
change in information contained in the permit application.
    (9) Assault, resist, impede, oppose, harass, intimidate, or 
interfere with or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance to an observer or sea sampler 
conducting his or her duties aboard a vessel.
    (10) Operate a vessel fishing for Atlantic mackerel, squid, or 
butterfish within the EEZ, unless issued an operator permit that meets 
the requirements of Sec. 655.5.
    (11) Violate any other provisions of this part, the Magnuson Act, 
or any regulation or permit issued under the Magnuson Act.
    (d) All Atlantic mackerel and butterfish possessed on board a party 
or charter boat issued a permit under Sec. 655.4 are deemed to have 
been harvested from the EEZ.
    (e) It is unlawful for any person to violate any terms of a letter 
authorizing experimental fishing pursuant to 

[[Page 65628]]
Sec. 655.30 or to fail to keep such letter on board the vessel during 
the period of the experiment.


Sec. 655.10  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.


Sec. 655.11  Penalties.

    See Sec. 620.9 of this chapter.

Subpart B--Management Measures


Sec. 655.20  Fishing year.

    The fishing year is the 12-month period beginning on January 1 and 
ending on December 31.


Sec. 655.21  Maximum optimum yields.

    The optimum yields (OYs) specified pursuant to Sec. 655.22 during a 
fishing year may not exceed the following amounts:
    (a) Atlantic mackerel: That quantity of mackerel that is less than 
or equal to ABC specified pursuant to Sec. 655.22;
    (b) Loligo squid: 36,000 mt (79,362,000 lb);
    (c) Illex squid: 30,000 mt (66,135,000 lb); and
    (d) Butterfish: 16,000 mt (35,272,000 lb).


Sec. 655.22  Procedures for determining initial annual amounts.

    (a) Initial annual specifications. The Atlantic Mackerel, Squid, 
and Butterfish Monitoring Committee (Monitoring Committee) will meet 
annually to develop specifications regarding:
    (1) The initial optimum yield (IOY), domestic annual harvest (DAH), 
and domestic annual processing (DAP) for the squids;
    (2) The IOY, DAH, DAP and bycatch level of the total allowable 
level of foreign fishing (TALFF), if any, for butterfish; and
    (3) The IOY, DAH, DAP, joint venture processing (JVP), if any, and 
TALFF, if any, for Atlantic mackerel.
    (4) The Monitoring Committee will recommend these specifications to 
the Mackerel, Squid, and Butterfish Committee (Committee) of the 
Council. As a basis for establishing these specifications and 
restrictions, the Monitoring Committee will review available data 
pertaining to the following:
    (i) Commercial and recreational landings;
    (ii) Current estimates of fishing mortality;
    (iii) Stock status;
    (iv) The most recent estimates of recruitment;
    (v) Virtual population analysis results;
    (vi) Levels of noncompliance by harvesters or individual states;
    (vii) Impact of size/mesh regulations;
    (viii) The results of a survey of domestic processors and joint 
venture operators of estimated Atlantic mackerel processing capacity 
and intent to use that capacity (approved by the Office of Management 
and Budget under OMB control number 0648-0114);
    (ix) The results of a survey of fishermen's trade associations of 
estimated Atlantic mackerel harvesting capacity and intent to use that 
capacity (approved by the Office of Management and Budget under OMB 
control number 0648-0114);
    (x) Any other relevant information.
    (b) Guidelines. The specifications determined pursuant to paragraph 
(a) by the Monitoring Committee will be consistent with the following 
guidelines:
    (1) Squid. (i) The most recent biological data, including data on 
discards, will be reviewed annually under the procedures specified in 
paragraph (a) of this section. ABC for any fishing year is either the 
maximum OY specified in Sec. 655.21, or a lower amount if stock 
assessments indicate that the potential yield is less than the maximum 
OY.
    (ii) IOY is a modification of ABC based on social and economic 
factors.
    (2) Atlantic mackerel. (i) Atlantic mackerel ABC is derived using 
the following terms: C = Estimated mackerel catch in Canadian waters 
for the upcoming fishing year; S = Mackerel spawning-stock size at the 
beginning of the upcoming fishing year for which catch estimates and 
quotas are being specified; and LTPC = Long term potential catch as 
estimated by the Northeast Fisheries Science Center (NEFSC).
    (ii) ABC for the upcoming fishing year must be set at a level to 
maintain a minimum value for S of 900,000 mt (1,984,050,000 lb) and 
cannot exceed LTPC minus C.
    (iii) IOY is less than or equal to ABC and represents a 
modification of ABC, based on social and economic factors.
    (iv) IOY is composed of DAH and TALFF. DAH, DAP and JVP are 
projected by reviewing data from sources specified in this paragraph 
(a) and other relevant data including past domestic landings, projected 
amounts of mackerel necessary for domestic processing and for joint 
ventures during the fishing year, projected recreational landings, and 
other data pertinent for such a projection. The JVP component of DAH is 
the portion of DAH that domestic processors either cannot or will not 
use. In addition, IOY is based on such criteria as contained in the 
Magnuson Act, specifically section 201(e), and the application of the 
following economic factors:
    (A) Total world export potential by mackerel producing countries;
    (B) Total world import demand by mackerel consuming countries;
    (C) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers;
    (D) Increased/decreased revenues to the U.S. from foreign fees;
    (E) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures);
    (F) Increased/decreased revenues to U.S. processors and exporters;
    (G) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest;
    (H) Increases/decreases in U.S. processing productivity; and
    (I) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes 
in trade barriers, technology transfer, and other considerations.
    (v) The Council may also recommend that certain ratios of TALFF to 
purchases of domestic harvested fish and/or domestic processed fish be 
established in relation to the initial annual amounts.
    (3) Butterfish. (i) The most recent biological data, including data 
on discards, will be reviewed annually under the procedures specified 
in paragraph (a) of this section. If this review indicates that the 
stock cannot support a level of harvest equal to the maximum OY, the 
Council will recommend establishing an ABC less than the maximum OY for 
the fishing year. This level represents the modification of maximum OY 
to reflect biological and ecological factors. If the stock is able to 
support a harvest level equivalent to the maximum OY, the ABC is to be 
set at that level.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a DAH and bycatch TALFF which is equal 
to 0.08 percent of the allocated portion of the Atlantic mackerel 
TALFF.
    (c) Adjustments. The specifications established pursuant to this 
section may be adjusted by the Regional Director, in consultation with 
the Council, during the fishing year by publishing a notification in 
the Federal Register stating the reasons for such an action with a 30-
day comment period.
    (d) Recommended measures. Based on the review of the data described 
in paragraph (a) of this section, the Monitoring Committee will 
recommend to the Committee the following 

