[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19364-19381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9404]



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DEPARTMENT OF COMMERCE
50 CFR Part 651

[Docket No. 950410096-5096-01; I.D. 032295C]
RIN 0648-AH66


Northeast Multispecies Fishery; Framework 9

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Framework Adjustment 
9 to the Northeast Multispecies Fishery Management Plan (FMP). This 
rule implements on a permanent basis several measures originally 
imposed by a temporary emergency rule, with some modifications and 
additions: A year-round closure of redefined Closed Area I, the 
Nantucket Lightship Closed Area, and Closed Area II; a small mesh 
prohibition (with exception criteria) and a prohibition on possession 
of regulated species while fishing with small mesh; mesh restrictions 
in the Gulf of Maine juvenile protection areas; an increase in the 
minimum mesh size in southern New England; a prohibition on scallop 
dredge vessels from retaining regulated species when they are not 
fishing under the scallop days-at-sea (DAS) program, and a requirement 
that the small mesh bycatch provisions apply; and a winter flounder 
fishing exemption for vessels fishing with small mesh when in state 
waters, under certain conditions. The intended effect of this rule is 
to provide some continuing protective measures on groundfish stocks, 
especially haddock, cod, and yellowtail flounder, while a more 
comprehensive plan amendment is developed. Exemptions contained in this 
action are designed to minimize economic impacts on fishermen without 
compromising the effects of protective measures on groundfish.

EFFECTIVE DATES: April 13, 1995, except Sec. 651.20(i), which is 
effective May 18, 1995, Secs. 651.20(a)(6)(iii)(B), 651.20(j)(1), and 
651.21(c)(2)(iv)(A) which require approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act. When OMB approval 
is received, the effective dates of those paragraphs will be announced 
in the Federal Register.

ADDRESSES: Copies of Amendment 5 to the FMP, its regulatory impact 
review (RIR) and the initial regulatory flexibility analysis contained 
within the RIR, its final supplemental environmental impact statement, 
and Framework Adjustment 9 (including the Environmental Assessment (EA) 
supporting the December 12, 1994 emergency action) are available upon 
request from Douglas G. Marshall, Executive Director, New England 
Fishery Management Council, 5 Broadway, Saugus, MA 01906-1097. Comments 
regarding burden-hour estimates for collection-of-information 
requirements contained in this final rule should be sent to Richard 
Roberts, NOAA Information Resources Management Staff, OA1X1, Room 724, 
6010 Executive Boulevard, Rockville, MD 20852, and to the Office of 
Information and Regulatory Affairs (Attention: NOAA Desk Officer), 
Office of Management and Budget, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: Based on new scientific information, the 
Northeast Regional Stock Assessment Workshop issued a ``Special 
Advisory: Groundfish Status on Georges Bank,'' and delivered this 
advisory, along with its 18th Stock Assessment report, to the New 
England Fishery Management Council (Council) at its August 9-10, 1994, 
meeting. Because of the collapsed condition of yellowtail flounder and 
haddock stocks and the strong possibility of collapse of the cod stock, 
the advisory expressed a need to immediately begin addressing this 
crisis, stating that management measures contained in Amendment 5 are 
not nearly sufficient to rebuild these stocks.
    Council's response to this unprecedented advisory was to begin 
immediately to develop Amendment 7, with the objective of reducing 
fishing [[Page 19365]] mortality to as close to zero as practicable, to 
rebuild the key stocks of concern. Options for this FMP amendment are 
currently being developed to take to public hearing, and its completion 
and implementation are expected, at the soonest, early next year.
    Due to the length of time needed to complete the amendment process, 
the Council recommended and NMFS approved, an emergency interim rule 
(59 FR 63926) on December 12, 1994, to implement immediate protective 
measures to reduce fishing effort on haddock, cod, and yellowtail 
flounder, and other groundfish.
    An emergency action amendment, published on January 13, 1995 (60 FR 
3102), made several changes to the emergency rule, including: The 
addition of several allowable bycatch species to the exempted species 
list and a revision of the transiting provision for Closed Area I and 
the Nantucket Lightship Closed Area for safety reasons, so that vessels 
may transit during storm conditions, provided that the gear is properly 
stowed.
    In order to avoid a hiatus between the emergency action and 
Amendment 7, the Council, at the strong urging of NMFS, initiated the 
present framework adjustment, so that the rules promulgated under the 
emergency action would remain in place until such time that Amendment 7 
could be implemented. Failure to implement these measures permanently 
through a framework adjustment before expiration of the emergency rule 
action would increase the likelihood of further reductions in stock 
abundance of various groundfish species.
    Since Framework Adjustment 9 could not be implemented before the 
expiration of the 90-day emergency action, the Council voted at its 
February 15-16, 1995, meeting to recommend an extension of the 
emergency action. This extension (60 FR 13078), effective March 13, 
1995, through June 10, 1995, incorporated the emergency action and its 
amendment, and further amended the emergency rule by allowing fishing 
vessels to transit the closed areas, provided the operator has a 
demonstrable safety reason and provided the vessel's fishing gear is 
properly stowed.
    Framework 9 implements with some modifications, the measures 
imposed by the existing emergency interim rule as follows: A year-round 
closure of a redefined (expanded) Closed Area I, the Nantucket 
Lightship Closed Area, and Closed Area II; a disallowance of any 
fishery utilizing mesh smaller than the minimum mesh size allowed for 
regulated species, with the exception of fisheries that have been 
determined to have a catch of less than 5 percent by weight of 
regulated species; a prohibition on the possession of regulated species 
while fishing with small mesh; a requirement that all mobile gear 
vessels fishing in the Stellwagen Bank and Jeffreys Ledge areas, with 
the exception of mid-water trawl vessels, use a minimum 6-inch (15.24 
cm) square mesh codend; and an increase in the minimum mesh size in the 
Southern New England and Nantucket Lightship Regulated Mesh Areas to 6-
inch (15.24 cm) diamond or square mesh.
    During the comment period required over two Council meetings in the 
development of Framework Adjustment 9, several modifications and 
additions to the emergency action were made with the intent to mitigate 
some of the economic impacts imposed by the emergency, without 
compromising its ability to protect the principal groundfish stocks.
    Framework 9 implements an exemption to the Nantucket Lightship 
Closed Area for recreational and party/charter vessels. Under this 
exemption, party/charter vessels are required to obtain and have on 
board an authorization letter from the Director, Northeast Region, NMFS 
(Regional Director). Recreational and party/charter vessels are 
prohibited from selling any fish that are caught (regardless of where 
they are caught), and are prohibited from possessing any gear except 
rod and reel or hand gear on board the vessel. NMFS' database does not 
include catch information, by area, for the recreational sector, but 
industry comments indicate that the recreational target species in this 
area is primarily white hake, with pollock and cod being caught to a 
lesser extent. Fishing is likely to be limited to only the larger 
charter vessels, because of this area's distance from shore. The 
exemption with its restriction on sale and gear should have a minimal 
impact on the depleted stocks, but is expected to mitigate the economic 
burden on this sector of the industry, according to public and Council 
member testimony. The other closed areas remain closed all to 
recreational fishing.
    This framework allows vessels using pelagic hook gear (both 
recreational and commercial) and pelagic harpoon gear to fish in the 
closed areas, provided there is no retention of regulated species. 
Since pelagic hook gear lands virtually no multispecies, and harpoon 
gear is incapable of catching groundfish, these fisheries will have no 
impact on the stocks of concern. An explanation of both pelagic 
longline gear and harpoon gear is included under the definitions 
section.
    Under this framework action, the hagfish pot fishery is also 
allowed to occur in the closed areas. Based on anecdotal information 
and because of the design of the gear, this relatively small fishery 
takes almost no regulated species and consequently has no impact on the 
resource the framework measures seek to protect.
    The Northeast Fisheries Science Center (NEFSC) has commented that 
the year-round area closures will have a beneficial conservation 
effect, although they are insufficient to ensure stock recovery.
    Although both U.S. Coast Guard (USCG) and NMFS Enforcement 
(Enforcement) have expressed concern that allowing any additional 
vessels fishing access to the closed areas would compromise the ability 
to enforce such closures, the Council recommended and NMFS has approved 
these exceptions because they relieve an economic burden on the fishing 
industry, have relatively little or no impact on the groundfish stocks, 
and in some cases will help mitigate gear conflicts outside of the 
closed areas. In addition, the exempted gears are readily 
distinguishable from other gear types.
    This framework adjustment also allows vessels to transit freely 
Closed Area I and the Nantucket Lightship Closed Area, provided that 
the gear is not available for immediate use and is properly stowed. 
Again, USCG and Enforcement have indicated that this measure would 
affect enforcement operations. However, the Council recommended and 
NMFS concurred that the benefit of allowing free and open transit 
outweighs this concern, because the economic burden of requiring 
vessels to steam around these large areas is significant for many such 
vessels, both in terms of lost time and fuel costs. The USCG and NMFS 
have both issued toll-free telephone numbers to be used by the fishing 
industry in reporting violations to the rules and regulations. Fishers 
have indicated that they want be more involved in reporting violators, 
since they are becoming increasingly aware that any infringement on the 
regulations will only hurt them in the long run through the need for 
additional restrictions on the entire fleet.
    Vessels are also allowed to transit the Gulf of Maine/Georges Bank 
regulated mesh area with small-mesh nets and small-mesh species on 
board, provided that the vessel has on board an authorization letter 
from the Regional Director, does not fish or possess regulated species, 
and does not fish for [[Page 19366]] other prohibited species in the 
non-exempt areas. This provision is added to this final rule because 
under the emergency action vessels were allowed to transit the Small-
Mesh Exemption Area and fish outside of that area, provided that when 
they were transiting this area their small mesh nets were stowed and 
they did not have fish on board. However, due to this restriction, the 
vessels with home ports in this area, which runs from Maine to 
Massachusetts, were not allowed to transit back to their home port to 
offload. The transiting provision will remove this restriction while 
not affecting the conservation objective of the small-mesh prohibition.
    Framework Adjustment 9 also expands the allowable bycatch species 
that may be retained when fishing under the small-mesh exempted species 
program. This framework adjustment allows retention of two standard 
totes of silver hake in the northern shrimp fishery, as well as the 
retention of limited amounts of monkfish and lobster in all of the 
exempted small-mesh fisheries. For monkfish, a vessel is restricted to 
10 percent of the total weight of other fish possessed on board. For 
lobster, a vessel is allowed 10 percent of the total weight of other 
fish on board or 200 lobsters, whichever is less. While these species 
are not exempted directed fisheries under the small-mesh program in 
their particular areas, the caps placed on each of them represent a 
legitimate bycatch in the exempted fisheries and because the caps are 
low enough they do not provide an incentive to direct on these species. 
This adjustment will reduce discards and provide additional revenue to 
the industry.
    This framework adjustment also imposes restrictions on vessels 
fishing with scallop dredge gear when they are not fishing under the 
scallop DAS program and on vessels fishing with scallop dredge gear 
with general scallop permits. Under this rule, these vessels are 
prohibited from retaining regulated species and are subject to the same 
bycatch restrictions applicable to the small-mesh fisheries, except 
that a vessel may possess up to 400 lb (181.44 kg) of shucked scallops 
as specified under 50 CFR Part 650, Atlantic Sea Scallop Fishery. 
Because scallop dredge vessels have increased their efforts on other 
species, including monkfish, lobster and yellowtail flounder, when not 
fishing for scallops, the harvesting and discarding of groundfish is 
uncontrolled and potentially significant. The Council believes, and 
NMFS concurs, that without any limitations on this practice, it will 
escalate as scallop DAS are further reduced. Vessels operating under 
the state waters scallop fishery, as described under the Atlantic Sea 
Scallop FMP, are exempt from this requirement.
    The Regional Director has determined that the Cultivator Shoal 
whiting fishery also meets the small-mesh exemption requirement and, 
therefore, is allowed under this framework adjustment, subject to the 
same restrictions as other small-mesh fisheries. In addition to 
whiting, vessels fishing under this exemption may retain, as allowable 
bycatch species, longhorn sculpin, and the bycatch provisions specified 
for monkfish and lobsters.
    Finally, Framework Adjustment 9 exempts vessels that hold a Federal 
multispecies permit from the Federal mesh requirements when fishing on 
winter flounder in state waters, provided the following conditions are 
met: The vessel has on board a certificate issued by a state agency 
authorizing the vessel's participation in that state's winter flounder 
fishing program and is in compliance with the applicable state laws 
pertaining to minimum mesh size for winter flounder; the vessel is 
fishing exclusively in the waters of the state from which the exemption 
certificate was obtained; the applicable state's winter flounder plan 
has been approved by the Atlantic States Marine Fisheries Commission 
(ASMFC) as being in compliance with the ASMFC Winter Flounder Fishery 
Management Plan; the state elects, by a letter to the Regional 
Director, to participate in the exemption program described in this 
section; fishing vessels issued a limited access permit that are 
fishing under the DAS program or under the small boat or sink gillnet 
DAS exemption program specified under Sec. 651.22(d), do not fish for, 
possess or land regulated species, exclusive of winter flounder; the 
vessel does not enter or transit the EEZ; and the vessel does not enter 
or transit the waters of another state unless such other state is 
participating in the exemption program and the vessel is enrolled in 
that state's program.
    Vessels fishing under the state waters winter flounder exemption 
program with a possession-limit-only permit, or vessels subject to the 
effort control programs and declared out of the multispecies fishery, 
or who are not fishing under the DAS program, may possess up to the 
possession limit of winter flounder, provided the vessel does not fish 
for regulated species, exclusive of winter flounder. Vessels using hook 
gear and fishing under the hook-gear-only categories would continue to 
be exempt from any possession limit on regulated species.
    The ASMFC approved a fishery management plan for inshore stocks of 
winter flounder in May, 1992. The plan's fishing mortality objectives, 
a maximum spawning potential (MSP) target of 30 percent by January 1, 
1995, and a MSP target of 40 percent by January, 1999, are more 
restrictive than the FMP for federally managed stocks (20 percent MSP). 
The ASMFC also allows individual states to utilize different measures 
to achieve the same objective. Under the multispecies regulations, when 
a federally permitted vessel is fishing for winter flounder in state 
waters, the most restrictive of either the state or Federal regulations 
apply. This framework alleviates the cumulative impact of winter 
flounder regulations on the fishing industry, while still achieving the 
most conservative management objective for other regulated species as 
defined in the FMP. The requirement that vessels must retain an 
exemption certificate issued by the state on board the vessel should 
mitigate any enforcement problem that this rule would impose.
    Since redefined Closed Area I, as outlined in this framework 
action, overlaps the Cultivator Shoal Whiting Area, Sec. 651.20, 
paragraph (a)(4), has been changed to reflect the reduced size. Also, 
because this framework requires vessels to have 6-inch (15.24-cm) mesh, 
diamond or square, when fishing on regulated species in the southern 
New England and Nantucket Lightship regulated mesh areas, and because 
vessels are now allowed to transit the Nantucket Lightship regulated 
mesh area with small mesh, the Nantucket Lightship regulated mesh area 
distinction is no longer valid. However, to maintain the numbering 
sequence of the prohibitions, for enforcement purposes, this section is 
reserved as specified in Sec. 651.20(b).
    This action also adds scientific names for the added allowable 
bycatch species to help in species identification. Further, paragraph 
(e)(4) is added to Sec. 651.21 as a stowage provision for sink gillnet 
gear when transiting the closed areas.
    NMFS is amending the multispecies regulations following the 
procedure for framework adjustments established by Amendment 5 and 
codified in 50 CFR 651, subpart C. The Council followed this procedure 
when making adjustments to the FMP, by developing and analyzing the 
actions over the span of a minimum of two Council meetings. Framework 
Adjustment 9 was initiated at the Council's December 7-8, 1994, meeting 
and was followed by meetings [[Page 19367]] on January 11-12, 1995, and 
February 15-16, 1995. The Council provided the public with advance 
notice of both the proposal and the analysis, and opportunity to 
comment on them prior to and at the February 15-16 Council meeting. 
Upon review of the analysis and public comment, the Council recommended 
to the Regional Director that the measures contained in Framework 
Adjustment 9 be published as a final rule. The Regional Director has 
determined that the measures in Framework Adjustment 9 are appropriate 
to publish as a final rule.
    Because many of the measures contained within this rule relieve a 
burden on the fishing industry, it is the intent of the Council and 
NMFS that Framework Adjustment 9 supersede the extension to the 
emergency action.
    The Council has clearly stated that this framework adjustment, with 
its modifications, does not necessarily reflect its policies in regard 
to the development of Amendment 7.

