[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34966-35011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16660]


      

[[Page 34965]]


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Part III





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



15 CFR Part 902



50 CFR Part 625, et al.



Fisheries of the Northeastern United States; Final Rule

Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules 
and Regulations

[[Page 34966]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 625, 648, 650, 651, 652, 655, and 657

[Docket No. 960612172-6172-01; I.D. 051096C]
RIN 0648-AI21


Fisheries of the Northeastern United States

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is consolidating six CFR parts governing the marine 
fisheries of the Northeast region into one new CFR part. The new part 
contains regulations implementing the fishery management plans (FMPs) 
for: summer flounder; Atlantic sea scallops; Northeast multispecies; 
Atlantic surf clams and ocean quahogs; Atlantic mackerel, squid, and 
butterfish; and Atlantic salmon and implementing management measures 
for scup. This final rule reorganizes the FMPs' and scup management 
measures into a more logical and cohesive order, removes duplicative 
and outdated provisions, and makes technical and editorial changes to 
improve readability and clarity, to achieve uniformity in regulatory 
language, and to correct errors in the existing regulations. This final 
rule also amends references to Paperwork Reduction Act (PRA) 
information collection requirements to reflect the consolidation. The 
purpose of this final rule is to make the regulations more concise, 
better organized, and thereby easier for the public to use. This action 
is part of the President's Regulatory Reinvention Initiative.

EFFECTIVE DATE: July 1, 1996, except for paragraphs (a)(78), (k), and 
(l) of Sec. 648.14, and subpart H of part 648 (Secs. 648.124--648.125), 
which are effective from July 1, through September 29, 1996.

ADDRESSES: Comments regarding burden-hour estimates for collection-of-
information requirements contained in this rule should be sent to Dr. 
Andrew A. Rosenberg, Regional Director, 1 Blackburn Drive, Gloucester, 
MA 01930 and the Office of Information and Regulatory Affairs, Office 
of Management and Budget (OMB), Washington, D.C. 20503 (Attention: NOAA 
Desk Officer).

FOR FURTHER INFORMATION CONTACT: Patricia A. Kurkul, NMFS, 508-281-
9331.

SUPPLEMENTARY INFORMATION:

Background

    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for comprehensive regulatory reform. The 
President directed all agencies to undertake a review of all their 
regulations, with an emphasis on eliminating or modifying those that 
are obsolete, duplicative, or otherwise in need of reform. This final 
rule is intended to carry out the President's directive with respect to 
those regulations implementing Northeast region FMPs and management 
measures for scup.
    Currently, regulations implementing the FMPs for the Northeast 
fisheries are contained in six separate CFR parts (50 CFR parts 625, 
650, 651, 652, 655, and 657). NMFS, through this rulemaking, removes 
those six parts and consolidates the regulations contained therein into 
one new part (50 CFR part 648). This consolidated regulation provides 
the public with a single reference source for Federal fisheries 
regulations specific to the Northeast region. The restructuring of six 
parts into a single part results in one set of regulations that is more 
concise, clearer, and easier to use than six separate parts. General 
regulations pertaining to all fisheries and regulations pertaining to 
foreign fisheries have been consolidated and restructured in new 50 CFR 
part 600 by earlier rulemaking.
    The summer flounder fishery in the Northwest Atlantic is managed 
jointly by NMFS and the Atlantic States Marine Fisheries Commission 
(Commission) under the FMP for the summer flounder fishery, which is 
implemented by regulations formerly at 50 CFR part 625. This FMP was 
prepared by the Mid-Atlantic Fishery Management Council (MAFMC) in 
cooperation with Commission and the New England Fishery Management 
Council (NEFMC) and the South Atlantic Fishery Management Council 
(SAFMC). NMFS manages the harvest of sea scallops under the FMP for the 
Atlantic sea scallop fishery, which is implemented through regulations 
formerly at 50 CFR part 650. The Northeast multispecies fishery is 
managed by NMFS under regulations implementing the FMP for the 
Northeast multispecies fishery formerly at 50 CFR part 651. The FMPs 
for the Atlantic sea scallop fishery and the Northeast multispecies 
fisheries were prepared by the NEFMC, in consultation with the MAFMC 
(multispecies and scallops) and the SAFMC (scallops). Atlantic surf 
clam and ocean quahog fisheries are managed by NMFS under regulations 
implementing the FMP for the Atlantic surf clam and ocean quahog 
fisheries formerly at 50 CFR part 652. This FMP was prepared by the 
MAFMC in consultation with the NEFMC. Atlantic mackerel, squid, and 
butterfish fisheries are managed by NMFS under the FMP for the Atlantic 
mackerel, squid, and butterfish fisheries of the Northwest Atlantic 
Ocean, which is implemented by regulations formerly at 50 CFR part 655. 
The regulations governing fishing for Atlantic mackerel, squid, and 
butterfish by vessels other than vessels of the United States are 
contained in 50 CFR part 600. This FMP was prepared by the MAFMC. The 
Atlantic salmon fishery is managed by NMFS under the FMP for Atlantic 
salmon, which is implemented by regulations formerly at 50 CFR part 
657. This FMP was prepared by the NEFMC.
    All of these FMPs were prepared under the authority of the Magnuson 
Fishery Conservation and Management Act.
    The MAFMC recently submitted to NMFS Amendment 8 to the FMP for the 
summer flounder fishery. That amendment would include scup in the 
management unit of the FMP. The MAFMC requested NMFS to impose 
management measures for scup on an emergency interim basis pending its 
requested approval and implementation of Amendment 8. The emergency 
measures imposed by NMFS formerly appeared at 50 CFR part 625.
    In new part 648, portions of the existing regulations that contain 
identical or nearly identical provisions have been combined and 
restructured into similar measures. Paragraph headings have been added 
for ease in identifying measures, and regulatory language has been 
revised to make needed technical changes and corrections and to improve 
clarity and consistency.
    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) of 15 CFR 
identifies the location of NOAA regulations for which OMB approval 
numbers have been issued. Because this final rule recodifies many 
recordkeeping and reporting requirements, it also revises section 
902.1(b) to reference correctly the new

[[Page 34967]]

sections resulting from the consolidation.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Because this rule makes only nonsubstantive and technical changes 
to existing regulations, no useful purpose would be served by providing 
advance notice and opportunity for public comment. Accordingly, the 
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B), 
for good cause finds that providing notice and opportunity for public 
comment is unnecessary. To the extent that the technical changes made 
by this rule are nonsubstantive, they are not subject to a 30-day delay 
in effective date under 5 U.S.C. 553(d). To the extent that the 
technical changes made by this rule are substantive, the Assistant 
Administrator, under 5 U.S.C. 553(d)(3), for good cause finds that it 
is impracticable, unnecessary, and contrary to the public interest to 
delay their effective date for 30 days. The technical changes do not 
require any changes in the conduct of fishery participants and thus a 
30-day delay in effective date is unnecessary. Further to delay their 
effectiveness would make it extremely difficult for the affected public 
to use and understand the regulations and, thus, such a delay would be 
impracticable and contrary to the public interest.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number.
    The following collection-of-information requirements for Northeast 
fisheries have been approved by OMB:
    (a) Approved under 0648-0018--Processed Products Family of Forms--
(1) Fishery products: Fish meal oil = 9.6 min/response; (2) fishery 
products U.S Processors and wholesalers: 3.5 min/response; (3) small 
processors = 6.6 min/response; (4) large processors = 3.85 min/
response; and (5) additional responses in mandatory fisheries = 6.6 
min/response.
    (b) Approved under 0648-0202--Northeast Permit Family of Forms--(1) 
Vessel permit (initial) = 30 min/response; (2) vessel permit (renewal) 
5 min/response; (3) appeal permit denial = 30 min/response; (4) 
operator permit = 1 hr/response; (5) dealer permit = 5 min/response; 
(6) observer deployments 2 min/response; (7) experimental fishing 
exemption = 1.9 hr/response; and (8) vessel identification = 45 min/
response.
    (c) Approved under 0648-0212--Vessel Logbooks--(1) Vessel log = 5 
min/response; (2) shellfish log = 12.5 min/response; and (3) pound net 
log = 15 min/response.
    (d) Approved under 0648-0229--Dealer Purchase Reports = 2 min/
response.
    (e) Approved under 0648-0235--Survey of Intent and Capacity--
Written response = 15 min/response; phone = 5 min/response.
    (f) Approved under 0648-0238--ITQ Allocation Transfer Request = 5 
min/response.
    (g) Approved under 0648-0240--Application to Shuck at Sea = 5 min/
response.
    (h) Approved under 0648-0305--Gear Identification Requirements = 1 
min/response.
    (i) Approved under 0648-0306--Vessel Identification Requirements = 
45 min/response.
    (j) Approved under 0648-0307--Vessel Monitoring and Communications 
Requirements (VTS) = 5 sec/response.
    The estimated response times include the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding burden estimates, or 
any other aspect of these data collections, including suggestions for 
reducing the burden, to NMFS and OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Parts 625, 648, and 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Parts 650, 652, and 655

    Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 657

    Fisheries, Fishing.

    Dated: June 24, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and, 
under the authority of 16 U.S.C. 1801 et seq.,  50 CFR chapter VI are 
amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b) the table is amended by removing in 
the left column under 50 CFR, the entries ``625.4'', ``625.5'', 
``625.6'', ``625.7'', ``625.20'', ``625.27'', ``650.4'', ``650.5'', 
``650.6'', ``650.7'', ``650.8'', ``650.24'', ``650.25'', ``650.26'', 
``650.28'', ``651.4'', ``651.5'', ``651.6'', ``651.7'', ``651.8'', 
``651.20'', ``651.21'', ``651.22'', ``651.25'', ``651.28'', ``651.29'', 
``652.4'', ``652.5'', ``652.6'', ``652.7'', ``652.9'', ``652.20'', 
``652.24'', ``655.4'' and 655.6'', and in the right column, in 
corresponding positions, the control numbers; and by adding, in 
numerical order, the following entries to read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
    CFR part or section where the                                       
 information collection requirement     Current OMB control number (all 
             is located                    numbers begin with 0648-)    
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
50 CFR                                                                  
                                                                        
                  *        *        *        *        *                 
648.4...............................  -0202, -0212                      
648.5...............................  -0202                             
648.6...............................  -0202                             
648.7...............................  -0018, -0212 and -0229            
648.8...............................  -0306, -0229                      
648.9...............................  -0202 and -0307                   
648.10..............................  -0202                             
648.11..............................  -0202                             
648.15..............................  -0202                             
648.53..............................  -0202                             
648.70..............................  -0238                             
648.74..............................  -0240                             
648.80..............................  -0202                             
648.81..............................  -0202                             
648.82..............................  -0202                             
648.84..............................  -0305                             
648.100.............................  -0202                             
648.106.............................  -0202                             
------------------------------------------------------------------------

* * * * *
    3. Part 648 is added effective July 1, 1996, except for paragraphs 
(a)(78), (k), and (l) of Sec. 648.14 and subpart H (Secs. 648.124--
648.125), which are effective from July 1, through September 29, 1996, 
to read as follows:

[[Page 34968]]

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

Subpart A--General Provisions

Sec.
648.1  Purpose and scope.
648.2  Definitions.
648.3  Relation to other laws.
648.4  Vessel permits.
648.5  Operator permits.
648.6  Dealer/processor permits.
648.7  Recordkeeping and reporting requirements.
648.8  Vessel identification.
648.9  VTS requirements.
648.10  DAS notification requirements.
648.11  At-sea sea sampler/observer coverage.
648.12  Experimental fishing.
648.13  Transfers at sea.
648.14  Prohibitions.
648.15  Facilitation of enforcement.
648.16  Penalties.

Subpart B--Management Measures for the Atlantic Mackerel, Squid, 
and Butterfish Fisheries

648.20  Maximum OYs.
648.21  Procedures for determining initial annual amounts.
648.22  Closure of the fishery.
648.23  Gear restrictions.

Subpart C--Management Measures for Atlantic Salmon

648.40  Prohibition on possession.

Subpart D-- Management Measures for the Atlantic Sea Scallop 
Fishery

648.50  Shell-height standard.
648.51  Gear and crew restrictions.
648.52  Possession restrictions.
648.53  DAS allocations.
648.54  State waters exemption.
648.55  Framework adjustments to management measures.

Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
Quahog Fisheries

648.70  Annual individual allocations.
648.71  Catch quotas.
648.72  Minimum surf clam size.
648.73  Closed areas.
648.74  Shucking at sea.
648.75  Cage identification.