[[Page 65629]]
measures it determines are necessary to assure that the specifications 
are not exceeded:
    (1) Commercial quotas;
    (2) The amount of Loligo squid, Illex squid, and butterfish which 
may be retained, possessed and landed by vessels issued the incidental 
catch permit specified in Sec. 655.4(c);
    (3) Commercial minimum fish sizes;
    (4) Commercial trip limits;
    (5) Commercial seasonal quotas;
    (6) Minimum mesh sizes;
    (7) Commercial gear restrictions;
    (8) Recreational harvest limit;
    (9) Recreational minimum fish size;
    (10) Recreational possession limits;
    (11) Recreational season.
    (e) Annual fishing measures. (1) The Committee shall review the 
recommendations of the Monitoring Committee. Based on these 
recommendations and any public comment, the Committee shall make its 
recommendations to the Council with respect to the specifications and 
any other measures necessary to assure that the specifications are not 
exceeded. The Council shall review these recommendations. Based on 
these recommendations, and any public comment, the Council shall make 
recommendations to the Regional Director. Included in the 
recommendation will be supporting documents, as appropriate, concerning 
the environmental, economic, and social impacts of the proposed action. 
The Regional Director will review these recommendations, and on or 
about November 1 of each year, will publish a notification in the 
Federal Register of proposed specifications and any other measures 
necessary to assure that the specifications are not exceeded. If the 
specifications differ from those recommended by the Council, the 
reasons for any differences must be clearly stated and the revised 
specifications must satisfy the criteria set forth in this section. The 
Federal Register notification of proposed specifications will provide 
for a 30-day public comment period.
    (2) The Council's recommendations will be available in aggregate 
form for inspection at the office of the Regional Director during the 
public comment period.
    (3) On or about December 15 of each year, the Secretary will make a 
final determination concerning the specifications for each species and 
the other measures contained in the notification of proposed 
specifications. After the Secretary considers all relevant data and any 
public comments, a notification of final specifications and response to 
public comments will be published in the Federal Register. If the final 
amounts differ from those recommended by the Council, the reason(s) for 
the difference(s) must clearly be stated and the revised specifications 
must be consistent with the guidelines set forth in paragraph (b) of 
this section.


Sec. 655.23  Closure of the fishery.