Comments and Responses

    Written comments were submitted by Capt. John Boats, Inc., East 
Coast Fisheries Federation, Inc., Greenpeace, NMFS Office of 
Enforcement (NE Region), Plum Island Surfcasters, Ram Point Marina, 
Inc., Seafarers International Union of No. America (AFL-CIO), 
Shinnecock Marlin & Tuna Club, Inc., The Fisherman Magazine, U.S. Coast 
Guard, Zonta Club of Northampton, and 1,168 individuals including 
Congressman Patrick J. Kennedy (RI). One association and three 
individuals supported everything in the framework amendment. Several 
letters addressed solutions that are not within the scope of this 
framework amendment. The majority of letters addressed the exemption 
for recreational vessels fishing in the Nantucket Lightship Closed 
Area.
    Comment 1: Of the 1,168 individual letters, 664 were signed form 
letters submitted by a representative of the Francis Fleet supporting 
an exemption for recreational fishing in the yellowtail area south of 
Nantucket. Most of the remainder were signed form letters submitted 
independently, but identical to the Francis Fleet submission, 
supporting a recreational exemption. Further, Congressman Kennedy 
supported the recreational exemption. Four associations supported the 
exemption.
    Response: The letters of support have been noted and an exemption 
for recreational and charter vessels in the Nantucket Lightship Closed 
Area, under the conditions specified in this framework, has been 
approved.
    Comment 2: Two of the associations (one of which attached a 
petition signed by 28 individuals) and eight individuals supported 
exempting recreational fisheries from the possible closing of Georges 
Bank.
    Response: The only recreational fishing exemption under 
consideration by the New England Fishery Management Council during the 
framework process was a proposal to exempt recreational fishing in the 
Nantucket Lightship Closed Area. The issue of closing additional areas 
will be dealt with by Amendment 7 to the Northeast Multispecies FMP. 
Therefore, comments supporting a recreational fishing exemption on 
Georges Bank should be made during hearings to be scheduled regarding 
Amendment 7.
    Comment 3: One association (speaking for recreational fishing 
vessels) opposed the transiting prohibition through the Nantucket 
Lightship Closed Area. It stated that the prohibition is dangerous for 
vessels fishing the east side of Nantucket shoals.
    Response: An exception allowing transiting through the Nantucket 
Lightship Closed Area and Closed Area I for all fishing vessels, 
including recreational and charter vessels, under the conditions 
specified in this framework, has been approved.
    Comment 4: One association, with 16 signatures on its letter, 
supported the fishing limitations on Georges Bank and urged an 
extension of the 6-month emergency action to allow for stock 
rebuilding.
    Response: The Magnuson Act authorizes for emergency rules to be 
effective for up to 90 days, with a provision that they may be extended 
by Council recommendation for an additional 90 days. As no authority 
exists for another extension by emergency rule, the Council initiated 
this framework action under the abbreviated rulemaking procedures 
established by Amendment 5. Its effect will be to continue the measures 
promulgated under the emergency action until at least such time as a 
more comprehensive amendment (Amendment 7) is implemented.
    Comment 5: One environmental organization urged that the Council 
not exempt recreational, party, and charter boats from the closure of 
certain areas of Georges Bank. It disagreed with the recreational 
sector's argument that the financial hardship posed by their inclusion 
in the Council's plans should take precedence over the conservation 
measures deemed necessary by the Council since their impact on 
regulated species is minimal. It added that the level of removal of 
groundfish by the recreational sector works at cross-purposes to the 
Council's intentions of accomplishing a near-zero fishing mortality 
rate.
    Response: This framework allows an exemption only to the Nantucket 
Lightship Closed Area for recreational, party, and charter vessels. It 
does not exempt this segment of the fishery from other closed areas of 
Georges Bank. Furthermore, the sale of fish caught on vessels fishing 
under this exemption is explicitly prohibited (regardless of where the 
fish are caught), thereby reducing the incentive to target on critical 
stocks of groundfish. Each vessel in the party/charter fleet will 
further need a letter of authorization to enter this closed area, and 
both recreational and party/charter vessels may carry only hand-line 
and/or rod-and-reel fishing gear aboard. Anecdotal information 
indicates that the primary target species in this area is white hake, 
with pollock and cod being caught to a lesser extent. Although some cod 
is caught in this area, the Council and NMFS believe it should have a 
minimal impact on the depleted stocks. Concerning the Council's 
intentions of accomplishing a near-zero fishing mortality rate, that 
rate is the basis for stock rebuilding under Amendment 7 of the 
multispecies FMP, now under development. The driving force for this 
framework is continuation of temporary measures to slow the decline of 
multispecies stocks until stock rebuilding regulations are in place.
    Comment 6: One commentor criticized the make-up of the Council, 
suggesting that recreational fishing interests are not adequately 
represented.
    Response: Of the six appointed at-large members of the Council, 
four have backgrounds involving recreational fishing interests. Of 
those four, one is editor of Salt Water Sportsman Magazine. There are 
also five state representatives to the Council, one from each New 
England state, representing the concerns of all sectors of the 
fisheries. Furthermore, the Regional Director of NMFS is also a member 
of the Council, and represents commercial and recreational interests, 
equitably.
    Comment 7: One association stated that the emergency rule (whose 
provisions will continue, as modified, by this framework amendment) 
unfairly affects the winter flounder fishery in the Mid-Atlantic 
Regulated Mesh Area. The association seeks an exemption west of 
72 deg.30' west longitude.
    Response: This issue was not adequately analyzed in time for 
Framework Adjustment 9 but is currently under consideration by the 
[[Page 19368]] Council as a separate framework amendment. Framework 
Adjustment 9 implements a winter flounder exemption for vessels fishing 
with small mesh when in state waters, under certain conditions.
    Comment 8: The USCG stated that it will not be able to provide the 
same assurance of violator detection and resource preservation 
currently existing, if provisions of this framework amendment allowing 
vessels into the closed areas are approved. The USCG does not support 
routine transits through the closed areas and states that closed area 
enforcement is most effective when only small numbers of vessels are 
allowed to operate in designated areas.
    Response: The Council and NMFS considered the USCG comments and 
weighed them against the industry's comments on the costs of requiring 
vessels to steam around a closed area, unless a safety reason exists. 
The Council and NMFS do not expect that allowing free and open transit, 
with gear stowage requirements and severe penalties (including permit 
vessel and operator sanctions) for fishing in closed areas, will 
compromise the conservation impact of the closure. The Council 
determined that the costs to the industry (fuel, days-at-sea 
allocations while steaming) of the existing safety-only closure 
provision outweigh the risk of some decrease in compliance with this 
alternative.
    The Council and NMFS further determined that the cost of closing 
the three areas to pelagic fishing also outweighs the reduction in 
enforceability resulting from such a closure exception. The Council and 
NMFS concluded that prohibiting these vessels from possessing any 
regulated multispecies while in the closed areas will help in the 
enforcement of the groundfish closure. As pelagic long-line gear is not 
fixed or anchored to the bottom and has no cable main line, it is 
readily distinguishable from groundfish hook gear. The other 
significant pelagic hook fishery that would take place in any of the 
closed areas is the General Category bluefin tuna fishery. Vessels 
fishing under a General Category permit are prohibited from having more 
than two hooks attached to any line on board and, with a prohibition on 
the possession of groundfish, can easily be distinguished from a 
groundfish hook vessel. Furthermore, the pelagic fisheries are 
regulated by a season-and-quota system that significantly limits the 
time when pelagic hook vessels may fish.