Subpart F--Management Measures for the NE Multispecies Fishery

648.80  Regulated mesh areas and restrictions on gear and methods of 
fishing.
648.81  Closed areas.
648.82  Effort-control program for limited access vessels.
648.83  Minimum fish sizes.
648.84  Gear-marking requirements and gear restrictions.
648.85  Flexible Area Action System.
648.86  Possession restrictions.
648.87  Sink gillnet requirements to reduce harbor porpoise takes.
648.88  Open access permit restrictions.
648.89  Recreational and charter/party restrictions.
648.90  Framework specifications.

Subpart G--Management Measures for the Summer Flounder Fishery

648.100  Catch quotas and other restrictions.
648.101  Closures.
648.102  Time restrictions.
648.103  Minimum fish sizes.
648.104  Gear restrictions.
648.105  Possession restrictions.
648.106  Sea turtle conservation.

Subpart H--Management Measures for the Scup Fishery

648.124  Gear restrictions.
648.125  Minimum fish sizes.

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

Subpart A--General Provisions


Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, 
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the 
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP)); 
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam 
and Ocean Quahog FMP); the Northeast multispecies fishery (NE 
Multispecies FMP); and the summer flounder fishery (Summer Flounder 
FMP). These FMPs and the regulations in this part govern the 
conservation and management of fisheries of the northeastern United 
States.
    (b) This part governs domestic fishing only. Foreign fishing is 
governed under subpart F of part 600 of this chapter.


Sec. 648.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, the terms used in this part have the 
following meanings:
    Alewife means Alosa pseudoharengus.
    American lobster or lobster means Homarus americanus.
    American shad means Alosa sapidissima.
    Atlantic butterfish or butterfish means Peprilus triacanthus.
    Atlantic croaker means Micropogonias undulatus.
    Atlantic mackerel or mackerel means Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means 
the committee made up of staff representatives of the MAFMC and the 
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC 
Executive Director or a designee chairs the Committee.
    Atlantic salmon means Salmo salar.
    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    Black sea bass means Centropristis striata.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Bluefish means Pomotomus saltatrix.
    Bushel (bu) means a standard unit of volumetric measurement deemed 
to hold 1.88 ft\3\ (53.24 L) of surf clams or ocean quahogs in the 
shell.
    Cage means a container with a standard unit of volumetric 
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a 
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 
5 ft (152 cm) high.
    Chafing gear or cookies, with respect to the scallop fishery, means 
steel, rubberized or other types of donut rings, disks, washers, twine, 
or other material attached to or between the steel rings of a sea 
scallop dredge.
    Charter or party boat means any vessel that carries passengers for 
hire to engage in recreational fishing and, with respect to 
multispecies, that is not fishing under a DAS.
    Combination vessel means a vessel that has fished in any one 
calendar year with scallop dredge gear and otter trawl gear during the 
period 1988 through 1990, and that is eligible for an allocation of 
individual DAS under the NE Multispecies FMP and has applied for or 
been issued a limited access scallop permit.
    Commercial fishing or fishing commercially means fishing that is 
intended to, or results in, the barter, trade, transfer, or sale of 
fish.
    Commission means the Atlantic States Marine Fisheries Commission.
    Conger eel means Conger oceanicus.
    Cunner means Tautogolabrus adspersus.
    Council means the New England Fishery Management Council (NEFMC) 
for the Atlantic sea scallop and the NE multispecies fisheries or the 
Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic 
mackerel, squid, and butterfish; the Atlantic surf clam and ocean 
quahog; and the summer flounder fisheries.
    Day(s)-at-sea (DAS), with respect to the NE multispecies and 
scallop fisheries, means the 24-hour periods of time during which a 
fishing vessel is absent from port in which the vessel intends to fish 
for, possess or land; or fishes for, possesses, or lands regulated 
species or scallops.
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land),

[[Page 34969]]

from the owner or operator of a vessel issued a valid permit under this 
part, any species of fish, the harvest of which is managed by this 
part.
    Dredge or dredge gear, with respect to the scallop fishery, means 
gear consisting of a mouth frame attached to a holding bag constructed 
of metal rings, or any other modification to this design, that can be 
or is used in the harvest of scallops.
    Dredge bottom, with respect to scallops, means the rings and links 
found between the bail of the dredge and the club stick, which, when 
fishing, would be in contact with the sea bed. This includes the 
triangular shaped portions of the ring bag commonly known as 
``diamonds.''
    Dredge top, with respect to the scallop fishery, means the mesh 
panel in the top of a dredge and immediately adjacent rings and links 
found between the bail of the dredge, the club stick, and the two side 
panels. The bail of the dredge is the rigid structure of the forward 
portion of the dredge that connects to the warp and holds the dredge 
open. The club stick is the rigid bar at the tail of the dredge bag 
that is attached to the rings.
    Dredge vessel, with respect to the scallop fishery, means any 
fishing vessel that is equipped for fishing using dredge gear and that 
is capable of catching scallops.
    Exempted gear, with respect to the NE multispecies fishery, means 
gear that is deemed to be not capable of catching NE multispecies and 
includes: Pelagic hook and line, pelagic longline, spears, rakes, 
diving gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, 
pound nets, pelagic gillnets, pots and traps, purse seines, shrimp 
trawls (with a properly configured grate as defined under this part), 
and midwater trawls.
    Fishing trip or trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    Fishing year means:
    (1) For the scallop fishery, from March 1 through the last day of 
February of the following year.
    (2) For the NE multispecies fishery, from May 1 through April 30 of 
the following year.
    (3) For all other fisheries in this part, from January 1 through 
December 31.
    FMP means fishery management plan.
    Fourspot flounder means Paralichthys oblongus.
    Gross registered tonnage (GRT) means the gross registered tonnage 
specified on the USCG documentation for a vessel.
    Hagfish means Myxine glutinosa.
    Handline or handline gear means fishing gear that is released by 
hand and consists of one main line to which is attached no more than 
two leaders for a total of no more than three hooks. Handlines are 
retrieved only by hand, not by mechanical means.
    Harbor porpoise means Phocoena phocoena.
    Harbor Porpoise Review Team (HPRT) means a team of scientific and 
technical experts appointed by the NEFMC to review, analyze, and 
propose harbor porpoise take mitigation alternatives.
    Herring means Atlantic herring, Clupea harengus, or blueback 
herring, Alosa aestivalis.
    Hickory shad means Alosa mediocris.
    Hook gear means fishing gear that is comprised of a hook or hooks 
attached to a line and includes, but is not limited to, longline, 
setline, jigs, troll line, rod and reel, and line trawl.
    Illex means Illex illecebrosus (short-finned or summer squid).
    John Dory means Zenopsis conchifera.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Liner means a piece of mesh or any other material rigged inside or 
outside the main or outer net or dredge that restricts the mesh or ring 
size or otherwise reduces escapement.
    Link, with respect to the sea scallop fishery, means the material, 
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter 
metal rod, that joins two adjacent rings within the ring bag of a 
dredge.
    Loligo means Loligo pealei (long-finned or bone squid).
    Longhorn sculpin means Myoxocephalus octodecimspinosus.
    Longline gear means fishing gear that is or is designed to be set 
horizontally, either anchored, floating, or attached to a vessel, and 
that consists of a main or ground line with three or more gangions and 
hooks.
    Menhaden means Atlantic menhaden, Brevoortia tyrannus.
    Midwater trawl gear means trawl gear that is designed to fish for, 
is capable of fishing for, or is being used to fish for pelagic 
species, no portion of which is designed to be or is operated in 
contact with the bottom at any time.
    Monkfish or anglerfish means Lophius americanus.
    Mullet means any species in the family Mugilidae.
    Multispecies Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC to review, analyze, and 
recommend adjustments to the management measures. The team consists of 
staff from the NEFMC and the MAFMC, NMFS' Northeast Regional Office, 
the NEFSC, the USCG, an industry representative, and no more than two 
representatives from each affected coastal state appointed by the 
Commission.
    NEFSC means the Northeast Fisheries Science Center, NMFS.
    Net tonnage (NT) means the net tonnage specified on the USCG 
documentation for a vessel.
    Northeast (NE) multispecies or multispecies means the following 
species:

    American plaice--Hippoglossoides platessoides.
    Atlantic cod--Gadus morhua.
    Haddock--Melanogrammus aeglefinus.
    Ocean pout--Macrozoarces americanus.
    Pollock--Pollachius virens.
    Redfish--Sebastes marinus.
    Red hake--Urophycis chuss.
    Silver hake (whiting)--Merluccius bilinearis.
    White hake--Urophycis tenuis.
    Windowpane flounder--Scophthalmus aquosus.
    Winter flounder--Pleuronectes americanus.
    Witch flounder--Glyptocephalus cynoglossus.
    Yellowtail flounder--Pleuronectes ferrugineus.

    Northern shrimp means Pandalus borealis.
    Ocean quahog means the species Arctica islandica.
    Offload or offloading means to begin to remove, to remove, to pass 
over the rail, or otherwise take away fish from any vessel. For 
purposes of the surf clam and ocean quahog fishery, it means to 
separate physically a cage from a vessel, such as by removing the sling 
or wire used to remove the cage from the harvesting vessel.
    Operator means the master, captain, or other individual on board a 
fishing vessel, who is in charge of that vessel's operations.
    Out of the multispecies fishery or DAS program means the period of 
time during which a vessel is absent from port and is not fishing for 
regulated species under the NE multispecies DAS program.
    Pair trawl or pair trawling means to tow a single net between two 
vessels for the purpose of, or that is capable of, catching NE 
multispecies.
    Pelagic hook or longline gear means fishing gear that is not fixed, 
nor designed to be fixed, nor anchored to the bottom and that consists 
of monofilament main line (as opposed to a cable main line) to which 
gangions are attached.
    Personal use, with respect to the surf clam or ocean quahog 
fishery, means harvest of surf clams or ocean quahogs for use as bait, 
for human consumption,

[[Page 34970]]

or for other purposes (not including sale or barter) in amounts not to 
exceed 2 bu (106.48 L) per person per fishing trip.
    Postmark means independently verifiable evidence of date of 
mailing, such as U.S. Postal Service postmark, United Parcel Service 
(U.P.S.) or other private carrier postmark, certified mail receipt, 
overnight mail receipt, or receipt received upon hand delivery to an 
authorized representative of NMFS.
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, means prior to the last dock or mooring in 
port from which a vessel departs to engage in fishing, including the 
transport of fish to another port.
    Processor means a person who receives surf clams or ocean quahogs 
for a commercial purpose and removes them from a cage.
    Purse seine gear means an encircling net with floats on the top 
edge, weights and a purse line on the bottom edge, and associated gear, 
or any net designed to be, or capable of being, used in such fashion.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel, with respect to the scup fishery, 
means any vessel from which no fishing other than recreational fishing 
is conducted. Charter and party boats are considered recreational 
fishing vessels for purposes of the scup minimum size requirement.
    Regional Director means the Director, Northeast Region, NMFS, or a 
designee.
    Regulated species means the subset of NE multispecies that includes 
Atlantic cod, witch flounder, American plaice, yellowtail flounder, 
haddock, pollock, winter flounder, windowpane flounder, redfish, and 
white hake.
    Reporting month means the period of time beginning at 0001 hours 
local time on the first day of each calendar month and ending at 2400 
hours local time on the last day of each calendar month.
    Reporting week means the period of time beginning at 0001 local 
time on Sunday and ending at 2400 hours local time the following 
Saturday.
    Re-rig or re-rigged means physical alteration of the vessel or its 
gear in order to transform the vessel into one capable of fishing 
commercially for a species in the applicable fishery.
    Rigged hooks means hooks that are baited, or only need to be 
baited, in order to be fished. Unsecured, unbaited hooks and gangions 
are not considered to be rigged.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
    Scallop dredge vessel means any fishing vessel, other than a 
combination vessel, that uses or is equipped to use scallop dredge 
gear.
    Scup means Stenotomus chrysops.
    Sea Scallop Plan Development Team (PDT) means a team of technical 
experts appointed by the NEFMC.
    Sea raven means Hemitripterus americanus.
    Searobin means any species of the family Triglidae.
    Shucking or to shuck means opening or to open a scallop, surf clam, 
or ocean quahog and removing the meat or the adductor muscle from the 
shell.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from a scallop, surf clam, or 
ocean quahog shell.
    Sink gillnet or bottom-tending gillnet means with respect to the NE 
multispecies fishery, any gillnet, anchored or otherwise, that is 
designed to be, or is fished on or near the bottom in the lower third 
of the water column.
    Skate means any species of the family Rajidae.
    Smooth dogfish means Mustelis canis.
    Sorting machine means any mechanical device that automatically 
sorts whole scallops by shell height, size, or other physical 
characteristics.
    Spiny dogfish means Squalus acanthias.
    Spot means Leiostomus xanthurus.
    Square mesh, with respect to the NE multispecies fishery, means 
mesh in which the horizontal bars of the mesh run perpendicular to the 
long axis of the net so when the net is placed under a strain the mesh 
remains open to a square-like shape. Square mesh can be formed by 
hanging diamond mesh ``on the square,'' if the resulting mesh conforms 
with the above description of square mesh.
    Squid means Loligo pealei or Illex illecebrosus.
    Standard tote means a box typically constructed of plastic, 
designed to hold 100 lb (45.3 kg) of fish plus ice, and that has a 
liquid capacity of 70 L, or a volume of not more than 4,320 cubic in 
(2.5 cubic ft or 70.79 cubic cm).
    Substantially similar harvesting capacity means the same or less 
GRT and vessel length.
    Summer flounder means Paralichthys dentatus.
    Summer Flounder Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS 
Northeast Regional Office, the NEFSC, the Southeast Science Center, and 
the Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Surf clams means Atlantic surf clams of the species Spisula 
solidissima.
    Swordfish means Xiphias gladius.
    Tautog (blackfish) means Tautoga onitas.
    Tied up to the dock, with respect to NE multispecies, means to tie-
up at a dock, on a mooring, or in a harbor.
    Tilefish means Lopholatilus chamaeleonticeps.
    Target total allowable catch (TAC) means the annual domestic 
harvest targets for regulated species.
    Transfer means to begin to remove, to remove, to pass over the 
rail, or to otherwise take away fish from any vessel and move them to 
another vessel.
    Trawl sweep means the total length of the footrope on a trawl net 
that is directly attached to the webbing of a net.
    Upon returning to port, for purposes of the call-in notification 
system for the NE multispecies fishery, means the first point when a 
vessel ties up at a dock or mooring in a port at the end of a fishing 
trip.
    Vessel length means the length specified on the USCG documentation 
for a vessel or on the state registration for a vessel not required to 
be documented under title 46 U.S.C., if the state length is verified by 
an authorized officer or NMFS official.
    Vessel Tracking System (VTS) means a vessel tracking system as set 
forth in Sec. 648.9 and approved by NMFS for use by scallop and NE 
multispecies vessels, as required by this part.
    VTS unit means a device installed on board a vessel used for vessel 
tracking and transmitting the vessel's position as required by this 
part.
    Weakfish means Cynoscion regalis.
    Whiting means Merluccius bilinearis.