    (a) General. The Secretary shall close the directed Atlantic 
mackerel, Illex squid, Loligo squid, or butterfish fishery in the EEZ 
when U.S. fishermen have harvested 80 percent of the DAH, if such 
closure is necessary to prevent the DAH from being exceeded. The 
closure will be in effect for the remainder of the fishing year, with 
incidental catches allowed as specified in paragraph (c) of this 
section, until the entire DAH is attained. When the Regional Director 
projects that DAH will be attained for any of the species, the 
Secretary shall close the fishery in the EEZ to all fishing for that 
species, and the incidental catches specified in paragraph (c) of this 
section will be prohibited.
    (b) Notification. The Secretary will take the following actions if 
it is determined that a closure is necessary:
    (1) Notify, in advance, the Executive Directors of the Mid- 
Atlantic, New England, and South Atlantic Councils;
    (2) Mail notifications of the closure to all holders of permits 
issued under Secs. 655.4, 655.5 and 655.6 at least 72 hours before the 
effective date of the closure;
    (3) Provide for adequate notification of the closure to 
recreational participants in the fishery; and
    (4) Publish a notification of closure in the Federal Register.
    (c) Incidental catches. During a period of closure of the directed 
fishery, the trip limit for the species for which the fishery is closed 
is 10 percent by weight of the total amount of fish on board for 
vessels with Loligo/butterfish moratorium permits, Illex moratorium 
permits or mackerel commercial permits. During a period of closure of 
the directed fishery, the trip limit for the species for which the 
fishery is closed is either 10 percent by weight of the total amount of 
fish on board, or the allowed level of incidental catch specified in 
Sec. 655.4(c)(1), whichever is less.


Sec. 655.24  0Time and area restrictions for directed foreign fishing.

    Foreign fishing is regulated under the provisions specified in 
Sec. 611.50(b)(2).


Sec. 655.25  Gear restrictions.

    (a) Mesh restriction and exemptions. Owners or operators of otter 
trawl vessels possessing Loligo squid harvested in or from the EEZ may 
only fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm) 
diamond mesh, inside stretch measure, applied throughout the entire 
net. There are two exemptions to this requirement:
    (1) During the months of June, July, August, and September, otter 
trawl vessels fishing for Illex seaward of the following coordinates 
(see Figure 1 to part 655):

------------------------------------------------------------------------
              Point                    Latitude            Longitude    
------------------------------------------------------------------------
                                                                        
Point M1........................  43 deg.58.0' N.     67 deg.22.0' W.   
Point M2........................  43 deg.50.0' N.     68 deg.35.0' W.   
Point M3........................  43 deg.30.0' N.     69 deg.40.0' W.   
Point M4........................  43 deg.20.0' N.     70 deg.00.0' W.   
Point M5........................  42 deg.45.0' N.     70 deg.10.0' W.   
Point M6........................  42 deg.13.0' N.     69 deg.55.0' W.   
Point M7........................  41 deg.00.0' N.     69 deg.00.0' W.   
Point M8........................  41 deg.45.0' N.     68 deg.15.0' W.   
Point M9........................  42 deg.10.0' N.     67 deg.10.0' W.   
Point M10.......................  41 deg.18.6' N.     66 deg.24.8' W.   
Point M11.......................  40 deg.55.5' N.     66 deg.38.0' W.   
Point M12.......................  40 deg.45.5' N.     68 deg.00.0' W.   
Point M13.......................  40 deg.37.0' N.     68 deg.00.0' W.   
Point M14.......................  40 deg.30.0' N.     69 deg.00.0' W.   
Point M15.......................  40 deg.22.7' N.     69 deg.00.0' W.   
Point M16.......................  40 deg.18.7' N.     69 deg.40.0' W.   
Point M17.......................  40 deg.21.0' N.     71 deg.03.0' W.   
Point M18.......................  39 deg.41.0' N.     72 deg.32.0' W.   
Point M19.......................  38 deg.47.0' N.     73 deg.11.0' W.   
Point M20.......................  38 deg.04.0' N.     74 deg.06.0' W.   
Point M21.......................  37 deg.08.0' N.     74 deg.46.0' W.   
Point M22.......................  36 deg.00.0' N.     74 deg.52.0' W.   
Point M23.......................  35 deg.45.0' N.     74 deg.53.0' W.   
Point M24.......................  35 deg.28.0' N.     74 deg.52.0' W.   
------------------------------------------------------------------------

Vessels fishing under this exemption may not have available for 
immediate use, as described in paragraph (b) of this section, any net 
with mesh size less than 1\7/8\ inches (48 mm) diamond mesh when the 
vessel is landward of the specified coordinates.
    (2) Vessels participating in the directed fishery for sea herring, 
provided that their catch comprises 75 percent or more by weight of sea 
herring.
    (b) Net stowage requirements. Otter trawl vessels possessing Loligo 
squid that are subject to the minimum mesh size may not have 
``available for immediate use'' any net, or any piece of net, not 
meeting the minimum mesh size requirement, or any net, or any piece of 
net, with mesh that is rigged in a manner that is inconsistent with the 
minimum mesh size. A net that conforms to one of the following 
specifications and that can be shown not to have been in recent use, is 
considered not to be ``available for immediate use'':
    (1) A net stowed below deck, provided: 
    
[[Page 65630]]