Classification

    This action has been determined to be not significant for the 
purposes of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds there 
is good cause to waive prior notice and opportunity for comments under 
5 U.S.C. 553(b)(B). The provision of advance notice as described in 
this rule and public meetings held by the Council to discuss the 
management measures implemented by this rule provided adequate prior 
notice and opportunity for public comment to be made and considered. 
Thus, additional opportunity for public comment is unnecessary.
    The AA also finds that under 5 U.S.C. 553(d)(1), because immediate 
implementation of this rule relieves an economic hardship on the 
industry with virtually no impact on the conservation objective, there 
is no need to delay for 30 days the effectiveness of this regulation, 
except Sec. 651.20(i) which will be effective May 18, 1995.
    This rule contains three new collection-of-information requirements 
subject to the Paperwork Reduction Act that have been submitted to the 
Office of Management and Budget (OMB) for approval. The public 
reporting burden for this collection of information is estimated to be 
2 minutes per response for each of the requirements, including the time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this reporting 
burden estimate or any other aspect of the collection of information, 
including suggestions for reducing the burden, to NMFS and OMB (see 
ADDRESSES).
    The new requirements are:
    1. The winter flounder state waters exemption program 
(Sec. 651.20(j)(1)) (2 minutes/response);
    2. Gulf of Maine/Georges Bank regulated mesh area transit exemption 
(Sec. 651.20(a)(6)(iii)(B)) (2 minutes/response);
    3. Nantucket Lightship Closed Area party/charter vessel exemption 
(Sec. 651.21(c)(2)(iv)(A)) (2 minutes/response).
    Because Secs. 651.20(a)(6)(iii)(B), Sec. 651.20(j)(1), and 
Sec. 651.21(c)(2)(iv)(A) require approval by OMB under the Paper Work 
Reduction Act which has not yet been received, their effectiveness is 
delayed pending receipt of such approval. The effective date of those 
sections will be announced in the Federal Register.
    The regulations extending the emergency action (60 FR 13078, March 
10, 1995) eliminated a notification requirement for vessels transiting 
closed areas during storm conditions.
    Because no proposed rule was required, this action is exempt from 
the requirements to prepare a Regulatory Flexibility Analysis.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 12, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 651 is amended 
as follows. These amendments supersede the amendments published at 59 
FR 63926, December 12, 1994; 60 FR 3102, January 13, 1995; 60 FR 6446, 
February 2, 1995; and 60 FR 13078, March 10, 1995.

PART 651--NORTHEAST MULTISPECIES FISHERY

    1. The authority citation for part 651 continues to read as 
follows:

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

    2. In Sec. 651.2, definitions for ``American lobster or lobster'', 
``Harpoon gear or harpoon'', ``Monkfish'', and ``Pelagic hook or 
longline gear'' are added, in alphabetical order; and ``Atlantic sea 
scallop or scallop'' and ``Sink gillnet'' are revised as follows:


Sec. 651.2  Definitions.

* * * * *
    American lobster or lobster means the species, Homarus americanus.
    Atlantic sea scallop or scallop means the species, Placopecten 
magellanicus.
* * * * *
    Harpoon gear or harpoon means fishing gear consisting of a pointed 
dart or iron attached to the end of a line several hundred feet in 
length, the other end of which is attached to a floating device.
* * * * *
    Monkfish means the species, Lophius americanus.
* * * * *
    Pelagic hook or longline gear means fishing gear that is not fixed, 
nor designed to be fixed, or anchored to the bottom and that consists 
of monofilament main line (as opposed to a cable main line) to which 
gangions are attached.
* * * * *
    Sink gillnet means a bottom-tending gillnet, which is any gillnet, 
anchored or otherwise, that is designed to be, or is 
[[Page 19369]] capable of being, or is fished on or near the bottom in 
the lower third of the water column.
* * * * *
    3. In Sec. 651.4, paragraph (f) and the last sentence of paragraph 
(d) is revised and a new paragraph (t) is added to read as follows:


Sec. 651.4  Vessel permits.

* * * * *
    (d) * * * Except as provided for in Sec. 651.20(j), if a 
requirement of this part and a management measure required by a state 
or local law differ, any vessel owner permitted to fish in the EEZ must 
comply with the more restrictive requirement.
* * * * *
    (f) Information requirements. (1) In addition to applicable 
information required to be provided by paragraph (e) of this section, 
an application for either a limited access multispecies, hook-gear-
only, or possession-limit-only permit 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 copy of 
vessel's U.S. Coast Guard documentation or, if undocumented, state 
registration number and a copy of the state registration; home port and 
principal port of landing; 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, 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 having owned more 
than a 25-percent interest; and name and signature of the owner or the 
owner's authorized representative.
    (2) Applications for a limited access multispecies permit must also 
contain the following information:
    (i) The engine horsepower of the vessel as specified in the 
vessel's most recent permit application for a Federal Fisheries Permit 
before May 1, 1994. If the engine horsepower was changed or a contract 
to change the engine horsepower had been entered into prior to May 1, 
1994 such that it is different from that stated in the vessel's most 
recent application for a Federal Fisheries Permit before May 1, 1994, 
sufficient documentation to ascertain the different engine horsepower. 
However, the engine replacement must be completed within 1-year of the 
date of when the contract for the replacement engine was signed.
    (ii) The length, gross tonnage, and net tonnage of the vessel as 
specified in the vessel's most recent permit application for a Federal 
Fisheries Permit before May 1, 1994. If the length, gross tonnage, or 
net tonnage was changed or a contract to change the length, gross 
tonnage or net tonnage had been entered into prior to May 1, 1994 such 
that it is different from that stated in the vessel's most recent 
application for a Federal Fisheries Permit, sufficient documentation to 
ascertain the different length, gross tonnage or net tonnage. However, 
the upgrade must be completed within 1 year of the date of when the 
contract for the upgrade was signed.
    (iii) If the vessel owner is applying to fish under the individual 
DAS program specified in this section, the application must include 
such election.
    (iv) In 1994, vessel owners may change their vessel's DAS category 
within 30 days of receipt of their 1994 multispecies permit. After 30 
days, the vessel must fish only in the DAS program assigned for the 
remainder of the fishing year. In 1995, if the vessel owner is applying 
to fish under a different DAS program than was assigned for 1994, the 
application must include such election and the vessel must fish only in 
that category for the entire fishing year.
    (v) For 1996 and thereafter, a vessel, when fishing under the DAS 
program, may fish only under the DAS program assigned to it in 1995, or 
if not assigned in 1995, the DAS program assigned to it on its initial 
permit to fish under the DAS program. However, any vessel may elect for 
any year to fish under a hook-gear-only permit if it meets the 
requirements specified in paragraph (b) of this section.
    (vi) Beginning on September 1, 1994, if the vessel is a combination 
vessel, or if the applicant elects to take an Individual DAS allocation 
or to use a VTS unit, although not required, a copy of the vendor 
installation receipt from a NMFS-certified VTS vendor as described in 
Sec. 651.28(a).
* * * * *
    (t) Certificate for winter flounder fishing in state waters. A 
vessel permitted under this part and fishing for winter flounder in 
state waters under the minimum mesh size described in Sec. 651.20(j), 
must have on board a certificate issued by the state agency authorizing 
the vessel's participation in the state waters winter flounder fishing 
program.
    4. In Sec. 651.5, paragraph (a) is revised to read as follows:


Sec. 651.5  Operator permits.

    (a) General. Any operator of a vessel that has been issued a valid 
Federal multispecies permit under this part, or any operator of a 
vessel fishing for multispecies finfish in the EEZ or in possession of 
multispecies finfish in or harvested from the EEZ, must carry on board 
a valid operator's permit issued under this part. This requirement does 
not apply to recreational vessels and vessels that fish exclusively in 
state waters for multispecies.
* * * * *
    5. In Sec. 651.9, paragraphs (a), (b), and (e) are revised to read 
as follows:


Sec. 651.9  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 holding a valid Federal multispecies vessel permit issued under 
this part, issued a permit under Sec. 651.5 or a letter under 
Sec. 651.4(a)(8)(v), to do any of the following:
    (1) Possess or land multispecies finfish smaller than the minimum 
size as specified in Sec. 651.23.
    (2) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, and other requirements 
of Sec. 651.7(b).
    (3) Fish for, possess, or land multispecies finfish unless the 
operator of the vessel has been issued an operator's permit under 
Sec. 651.5, and a valid permit is on board the vessel.
    (4) Fail to report to the Regional Director within 15 days any 
change in the information contained in the permit application as 
required under Sec. 651.4(m) or Sec. 651.5(k).
    (5) Fail to affix and maintain permanent markings as required by 
Sec. 651.8.
    (6) Sell, transfer, or attempt to sell or transfer to a dealer any 
multispecies finfish unless the dealer has a valid Federal Dealer's 
Permit issued under Sec. 651.6.
    (7) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove, or otherwise transfer fish from one vessel to 
another vessel or other floating conveyance unless authorized in 
writing by the Regional Director pursuant to Sec. 651.30(a).
    (8) Refuse or fail to carry an observer if requested to do so by 
the Regional Director. [[Page 19370]] 
    (9) Interfere with or bar by command, impediment, threat, coercion, 
or refusal of reasonable assistance, an observer conducting his or her 
duties aboard a vessel.
    (10) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 651.31.
    (11) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel during the time specified in Sec. 651.27(b)(1).
    (12) Land, or possess on board a vessel, more than 500 lb (226.8 
kg) of haddock, or the equivalent in totes or boxes, as specified in 
Sec. 651.27(b)(2), or violate any of the other provisions specified in 
Sec. 651.27(b)(2).
    (13) Fish with, set, haul back, possess on board a vessel, unless 
stowed in accordance with Sec. 651.20(c)(4), or fail to remove a sink 
gillnet from the area and for the times specified in Sec. 651.32(a), 
unless authorized in writing by the Regional Director.
    (14) Sell, barter, trade, or transfer, or attempt to sell, barter, 
trade, or otherwise transfer, for a commercial purpose, other than 
transport, any multispecies, unless the transferee has a dealer permit 
issued under Sec. 651.6.
    (b) In addition to the prohibitions specified in paragraph (a) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a limited access permit under Sec. 651.4(a) or a letter 
under Sec. 651.4(a)(8)(v), to do any of the following:
    (1) Possess at any time during a trip, or land per trip, more than 
the possession limit of regulated species as specified in 
Sec. 651.27(a), after using the vessel's annual DAS allocation or when 
not participating under the DAS program pursuant to Sec. 651.22.
    (2) If required to have a VTS unit as specified in Sec. 651.28(a) 
or Sec. 651.29(a):
    (i) Fail to have a certified, operational, and functioning VTS unit 
that meets the specifications of Sec. 651.28(a) on board the vessel at 
all times.
    (ii) Fail to comply with the notification, replacement, or any 
other requirements regarding VTS usage as specified in Sec. 651.29(a).
    (3) Combine, transfer, or consolidate DAS allocations.
    (4) Fish for, possess, or land multispecies finfish with or from a 
vessel that has had the horsepower of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in 
Sec. 651.4(a)(5)(i).
    (5) Fish for, possess, or land multispecies finfish with or from a 
vessel that has had the length, gross registered tonnage, or net 
tonnage of such vessel or its replacement increased or upgraded in 
excess of limitations specified in Sec. 651.4(a)(5)(ii).
    (6) Fail to comply with any requirement regarding the DAS 
notification as specified in Sec. 651.29.
    (7) If not fishing under the VTS system, fail to have on board the 
vessel a card issued by the Regional Director, as specified in 
Sec. 651.29(b).
    (8) Fail to notify that a vessel is participating in the DAS 
program as specified in Sec. 651.29(b).
    (9) Fail to comply with the other methods of notification 
requirements, including a call-in system as specified in 
Sec. 651.29(c), if required by the Regional Director.
    (10) Fail to provide notification of the beginning or ending of a 
DAS before leaving port or before returning to port, as required under 
Sec. 651.29 (b) or (c).
    (11) Fail to comply with the layover day requirement as described 
in Sec. 651.22(c)(1)(ii)(A).
* * * * *
    (e) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter and the prohibitions specified in paragraphs (a) 
through (d) of this section, it is unlawful for any person to do any of 
the following:
    (1) Fish for, possess, or land multispecies finfish unless:
    (i) The multispecies finfish were being fished for or harvested by 
a vessel holding a valid Federal multispecies permit under this part, 
or a letter under Sec. 651.4(a)(8)(v), and the operator on board such 
vessel has been issued an operator's permit under Sec. 651.5 and has a 
valid permit on board the vessel;
    (ii) The multispecies finfish were harvested by a vessel not issued 
a Federal multispecies permit that fishes for multispecies finfish 
exclusively in state waters; or
    (iii) The multispecies finfish were harvested by a recreational 
fishing vessel.
    (2) Possess at any time during a trip, or land per trip, more than 
the possession limit of regulated species as specified in 
Sec. 651.27(a) unless:
    (i) The multispecies finfish were harvested by a vessel that has 
been issued a limited access permit under Sec. 651.4(a), a hook-gear-
only permit under Sec. 651.4(b), or a letter under Sec. 651.4(a)(8)(v); 
or
    (ii) The regulated species were harvested by a vessel that 
qualifies for the exception specified in paragraph (e)(1)(ii) of this 
section.
    (3) Land, offload, cause to be offloaded, sell, or transfer; or 
attempt to land, offload, cause to be offloaded, sell, or transfer 
multispecies finfish from a fishing vessel, whether on land or at sea, 
as an owner or operator without accurately preparing and submitting, in 
a timely fashion, the documents required by Sec. 651.7, unless the 
multispecies finfish were harvested by a vessel that qualifies for the 
exception specified in paragraph (e)(1)(ii) of this section.
    (4) Purchase or receive multispecies finfish, or attempt to 
purchase or receive multispecies finfish, whether on land or at sea, as 
a dealer without accurately preparing, submitting in a timely fashion, 
and retaining the documents required by Sec. 651.7.
    (5) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer multispecies finfish from 
one vessel to another vessel, unless both vessels qualify under the 
exception specified in paragraph (e)(1)(ii) of this section, or unless 
authorized in writing by the Regional Director pursuant to 
Sec. 651.30(a).
    (6) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose any 
multispecies finfish from a trip unless the vessel is holding a valid 
Federal multispecies permit under this part, or a letter under 
Sec. 651.4(a)(8)(v), or the multispecies finfish were harvested by a 
vessel without a Federal multispecies permit that fishes for 
multispecies finfish exclusively in state waters.
    (7) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose in 
the capacity of a dealer, multispecies finfish taken from a fishing 
vessel, unless in possession of a valid dealer permit issued under 
Sec. 651.6; except that this prohibition does not apply to multispecies 
finfish taken from a vessel that qualifies for the exception specified 
in paragraph (e)(1)(ii) of this section.
    (8) Purchase, possess, or receive for commercial purposes 
multispecies finfish caught by a vessel other than one holding a valid 
Federal multispecies permit under this part, or a letter under 
Sec. 651.4(a)(8)(v), unless the multispecies finfish were harvested by 
a vessel that qualifies for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (9) To be or act as an operator of a vessel fishing for or 
possessing multispecies finfish in or from the EEZ, or holding a 
Federal multispecies permit under this part without having been issued 
and possessing a valid operator's permit issued under Sec. 651.5.
    (10) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with a NMFS-approved observer aboard a vessel. 
[[Page 19371]] 
    (11) Make any false statement, oral or written, to an authorized 
officer or employee of NMFS, concerning the taking, catching, 
harvesting, landing, purchase, sale, or transfer of any multispecies 
finfish.
    (12) Make any false statement in connection with an application 
under Sec. 651.4 or Sec. 651.5 or on any report required to be 
submitted or maintained under Sec. 651.7.
    (13) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VTS, VTS 
unit, or VTS signal required to be installed on or transmitted by 
vessel owners or operators required to use a VTS by this part.
    (14) Fish with, use, or have available for immediate use within the 
area described in Sec. 651.20(a)(1) nets of mesh size smaller than the 
minimum mesh size specified in Sec. 651.20(a)(2), except as provided in 
Sec. 651.20 (a)(3) through (a)(6), (e), (f), and (j), or unless the 
vessel qualifies for the exception specified in paragraph (e)(1)(ii) of 
this section.
    (15) [Reserved]
    (16) Fish with, use, or have available for immediate use within the 
area described in Sec. 651.20(c)(1) nets of mesh size smaller than the 
minimum size specified in Sec. 651.20(c)(2), except as provided in 
Sec. 651.20(c)(3), (e), (f), and (j), or unless the vessel qualifies 
for the exception specified in paragraph (e)(1)(ii) of this section.
    (17) Fish with, use, or have available for immediate use within the 
area described in Sec. 651.20(d)(1) nets of mesh size smaller than the 
minimum size specified in Sec. 651.20(d)(2), except as provided in 
Sec. 651.20(d)(3), (e), (f), and (j), or unless the vessel qualifies 
for the exception specified in paragraph (e)(1)(ii) of this section.
    (18) Enter or be in the area described in Sec. 651.21(a)(1) on a 
fishing vessel, except as provided in Sec. 651.21(a)(2), (d), and (e).
    (19) [Reserved]
    (20) Enter the area described in Sec. 651.21(b)(1) on a fishing 
vessel, except as provided by Sec. 651.21(b)(2) and (e).
    (21) Enter or be in the area described in Sec. 651.21(c)(1), on a 
fishing vessel, except as provided in Sec. 651.21(c)(2) and (e).
    (22) Fail to comply with the gear-marking requirements of 
Sec. 651.25.
    (23) Import, export, transfer, land, or possess regulated species 
that are smaller than the minimum sizes as specified in Sec. 651.23, 
unless the regulated species were harvested from a vessel that 
qualifies for the exception specified in paragraph (e)(1)(ii) of this 
section.
    (24) Interfere with, obstruct, delay, or prevent by any means 
lawful investigation or search relating to the enforcement of this 
part.
    (25) Fish within the areas described in Sec. 651.20(a)(4) with nets 
of mesh smaller than the minimum size specified in Sec. 651.20(a)(2), 
unless the vessel is issued and possesses on board the vessel an 
authorizing letter issued under Sec. 651.20(a)(4)(i).
    (26) Violate any provisions of the Cultivator Shoals Whiting 
Fishery specified in Sec. 651.20(a)(4).
    (27) Fish for, land, or possess multispecies finfish harvested by 
means of pair trawling or with pair trawl gear, except under the 
provisions of Sec. 651.20(e), or unless the vessels that engaged in 
pair trawling qualify for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (28) Fish for, harvest, possess, or land in or from the EEZ 
northern shrimp, unless such shrimp were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 651.20(a)(3).
    (29) Fail to comply with the requirements as specified in 
Sec. 651.20(a)(5).
    (30) Fish for the species specified in Sec. 651.20 (e) or (f) with 
a net of mesh size smaller than the applicable mesh size by area fished 
specified in Sec. 651.20, or possess or land such species, unless the 
vessel is in compliance with the requirements specified in Sec. 651.20 
(e) or (f), or unless the vessel qualifies for the exception specified 
in paragraph (e)(1)(ii) of this section.
    (31) Fish with, set, haul back, possess on board a vessel, unless 
stowed in accordance with Sec. 651.20(c)(4), or fail to remove a sink 
gillnet from the EEZ portion of the areas, and for the times specified 
in Sec. 651.32(a), unless authorized in writing by the Regional 
Director.
    (32) Violate any provision specified under Sec. 651.29.
    (33) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel as specified in Sec. 651.27(b)(1).
    (34) Land, or possess on board a vessel, more than 500 lb (226.8 
kg) of haddock, or the equivalent in totes or boxes, as specified in 
Sec. 651.27(b)(2), or violate any of the other provisions specified in 
Sec. 651.27(b)(2).
    (35) Fish with, use or have available for immediate use scallop 
dredge gear on a vessel not fishing under the scallop DAS program as 
described in Sec. 650.24 of this chapter, or fishing under a general 
category permit issued under Sec. 650.4(b) of this chapter, in the 
areas described in Sec. 651.20(i), except as provided in 
Sec. 651.20(i), or unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (36) Obstruct or constrict a net as described in Sec. 651.20(h) (1) 
and (2).
    (37) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 651.20(j), from or 
within the areas described in Sec. 651.20, while in possession of nets 
of mesh smaller than the minimum size specified in Sec. 651.20, unless 
the vessel and nets conform with the stowage requirements of 
Sec. 651.20(c)(4), or unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(i) of this section.
    (38) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 651.20(j), from or 
within the areas described in Sec. 651.20(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 650.24 of this chapter, or fishing under a 
general category permit issued under Sec. 650.4(b) of this chapter, 
unless the vessel and the dredge gear conform with the stowage 
requirements of Sec. 651.27(a)(3) and Sec. 651.21(e)(2), or unless the 
vessel qualifies for the exception specified in paragraph (e)(1)(ii) of 
this section.
    (39) Possess or land fish caught with nets of mesh smaller than the 
minimum size specified in Sec. 650.20 of this chapter, or with scallop 
dredge gear on a vessel not fishing under the scallop DAS program 
described in Sec. 650.24 of this chapter, or fishing under a general 
category permit issued under Sec. 650.4(b) of this chapter, unless said 
fish are caught, possessed or landed in accordance with Secs. 651.20 
and 651.27, or unless the vessel qualifies for the exception specified 
in paragraph (e)(1)(ii) of this section.
* * * * *
    6. In Sec. 651.20, paragraphs (a) through (f) are revised and 
paragraphs (i) and (j) added to read as follows:


Sec. 651.20  Regulated mesh areas and restrictions on gear and methods 
of fishing.

    All vessels fishing for, harvesting, possessing, or landing 
multispecies finfish in or from the EEZ and all vessels holding a 
Federal multispecies permit under this part must comply with the 
following restrictions on minimum mesh size, gear, and methods of 
fishing, unless otherwise exempted or prohibited.
    (a) Gulf of Maine/Georges Bank (GOM/GB) regulated mesh area--(1) 
Area definition. The Gulf of Maine/Georges Bank regulated mesh area is 
that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by
[[Page 19372]]

straight lines connecting the following points in the order stated (see 
Figure 1 to part 651):

                                 Gulf of Maine/Georges Bank Regulated Mesh Area                                 
----------------------------------------------------------------------------------------------------------------
                    Point                                     Latitude                         Longitude        
----------------------------------------------------------------------------------------------------------------
G1...........................................  (<SUP>1)                                     (<SUP>1)                      
G2...........................................  43 deg.58' N.                           67 deg.22' W.            
G3...........................................  42 deg.53.1' N.                         67 deg.44.4' W.          
G4...........................................  42 deg.31' N.                           67 deg.28.1' W.          
G5...........................................  41 deg.18.6' N.                         66 deg.24.8' W.          
----------------------------------------------------------------------------------------------------------------
<SUP>1The intersection of the shoreline and the U.S.-Canada Maritime Boundary [southward along the irregular U.S.-   
  Canada Maritime Boundary].                                                                                    

      
    (ii) Bounded on the south by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
                                                           Approximate  
      Point            Latitude          Longitude      loran C bearings
------------------------------------------------------------------------
G6...............  40 deg.55.5' N.   66 deg.38' W.      5930-Y-30750 and
                                                         9960-Y-43500.  
G7...............  40 deg.45.5' N.   68 deg.00' W.      9960-Y-43500 and
                                                         68 deg.00 W.   
G8...............  40 deg.37' N.     68 deg.00' W.      9960-Y-43450 and
                                                         68 deg.00 W.   
G9...............  40 deg.30' N.     69 deg.00' W.                      
NL3..............  40 deg.22.7' N.   69 deg.00' W.                      
NL2..............  40 deg.18.7' N.   69 deg.40' W.                      
NL1..............  40 deg.50' N.     69 deg.40' W.                      
G11..............  40 deg.50' N.     70 deg.00' W.                      
G12..............  ................  70 deg.00' W.<SUP>1                     
------------------------------------------------------------------------
<SUP>1Northward to its intersection with the shoreline of mainland           
  Massachusetts.                                                        