Sec. 648.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705.
    (b) Nothing in these regulations supersedes more restrictive state 
management measures for any of the species referenced in Sec. 648.1 
and, for Atlantic salmon, more restrictive local management measures.


Sec. 648.4  Vessel permits.

    (a) Fishery specific vessel permit information. (1) NE multispecies 
vessels. Any vessel of the United States, including a charter or party 
boat, must have been issued and have on board a valid multispecies 
permit to fish for, possess or land multispecies in or from the EEZ. 
Recreational vessels and vessels fishing for NE multispecies 
exclusively in state waters are exempt from this requirement.
    (i) Limited access multispecies permits--(A) Eligibility. To be 
eligible to

[[Page 34971]]

apply for a limited access multispecies permit, as specified in 
Sec. 648.82, in 1996 and thereafter, a vessel must have been issued a 
limited access multispecies permit for the preceding year, must be 
replacing a vessel that was issued a limited access multispecies permit 
for the preceding year, or must qualify for a 1996 limited access 
multispecies hook-gear permit under this paragraph (a)(1)(i). Vessels 
qualifying for 1996 limited access multispecies hook-gear permits are 
qualified only for that limited access permit category. A vessel is 
eligible for a 1996 limited access multispecies hook-gear permit, 
provided:
    (1) The vessel was issued a 1995 open access multispecies hook-gear 
permit and the owner or operator of the vessel submitted to the 
Regional Director, no later than January 26, 1996, fishing log reports 
dated between June 1, 1994, and June 1, 1995, when fishing with hook 
gear under the open access hook-gear permit, documenting landings of at 
least 500 lb (226.8 kg) of NE multispecies finfish, or its equivalent 
in numbers of fish; or
    (2) The vessel is replacing such a vessel.
    (B) Application/renewal restrictions. Owners of vessels must apply 
for a limited access multispecies hook-gear permit before September 1, 
1996, to receive an automatic mailing of an application to renew their 
permit in 1997 and to be assured that their permit application will be 
processed within 30 days. Vessel owners applying after December 31, 
1996, will be ineligible to apply for an initial limited access 
multispecies hook-gear permit. To renew or apply for a limited access 
multispecies permit, a completed application must be received by the 
Regional Director by the first day of the fishing year for which the 
permit is required. Failure to renew a limited access multispecies 
permit in any year bars the renewal of the permit in subsequent years.
    (C) Qualification restriction. Unless the Regional Director 
determines to the contrary, no more than one vessel may qualify, at any 
one time, for a limited access permit based on that or another vessel's 
fishing and permit history. If more than one vessel owner claims 
eligibility for a limited access permit, based on one vessel's fishing 
and permit history, the Regional Director will determine who is 
entitled to qualify for the permit and the DAS allocation according to 
paragraph (a)(1)(i)(D) of this section.
    (D) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the 
vessel's fishing and permit history for purposes of replacing the 
vessel.
    (E) Replacement vessels. To be eligible for a limited access permit 
under this section, the replacement vessel must meet the following 
criteria and any applicable criteria under paragraph (a)(1)(i)(F) of 
this section:
    (1) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel that was initially issued a 
limited access permit as of the date the initial vessel applied for 
such permit.
    (2) The replacement vessel's length, GRT, and NT may not exceed by 
more than 10 percent the length, GRT, and NT of the vessel that was 
initially issued a limited access permit as of the date the initial 
vessel applied for such permit. For purposes of this paragraph 
(a)(1)(i)(E)(2), a vessel not required to be documented under title 46 
U.S.C. will be considered to be 5 NT. For undocumented vessels, GRT 
does not apply.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and still be eligible for or be eligible to 
retain or renew a limited access permit, only if the upgrade complies 
with the following:
    (1) The vessel's horsepower may be increased, whether through 
refitting or replacement, only once. Such an increase may not exceed 20 
percent of the horsepower of the vessel initially issued a limited 
access permit as of the date the initial vessel applied for such 
permit.
    (2) The vessel's length, GRT, and NT may be increased, whether 
through refitting or replacement, only once. Any increase in any of 
these three specifications of vessel size may not exceed 10 percent of 
the respective specification of the vessel initially issued a limited 
access permit as of the date the initial vessel applied for such 
permit. If any of these three specifications is increased, any increase 
in the other two must be performed at the same time. This type of 
upgrade may be done separately from an engine horsepower upgrade.
    (G) Consolidation restriction. Limited access permits and DAS 
allocations may not be combined or consolidated.
    (H) Appeal of denial of permit. (1) Eligibility. Any applicant 
eligible to apply for an initial limited access multispecies hook-gear 
permit who is denied such permit may appeal the denial to the Regional 
Director within 30 days of the notice of denial. Any such appeal must 
be based on one or more of the following grounds, must be in writing, 
and must state the grounds for the appeal:
    (i) The information used by the Regional Director was based on 
mistaken or incorrect data.
    (ii) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria.
    (iii) The applicant has new or additional information.
    (2) Appeal review. The Regional Director will appoint a designee 
who will make the initial decision on the appeal. The appellant may 
request a review of the initial decision by the Regional Director by so 
requesting in writing within 30 days of the notice of the initial 
decision. If the appellant does not request a review of the initial 
decision within 30 days, the initial decision shall become the final 
administrative action of the Department of Commerce. Such review will 
be conducted by a hearing officer appointed by the Regional Director. 
The hearing officer shall make findings and a recommendation to the 
Regional Director which shall be advisory only. Upon receiving the 
findings and a recommendation, the Regional Director will issue a final 
decision on the appeal. The Regional Director's decision is the final 
administrative action of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access multispecies hook-gear permit may fish under the limited access 
multispecies hook-gear category, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Director authorizing the vessel to fish under the 
limited access hook-gear category. The Regional Director will issue 
such a letter for the pendency of any appeal. Any such decision is the 
final administrative action of the Department of Commerce on allowable 
fishing activity, pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. If the appeal is 
finally denied, the Regional Director shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (I) Limited access permit restrictions. (1) A vessel may be issued 
a limited access multispecies permit in only one category during a 
fishing year. Vessels may not change limited access multispecies permit 
categories during the fishing year, except as provided in

[[Page 34972]]

paragraph (a)(1)(i)(I)(2) of this section. A vessel issued a limited 
access multispecies hook-gear permit may not change its limited access 
permit category at any time.
    (2) The owner of a vessel issued a limited access multispecies 
permit may request a change in permit category, unless otherwise 
restricted by paragraph (a)(1)(i)(I)(1) of this section. In 1996, a 
vessel owner has one opportunity to request a change in permit category 
by submitting an application to the Regional Director by August 14, 
1996. If a complete application is not submitted by that date, the 
vessel must fish only in the DAS program assigned for the remainder of 
the 1996 fishing year. Any DAS that a vessel uses prior to a change in 
permit category will be counted against its allocation received under 
any subsequent permit category. For 1997 and beyond, the owner of a 
limited access multispecies vessel eligible to request a change in 
permit category must elect a category prior to the start of each 
fishing year and will have one opportunity to request a change in 
permit category by submitting an application to the Regional Director 
within 45 days of issuance of the vessel's permit. After that date, the 
vessel must remain in that permit category for the duration of the 
fishing year.
    (3) With the exception of combination vessels, sea scallop dredge 
vessels are not eligible for limited access multispecies permits.
    (J) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History (CPH) if the fishing and permit 
history of such vessel has been retained lawfully by the applicant. To 
be eligible to obtain a CPH, the applicant must show that the 
qualifying vessel meets the eligibility requirements, as applicable, in 
this part. Issuance of a valid and current CPH preserves the 
eligibility of the applicant to apply for or renew a limited access 
permit for a replacement vessel based on the qualifying vessel's 
fishing and permit history at a subsequent time, subject to the 
replacement provisions specified in this section. A CPH must be applied 
for and received on an annual basis in order for the applicant to 
preserve the fishing rights and limited access eligibility of the 
qualifying vessel. If fishing privileges have been assigned or 
allocated previously under this part, based on the qualifying vessel's 
fishing and permit history, the CPH also preserves such fishing 
privileges. Any decision regarding the issuance of a CPH for a 
qualifying vessel that has applied for or been issued previously a 
limited access permit is a final agency action subject to judicial 
review under 5 U.S.C. 704. An application for a CPH must be received by 
the Regional Director by the beginning of the fishing year for which it 
is required. Information requirements for the CPH application are the 
same as those for a limited access permit with any request for 
information about the vessel being applicable to the qualifying vessel 
that has been sunk, destroyed, or transferred. Vessel permit applicants 
who have been issued a CPH and who wish to obtain a vessel permit for a 
replacement vessel based upon the previous vessel history may do so 
pursuant to this paragraph (a)(1)(i)(J).
    (K) Abandonment or voluntary relinquishment of permits. If a 
vessel's limited access permit for a particular fishery is voluntarily 
relinquished to the Regional Director, or abandoned through failure to 
renew or otherwise, no limited access permit for that fishery may be 
re-issued or renewed based on that vessel's history or to any vessel 
relying on that vessel's history.
    (L) Restriction on permit splitting. A limited access multispecies 
permit may not be issued to a vessel or its replacement, or remain 
valid, if the vessel's permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (ii) Open access permits. Subject to the restrictions in 
Sec. 648.88, a U.S. vessel that has not been issued a limited access 
multispecies permit is eligible for an open access multispecies 
handgear or charter/party permit. A U.S. vessel that has been issued a 
valid limited access scallop permit, but that has not been issued a 
limited access multispecies permit, is eligible for an open access 
scallop multispecies possession limit permit. The owner of a vessel 
issued an open access permit may request a different open access permit 
category by submitting an application to the Regional Director at any 
time.
    (2) Atlantic sea scallop vessels--Any vessel of the United States 
that fishes for, possesses, or lands Atlantic sea scallops in 
quantities greater than 40 lb (18.14 kg) shucked, or 5 bu (176.2 L) of 
in-shell scallops per trip, except vessels that fish exclusively in 
state waters for scallops, must have been issued and carry on board a 
valid scallop permit.
    (i) Limited access scallop permits. Any vessel of the United States 
that possesses or lands more than 400 lb (181.44 kg) of shucked, or the 
equivalent amount of in-shell scallops (50 bu (176.2 L)) per trip, 
except vessels that fish exclusively in state waters for scallops, must 
have been issued and carry on board a valid limited access scallop 
permit.
    (A) Eligibility. To be eligible to apply for a limited access 
scallop permit, a vessel must have been issued a limited access scallop 
permit for the preceding year, or the vessel must be replacing a vessel 
that has been issued a limited access scallop permit for the preceding 
year.
    (B) Application/renewal restrictions. To renew or apply for a 
limited access scallop permit, a completed application must be received 
by the Regional Director by the first day of the fishing year for which 
the permit is required. Failure to renew a limited access scallop 
permit in any year bars the renewal of the permit in subsequent years.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this 
section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this 
section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Percentage ownership restrictions. (1) For any vessel acquired 
after March 1, 1994, a vessel owner is not eligible to be issued a 
limited access scallop permit for the vessel if the issuance of the 
permit will result in the vessel owner, or any person who is a 
shareholder or partner of the vessel owner, having an ownership 
interest in limited access scallop vessels in excess of 5 percent of 
the number of all limited access scallop vessels at the time of permit 
application.
    (2) Vessel owners who were initially issued a 1994 limited access 
scallop permit, or were issued or renewed a limited access scallop 
permit for a vessel in 1995 and thereafter in compliance with the 
ownership restrictions in paragraph (a)(2)(i)(H)(1) of this section, 
are eligible to renew such permit(s), regardless of whether the renewal 
of the permits will result in the 5 percent ownership restriction being 
exceeded.
    (3) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who 
are partners (general or limited) to a vessel owner, or who, in any 
way, partly own a vessel.
    (I) Limited access permit restrictions. A vessel may be issued a 
limited access scallop permit in only one category during a fishing 
year. The owner of a vessel issued a limited access scallop