    (i) it is located below the main working deck from which the net is 
deployed and retrieved;
    (ii) the towing wires, including the leg wires, are detached from 
the net; and
    (iii) it is fan-folded (flaked) and bound around its circumference; 
or
    (2) A net stowed and lashed down on deck, provided:
    (i) it is fan-folded (flaked) and bound around its circumference;
    (ii) it is securely fastened to the deck or rail of the vessel; and
    (iii) the towing wires, including the leg wires, are detached from 
the net; or
    (3) A net that is on a reel and is covered and secured, provided:
    (i) the entire surface of the net is covered with canvas or other 
similar material that is securely bound;
    (ii) the towing wires, including the leg wires, are detached from 
the net; and
    (iii) the codend is removed from the net and stored below deck; or
    (4) Nets that are secured in a manner authorized in writing by the 
Regional Director and published in the Federal Register.
    (c) Mesh obstruction or constriction. Any combination of mesh or 
liners that effectively decreases the mesh below the minimum size is 
prohibited, except that a liner may be used to close the opening 
created by the rings in the rearmost portion of the net, provided the 
liner extends no more than 10 meshes forward of the rearmost portion of 
the net.
    (d) Net obstruction or constriction. The owner or operator of a 
fishing vessel shall not use any device, gear, or material, including, 
but not limited to, nets, net strengtheners, ropes, lines, or chafing 
gear, on the top of the regulated portion of a trawl net that results 
in an effective mesh opening of less than 1\7/8\ inches (48 mm) mesh 
(inside stretch measure); net strengtheners (covers), splitting straps 
and/or bull ropes or wire may be used, provided they do not constrict 
the top of the regulated portion of the net to less than effective 1\7/
8\ inches (48 mm) mesh (inside stretch measure). ``Top of the regulated 
portion of the net'' means the 50 percent of the entire regulated 
portion of the net which (in a hypothetical situation) would not be in 
contact with the ocean bottom during a tow if the regulated portion of 
the net were laid flat on the ocean floor. For the purpose of this 
paragraph, head ropes shall not be considered part of the top of the 
regulated portion of a trawl net. Net strengtheners (covers) may not 
have a mesh less than effective 4.5-inch (11.43-cm) mesh (inside 
stretch measure).


Sec. 655.26  Minimum fish sizes. [Reserved]


Sec. 655.27  Possession limits. [Reserved]


Sec. 655.28  At-sea observer coverage.

    (a) The Regional Director may require observers for any vessel 
holding a permit issued under Sec. 655.4.
    (b) Owners of vessels selected for observer coverage must notify 
the appropriate Regional or Center Director, as specified by the 
Regional Director, before commencing any fishing trip that may result 
in the harvest of Atlantic mackerel, Loligo squid, Illex squid, or 
butterfish. Notification procedures will be specified in selection 
letters to vessel owners.
    (c) An owner or operator of a vessel on which a NMFS-approved 
observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew;
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the 
transmission and receipt of messages related to the observer's duties;
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's 
position;
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any 
other space used to hold, process, weigh, or store fish; and
    (5) Allow the observer to inspect and copy any records associated 
with the catch and distribution of fish for that trip.


Sec. 655.29  Transfer-at-sea.

    Only vessels issued a moratorium permit under Sec. 655.4(b) may 
transfer Loligo, Illex, or butterfish at sea. Unless authorized in 
writing by the Regional Director, vessels issued an incidental catch 
permit under 655.4(c) are prohibited from transferring or attempting to 
transfer Illex, Loligo, or butterfish from one vessel to another 
vessel.


Sec. 655.30  Experimental fishery.

    (a) The Regional Director, in consultation with the Executive 
Director of the Council, may exempt any person or vessel from the 
requirements of this part for the conduct of experimental fishing 
beneficial to the management of the Atlantic mackerel, squid, or 
butterfish resource or fishery.
    (b) The Regional Director may not grant such exemption unless he/
she determines that the purpose, design, and administration of the 
exemption is consistent with the objectives of the FMP, the provisions 
of the Magnuson Act, and other applicable law, and that granting the 
exemption will not:
    (1) Have a detrimental effect on the Atlantic mackerel, squid, or 
butterfish resource and fishery; or
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (c) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of this FMP except those 
necessarily relating to the purpose and nature of the exemption. The 
exemption will be specified in a letter issued by the Regional Director 
to each vessel participating in the exempted activity. This letter must 
be carried on board the vessel seeking the benefit of such exemption.
    4. Figure 1 to part 655 is added to read as follows:

BILLING CODE 3510-22-P

[[Page 65631]]


Figure 1 to Part 655--Exemption line to minimum net mesh-size 
requirement for Loligo squid
[GRAPHIC][TIFF OMITTED]TP20DE95.000


[FR Doc. 95-30821 Filed 12-15-95; 11:27 am]
BILLING CODE 3510-22-C