    (2) Mesh-size restrictions. Except as provided in paragraphs (a)(3) 
through (6), (e), (f), and (j) of this section, the minimum mesh size 
for any trawl net, sink gillnet, Scottish seine, or midwater trawl, on 
a vessel, or used by a vessel fishing in the GOM/GB regulated mesh 
area, shall be 6 inches (15.24 cm) diamond or square mesh throughout 
the entire net. This restriction does not apply to nets or pieces of 
nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81 
m<SUP>2)), or to vessels that have not been issued a Federal 
multispecies permit and that are fishing exclusively in state waters.
    (3) Small-mesh exemption area. Northern shrimp has been found to 
meet the exemption qualification requirements specified in paragraph 
(a)(7) of this section. Therefore, vessels subject to the mesh 
restrictions specified in paragraph (a)(2) of this section may fish 
for, harvest, possess, or land northern shrimp with nets of mesh 
smaller than the minimum size specified in paragraph (a)(2) of this 
section in the Small mesh exemption area, if the vessel complies with 
the requirements specified in paragraphs (a)(3) (i) through (iii) of 
this section. The Small-Mesh Exemption Area is defined by straight 
lines connecting the following points in the order stated:

                        Small-Mesh Exemption Area                       
------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
SM1......................  41 deg.35' N.       70 deg.00' W.            
SM2......................  41 deg.35' N.       69 deg.40' W.            
SM3......................  42 deg.49.5' N.     69 deg.40' W.            
SM4......................  43 deg.12' N.       69 deg.00' W.            
SM5......................  43 deg.41' N.       68 deg.00' W.            
G2.......................  43 deg.58' N.       67 deg.22' W.; (the U.S.-
                                                Canada Maritime         
                                                Boundary).              
G1.......................  (\1\)               (\1\)                    
------------------------------------------------------------------------
\1\Northward along the irregular U.S.-Canada maritime boundary to the   
  shoreline.                                                            

    (i) Possession limit exemption. (A) A vessel fishing under this 
exemption may not fish for, possess on board or land any species of 
fish other than shrimp except as provided under paragraph (a)(3)(i)(B) 
of this section.
    (B) The following may be retained, with the restrictions noted, as 
allowable bycatch species in the northern shrimp fishery as described 
in this section: Longhorn sculpin (Myoxocephalus octodecimspinosus); up 
to two standard boxes or totes of silver hake (whiting); monkfish and 
monkfish parts up to 10 percent by weight of all other species on 
board; and American lobster up to 10 percent by weight of all other 
species on board or two hundred lobsters, whichever is less.
    (ii) Finfish excluder device. A vessel must have a properly 
configured and installed finfish excluder device in any net with mesh 
smaller than the minimum size specified in paragraph (a)(2) of this 
section. The finfish excluder device must be configured and installed 
consistent with the following specifications (see Figure 2 to part 651 
for an example of a properly configured and installed finfish excluder 
device):
    (A) A finfish excluder device is a rigid or semi-rigid grate 
consisting of parallel bars of not more than 1-inch (2.54-cm) spacing 
that excludes all fish and other objects, except those that are small 
enough to pass between its bars into the codend of the trawl.
    (B) The finfish excluder device must be secured in the trawl, 
forward of the codend, in such a manner that it precludes the passage 
of fish or other objects into the codend without the fish or objects 
having first passed between the bars of the grate.
    (C) A fish outlet or hole must be provided to allow fish or other 
objects that are too large to pass between the bars of the grate to 
pass out of the net. The aftermost edge of this outlet must be at least 
as wide as the grate at the point of attachment. The fish outlet must 
extend forward from the grate toward the mouth of the net.
    (D) A funnel of net material is allowed in the lengthening piece of 
the net [[Page 19373]] 
forward of the grate to direct catch towards the grate.
    (iii) A vessel may only fish under this exemption during the 
northern shrimp season, as established by the Atlantic States Marine 
Fisheries Commission (ASMFC). The northern shrimp season is December 1 
through May 30, or as modified by the ASMFC.
    (4) Cultivator Shoal whiting (silver hake) fishery exemption area. 
The Cultivator Shoal whiting fishery has been found to meet the 
exemption qualification requirements specified in paragraph (a)(7) of 
this section. Therefore, vessels subject to the mesh restrictions 
specified in paragraph (a)(2) of this section may fish with, use, or 
possess nets of mesh smaller than the minimum size specified in 
paragraph (a)(2) of this section in the Cultivator Shoal whiting 
fishery exemption area, if the vessel complies with the requirements 
specified in paragraph (a)(4)(i) of this section. The Cultivator Shoal 
whiting fishery exemption area is defined by straight lines connecting 
the following points in the order stated (see Figure 1 to part 651):

             Cultivator Shoal Whiting Fishery Exemption Area            
------------------------------------------------------------------------
         Point                   Latitude                Longitude      
------------------------------------------------------------------------
C1.....................  42 deg.10' N...........  68 deg.10' W.         
C2.....................  41 deg.30' N...........  68 deg.41' W.         
CI4....................  41 deg.30' N...........  68 deg.30' W.         
C3.....................  41 deg.12.8' N.........  68 deg.30' W.         
C4.....................  41 deg.05' N...........  68 deg.20' W.         
C5.....................  41 deg.55' N...........  67 deg.40' W.         
C1.....................  42 deg.10' N...........  68 deg.10' W.         
------------------------------------------------------------------------

    (i) Requirements. Vessels fishing in this fishery must have on 
board an authorizing letter issued by the Regional Director. Vessel 
owners are subject to the following conditions:
    (A) A vessel fishing under this exemption may not fish for, possess 
on board or land any species of fish other than whiting except as 
provided under paragraph (a)(4)(i)(E) of this section.
    (B) A minimum mesh size of 3 inches (7.62 cm) applied to the first 
160 meshes counted from the terminus of the net;
    (C) A season of June 15 through October 31, unless otherwise 
specified by publication of a notification in the Federal Register.
    (D) When transitting through the GOM/GB regulated mesh area as 
specified under paragraph (a)(1) of this section, any nets of mesh 
smaller than the regulated mesh size as specified under paragraph 
(a)(2) of this section, must be stowed according to the provisions of 
paragraph (c)(4) of this section.
    (E) The following may be retained, with the restrictions noted, as 
allowable bycatch species in the Cultivator Shoal whiting fishery 
exemption area as described in this section: longhorn sculpin 
(Myoxocephalus octodecimspinosus); monkfish and monkfish parts up to 10 
percent by weight of all other species on board; and American lobster 
up to 10 percent by weight of all other species on board or two hundred 
lobsters, whichever is less.
    (ii) Sea sampling. The Regional Director shall conduct periodic sea 
sampling to determine if there is a need to change the area or season 
designation, and to evaluate the bycatch of regulated species, 
especially haddock.
    (iii) Annual review. The Council shall conduct an annual review of 
data to determine if there are any changes in area or season 
designation necessary, and to make the appropriate recommendations to 
the Regional Director following the procedures specified in subpart C 
of this part.
    (5) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection 
area. Except as provided in paragraphs (a)(3), (a)(6), (e), (f) and (j) 
of this section, the minimum mesh size for any trawl net, Scottish 
seine, purse seine, or midwater trawl in use, or available for 
immediate use as described under paragraph (c)(4) of this section, by a 
vessel fishing in the following area shall be 6 inches (15.24 cm) 
square mesh in the last 50 bars of the codend and extension piece for 
vessels 45 ft (13.7 m) in length and less, and in the last 100 bars of 
the codend and extension piece for vessels greater than 45 ft (13.7 m) 
in length.
    (i) The Stellwagen Bank/Jeffreys Ledge juvenile protection area is 
defined by straight lines connecting the following points in the order 
stated (see Figure 1 to Part 651):

                Stellwagen Bank Juvenile Protection Area                
------------------------------------------------------------------------
                                                       Approximate Loran
      Point            Latitude          Longitude        coordinates   
------------------------------------------------------------------------
SB1.............  42 deg.34.0' N.    70 deg.23.5' W.        13737  44295
SB2.............  42 deg.28.8' N.    70 deg.39.0' W.        13861  44295
SB3.............  42 deg.18.6' N.    70 deg.22.5' W.        13810  44209
SB4.............  42 deg.05.5' N.    70 deg.23.3' W.        13880  44135
SB5.............  42 deg.11.0' N.    70 deg.04.0' W.        13737  44135
SB1.............  42 deg.34.0' N.    70 deg.23.5' W.        13737  44295
------------------------------------------------------------------------


                 Jeffreys Ledge Juvenile Protection Area                
------------------------------------------------------------------------
                                                       Approximate Loran
      Point            Latitude          Longitude        coordinates   
------------------------------------------------------------------------
JL1.............  43 deg.12.7' N.    70 deg.00.0' W.        13369  44445
JL2.............  43 deg.09.5' N.    70 deg.08.0' W.        13437  44445
JL3.............  42 deg.57.0' N.    70 deg.08.0' W.        13512  44384
JL4.............  42 deg.52.0' N.    70 deg.21.0' W.        13631  44384
JL5.............  42 deg.41.5' N.    70 deg.32.5' W.        13752  44352
JL6.............  42 deg.34.0' N.    70 deg.26.2' W.        13752  44300
JL7.............  42 deg.55.2' N.    70 deg.00.0' W.        13474  44362
JL1.............  43 deg.12.7' N.    70 deg.00.0' W.        13369  44445
------------------------------------------------------------------------


[[Page 19374]]

    (ii) Fishing for northern shrimp in the SB/JL juvenile protection 
area is allowed subject to the requirements of paragraph (a)(3) of this 
section.
    (6) Transitting. (i) Vessels fishing under the Small Mesh Exemption 
program specified in paragraph (a)(3) of this section may transit 
through the SB/JL juvenile protection area defined in paragraph (a)(5) 
of this section with nets on board that do not conform to the 
requirements specified in paragraph (a)(2) or (a)(5) of this section, 
provided that the nets are stowed in accordance with the provisions of 
paragraph (c)(4) of this section;
    (ii) Vessels subject to the mesh requirements specified in 
paragraph (a)(2) of this section may transit through the Small Mesh 
Exemption Area defined in paragraph (a)(3) of this section with nets on 
board with mesh smaller than the minimum size specified in paragraph 
(a)(2) of this section, provided that the nets are stowed in accordance 
with the provisions of paragraph (c)(4) of this section, and provided 
the vessel has no fish on board; and
    (iii) Vessels subject to the mesh requirements specified in 
paragraph (a)(2) of this section may transit through the GOM/GB 
regulated mesh area defined in paragraph (a)(1) of this section with 
nets on board with mesh smaller than the minimum mesh size specified in 
paragraph (a)(2) of this section with small mesh exempted species on 
board, provided that the following conditions are met:
    (A) Vessels properly stow any nets of mesh smaller than the 
regulated mesh size as specified in paragraph (a)(2) of this section in 
accordance with the provisions of paragraph (c)(4) of this section;
    (B) Vessels have on board an authorizing letter issued by the 
Regional Director; and
    (C) Vessels may not fish for, possess on board, or land any species 
of fish except, when fishing in the areas specified in paragraphs 
(a)(4), (c), and (d) of this section, vessels may retain exempted small 
mesh species as provided in paragraphs (a)(4)(i), (c)(3), and (d)(3), 
respectively, of this section.
    (7) Addition or deletion of exemptions. The Regional Director may 
add exemptions of species if he/she makes a determination that the 
fishery in which the species are fished for or caught, after 
considering the gear used, area where the fishery occurs and other 
relevant factors, has a catch of less than 5 percent by weight of 
regulated species. The Regional Director may delete an existing 
exemption if he/she makes a determination that the catch of regulated 
species is greater than or equal to 5 percent by weight. Notification 
of additions or deletions will be made through publication of a rule in 
the Federal Register.
    (b) Nantucket Lightship regulated mesh area. [Reserved]
    (c) Southern New England regulated mesh area--(1) Area definition. 
The Southern New England regulated mesh area is that area bounded on 
the east by straight lines connecting the following points in the order 
stated (see Figure 1 part 651):

                Southern New England Regulated Mesh Area                
------------------------------------------------------------------------
           Point                   Latitude              Longitude      
------------------------------------------------------------------------
G5.........................  41 deg.18.6' N.       66 deg.24.8' W.      
G6.........................  40 deg.55.5' N.       66 deg.38' W.        
G7.........................  40 deg.45.5' N.       68 deg.00' W.        
G8.........................  40 deg.37' N.         68 deg.00' W.        
G9.........................  40 deg.30.5' N.       69 deg.00' W.        
NL3........................  40 deg.22.7' N.       69 deg.00' W.        
NL2........................  40 deg.18.7' N.       69 deg.40' W.        
NL1........................  40 deg.50' N.         69 deg.40' W.        
G11........................  40 deg.50' N.         70 deg.00' W.        
G12........................  ....................  70 deg.00' W.\1\     
------------------------------------------------------------------------
\1\Northward to its intersection with the shoreline of mainland         
  Massachusetts; and on the west by a line running from the shoreline   
  along 72 deg.30' W. longitude to the outer boundary of the EEZ.       