[[Page 34973]]

permit must elect a permit category for that vessel prior to the start 
of each fishing year and will have one opportunity to request a change 
in permit category by submitting an application to the Regional 
Director within 45 days of issuance of the vessel's permit. After this 
date, the vessel must remain in that permit category for the duration 
of the fishing year. Any DAS that a vessel uses prior to a change in 
permit category will be counted against its allocation received under 
any subsequent permit category.
    (J) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (ii) General scallop permit. Any vessel of the United States that 
is not in possession of a limited access scallop permit, and that 
possesses, or lands per trip, more than 40 lb (18.14 kg) and less than 
or including 400 lb (181.44 kg) of shucked meats, or the equivalent 
amount of in-shell scallops (5 and 50 bu (176.2 L and 176.2 L), 
respectively), except vessels that fish exclusively in state waters for 
scallops, must carry on board a valid general scallop permit.
    (3) Summer flounder vessels. Any vessel of the United States that 
fishes for or retains summer flounder in the EEZ must have been issued 
and carry on board a valid summer flounder permit, except for vessels 
other than party or charter vessels that observe the possession limit 
set forth in Sec. 648.105.
    (i) Moratorium permits (applicable through 1997). (A) Eligibility. 
To be eligible to apply for a moratorium permit to fish for and retain 
summer flounder in excess of the possession limit in Sec. 648.105 in 
the EEZ, a vessel must have been issued a summer flounder moratorium 
permit in a previous year or be replacing a vessel that was issued a 
moratorium permit for a previous year.
    (B) Application/renewal restriction. No one may apply for a summer 
flounder moratorium permit for a vessel after:
    (1) The owner retires the vessel from the fishery.
    (2) The vessel fails to land any summer flounder at least once 
within any 52-consecutive-week period.
    (C) Replacement vessels. To be eligible for a moratorium permit, 
the replacement vessel must be replacing a vessel of substantially 
similar harvesting capacity that is judged unseaworthy by the USCG, for 
reasons other than lack of maintenance, or that involuntarily left the 
fishery during the moratorium. Both the entering and replaced vessels 
must be owned by the same person. Vessel permits issued to vessels that 
involuntarily leave the fishery may not be combined to create larger 
replacement vessels.
    (ii) Party and charter boat permits. Any party or charter boat is 
eligible for a permit to fish for summer flounder, other than a summer 
flounder moratorium permit, if it is carrying passengers for hire. Such 
vessel must observe the possession limits specified in Sec. 648.105.
    (iii) Exemption permits. Owners of summer flounder vessels seeking 
an exemption from the minimum mesh requirement under the provisions of 
Sec. 648.104(b)(1) must apply to the Regional Director under paragraph 
(c) of this section at least 7 days prior to the date they wish the 
permit to become effective. The applicant must mark ``Exemption Permit 
Request'' on the permit application at the top. A permit issued under 
this paragraph (a)(3)(iii) does not meet the requirements of paragraph 
(a)(3)(i) of this section, but is subject to the other provisions of 
this section. Persons issued an exemption permit must surrender it to 
the Regional Director at least 1 day prior to the date they wish to 
fish not subject to the exemption. The Regional Director may impose 
temporary additional procedural requirements by publishing a 
notification in the Federal Register.
    (4) Surf clam and ocean quahog vessels.--Any vessel of the United 
States that fishes for surf clams or ocean quahogs, except vessels 
taking surf clams and ocean quahogs for personal use or fishing 
exclusively within state waters, must have been issued and carry on 
board a valid surf clam or ocean quahog permit, respectively.
    (5) Mackerel, squid, and butterfish vessels--Beginning on January 
1, 1997, any vessel of the United States, including party or charter 
vessels, that fishes for, possesses, or lands mackerel, squid, or 
butterfish in or from the EEZ, must have been issued and carry on board 
a valid Loligo and butterfish moratorium permit, incidental catch 
permit, mackerel and Illex permit or party/charter permit. This 
requirement does not apply to recreational fishing vessels. Until 
January 1, 1997, vessels that have been issued 1995 Federal mackerel, 
squid, and butterfish permits and are not otherwise subject to permit 
sanctions due to enforcement proceedings, may fish for, possess, or 
land mackerel, squid, or butterfish in or from the EEZ.
    (i) Loligo squid and butterfish moratorium permits. (A) 
Eligibility. A vessel is eligible for a moratorium permit to fish for 
and retain Loligo squid or butterfish in excess of the incidental catch 
allowance specified in paragraph (a)(5)(i) of this section, if it meets 
any of the following criteria:
    (1) The vessel landed and sold at least 20,000 lb (9.07 mt) of 
Loligo squid or butterfish in any 30 consecutive day period between 
August 13, 1981, and August 13, 1993.
    (2) The vessel is replacing such a vessel and meets the 
requirements of paragraph (a)(3)(i)(C) of this section.
    (B) Application/renewal restrictions. No one may apply for an 
initial Loligo squid and butterfish moratorium permit for a vessel 
after:
    (1) May 2, 1997.
    (2) The owner retires the vessel from the fishery.
    (C) Replacement vessels. See paragraph (a)(3)(i)(C) of this 
section.
    (D) Appeal of denial of permit. (1) Any applicant denied a 
moratorium permit may appeal to the Regional Director within 30 days of 
the notice of denial. Any such appeal shall be in writing. The only 
ground for appeal is that the Regional Director erred in concluding 
that the vessel did not meet the criteria in paragraph (a)(5)(i)(A)(1) 
of this section. The appeal shall set forth the basis for the 
applicant's belief that the Regional Director's decision was made in 
error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Director.
    (3) The hearing officer shall make a recommendation to the Regional 
Director.
    (4) The decision on the appeal by the Regional Director is the 
final decision of the Department of Commerce.
    (ii) Incidental catch permits. Any vessel of the United States may 
obtain a permit to fish for or retain up to 2,500 lb (1.13 mt) of 
Loligo squid or butterfish as an incidental catch in another directed 
fishery. The incidental catch allowance may be revised by the Regional 
Director, based upon a recommendation by the Council, following the 
procedure set forth in Sec. 648.21.
    (iii) Mackerel and Illex squid permits. Any vessel of the United 
States may obtain a permit under this section to fish for or retain 
Atlantic mackerel or Illex squid in or from the EEZ.
    (iv) Party and charter boat permits. The owner of any party or 
charter boat must obtain a permit to fish for or retain in or from the 
EEZ mackerel, squid, or butterfish while carrying passengers for hire.
    (b) Permit conditions. Vessel owners who apply for a fishing vessel 
permit under this section must agree as a condition of the permit that 
the vessel

[[Page 34974]]

and vessel's fishing activity, catch, and pertinent gear (without 
regard to whether such fishing occurs in the EEZ or landward of the 
EEZ, and without regard to where such fish or gear are possessed, 
taken, or landed), are subject to all requirements of this part, unless 
exempted from such requirements under this part. All such fishing 
activities, catch, and pertinent gear will remain subject to all 
applicable state requirements. Except as otherwise provided in this 
part, 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 for any species managed under this part must comply with the 
more restrictive requirement. Owners and operators of vessels fishing 
under the terms of a summer flounder moratorium permit must also agree, 
as a condition of the permit, not to land summer flounder in any state 
that the Regional Director has determined no longer has commercial 
quota available. A state not receiving an allocation of summer flounder 
shall be deemed to have no commercial quota available. Owners or 
operators fishing for surf clams and ocean quahogs within waters under 
the jurisdiction of any state that requires cage tags are not subject 
to any conflicting Federal minimum size or tagging requirements. If a 
surf clam and ocean quahog requirement of this part differs from a surf 
clam and ocean quahog management measure required by a state that does 
not require cage tagging, any vessel owner or operator permitted to 
fish in the EEZ for surf clams and ocean quahogs must comply with the 
more restrictive requirement while fishing in state waters. However, 
surrender of a surf clam and ocean quahog vessel permit by the owner by 
certified mail addressed to the Regional Director allows an individual 
to comply with the less restrictive state minimum size requirement, so 
long as fishing is conducted exclusively within state waters.
    (c) Vessel permit applications--(1) General. Applicants for a 
permit under this section must submit a completed application on an 
appropriate form obtained from the Regional Director. The application 
must be signed by the owner of the vessel, or the owner's authorized 
representative, and be submitted to the Regional Director at least 30 
days before the date on which the applicant desires to have the permit 
made effective. The Regional Director will notify the applicant of any 
deficiency in the application pursuant to this section. Vessel owners 
who are eligible to apply for limited access or moratorium permits 
under this part shall provide information with the application 
sufficient for the Regional Director to determine whether the vessel 
meets the applicable eligibility requirements specified in this 
section.
    (2) Information requirements. (i) An application for a permit 
issued under this section, in addition to the information specified in 
paragraph (c)(1) of this section, also 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; USCG documentation number and a copy of the vessel's 
current USCG documentation or, for a vessel not required to be 
documented under title 46 U.S.C., the vessel's state registration 
number and a copy of the current state registration; a copy of the 
vessel's current party/charter boat license (if applicable); home port 
and principal port of landing; length overall; GRT; NT; 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; number of party or charter passengers 
licensed to carry (if applicable); permit category; if the owner is a 
corporation, a copy of the current Certificate of Incorporation or 
other corporate papers showing the date of incorporation and the names 
of the current officers of the corporation, and the names and addresses 
of all shareholders owning 25 percent or more of the corporation's 
shares; if the owner is a partnership, a copy of the current 
Partnership Agreement and the names and addresses of all partners; if 
there is more than one owner, names of all owners having a 25-percent 
interest or more; the name and signature of the owner or the owner's 
authorized representative; and permit number of any current or, if 
expired, previous Federal fishery permit issued to the vessel.
    (ii) An application for an initial limited access multispecies 
hook-gear permit must also contain the following information:
    (A) If the engine horsepower was changed or a contract to change 
the engine horsepower had been entered into prior to May 1, 1996, such 
that it is different from that stated in the vessel's most recent 
application for a Federal fisheries permit before May 1, 1996, 
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.
    (B) If the length, GRT, or NT was changed or a contract to change 
the length, GRT, or NT been entered into prior to May 1, 1996, 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, GRT, or NT. However, the upgrade must 
be completed within 1 year from the date when the contract for the 
upgrade was signed.
    (iii) An application for a multispecies permit must also contain a 
copy of the vendor installation receipt from a NMFS certified VTS 
vendor as described in Sec. 648.9, if the vessel has been issued a 
limited access multispecies Combination Vessel permit or individual DAS 
category permit, or if the applicant elects to use a VTS unit, although 
not required.
    (iv) An application for a limited access scallop permit must also 
contain the following information:
    (A) For every person named by applicants for limited access scallop 
permits pursuant to paragraph (c)(2)(i) of this section, the names of 
all other vessels in which that person has an ownership interest and 
for which a limited access scallop permit has been issued or applied 
for.
    (B) If applying for full-time or part-time limited access scallop 
permit, or if opting to use a VTS unit, though not required, a copy of 
the vendor installation receipt from a NMFS-approved VTS vendor as 
described in Sec. 648.9.
    (C) If applying to fish under the small dredge program set forth 
under Sec. 648.51(e), an annual declaration into the program.
    (v) An application for a surf clam and ocean quahog permit must 
also contain the pump horsepower.
    (d) Fees. The Regional Director may charge a fee to recover 
administrative expenses of issuing a permit required under this 
section. The amount of the fee is calculated in accordance with the 
procedures of the NOAA Finance Handbook, available from the Regional 
Director, for determining administrative costs of each special product 
or service. The fee may not exceed such costs and is specified with 
each application form. The appropriate fee must accompany each 
application; if it does not, the application will be considered 
incomplete for purposes of paragraph (e) of this section. Any fee paid 
by an insufficiently funded commercial instrument shall render any 
permit issued on the basis thereof null and void.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the

[[Page 34975]]

Regional Director shall issue a permit within 30 days of receipt of the 
application, unless the application is deemed incomplete for the 
following reasons:
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7;
    (ii) The application was not received by the Regional Director by 
the applicable deadline set forth in this section;
    (iii) The applicant and applicant's vessel failed to meet all 
applicable eligibility requirements set forth in this section;
    (iv) The applicant applying for a limited access multispecies 
combination vessel or individual DAS permit, a full-time or part-time 
limited access scallop permit, or electing to use a VTS, has failed to 
meet all of the VTS requirements specified in Secs. 648.9 and 648.10; 
or
    (v) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Incomplete applications. Upon receipt of an incomplete or 
improperly executed application for any permit under this part, the 
Regional Director shall notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Change in permit information. Any change in the information 
specified in paragraph (c)(2) of this section must be submitted by the 
applicant in writing to the Regional Director within 15 days of the 
change, or the permit is void.
    (g) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (h) Duration. A permit will continue in effect unless it is 
revoked, suspended, or modified under 15 CFR part 904, or otherwise 
expires, or ownership changes, or the applicant has failed to report 
any change in the information on the permit application to the Regional 
Director as specified in paragraph (f) of this section. However, the 
Regional Director may authorize the continuation of a permit if the new 
owner so requests. Applications for permit continuations must be 
addressed to the Regional Director.
    (i) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (j) Reissuance. Permits may be issued by the Regional Director when 
requested in writing by the owner, stating the need for reissuance, the 
name of the vessel, and the fishing permit number assigned. An 
application for a reissued permit will not be considered a new 
application. The fee for a reissued permit shall be the same as for an 
initial permit.
    (k) Transfer. Permits issued under this part are not transferable 
or assignable. A permit will be valid only for the fishing vessel and 
owner for which it is issued.
    (l) Display. The permit must be carried, at all times, on board the 
vessel for which it is issued, and must be maintained in legible 
condition. The permit shall be subject to inspection upon request by 
any authorized official.
    (m) Sanctions. The Assistant Administrator may suspend, revoke, or 
modify, any permit issued or sought under this section. Procedures 
governing enforcement-related permit sanctions or denials are found at 
subpart D of 15 CFR part 904.


Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing sea 
scallops in excess of 40 lb (18.1 kg), NE multispecies, Atlantic 
mackerel, squid or butterfish harvested in or from the EEZ, or issued a 
permit for these species under this part, must have and carry on board 
a valid operator permit issued under this section. An operator permit 
issued pursuant to part 649 shall satisfy the permitting requirement of 
this section. This requirement does not apply to operators of 
recreational vessels.
    (b) Operator permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
provided by the Regional Director. The application must be signed by 
the applicant and submitted to the Regional Director at least 30 days 
before the date upon which the applicant desires to have the permit 
made effective. The Regional Director will notify the applicant of any 
deficiency in the application, pursuant to this section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree as a condition of this permit that the 
operator and vessel's fishing, catch, crew size, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward 
of the EEZ, and without regard to where such fish or gear are 
possessed, taken, or landed) are subject to all requirements of this 
part while fishing in the EEZ or on board a vessel for which a permit 
is issued under Sec. 648.4, unless exempted from such requirements 
under Sec. 648.12. The vessel and all such fishing, catch, and gear 
will remain subject to all applicable state or local requirements. 
Further, such operators must agree, as a condition of this permit, 
that, if the permit is suspended or revoked pursuant to 15 CFR part 
904, the operator cannot be aboard any fishing vessel issued a Federal 
fisheries permit or any vessel subject to Federal fishing regulations 
while the vessel is at sea or engaged in offloading. If a requirement 
of this part and a management measure required by state or local law 
differ, any operator issued a permit under this part must comply with 
the more restrictive requirement.
    (d) Information requirements. An applicant must provide at least 
all the following information and any other information required by the 
Regional Director: Name, mailing address, and telephone number; date of 
birth; hair color; eye color; height; weight; social security number 
(optional); and signature of the applicant. The applicant must also 
provide two recent (no more than 1 year old), color, passport-size 
photographs.
    (e) Fees. Same as Sec. 648.4(d).
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director shall issue an operator's permit within 30 days 
of receipt of a completed application, if the criteria specified herein 
are met. Upon receipt of an incomplete or improperly executed 
application, the Regional Director will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (g) Expiration. Same as Sec. 648.4(g).
    (h) Duration. A permit is valid until it is revoked, suspended or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Director as specified in paragraph (k) of 
this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Director when requested in writing by the 
applicant, stating the need for reissuance and the Federal operator 
permit number assigned. An applicant for a reissued permit must also 
provide two recent, color, passport-size photos of the applicant. An 
application for a reissued permit will not be considered a new 
application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this part are not transferable 
or assignable. A permit is valid only for the person to whom it is 
issued.

[[Page 34976]]

    (k) Change in permit application information. Notice of a change in 
the permit holder's name, address, or telephone number must be 
submitted in writing to, and received by, the Regional Director within 
15 days of the change in information. If written notice of the change 
in information is not received by the Regional Director within 15 days, 
the permit is void.
    (l) Alteration. Same as Sec. 648.4(i).
    (m) Display. Any permit issued under this part must be maintained 
in legible condition and displayed for inspection upon request by any 
authorized officer or NMFS official.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be aboard a federally permitted fishing vessel in any capacity 
while the vessel is at sea or engaged in offloading. Procedures 
governing enforcement related permit sanctions and denials are found at 
subpart D of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.


Sec. 648.6  Dealer/processor permits.

    (a) General. All NE multispecies, scallop, summer flounder, surf 
clam and ocean quahog dealers, and surf clam and ocean quahog 
processors must have been issued and have in their possession a permit 
for such species issued under this section. As of January 1, 1997, all 
mackerel, squid, and butterfish dealers must have been issued and have 
in their possession a valid dealers permit for those species.
    (b) Dealer/processor permit applications. Same as Sec. 648.5(b).
    (c) Information requirements. Applications must contain at least 
the following information, and any other information required by the 
Regional Director: Company name, place(s) of business (principal place 
of business if applying for a surf clam and ocean quahog permit), 
mailing address(es) and telephone number(s), owner's name, dealer 
permit number (if a renewal), name and signature of the person 
responsible for the truth and accuracy of the application, a copy of 
the certificate of incorporation if the business is a corporation, and 
a copy of the Partnership Agreement and the names and addresses of all 
partners if the business is a partnership.
    (d) Fees. Same as Sec. 648.4(d).
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director will issue a permit at any time during the 
fishing year to an applicant, unless the applicant fails to submit a 
completed application. An application is complete when all requested 
forms, information, and documentation have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7 
during the 12 months immediately preceding the application. Upon 
receipt of an incomplete or improperly executed application, the 
Regional Director will notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Expiration. Same as Sec. 648.4(g).
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Director as 
required by paragraph (j) of this section.
    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Director when requested in writing by the 
applicant, stating the need for reissuance and the Federal dealer 
permit number assigned. An application for a reissued permit will not 
be considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this part are not transferable 
or assignable. A permit is valid only for the person to whom, or other 
business entity to which, it is issued.
    (j) Change in application information. Same as Sec. 648.5(k).
    (k) Alteration. Same as Sec. 648.4(i).
    (l) Display. Same as Sec. 648.5(m).
    (m) Federal versus state requirements. If a requirement of this 
part differs from a fisheries management measure required by state law, 
any dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Same as Sec. 648.4(m).


Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Weekly report. Federally-permitted dealers must 
send by mail to the Regional Director, or official designee, on a 
weekly basis on forms supplied by or approved by the Regional Director 
a report of fish purchases, except that surf clam and ocean quahog 
dealers or processors are required only to report surf clam and ocean 
quahog purchases. If authorized in writing by the Regional Director, 
dealers may submit reports electronically or through other media. The 
following information, and any other information required by the 
Regional Director, must be provided in the report:
    (i) Summer flounder, scallop, NE multispecies and squid, mackerel 
and butterfish dealers must provide: Name and mailing address of 
dealer, dealer number, name and permit number of the vessels from which 
fish are landed or received, dates of purchases, pounds by species, 
price by species, and port landed. If no fish are purchased during the 
week, a report so stating must be submitted. All report forms must be 
signed by the dealer or other authorized individual.
    (ii) Surf clam and ocean quahog processors and dealers must 
provide: Date of purchase or receipt; name, permit number and mailing 
address; number of bushels by species; cage tag numbers; allocation 
permit number; vessel name and permit number; price per bushel by 
species. Dealers must also report disposition of surf clams or ocean 
quahogs, including name and permit number of recipients. Processors 
must also report size distribution and meat yield per bushel by 
species.
    (2) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to submit the following 
information on an annual basis, on forms supplied by the Regional 
Director:
    (i) Summer flounder, scallop, NE multispecies, and squid, mackerel 
and butterfish dealers must complete the ``Employment Data'' section of 
the Annual Processed Products Reports; completion of the other sections 
of that form is voluntary. Reports must be submitted to the address 
supplied by the Regional Director.
    (ii) Surf clam and ocean quahog processors and dealers must provide 
the average number of processing plant employees during each month of 
the year just ended; average number of employees engaged in production 
of processed surf clam and ocean quahog products, by species, during 
each month of the year just ended; plant capacity to process surf clam 
and ocean quahog shellstock, or to process surf clam and ocean quahog 
meats into finished products, by species; an estimate, for the next 
year, of such processing capacities; and total payroll for surf clam 
and ocean quahog processing, by month. If the plant processing 
capacities described in this paragraph (a)(2)(ii) change more than 10 
percent during any year, the processor shall promptly notify the 
Regional Director.
    (b) Vessel owners--(1) Fishing Vessel Log Reports--(i) Owners of 
vessels issued summer flounder moratorium, scallop, multispecies, or 
mackerel, squid, and butterfish permits. The owner or operator of any 
vessel issued a vessel permit for summer flounder

[[Page 34977]]