    (2) Mesh-size restriction. Except as provided in paragraphs (c)(3), 
(e), (f), and (j) of this section, the minimum mesh size for any trawl 
net, sink gillnet, Scottish seine, purse seine or midwater trawl in 
use, or available for immediate use as described under paragraph (c)(4) 
of this section, by a vessel fishing in the Southern New England 
regulated mesh area, shall be 6 inches (15.24 cm) square or diamond 
mesh throughout the net. This restriction does not apply to vessels 
that have not been issued a Federal multispecies permit under 
Sec. 651.4 and are fishing exclusively in state waters.
    (3) Exemptions--(i) Species exempt. Butterfish, dogfish, herring, 
mackerel, ocean pout, scup, shrimp, squid, summer flounder, silver hake 
(whiting), and weakfish fished for in, or harvested from, the Southern 
New England regulated mesh area have been found to meet the exemption 
qualification requirements specified in paragraph (c)(5) of this 
section. Therefore, vessels subject to the mesh restrictions specified 
in paragraph (c)(2) of this section may fish for, harvest, possess, or 
land any of the above mentioned species with nets of mesh smaller than 
the minimum size specified in paragraph (c)(2) of this section in the 
Southern New England regulated mesh area, provided such vessels comply 
with the requirements specified in paragraph (c)(3)(ii) of this 
section.
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh less than the 
minimum size specified in paragraph (c)(2) of this section, provided 
that the nets are stowed and are not available for immediate use in 
accordance with paragraph (c)(4) of this section, and provided that 
regulated species were not harvested by nets of mesh size smaller than 
the minimum mesh size specified in paragraph (c)(2) of this section. 
Vessels fishing for the exempted species identified in paragraph 
(c)(3)(i) of this section may also possess and retain the following 
species, with the restrictions noted, as incidental take to these 
exempted fisheries: Conger eels (Conger oceanicus); searobins (species 
in the family Triglidae); black sea bass (Centropristis striata); red 
hake; tautog (blackfish) (Tautoga onitis); blowfish (puffer) (species 
in the family Tetraodontidae); cunner (Tautogolabrus adspersus); John 
Dory (Zenopsis conchifera); mullet (species in the family Mugilidae); 
bluefish (Pomatomus saltatrix); tilefish (Lopholatilus 
chamaeleonticeps); longhorn sculpin (Myoxocephalus octodecimspinosus); 
fourspot flounder (Paralichthys oblongus); alewife (Alosa 
pseudoharengus); hickory shad (Alosa mediocris); American shad (Alosa 
sapidissima); blueback herring (Alosa aestivalis); sea ravens 
(Hemitripterus americanus); Atlantic croaker (Micropogonias undulatus); 
spot (Leiostomus xanthurus); swordfish (Xiphias gladius); monkfish and 
monkfish parts up to 10 percent by weight of all other species on 
board; and American lobster up to 10 percent by weight of all other 
species on board or two hundred lobsters, whichever is less.
    (4) Net stowage requirements. A net that is stowed and is not 
available for immediate use conforms to one of the following 
specifications:
    (i) A net stowed below deck, provided:
    (A) It is located below the main working deck from which the net is 
deployed and retrieved;
    (B) The towing wires, including the leg wires, are detached from 
the net; and
    (C) It is fan-folded (flaked) and bound around its circumference; 
or
    (ii) A net stowed and lashed down on deck, provided:
    (A) It is fan-folded (flaked) and bound around its circumference;
    (B) It is securely fastened to the deck or rail of the vessel; and
    (C) The towing wires, including the leg wires, are detached from 
the net; or [[Page 19375]] 
    (iii) A net that is on a reel and is covered and secured, provided:
    (A) The entire surface of the net is covered with canvas or other 
similar material that is securely bound;
    (B) The towing wires, including the leg wires, are detached from 
the net; and
    (C) The codend is removed from the net and stored below deck; or
    (iv) Nets that are secured in a manner authorized in writing by the 
Regional Director.
    (5) Addition or deletion of exemptions. The Regional Director may 
add exemptions of species if he/she makes a determination that the 
fishery in which the species are fished for or caught, after 
considering the gear used, area where the fishery occurs and other 
relevant factors, has a catch of less than 5 percent by weight of 
regulated species. The Regional Director may delete an existing 
exemption if he/she makes a determination that the catch of regulated 
species is greater than or equal to 5 percent by weight. Notification 
of additions or deletions will be made through publication of a rule in 
the Federal Register.
    (d) Mid-Atlantic regulated mesh area--(1) Area definition. The Mid-
Atlantic regulated mesh area is that area bounded on the east by a line 
running from the shoreline along 72 deg.30' west longitude to the 
intersection of the outer boundary of the EEZ (see Figure 1 to part 
651).
    (2) Mesh-size restrictions. Except as provided in paragraphs 
(d)(3), (e), (f), and (j) of this section, the minimum mesh size for 
any trawl net, sink gillnet, Scottish seine, purse seine, or midwater 
trawl in use, or available for immediate use as described under 
paragraph (c)(4) of this section, by a vessel fishing in the Mid-
Atlantic regulated mesh area shall be that specified in the summer 
flounder regulations at Sec. 625.24(a) of this chapter. This 
restriction does not apply to vessels that have not been issued a 
multispecies finfish permit under Sec. 651.4 and are fishing 
exclusively in state waters.
    (3) Exemptions--(i) Species exempt. Butterfish, dogfish, herring, 
mackerel, ocean pout, scup, shrimp, summer flounder, silver hake 
(whiting), weakfish, and scallops fished for in, or harvested from, the 
Mid-Atlantic regulated mesh area have been found to meet the exemption 
qualification requirements specified in paragraph (d)(4) of this 
section. Therefore, vessels subject to the mesh restrictions specified 
in paragraph (d)(2) of this section may fish for, harvest, possess or 
land any of the above-mentioned species with nets of mesh smaller than 
the minimum size specified in paragraph (d)(2) of this section in the 
Mid-Atlantic regulated mesh area, provided such vessels comply with the 
requirements specified in paragraph (d)(3)(ii) of this section.
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh less than the 
minimum size specified in paragraph (d)(2) of this section, provided 
that the nets are stowed and are not available for immediate use in 
accordance with paragraph (c)(4) of this section, and provided that 
regulated species were not harvested by nets of mesh size smaller than 
the minimum mesh size specified in paragraph (d)(2) of this section. 
Vessels fishing for the exempted species identified in paragraph 
(d)(3)(i) of this section may also possess and retain the following 
species, with the restrictions noted, as incidental take to these 
exempted fisheries: Conger eels (Conger oceanicus); searobins (species 
in the family Triglidae); black sea bass (Centropristis striata); red 
hake; tautog (blackfish) (Tautoga onitis); blowfish (puffer) (species 
in the family Tetraodontidae); cunner (Tautogolabrus adspersus); John 
Dory (Zenopsis conchifera); mullet (species in the family Mugilidae); 
bluefish (Pomatomus saltatrix); tilefish (Lopholatilus 
chamaeleonticeps); longhorn sculpin (Myoxocephalus octodecimspinosus); 
fourspot flounder (Paralichthys oblongus); alewife (Alosa 
pseudoharengus); hickory shad (Alosa mediocris); American shad (Alosa 
sapidissima); blueback herring (Alosa aestivalis); sea ravens 
(Hemitripterus americanus); Atlantic croaker (Micropogonias undulatus); 
spot (Leiostomus xanthurus); swordfish (Xiphias gladius); skate 
(species in the family Rajidae); monkfish and monkfish parts up to 10 
percent by weight of all other species on board; and American lobster 
up to 10 percent by weight of all other species on board or two hundred 
lobsters, whichever is less.
    (4) Addition or deletion of exemptions. The Regional Director may 
add exemptions of species if he/she makes a determination that the 
fishery in which the species are fished for or caught, after 
considering the gear used, area where the fishery occurs and other 
relevant factors, has a catch of less than 5 percent by weight of 
regulated species. The Regional Director may delete an existing 
exemption if he/she makes a determination that the catch of regulated 
species is greater than or equal to 5 percent by weight. Notification 
of additions or deletions will be made through publication of a rule in 
the Federal Register.
    (e) Midwater trawl gear exemption. (1) For the GOM/GB, JL/SB, and 
Nantucket Lightship regulated mesh areas south of 42 deg.20' N. 
latitude, fishing for Atlantic herring or blueback herring, mackerel, 
and squid may take place throughout the fishing year with midwater 
trawl gear of mesh size less than the regulated size, provided that:
    (i) Midwater trawl gear is used exclusively;
    (ii) The vessel deploying midwater gear is issued an authorizing 
letter by the Regional Director;
    (iii) The authorizing letter is on board the vessel; and
    (iv) The vessel does not fish for, possess, or land multispecies 
finfish.
    (v) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or squid in areas south of 
42 deg.20' N. lat., and Atlantic herring, blueback herring, or mackerel 
in areas north of 42 deg.20' N. lat.
    (2) For the GOM/GB and JL/SB regulated mesh areas north of 
42 deg.20' N. lat., fishing for Atlantic herring or blueback herring 
and for mackerel may take place throughout the fishing year with 
midwater trawl gear of mesh size less than the regulated size, provided 
that the requirement of paragraphs (e)(1) (i) through (v) of this 
section are met.
    (f) Purse seine gear exception. For the GOM/GB, JL/SB, and 
Nantucket Lightship regulated mesh areas, fishing for Atlantic herring 
or blueback herring, mackerel, and menhaden may take place throughout 
the fishing year with purse seine gear of mesh size less than the 
regulated size, provided that:
    (1) Purse seine gear is used exclusively;
    (2) The vessel deploying the purse seine gear is issued an 
authorizing letter by the Regional Director;
    (3) The authorizing letter is on board the vessel; and
    (4) The vessel does not fish for, possess, or land multispecies 
finfish.
    (5) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden.
* * * * *
    (i) Scallop dredge vessel restrictions. Scallop vessels using 
scallop dredge gear that possess a limited access scallop permit under 
Sec. 650.4(a) of this chapter and are not fishing under the scallop 
days-at-sea program described in Sec. 650.24 of this chapter, or 
scallop dredge vessels that possess a General scallop permit under 
Sec. 650.4(b) of this chapter, are prohibited from fishing for, 
possessing on board, or landing any species of fish other than 400 
pounds (181.44 kg) of shucked scallops, or 50 [[Page 19376]] U.S. 
bushels (17.62 hl) of in-shell scallops as specified under Secs. 650.24 
and 650.4(b) of this chapter. Vessels fishing under the state waters 
exemption program in Sec. 650.27 of this chapter are exempt from this 
restriction. Vessels subject to this restriction, when fishing in the 
areas specified in paragraphs (a)(3), (a)(4), (c)(1) and (d)(1) of this 
section, may retain the exempted small-mesh species as provided under 
the small-mesh exemptions specified under paragraphs (a)(3)(i), 
(a)(4)(i), (c)(3), and (d)(3), respectively, of this section.
    (j) State waters winter flounder exemption. Any vessel issued a 
Federal multispecies permit under this part may fish for, possess, or 
land winter flounder subject to possession limits specified at 
Sec. 651.27(a)(2), while fishing with nets of mesh smaller than the 
minimum size specified in paragraphs (a)(2), (c)(2) and (d)(2) provided 
that:
    (1) The vessel has on board a certificate approved by the Regional 
Director and issued by the state agency authorizing the vessel's 
participation in the state's winter flounder fishing program and is in 
compliance with the applicable state laws pertaining to minimum mesh 
size for winter flounder;
    (2) Fishing is conducted exclusively in the waters of the state 
from which the certificate was obtained;
    (3) The state's winter flounder plan has been approved by the 
Atlantic States Marine Fisheries Commission (ASMFC) as being in 
compliance with the ASMFC Winter Flounder Fishery Management Plan;
    (4) The state elects, by a letter to the Regional Director, to 
participate in the exemption program described by this section;
    (5) The vessel does not enter or transit the EEZ;
    (6) The vessel does not enter or transit the waters of another 
state unless such other state is participating in the exemption program 
described by this section and the vessel is enrolled in that state's 
program;
    (7) The vessel does not fish for, possess, or land any regulated 
species, exclusive of winter flounder;
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small mesh species 
specified under (a)(3)(i), (c)(3), and (d)(3) of this section when 
fishing in the areas specified under (a)(3), (c)(1), and (d)(1) of this 
section, respectively; and
    (9) The vessel complies with all other applicable requirements.
    7. Section 651.21 is revised to read as follows:


Sec. 651.21  Closed areas.

    (a) Closed Area I. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area I 
(Figure 3 to part 651), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(a)(2) and (d) of this section:

------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
CI1......................  41 deg.30' N.       69 deg.23' W.            
CI2......................  40 deg.45' N.       68 deg.45' W.            
CI3......................  40 deg.45' N.       68 deg.30' W.            
CI4......................  41 deg.30' N.       68 deg.30' W.; and       
CI1......................  41 deg.30' N.       69 deg.23' W.            
------------------------------------------------------------------------

    (2) Paragraph (a)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish (Myxine 
glutinosa), and that have no other gear on board capable of catching 
multispecies finfish; and
    (ii) Fishing with or using pelagic hook or longline gear or harpoon 
gear, provided that there is no retention of regulated species, and 
provided that there is no other gear on board capable of catching 
multispecies finfish.
    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(Figure 3 to part 651), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraph 
(b)(2) of this section:

------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
ClI1.....................  41 deg.00' N.       67 deg.20' W.            
ClI2.....................  41 deg.00' N.       66 deg.35.8' W.          
G5.......................  41 deg.18.6' N.     66 deg.24.8' W. (the U.S.-
                                                Canada Maritime         
                                                Boundary)               
ClI3.....................  42 deg.22' N.       67 deg.20' W. (the U.S.- 
                                                Canada Maritime         
                                                Boundary); and          
ClI1.....................  41 deg.00' N.       67 deg.20' W.            
------------------------------------------------------------------------

    (2) Paragraph (b)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish (Myxine 
glutinosa), and which have no other gear on board capable of catching 
multispecies finfish;
    (ii) Fishing with or using pelagic hook or longline gear or harpoon 
gear, provided that there is no retention of regulated species, and 
provided that there is no other gear on board capable of catching 
multispecies finfish; and
    (iii) Transitting for safety reasons provided that:
    (A) The operator has determined that there is a compelling safety 
reason; and
    (B) Fishing gear is stowed in accordance with paragraph (e) of this 
section.
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or 
person on a fishing vessel may enter, fish, or be in the area known as 
the Nantucket Lightship Closed Area (Figure 3 to part 651), as defined 
by straight lines connecting the following points in the order stated, 
except as specified in paragraphs (c)(2) and (d) of this section:

------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
G10......................  40 deg.50' N.       69 deg.00' W.            
CN1......................  40 deg.20' N.       69 deg.00' W.            
CN2......................  40 deg.20' N.       70 deg.20' W.            
CN3......................  40 deg.50' N.       70 deg.20' W.; and       
G10......................  40 deg.50' N.       69 deg.00' W.            
------------------------------------------------------------------------

    (2) Paragraph (c)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish (Myxine 
glutinosa), and which have no other gear on board capable of catching 
multispecies finfish;
    (ii) Fishing with or using pelagic hook or longline gear or harpoon 
gear, provided that there is no retention of regulated species, and 
provided that there is no other gear on board capable of catching 
multispecies finfish;
    (iii) Fishing with or using dredge gear designed and used to take 
ocean quahogs or surf clams, and which have no other gear on board 
capable of catching multispecies finfish; and
    (iv) Classified as charter, party or recreational vessel provided 
that,
    (A) If the vessel is a party or charter vessel: It has an 
authorizing letter issued by the Regional Director on board;
    (B) Fish harvested or possessed by the vessel are not sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught; and
    (C) It has no gear other than rod and reel or handline gear on 
board.
    (d) Transitting. Vessels may transit Closed Area I and the 
Nantucket Lightship Closed Area as defined in paragraphs (a)(1) and 
(c)(1) of this section, provided that their gear is stowed in 
accordance with the provisions of paragraph (e) of this section. 
[[Page 19377]] 
    (e) Gear stowage requirements. Vessels transitting the closed areas 
specified under paragraph (a)(1), (b)(1), or paragraph (c)(1) of this 
section must stow their gear as follows:
    (1) Net vessels may not have fishing gear available for immediate 
use as specified in Sec. 651.20(c)(4).
    (2) Scallop dredge vessels must detach the towing wire from the 
scallop dredge, reel the wire up onto the winch, and secure and cover 
the dredge so that it is rendered unusable for fishing.
    (3) Hook gear vessels using gear other than pelagic hook gear must 
secure all anchors and buoys, and have all hook gear, including jigging 
machines, covered.
    (4) Sink gillnet vessels must cover all nets with canvas or other 
similar material and lash or otherwise securely fasten the nets to the 
deck or rail, and must have all buoys larger than six inches (15.24 cm) 
in diameter, high flyers and anchors disconnected.
    8. In Sec. 651.22, paragraphs (c), (d), and (e) are revised to read 
as follows:


Sec. 651.22  Effort-control program for limited access vessels.

* * * * *
    (c) Fleet Days-at-Sea program. (1) Beginning on May 1, 1994, all 
vessels issued a limited access permit that are longer than 45 ft (13.7 
m) in length that have not elected to fish under the Individual DAS 
program as specified in paragraph (a) of this section shall be subject 
to the following effort-control requirements:
    (i) Days in which vessels may not possess more than the possession 
limit of regulated species as specified in Sec. 651.27(a).
    (A) During each fishing year, beginning with 1994, vessel owners of 
all such vessels must declare periods of time out of the multispecies 
fishery totaling at least the minimum number of days listed for each 
such fishing year in the following schedule. Each period of time 
declared must be at least 20 consecutive days. At least one 20-
consecutive-day period must be declared or taken between May 1 and May 
31, or between March 1 and April 10, of each fishing year. Each fishing 
year shall begin on May 1 and extend 12 months through April 30 of the 
following year.

------------------------------------------------------------------------
                                                             Days out of
                       Fishing year                         multispecies
                                                               fishing  
------------------------------------------------------------------------
1994......................................................            80
1995......................................................            80
1996......................................................           128
1997......................................................           165
1998......................................................           200
1999......................................................           233
------------------------------------------------------------------------

    (B) During each period of time declared, the applicable vessel may 
not possess more than the possession limit of regulated species as 
specified in Sec. 651.27(a).
    (C) Adjustments to the schedule of days out of the multispecies 
fishery, if required to meet fishing mortality reduction goals, may be 
made following a reappraisal and analysis under the framework 
provisions specified in subpart C of this part.
    (D) Procedure for declaring days. Fleet DAS participants shall 
declare their periods of required time under paragraph (c)(1)(i) of 
this section, following the notification procedures specified in 
Sec. 651.29(b).
    (E) If a vessel owner has not declared, or taken, the period of 
time required between May 1 and May 31, or between March 1 and April 
10, of each fishing year on or before April 11 of each such year, the 
vessel is subject to the possession limit specified under 
Sec. 651.27(a) during the period April 11 through April 30, inclusive.
    (F) If a vessel owner has not declared, or taken, any or all of the 
remaining periods of time required under paragraph (c)(1)(i) of this 
section, by the last possible date to meet the requirement, the vessel 
is subject to the possession limit specified under Sec. 651.27(a) from 
that date through the end of the fishing year.
    (ii) Layover day requirement. (A) Fleet DAS participants engaged in 
a fishing trip that is not during the period of time declared pursuant 
to paragraph (c)(1)(i) of this section and that is longer than 24 hours 
must tie-up at the dock at the end of such trip for a period equal to 
half the time of the DAS accrued on the trip, based on hourly 
increments, as recorded through the notification procedures specified 
in Sec. 651.29(b).
    (B) Accrual of DAS. DAS under the card or call-in notification 
systems, described in Sec. 651.29 (b) and (d), respectively, shall 
accrue in hourly increments with all partial hours counted as full 
hours. A DAS, under either the card or call-in notification system, 
begins once the card has been read by the reader, or the phone call has 
been received, and confirmation has been given by the Regional 
Director. A DAS ends under either the card or phone notification 
system, when after returning to port, the card has been read by the 
reader, or the phone call has been received, and confirmation has been 
given by the Regional Director.
    (C) Tie-up time begins to accrue when the Regional Director is 
notified through the monitoring system that the trip is ended.
    (D) A vessel that remains tied to the dock beyond the time required 
will not be credited with the additional time.
    (E) A vessel required to be tied-up at the dock under this part may 
not fish or leave the dock under any capacity during the tie-up period 
unless authorized by the Regional Director.
    (2) [Reserved]
    (d) Exemptions from effort reduction program--(1) Small boat. (i) 
Beginning on May 1, 1994, vessels issued a limited access permit under 
Sec. 651.4(a) that are 45 ft (13.7 m) or less in length overall, except 
vessels using sink gillnet gear, will be exempt from the effort 
reduction program if the vessel and vessel owner comply with the 
following:
    (A) Determination of the length will be through the measurement 
along a horizontal line drawn from a perpendicular raised from the 
outside of the most forward portion of the stem of the vessel to a 
perpendicular raised from the after most portion of the stern;
    (B) To be eligible for the small-boat exemption, vessels for which 
construction is begun after May 1, 1994, must be 45 feet (13.7 m) or 
less in length and must be constructed such that the product of the 
overall length divided by the beam will not be less than 2.5; and
    (C) The measurement of length overall must be verified using 
documentation that accurately states length overall as described in 
paragraph (c)(1)(i)(A) of this section. Acceptable documentation 
includes U.S. Coast Guard documentation on vessels built after 1984, 
written verification from a qualified marine surveyor or the builder, 
or the vessel's construction plans. A copy of the length overall 
verification must accompany an application for a Federal multispecies 
permit issued under Sec. 651.4.
    (ii) Vessels fishing under the small boat exemption must bring all 
gear back to port at the conclusion of a fishing trip, except gillnets 
and gear not intended to fish for multispecies finfish, such as 
lobster.
    (iii) Adjustments to the small-boat exemption, including changes to 
the length requirement, if required to meet fishing mortality reduction 
goals, may be made following a reappraisal and analysis under the 
framework provisions specified in subpart C of this part.
    (2) Sink gillnet vessels. (i) A sink gillnet vessel greater than 45 
ft (13.7 m) in length is exempt from the DAS effort 
[[Page 19378]] reduction program of this part on all fishing trips 
during which the vessel fishes for multispecies exclusively with sink 
gillnet gear, and does not have other gear available for immediate use 
as described in Sec. 651.20(c)(4), if the vessel owner or owner's 
authorized representative complies with monitoring requirements set 
forth in Sec. 651.28(c), unless effort reduction measures are 
implemented pursuant to subpart C of this part.
    (ii) A sink gillnet vessel greater than 45 ft (13.7 m) in length 
that intends to fish for, possess or land, or does possess or land, 
more than the possession limit of regulated species as specified in 
Sec. 651.27(a) with gear other than sink gillnet gear, or has other 
gear on board that is not stowed as described in Sec. 651.20(c)(4), at 
any time during a calendar year, may fish under, and shall be subject 
to, the DAS effort reduction program of this part, except on trips that 
qualify for the exemption set forth in paragraph (d)(2)(i) of this 
section;
    (iii) A sink gillnet vessel 45 ft (13.7 m) or less in length is 
exempt from the DAS effort reduction program of this part unless effort 
reduction measures are implemented pursuant to subpart C of this part.
    (3) Hook-gear-only vessels. Vessels issued a limited access permit 
under Sec. 651.4(a) and fishing with per trip, or possessing on board 
the vessel, no more than 4,500 rigged hooks are exempt from the effort 
reduction program of this part, subject to the requirements specified 
in Sec. 651.33.
    (e) Scallop dredge vessels. Scallop dredge vessels issued a limited 
access permit under Sec. 650.4(a) of this chapter, except for 
combination vessels, may not participate in and are not subject to the 
DAS program and may not possess regulated species.
    9. In Sec. 651.23, paragraph (c) is revised to read as follows:


Sec. 651.23  Minimum fish size.