moratorium, scallops, NE multispecies, or, as of January 1, 1997, a 
mackerel, squid, or butterfish vessel permit, must maintain on board 
the vessel, and submit, an accurate daily fishing log report for all 
fishing trips, regardless of species fished for or taken, on forms 
supplied by or approved by the Regional Director. If authorized in 
writing by the Regional Director, vessel owners or operators may submit 
reports electronically, for example by using a VTS or other media. At 
least the following information, and any other information required by 
the Regional Director, must be provided: Vessel name; USCG 
documentation number (or state registration number, if undocumented); 
permit number; date/time sailed; date/time landed; trip type; number of 
crew; number of anglers (if a charter or party boat); gear fished; 
quantity and size of gear; mesh/ring size; chart area fished; average 
depth; latitude/longitude (or loran station and bearings); total hauls 
per area fished; average tow time duration; pounds, by species, of all 
species landed or discarded; dealer permit number; dealer name; date 
sold; port and state landed; and vessel operator's name, signature, and 
operator permit number (if applicable).
    (ii) Surf clam and ocean quahog vessel owners and operators. The 
owner or operator of any vessel conducting any surf clam and ocean 
quahog fishing operations, except those conducted exclusively in waters 
of a state that requires cage tags or when he/she has surrendered the 
surf clam and ocean quahog fishing vessel permit, shall maintain, on 
board the vessel, an accurate daily fishing log for each fishing trip, 
on forms supplied by the Regional Director, showing at least: Name and 
permit number of the vessel, total amount in bushels of each species 
taken, date(s) caught, time at sea, duration of fishing time, locality 
fished, crew size, crew share by percentage, landing port, date sold, 
price per bushel, buyer, tag numbers from cages used, quantity of surf 
clams and ocean quahogs discarded, and allocation permit number.
    (iii) Owners of party and charter boats. The owner of any party or 
charter boat issued a summer flounder permit other than a moratorium 
permit and carrying passengers for hire shall maintain on board the 
vessel, and submit, an accurate daily fishing log report for each 
charter or party fishing trip that lands summer flounder, unless such a 
vessel is also issued a summer flounder moratorium permit, a sea 
scallop permit, a multispecies permit, or, as of January 1, 1997, a 
mackerel, squid or butterfish permit, in which case a fishing log 
report is required for each trip regardless of species retained. If 
authorized in writing by the Regional Director, vessel owners may 
submit reports electronically, for example, by using a VTS or other 
media. At least the following information, and any other information 
required by the Regional Director, must be provided: Vessel name; USGC 
documentation number (or state registration number, if undocumented); 
permit number; date/time sailed; date/time landed; trip type; number of 
crew; number of anglers; gear fished; quantity and size of gear; chart 
area fished; average depth; latitude/longitude (or loran station and 
bearings); average tow time duration; count, by species, of all species 
landed or discarded; port and state landed; and vessel operator's name, 
signature, and operator permit number (if applicable).
    (c) When to fill out a log report. Log reports required by 
paragraph (b)(1)(i) of this section must be filled out, except for 
information required but not yet ascertainable, before offloading or 
landing has begun. All information must be filled out before starting 
the next fishing trip. Log reports required by paragraph (b)(1)(ii) of 
this section must be filled out before landing any surf clams or ocean 
quahogs. Log reports required by paragraph (b)(1)(iii) of this section 
must be filled out, except for information required but not yet 
ascertainable, before offloading or landing has begun. All information 
required in paragraph (b)(1)(iii) of this section must be filled out 
for each fishing trip by the end of each fishing trip.
    (d) Inspection. All persons required to submit reports under this 
section, upon the request of an authorized officer, or by an employee 
of NMFS designated by the Regional Director to make such inspections, 
must make immediately available for inspection copies of the required 
reports that have been submitted, or should have been submitted, and 
the records upon which the reports were based. At any time during or 
after a trip, owners and operators must make immediately available for 
inspection the fishing log reports currently in use, or to be 
submitted.
    (e) Record retention. Copies of reports, and records upon which the 
reports were based, must be retained and be available for review for 1 
year after the date of the last entry on the report. Copies of fishing 
log reports must be retained and available for review for 1 year after 
the date of the last entry on the log. Dealers must retain required 
reports and records at their principal place of business.
    (f) Submitting reports--(1) Dealer or processor reports. Weekly 
dealer or processor reports must be received or postmarked, if mailed, 
within 3 days after the end of each reporting week. Each dealer will be 
sent forms and instructions, including the address to which to submit 
reports, shortly after receipt of a dealer permit. If no fish or fish 
product was purchased during a week, a report so stating must be 
submitted. Annual reports for a calendar year must be submitted to NMFS 
Statistics, and must be postmarked by February 10 of the following 
year. Contact the Regional Director for the address of NMFS Statistics.
    (2) Fishing vessel log reports. Fishing log reports must be 
received or postmarked, if mailed, within 15 days after the end of the 
reporting month. Each owner will be sent forms and instructions, 
including the address to which to submit reports, shortly after receipt 
of a Federal fisheries permit. If no fishing trip is made during a 
month, a report so stating must be submitted. Annual reports must be 
submitted to NMFS Statistics and must be postmarked by February 10 of 
the following year.
    (3) At-sea purchasers, receivers, or processors. All persons 
purchasing, receiving, or processing any summer flounder or mackerel, 
squid, and butterfish at sea for landing at any port of the United 
States must submit information identical to that required by paragraph 
(a)(1) or (a)(2) of this section, as applicable, and provide those 
reports to the Regional Director or designee on the same frequency 
basis.


Sec. 648.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel subject to 
this part and over 25 ft (7.6 m) in registered length must:
    (1) Affix permanently its name on the port and starboard sides of 
the bow and, if possible, on its stern.
    (2) Display its official number on the port and starboard sides of 
the deckhouse or hull, and on an appropriate weather deck so as to be 
clearly visible from enforcement vessels and aircraft. The official 
number is the USCG documentation number or the vessel's state 
registration number for vessels not required to be documented under 
title 46 U.S.C.
    (b) Numerals. Except as provided in paragraph (d) of this section, 
the official number must be displayed in block arabic numerals in 
contrasting color at least 18 inches (45.7 cm) in height for fishing 
vessels over 65 ft (19.8 m) in

[[Page 34978]]

registered length, and at least 10 inches (25.4 cm) in height for all 
other vessels over 25 ft (7.6 m) in registered length. The registered 
length of a vessel, for purposes of this section, is that registered 
length set forth in USCG or state records.
    (c) Duties of owner. The owner of each vessel subject to this part 
shall ensure that--
    (1) The vessel's name and official number are kept clearly legible 
and in good repair.
    (2) No part of the vessel, its rigging, its fishing gear, or any 
other object obstructs the view of the official number from any 
enforcement vessel or aircraft.
    (d) Non-permanent marking. Vessels carrying recreational fishing 
parties on a per capita basis or by charter must use markings that meet 
the above requirements, except for the requirement that they be affixed 
permanently to the vessel. The non-permanent markings must be displayed 
in conformity with the above requirements.
    (e) New Jersey surf clam or ocean quahog vessels. Instead of 
complying with paragraph (a) of this section, surf clam or ocean quahog 
vessels licensed under New Jersey law may use the appropriate vessel 
identification markings established by that state.


Sec. 648.9  VTS requirements.

    (a) Approval. The Regional Director will annually approve VTSs that 
meet the minimum performance criteria specified in paragraph (b) of 
this section. Any changes to the performance criteria will be published 
annually in the Federal Register and a list of approved VTSs will be 
published in the Federal Register upon addition or deletion of a VTS 
from the list. In the event that a VTS is deleted from the list, vessel 
owners that purchased a VTS unit that is part of that VTS prior to 
publication of the revised list will be considered to be in compliance 
with the requirement to have an approved unit, unless otherwise 
notified by the Regional Director.
    (b) Minimum VTS performance criteria. The basic required features 
of the VTS are as follows:
    (1) The VTS shall be tamper proof, i.e., shall not permit the input 
of false positions; furthermore, if a system uses satellites to 
determine position, satellite selection should be automatic to provide 
an optimal fix and should not be capable of being manually overridden 
by any person aboard a fishing vessel or by the vessel owner.
    (2) The VTS shall be fully automatic and operational at all times, 
regardless of weather and environmental conditions.
    (3) The VTS shall be capable of tracking vessels in all U.S. waters 
in the Atlantic Ocean from the shoreline of each coastal state to a 
line 215 nm offshore and shall provide position accuracy to within 400 
m (1,300 ft).
    (4) The VTS shall be capable of transmitting and storing 
information including vessel identification, date, time, and latitude/
longitude.
    (5) The VTS shall provide accurate hourly position transmissions 
every day of the year. In addition, the VTS shall allow polling of 
individual vessels or any set of vessels at any time and receive 
position reports in real time. For the purposes of this specification, 
``real time'' shall constitute data that reflect a delay of 15 minutes 
or less between the displayed information and the vessel's actual 
position.
    (6) The VTS shall be capable of providing network message 
communications between the vessel and shore. The VTS shall allow NMFS 
to initiate communications or data transfer at any time.
    (7) The VTS vendor shall be capable of transmitting position data 
to a NMFS-designated computer system via a modem at a minimum speed of 
9600 baud. Transmission shall be in ASCII text in a file format 
acceptable to NMFS.
    (8) The VTS shall be capable of providing vessel locations relative 
to international boundaries and fishery management areas.
    (9) The VTS vendor shall be capable of archiving vessel position 
histories for a minimum of 1 year and providing transmission to NMFS of 
specified portions of archived data in response to NMFS requests and in 
a variety of media (tape, floppy, etc.).
    (c) Operating requirements. All required VTS units must transmit a 
signal indicating the vessel's accurate position at least every hour, 
24 hours a day, throughout the year.
    (d) Presumption. If a VTS unit fails to transmit an hourly signal 
of a vessel's position, the vessel shall be deemed to have incurred a 
DAS, or fraction thereof, for as long as the unit fails to transmit a 
signal, unless a preponderance of evidence shows that the failure to 
transmit was due to an unavoidable malfunction or disruption of the 
transmission that occurred while the vessel was declared out of the 
scallop fishery or NE multispecies fishery, as applicable, or was not 
at sea.
    (e) Replacement. Should a VTS unit require replacement, a vessel 
owner must submit documentation to the Regional Director, within 3 days 
of installation and prior to the vessel's next trip, verifying that the 
new VTS unit is an operational approved system as described under 
paragraph (a)(1) of this section.
    (f) Access. As a condition to obtaining a limited access scallop or 
multispecies permit, all vessel owners must allow NMFS, the USCG, and 
their authorized officers or designees access to the vessel's DAS and 
location data obtained from its VTS at the time of or after its 
transmission to the vendor or receiver, as the case may be.
    (g) Tampering. Tampering with a VTS, a VTS unit, or a VTS signal, 
is prohibited. Tampering includes any activity that is likely to affect 
the unit's ability to operate properly, signal, or accuracy of 
computing the vessel's position fix.


Sec. 648.10  DAS notification requirements.

    (a) VTS Demarcation Line. The VTS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Director upon request):

                          VTS Demarcation Line                          
------------------------------------------------------------------------
           Description                 N. Long.             W. Lat.     
------------------------------------------------------------------------
1. Northern terminus point        45 deg.03'          66 deg.47'        
 (Canada landmass).                                                     
2. A point east of West Quoddy    44 deg.48.9'        66 deg.56.1'      
 Head Light.                                                            
3. A point east of Little River   44 deg.39.0'        67 deg.10.5'      
 Light.                                                                 
4. Whistle Buoy ``8BI'' (SSE of   44 deg.13.6'        68 deg.10.8'      
 Baker Island).                                                         
5. Isle au Haut Light...........  44 deg.03.9'        68 deg.39.1'      
6. Pemaquid Point Light.........  43 deg.50.2'        69 deg.30.4'      
7. A point west of Halfway Rock.  43 deg.38.0'        70 deg.05.0'      
8. A point east of Cape Neddick   43 deg.09.9'        70 deg.34.5'      
 Light.                                                                 

[[Page 34979]]

                                                                        
9. Merrimack River Entrance       42 deg.48.6'        70 deg.47.1'      
 ``MR'' Whistle Buoy.                                                   
10. Halibut Point Gong Buoy       42 deg.42.0'        70 deg.37.5'      
 ``1AHP''.                                                              
11. Connecting reference point..  42 deg.40'          70 deg.30'        
12. Whistle Buoy ``2'' off        42 deg.34.3'        70 deg.39.8'      
 Eastern Point.                                                         
13. The Graves Light (Boston)...  42 deg.21.9'        70 deg.52.2'      
14. Minots Ledge Light..........  42 deg.16.2'        70 deg.45.6'      
15. Farnham Rock Lighted Bell     42 deg.05.6'        70 deg.36.5'      
 Buoy.                                                                  
16. Cape Cod Canal Bell Buoy      41 deg.48.9'        70 deg.27.7'      
 ``CC''.                                                                
17. A point inside Cape Cod Bay.  41 deg.48.9'        70 deg.05'        
18. Race Point Lighted Bell Buoy  42 deg.04.9'        70 deg.16.8'      
 ``RP''.                                                                
19. Peaked Hill Bar Whistle Buoy  42 deg.07.0'        70 deg.06.2'      
 ``2PH''.                                                               
20. Connecting point, off Nauset  41 deg.50'          69 deg.53'        
 Light.                                                                 
21. A point south of Chatham      41 deg.38'          69 deg.55.2'      
 ``C'' Whistle Buoy.                                                    
22. A point in eastern Vineyard   41 deg.30'          70 deg.33'        
 Sound.                                                                 
23. A point east of Martha's      41 deg.22.2'        70 deg.24.6'      
 Vineyard.                                                              
24. A point east of Great Pt.     41 deg.23.4'        69 deg.57'        
 Light, Nantucket.                                                      
25. A point SE of Sankaty Head,   41 deg.13'          69 deg.57'        
 Nantucket.                                                             
26. A point west of Nantucket...  41 deg.15.6'        70 deg.25.2'      
27. Squibnocket Lighted Bell      41 deg.15.7'        70 deg.46.3'      
 Buoy ``1''.                                                            
28. Wilbur Point (on Sconticut    41 deg.35.2'        70 deg.51.2'      
 Neck).                                                                 
29. Mishaum Point (on Smith       41 deg.31.0'        70 deg.57.2'      
 Neck).                                                                 
30. Sakonnet Entrance Lighted     41 deg.25.7'        71 deg.13.4'      
 Whistle Buoy ``SR''.                                                   
31. Point Judith Lighted Whistle  41 deg.19.3'        71 deg.28.6'      
 Buoy ``2''.                                                            
32. A point off Block Island      41 deg.08.2'        71 deg.32.1'      
 Southeast Light.                                                       
33. Shinnecock Inlet Lighted      40 deg.49.0'        72 deg.28.6'      
 Whistle Buoy ``SH''.                                                   
34. Scotland Horn Buoy ``S'',     40 deg.26.5'        73 deg.55.0'      
 off Sandy Hook (NJ).                                                   
35. Barnegat Lighted Gong Buoy    39 deg.45.5'        73 deg.59.5'      
 ``2''.                                                                 
36. A point east of Atlantic      39 deg.21.9'        74 deg.22.7'      
 City Light.                                                            
37. A point east of Hereford      39 deg.00.4'        74 deg.46'        
 Inlet Light.                                                           
38. A point east of Cape          38 deg.47'          75 deg.04'        
 Henlopen Light.                                                        
39. A point east of Fenwick       38 deg.27.1'        75 deg.02'        
 Island Light.                                                          
40. A point NE of Assateague      38 deg.00'          75 deg.13'        
 Island (VA).                                                           
41. Wachapreague Inlet Lighted    37 deg.35.0'        75 deg.33.7'      
 Whistle Buoy ``A''.                                                    
42. A point NE of Cape Henry....  36 deg.55.6'        75 deg.58.5'      
43. A point east of Currituck     36 deg.22.6'        75 deg.48'        
 Beach Light.                                                           
44. Oregon Inlet (NC) Whistle     35 deg.48.5'        75 deg.30'        
 Buoy.                                                                  
45. Wimble Shoals, east of        35 deg.36'          75 deg.26'        
 Chicamacomico.                                                         
46. A point SE of Cape Hatteras   35 deg.12.5'        75 deg.30'        
 Light.                                                                 
47. Hatteras Inlet Entrance Buoy  35 deg.10'          75 deg.46'        
 ``HI''.                                                                
48. Ocracoke Inlet Whistle Buoy   35 deg.01.5'        76 deg.00.5'      
 ``OC''.                                                                
49. A point east of Cape Lookout  34 deg.36.5'        76 deg.30'        
 Light.                                                                 
50. Southern terminus point.....  34 deg.35'          76 deg.41'        
------------------------------------------------------------------------


    (b) VTS notification. Multispecies vessels issued an individual DAS 
or combination permit, scallop vessels issued a full-time or part-time 
limited access scallop permit, or scallop vessels fishing under the 
small dredge program specified in Sec. 648.51(e), or vessels issued a 
limited access multispecies or scallop permit and whose owners elect to 
fish under the VTS notification of this paragraph (b), unless otherwise 
authorized or required by the Regional Director under Sec. 648.9(a), 
must have installed on board an operational VTS unit that meets the 
minimum performance criteria specified in Sec. 648.9(b), or as modified 
as specified in Sec. 648.9(a). Owners of such vessels must provide 
documentation to the Regional Director at the time of application for a 
limited access permit that the vessel has an operational VTS unit that 
meets the minimum performance criteria specified in Sec. 648.9(b), or 
as modified as specified in Sec. 648.9(a). If a vessel has already been 
issued a limited access permit without providing such documentation, 
the Regional Director shall allow at least 30 days for the vessel to 
instal an operational VTS unit that meets the minimum performance 
criteria specified in Sec. 648.9(b), or as modified as specified in 
Sec. 648.9(a), and to provide documentation of such installation to the 
Regional Director. The VTS unit shall be subject to the following 
requirements and presumption:
    (1) Multispecies vessels issued an individual DAS or combination 
permit, scallop vessels issued a full-time or part-time limited access 
scallop permit, or vessels issued a limited access multispecies or 
scallop permit and whose owners elect to fish under the VTS 
notification of this paragraph (b), that have crossed the VTS 
Demarcation Line specified under paragraph (a) of this section, are 
deemed to be fishing under the DAS program, unless the vessel's owner 
or authorized representative declares the vessel out of the scallop or 
NE multispecies fishery, as applicable, for a specific time period by 
notifying the Regional Director through the VTS prior to the vessel 
leaving port.
    (2) Part-time scallop vessels may not fish in the DAS allocation 
program unless they declare into the scallop fishery for a specific 
time period by notifying the Regional Director through the VTS.
    (3) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A change in status of a 
vessel cannot be made after the vessel leaves port or before it returns 
to port on any fishing trip.
    (4) DAS for vessels that are under the VTS notification 
requirements of this paragraph (b) are counted beginning

[[Page 34980]]

with the first hourly location signal received showing that the vessel 
crossed the VTS Demarcation Line leaving port. A trip concludes and 
accrual of DAS ends with the first hourly location signal received 
showing that the vessel crossed the VTS Demarcation Line upon its 
return to port.
    (5) If the VTS is not available or not functional, and if 
authorized by the Regional Director, a vessel owner must provide the 
notifications required by paragraphs (b)(1), (2), and (3) of this 
section by using the call-in notification system described under 
paragraph (c) of this section, instead of using the VTS system.
    (c) Call-in notification. Owners of vessels issued limited access 
multispecies permits who are participating in a DAS program and who are 
not required to provide notification using a VTS, owners of scallop 
vessels qualifying for a DAS allocation under the occasional category 
and who have not elected to fish under the VTS notification 
requirements of paragraph (b) of this section, and vessels fishing 
pending an appeal as specified in Sec. 648.4(a)(1)(i)(H)(3) are subject 
to the following requirements:
    (1) Prior to the vessel leaving port, the vessel owner or 
authorized representative must notify the Regional Director that the 
vessel will be participating in the DAS program or the charter/party 
fishery by calling the Regional Director and providing the following 
information: Owner and caller name and phone number, vessel's name and 
permit number, type of trip to be taken, and that the vessel is 
beginning a trip. For NE multispecies vessels, the port of departure 
also must be specified. A DAS or a vessel's participation in the 
charter/party fishery begins once the call has been received and a 
confirmation number is given by the Regional Director.
    (2) The confirmation number given by the Regional Director must be 
kept on board for the duration of the trip and must be provided to an 
authorized officer upon request.
    (3) Upon the vessel's return to port, the vessel owner or owner's 
representative must call the Regional Director and notify him/her that 
the trip has ended by providing the following information: Owner and 
caller name and phone number, vessel's name and permit number, and that 
the vessel has ended a trip. For NE multispecies vessels, the port of 
landing also must be specified. A DAS ends for all but vessels fishing 
with gillnet gear when the call has been received and confirmation 
given by the Regional Director. For vessels fishing with gillnet gear, 
DAS continue to accrue as long as the vessel's gillnet gear remains in 
the water. A trip concludes and accrual of DAS ends for a gillnet 
vessel when the vessel returns to port with all of its gillnet gear 
that was in the water on board, the phone call has been received, and 
confirmation has been given by the Regional Director.
    (4) The Regional Director will furnish a phone number for DAS 
notification call-ins upon request.
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181.44 kg) of scallops, and any vessel issued a limited access 
multispecies permit subject to the DAS program and call-in requirement, 
that possesses or lands regulated species, except as provided in 
Sec. 648.83, shall be deemed in the DAS program for purposes of 
counting DAS, regardless of whether the vessel's owner or authorized 
representative provided adequate notification as required by paragraph 
(b) of this section.
    (d) Temporary authorization for use of the call-in system. The 
Regional Director may authorize or require, on a temporary basis, the 
use of the call-in system of notification specified in paragraph (c) of 
this section. If use of the call-in system is authorized or required, 
the Regional Director shall notify affected permit holders through a 
letter, notification in the Federal Register, or other appropriate 
means.
    (e) Charter/party multispecies vessels. Charter/party multispecies 
vessels that are not fishing under a multispecies DAS must declare into 
and out of the charter/party fishery, providing notification under 
paragraph (b) of this section, must remain in the charter/party fishery 
for a minimum of 24 hours after declaring into the fishery, and are 
subject to the restrictions in Sec. 648.89.
    (f) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec. 648.54 (a) and/or (b) must notify the 
Regional Director by VTS notification or through call-in notification 
as follows:
    (1) VTS notification. (i) Notify the Regional Director, via their 
VTS, prior to the vessel's first trip under the state waters exemption 
program, that the vessel will be fishing exclusively in state waters; 
and
    (ii) Notify the Regional Director, via their VTS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (2) Call-in notification. (i) Notify the Regional Director by 
calling the Regional Director and providing the following information 
at least 7 days prior to fishing under the exemption: Owner and caller 
name and address, vessel name and permit number, and beginning and 
ending dates of the exemption period.
    (ii) Remain under the exemption for a minimum of 7 days.
    (iii) If, under the exemption for a minimum of 7 days and wishing 
to withdraw earlier than the designated end of the exemption period, 
notify the Regional Director of early withdrawal from the program by 
calling the Regional Director, providing the vessel's name and permit 
number and the name and phone number of the caller, and stating that 
the vessel is withdrawing from the exemption. The vessel may not leave 
port to fish in the EEZ until 48 hours after notification of early 
withdrawal is received by the Regional Director.
    (iv) The Regional Director will furnish a phone number for call-ins 
upon request.


Sec. 648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Director may request any vessel holding a 
mackerel, squid, and butterfish; scallop; NE multispecies; or summer 
flounder permit to carry a NMFS-approved sea sampler/observer. If 
requested by the Regional Director to carry an observer or sea sampler, 
a vessel may not engage in any fishing operations in the respective 
fishery unless an observer or sea sampler is on board, or unless the 
requirement is waived.
    (b) If requested by the Regional Director to carry an observer or 
sea sampler, it is the responsibility of the vessel owner to arrange 
for and facilitate observer or sea sampler placement. Owners of vessels 
selected for sea sampler/observer coverage must notify the appropriate 
Regional or Science and Research Director, as specified by the Regional 
Director, before commencing any fishing trip that may result in the 
harvest of resources of the respective fishery. Notification procedures 
will be specified in selection letters to vessel owners.
    (c) The Regional Director may waive the requirement to carry a sea 
sampler or observer if the facilities on a vessel for housing the 
observer or sea sampler, or for carrying out observer or sea sampler 
functions, are so inadequate or unsafe that the health or safety of the 
observer or sea sampler, or the safe operation of the vessel, would be 
jeopardized.
    (d) An owner or operator of a vessel on which a NMFS-approved sea 
sampler/observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.

[[Page 34981]]

    (2) Allow the sea sampler/observer access to and use of the 
vessel's communications equipment and personnel upon request for the 
transmission and receipt of messages related to the sea sampler's/
observer's duties.
    (3) Provide true vessel locations, by latitude and longitude or 
loran coordinates, as requested by the observer/sea sampler, and allow 
the sea sampler/observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's 
position.
    (4) Notify the sea sampler/observer in a timely fashion of when 
fishing operations are to begin and end.
    (5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Director, ensuring that 
transfers of observers/sea samplers at sea are accomplished in a safe 
manner, via small boat or raft, during daylight hours as weather and 
sea conditions allow, and with the agreement of the sea samplers/ 
observers involved.
    (6) Allow the sea sampler/observer free and unobstructed access to 
the vessel's bridge, working decks, holding bins, weight scales, holds, 
and any other space used to hold, process, weigh, or store fish.
    (7) Allow the sea sampler/observer to inspect and copy any the 
vessel's log, communications log, and records associated with the catch 
and distribution of fish for that trip.
    (e) The owner or operator of a summer flounder vessel, if requested 
by the sea sampler/observer also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, summer flounder, or other specimens taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, or other specimens taken by the vessel.
    (3) Provide storage for biological specimens, including cold 
storage if available, and retain such specimens on board the vessel as 
instructed by the sea sampler/observer, until retrieved by authorized 
NMFS personnel.
    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Director.


Sec. 648.12  Experimental fishing.

    The Regional Director may exempt any person or vessel from the 
requirements of subparts B (Atlantic mackerel, squid, and butterfish), 
D (sea scallops), E (surf clams and ocean quahogs), F (NE multispecies) 
or G (summer flounder) of this part for the conduct of experimental 
fishing beneficial to the management of the resources or fishery 
managed under that subpart. The Regional Director shall consult with 
the Executive Director of the MAFMC regarding such exemptions for the 
Atlantic mackerel, squid, and butterfish and the summer flounder 
fisheries.
    (a) The Regional Director may not grant such an exemption unless 
he/she determines that the purpose, design, and administration of the 
exemption is consistent with the objectives of the respective FMP, the 
provisions of the Magnuson Act, and other applicable law, and that 
granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of the respective FMP, except 
those necessarily relating to the purpose and nature of the exemption. 
The exemption will be specified in a letter issued by the Regional 
Director to each vessel participating in the exempted activity. This 
letter must be carried on board the vessel seeking the benefit of such 
exemption.
    (c) Experimental fishing for surf clams or ocean quahogs will not 
require an allocation permit.


Sec. 648.13  Transfers at sea.