* * * * *
    (c) The minimum fish size applies to the whole fish or to any part 
of a fish while possessed on board a vessel, except as provided in 
paragraph (d) of this section, and to whole fish only, after landing. 
Fish or parts of fish must have skin on while possessed on board a 
vessel and at the time of landing in order to meet minimum size 
requirements. ``Skin on'' means the entire portion of the skin normally 
attached to the portion of the fish or fish parts possessed.
* * * * *
    10. Section 651.27 is revised to read as follows:


Sec. 651.27  Possession limits.

    (a) Regulated species possession limit--(1) Small-mesh possession 
restriction. Unless otherwise restricted pursuant to Sec. 651.20 (a), 
(e), or (f), vessels with Federal multispecies permits issued under 
this part and vessels in the EEZ that possess nets smaller than the 
minimum size specified in Sec. 651.20, are prohibited from fishing for, 
possessing on board, or landing regulated species, unless said net is 
stowed and not available for immediate use in accordance with the 
provisions of Sec. 651.20(c)(4) or unless the vessel is fishing for 
winter flounder under the state waters winter flounder exemption 
specified under Sec. 651.20(j).
    (2) Large-mesh possession restriction. Vessels that are subject to 
minimum possession restrictions that are fishing with nets that conform 
to the minimum mesh size requirements specified in Sec. 651.20 may 
possess and land up to 500 lb (226.8 kg) of regulated species subject 
to the requirements of paragraphs (a)(2) (i) through (iii) of this 
section, provided that the regulated species were not harvested by nets 
of mesh size smaller than the minimum size specified in Sec. 651.20. A 
limited access vessel subject to the DAS program, when not fishing 
under the DAS program and fishing with a net of mesh size smaller than 
the minimum size under the winter flounder exemption specified at 
Sec. 651.21(j), may possess or land up to 500 lb (226.8 kg) of winter 
flounder, and may not fish for, possess, or land other fish, except as 
provided in Sec. 651.20(j)(8).
    (i) Vessels subject to the large mesh possession restriction shall 
have on board the vessel at least one standard box or one standard 
tote.
    (ii) The regulated species stored on board the vessel shall be 
retained separately from the rest of the catch and shall be readily 
available for inspection and for measurement by placement of the 
regulated species in a standard box or standard tote if requested by an 
authorized officer.
    (iii) The maximum possession limit of regulated species, as 
specified in paragraph (a)(2) of this section, is equal to 500 lb 
(226.8 kg) or its equivalent as measured by the volume of four standard 
boxes or five standard totes.
    (b) Haddock possession limits--(1) Scallop dredge vessels.
    (i) No person owning or operating a scallop dredge vessel issued a 
permit under this part may land haddock from, or possess haddock on 
board, a scallop dredge vessel, from January 1 through June 30.
    (ii) No person owning or operating a scallop dredge vessel may 
possess haddock in, or harvested from, the EEZ, from January 1 through 
June 30.
    (iii) From July 1 through December 31, scallop dredge vessels and 
persons owning or operating scallop dredge vessels, are subject to the 
haddock possession limitations and provisions specified in 
Sec. 651.27(b)(2), unless otherwise restricted pursuant to 
Sec. 651.20(i).
    (2) Other vessels. (i) No person owning or operating a vessel 
issued a permit under this part may land, or possess on board a vessel, 
more than 500 lb (226.8 kg) of haddock.
    (ii) No person may land or possess on board a vessel more than 500 
lb (226.8 kg) of haddock in, or harvested from, the EEZ.
    (iii) Vessels subject to the haddock possession limit shall have on 
board the vessel at least one standard box or one standard tote.
    (iv) The haddock stored on board the vessel shall be retained 
separately from the rest of the catch and shall be readily available 
for inspection and for measurement by placement of the haddock in a 
standard box or standard tote if requested by an authorized officer.
    (v) The haddock possession limit is equal to 500 lb (226.8 kg) or 
its equivalent as measured by the volume of four standard boxes or five 
standard totes.
    11. Section 651.32 is revised to read as follows:


Sec. 651.32  Sink gillnet requirements to reduce harbor porpoise takes.

    (a) General. In addition to the measures specified in Secs. 651.20 
and 651.21, persons owning or operating vessels using, possessing on 
board a vessel, unless stowed in accordance with Sec. 651.20(c)(4), or 
fishing with, sink gillnet gear are subject to the following 
restrictions unless otherwise authorized in writing by the Regional 
Director:
    (1) Area closed to sink gillnets. All persons owning or operating 
vessels must remove all of their sink gillnet gear from, and may not 
use, set, haul back, fish with, or possess on board, unless stowed in 
accordance with Sec. 651.21(e)(4), a sink gillnet in the EEZ portion of 
the areas and for the times specified in paragraphs (a)(1) (i) through 
(iii) of this section; and, all persons owning or operating vessels 
issued a Federal multispecies limited access permit must remove all of 
their sink gillnet gear from, and may not use, set, haul back, fish 
with, or possess on board a vessel, unless stowed in accordance with 
Sec. 651.21(e)(4), a sink gillnet in the areas, and for the times 
specified, in [[Page 19379]] paragraphs (a)(1) (i) through (iii) of 
this section.
    (i) Northeast Closure Area. During the period August 15 through 
September 13 of each fishing year, the restrictions and requirements 
specified in the introductory text of paragraph (a)(1) of this section 
shall apply to an area known as the Northeast Closure Area, which is an 
area bounded by straight lines connecting the following points in the 
order stated (see Figure 4 to part 651).

                         Northeast Closure Area                         
------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
NE1......................  Maine shoreline     68 deg.55.0' W.          
NE2......................  43 deg.29.6' N.     68 deg.55.0' W.          
NE3......................  44 deg.04.4' N.     67 deg.48.7' W.          
NE4......................  44 deg.06.9' N.     67 deg.52.8' W.          
NE5......................  44 deg.31.2' N.     67 deg.02.7' W.          
NE6......................  Maine shoreline     67 deg.02.7' W.          
------------------------------------------------------------------------

    (ii) Mid-coast Closure Area. During the period November 1 through 
November 30 of each fishing year, the restrictions and requirements 
specified in the introductory text of paragraph (a)(1) of this section 
shall apply to an area known as the Mid-coast Closure Area, which is an 
area bounded by straight lines connecting the following points in the 
order stated (see Figure 4 to part 651).

                         Mid-coast Closure Area                         
------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
MC1......................  42 deg.45' N.       Massachusetts shoreline. 
MC2......................  42 deg.45' N.       70 deg.15' W.            
MC3......................  43 deg.15' N.       70 deg.15' W.            
MC4......................  43 deg.15' N.       69 deg.00' W.            
MC5......................  Maine shoreline     69 deg.00' W.            
------------------------------------------------------------------------

    (iii) Massachusetts Bay Closure Area. During the period March 1 
through March 30 of each fishing year, the restrictions and 
requirements specified in the introductory text of paragraph (a)(1) of 
this section shall apply to an area known as the Massachusetts Bay 
Closure Area, which is an area bounded by straight lines connecting the 
following points in the order stated (see Figure 4 to part 651).

                     Massachusetts Bay Closure Area                     
------------------------------------------------------------------------
          Point                 Latitude               Longitude        
------------------------------------------------------------------------
MB1......................  42 deg.30' N.       Massachusetts shoreline. 
MB2......................  42 deg.30' N.       70 deg.30' W.            
MB3......................  42 deg.12' N.       70 deg.30' W.            
MB4......................  42 deg.12' N.       70 deg.00' W.            
MB5......................  Cape Cod shoreline  70 deg.00' W.            
MB6......................  42 deg.00' N        Cape Cod shoreline.      
MB7......................  42 deg.00' N        Massachusetts shoreline. 
------------------------------------------------------------------------

    (2) [Reserved]
    (b) Framework adjustment. (1) By September 15 of each year, the 
Council's Harbor Porpoise Review team (HPRT) shall complete an annual 
review of harbor porpoise bycatch and abundance data in the Gulf of 
Maine sink gillnet fishery, evaluate the impacts on other measures that 
reduce harbor porpoise take, and may make recommendations on other 
``reduction-of-take'' measures in light of the harbor porpoise 
mortality reduction goals.
    (2) At the first Council meeting following the HPRT annual meeting, 
the team shall make recommendations to the Council as to what 
adjustments or changes, if any, to the ``reduction-of-take'' measures 
should be implemented in order to meet harbor porpoise mortality 
reduction goals.
    (3) The Council may request at any time that the HPRT review and 
make recommendations on any alternative ``reduction-of-take'' measures 
or develop additional ``reduction-of-take'' proposals.
    (4) Upon receiving the recommendations of the HPRT, the Regional 
Director will publish notification in the Federal Register of any 
recommended changes or additions to the ``reduction-of-take'' measures 
and provide the public with any necessary analysis and opportunity to 
comment on any recommended changes or additions.
    (5) After receiving public comment, the Council shall determine 
whether to recommend changes or additions to the ``reduction-of-take'' 
measures at the second Council meeting following the meeting at which 
it received the HPRT's recommendations.
    (6) If the Council decides to recommend changes or additions to the 
``reduction-of-take'' measures, it shall make such a recommendation to 
the Regional Director, which must include supporting rationale, and, if 
management measures are recommended, an analysis of impacts and a 
recommendation to the Regional Director on whether to publish the 
management measures as a final rule. If the Council recommends that the 
management measures should be published as a final rule, the Council 
must consider at least the factors specified in Sec. 651.40(d).
    (7) The Regional Director may accept, reject, or, with Council 
approval, modify the Council's recommendation, including the Council's 
recommendation to publish a final rule. If the Regional Director does 
not approve the Council's specific recommendation, he/she must provide 
in writing to the Council the reasons for his/her action prior to the 
first Council meeting following publication of his/her decision.
    11. The figure added to part 651 at 59 FR 26978 (May 25, 1994) is 
designated as Figure 4 to part 651.
    12. Figure 5 to part 651 is removed and Figures 1 and 3 to part 651 
are revised to read as follows:

BILLING CODE 3510-22-W
[[Page 19380]]

Figure 1 to Part 651--Regulated Mesh Areas

[GRAPHIC][TIFF OMITTED]TR18AP95.000


[[Page 19381]]

Figure 3 to Part 651--Closed Areas

[GRAPHIC][TIFF OMITTED]TR18AP95.001



[FR Doc. 95-9404 Filed 9-13-95; 8:50 am]
BILLING CODE 3510-22-C