    (a) Only vessels issued a Loligo and butterfish moratorium permit 
under Sec. 648.4(a)(5) and vessels issued a mackerel, squid, and 
butterfish incidental catch permit and authorized in writing by the 
Regional Director to do so, may transfer or attempt to transfer Loligo 
or butterfish from one vessel to another vessel.
    (b) Vessels issued a multispecies permit under Sec. 648.4(a)(1) or 
a scallop permit under Sec. 648.4(a)(2) are prohibited from 
transferring or attempting to transfer any fish from one vessel to 
another vessel, except that vessels issued a multispecies permit under 
Sec. 648.4(a)(1) and specifically authorized in writing by the Regional 
Director to do so, may transfer species other than regulated species 
from one vessel to another vessel.
    (c) All persons are prohibited from transferring or attempting to 
transfer NE multispecies or scallops from one vessel to another vessel, 
except in accordance with paragraph (b) of this section.


Sec. 648.14  Prohibitions.

    (a) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any 
of the following:
    (1) Fail to report to the Regional Director within 15 days any 
change in the information contained in an applicable vessel, operator, 
or dealer/processor permit application.
    (2) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 648.8.
    (3) Make any false statement in connection with an application, 
declaration, or report under this part.
    (4) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, and other requirements 
of Sec. 648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec. 648.7.
    (5) Alter, erase, or mutilate any permit issued under this part.
    (6) Alter, erase, mutilate, duplicate or cause to be duplicated, or 
steal any cage tag issued under this part.
    (7) 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.
    (8) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion 
either a NMFS-approved observer or sea sampler aboard a vessel 
conducting his or her duties aboard a vessel, or an authorized officer 
conducting any search, inspection, investigation, or seizure in 
connection with enforcement of this part.
    (9) Refuse to carry an observer or sea sampler if requested to do 
so by the Regional Director.
    (10) To refuse reasonable assistance to either a NMFS-approved 
observer or sea sampler conducting his or her duties aboard a vessel.
    (11) Fish for surf clams or ocean quahogs in any area closed to 
surf clam or ocean quahog fishing.
    (12) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a 
valid and appropriate permit issued under this part and the permit is 
on board the vessel and has not been surrendered, revoked, or 
suspended.

[[Page 34982]]

    (13) Purchase, possess or receive for a commercial purpose or 
attempt to purchase possess or receive for a commercial purpose any 
species regulated under this part unless in possession of a valid 
dealer permit issued under this part, except that this prohibition does 
not apply to species that are purchased or received from a vessel not 
issued a permit under this part and fishing exclusively in state 
waters.
    (14) Produce, or cause to be produced, cage tags required under 
this part without written authorization from the Regional Director.
    (15) Tag a cage with a tag that has been rendered null and void or 
with a tag that has been previously used.
    (16) Tag a cage of surf clams with an ocean quahog cage tag or tag 
a cage of ocean quahogs with a surf clam cage tag.
    (17) Possess, import, export, transfer, land, have custody or 
control of any species of fish regulated pursuant to this part that do 
not meet the minimum size provisions in this part, unless such species 
were harvested exclusively within state waters by a vessel not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (18) Possess an empty cage to which a cage tag required by 
Sec. 648.75 is affixed or possess any cage that does not contain surf 
clams or ocean quahogs and to which a cage tag required by Sec. 648.75 
is affixed.
    (19) Land or possess, after offloading, any cage holding surf clams 
or ocean quahogs without a cage tag or tags required by Sec. 648.75, 
unless the person can demonstrate the inapplicability of the 
presumption set forth in Sec. 648.75(t)(1)(iii).
    (20) Sell null and void tags.
    (21) Shuck surf clams or ocean quahogs harvested in or from the EEZ 
at sea, unless permitted by the Regional Director under the terms of 
Sec. 648.74.
    (22) Receive for a commercial purpose other than transport, surf 
clams or ocean quahogs harvested in or from the EEZ, whether or not 
they are landed under an allocation under Sec. 648.70, unless issued a 
dealer/processor permit under this part.
    (23) Land unshucked surf clams or ocean quahogs harvested in or 
from the EEZ in containers other than cages from vessels capable of 
carrying cages.
    (24) Offload unshucked surf clams or ocean quahogs harvested in or 
from the EEZ from vessels not capable of carrying cages other than 
directly into cages.
    (25) Fish for surf clams or ocean quahogs in the EEZ without giving 
prior notification, or fail to comply with any of the notification 
requirements specified in Sec. 648.15(b).
    (26) Fish for, retain, or land both surf clams and ocean quahogs in 
or from the EEZ on the same trip.
    (27) Fish for, retain, or land ocean quahogs in or from the EEZ on 
a trip designated as a surf clam fishing trip under Sec. 648.15(b), or 
fish for, retain, or land surf clams in or from the EEZ on a trip 
designated as an ocean quahog fishing trip under Sec. 648.15(b).
    (28) Fail to offload any surf clams or ocean quahogs harvested in 
the EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to 
commencing fishing operations in waters under the jurisdiction of any 
state.
    (29) Land or possess any surf clams or ocean quahogs harvested in 
or from the EEZ in excess of, or without, an individual allocation.
    (30) Transfer any surf clams or ocean quahogs harvested in or from 
the EEZ to any person for a commercial purpose, other than transport, 
without a surf clam or ocean quahog processor or dealer permit.
    (31) Fish for, possess, or land NE multispecies, unless:
    (i) The NE multispecies are being fished for or were harvested in 
or from the EEZ by a vessel holding a valid multispecies permit under 
this part, or a letter under Sec. 648.4(a)(1), and the operator on 
board such vessel has been issued an operator's permit and has a valid 
permit on board the vessel;
    (ii) The NE multispecies were harvested by a vessel not issued a 
multispecies permit that fishes for NE multispecies exclusively in 
state waters; or
    (iii) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel.
    (32) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer multispecies from one 
vessel to another vessel, unless both vessels have not been issued 
multispecies permits and both fish exclusively in state waters, or 
unless authorized in writing by the Regional Director.
    (33) Sell, barter, trade, or otherwise transfer; or attempt to 
sell, barter, trade, or otherwise transfer for a commercial purpose any 
NE multispecies from a trip, unless the vessel is holding a 
multispecies permit, or a letter under Sec. 648.4(a)(1), and is not 
fishing under the charter/party vessel restrictions specified in 
Sec. 648.89, or unless the NE multispecies were harvested by a vessel 
without a multispecies permit that fishes for NE multispecies 
exclusively in state waters.
    (34) Operate or act as an operator of a vessel fishing for or 
possessing NE multispecies in or from the EEZ, or holding a 
multispecies permit without having been issued and possessing a valid 
operator's permit.
    (35) Fish with, use, or have on board within the area described in 
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum 
mesh size specified in Sec. 648.80(a)(2), except as provided in 
Sec. 648.80(a) (3) through (6), (a)(8), (a)(9), (d), (e) and (i), or 
unless the vessel has not been issued a multispecies permit and fishes 
for NE multispecies exclusively in state waters.
    (36) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(b)(2), except as provided in 
Sec. 648.80 (b)(3), (d), (e), and (i), or unless the vessel has not 
been issued a multispecies permit and fishes for multispecies 
exclusively in state waters.
    (37) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(c)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(c)(2), except as provided in 
Sec. 648.8 (c)(3), (d), (e), and (i), or unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters.
    (38) Enter or be in the area described in Sec. 648.81(a)(1) on a 
fishing vessel, except as provided in Sec. 648.81(a) (2) and (d).
    (39) Enter or be in the area described in Sec. 648.81(b)(1) on a 
fishing vessel, except as provided by Sec. 648.81(b)(2).
    (40) Enter or be in the area described in Sec. 648.81(c)(1), on a 
fishing vessel, except as provided in Sec. 648.81 (c)(2) and (d)(2).
    (41) Fail to comply with the gear-marking requirements of 
Sec. 648.84.
    (42) Fish within the areas described in Sec. 648.80(a)(4) with nets 
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2), 
unless the vessel is issued and possesses on board an authorizing 
letter issued under Sec. 648.80(a)(4)(i).
    (43) Violate any of the provisions of Sec. 648.80(a)(4), (5), (8), 
or (9). A violation of any of these paragraphs is a separate violation.
    (44) Fish for, land, or possess NE multispecies harvested by means 
of pair trawling or with pair trawl gear, except under the provisions 
of Sec. 648.80(d), or unless the vessels that engaged in pair trawling 
have not been issued multispecies permits and fish for NE multispecies 
exclusively in state waters.

[[Page 34983]]

    (45) 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. 648.80(a)(3).
    (46) Violate any terms of a letter authorizing experimental fishing 
pursuant to Sec. 648.12 or fail to keep such letter on board the vessel 
during the period of the experiment.
    (47) Fish for the species specified in Sec. 648.80 (d) or (e) with 
a net of mesh size smaller than the applicable mesh size specified in 
Sec. 648.80(a) (2), (b)(2), or (c)(2), or possess or land such species, 
unless the vessel is in compliance with the requirements specified in 
Sec. 648.80 (d) or (e), or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (48) Violate any provision of Sec. 648.88.
    (49) Violate any of the restrictions on fishing with scallop dredge 
gear specified in Sec. 648.80(h).
    (50) Violate any of the provisions of Sec. 648.80(i).
    (51) Obstruct or constrict a net as described in Sec. 648.80(g) (1) 
or (2).
    (52) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81 (f)(1) through 
(h)(1) during the time period specified, except as provided in 
Sec. 648.81(d), (f)(2), (g)(2), and (h)(2).
    (53) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 648.80(i) and from or 
within the areas described in Sec. 648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 648.53, or fishing under a general scallop 
permit, unless the vessel and the dredge gear conform with the stowage 
requirements of Sec. 648.51 (a)(2)(ii) and (e)(2), or unless the vessel 
has not been issued a multispecies permit and fishes for NE 
multispecies exclusively in state waters.
    (54) Possess or land fish caught with nets of mesh smaller than the 
minimum size specified in Sec. 648.51, or with scallop dredge gear on a 
vessel not fishing under the scallop DAS program described in 
Sec. 648.54 of this chapter, or fishing under a general scallop permit, 
unless said fish are caught, possessed or landed in accordance with 
Secs. 648.80 and 648.86, or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (55) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species in excess of the possession limit 
specified in Sec. 648.86 applicable to a vessel issued a multispecies 
permit.
    (56) Possess, or land per trip, scallops in excess of 40 lb (18.14 
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless:
    (i) The scallops were harvested by a vessel that has been issued 
and carries on board a general or limited access scallop permit; or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (57) Fish for, possess, or land per trip, scallops in excess of 400 
lb (181.44 kg) of shucked, or 50 bu (176.2 L) of in-shell scallops, 
unless:
    (i) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit, or a letter under 
Sec. 648.4(b)(2)(viii)(F); or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (58) Fish for, possess, or land per trip, scallops in excess of 40 
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, 
unless:
    (i) The scallops were harvested by a vessel with an operator on 
board who has been issued an operator's permit and the permit is on 
board the vessel and is valid; or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (59) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea, while in possession of more than 400 lb (181.44 
kg) of shucked scallops, unless that vessel has not been issued a 
scallop permit and fishes exclusively in state waters.
    (60) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer, scallops from one vessel 
to another, unless that vessel has not been issued a scallop permit and 
fishes exclusively in state waters.
    (61) Sell, barter or trade, or otherwise transfer, or attempt to 
sell, barter or trade, or otherwise transfer, for a commercial purpose, 
any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked 
scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the 
vessel has been issued a valid general or limited access scallop 
permit, or the scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (62) 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, scallops taken from a fishing vessel that 
were harvested in or from the EEZ, unless issued, and in possession of, 
a valid scallop dealer's permit.
    (63) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, scallops caught 
by a vessel other than one issued a valid limited access or general 
scallop permit unless the scallops were harvested by a vessel that has 
not been issued a scallop permit and fishes for scallops exclusively in 
state waters.
    (64) Operate or act as an operator of a vessel fishing for or 
possessing any species of fish regulated by this part in or from the 
EEZ, or issued a permit pursuant to this part, without having been 
issued and possessing a valid operator's permit.
    (65) Possess in or harvest from the EEZ summer flounder, either in 
excess of the possession limit specified in Sec. 648.105, or before or 
after the time period specified in Sec. 648.102, unless the vessel was 
issued a summer flounder moratorium permit and the moratorium permit is 
on board the vessel and has not been surrendered, revoked, or 
suspended.
    (66) Possess nets or netting with mesh not meeting the minimum mesh 
requirement of Sec. 648.104 if the person possesses summer flounder 
harvested in or from the EEZ in excess of the threshold limit of 
Sec. 648.105(a).
    (67) Purchase or otherwise receive, except for transport, summer 
flounder from the owner or operator of a vessel issued a summer 
flounder moratorium permit, unless in possession of a valid summer 
flounder dealer permit.
    (68) Purchase or otherwise receive for commercial purposes summer 
flounder caught by other than a vessel with a summer flounder 
moratorium permit not subject to the possession limit of Sec. 648.105.
    (69) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state.
    (70) Fail to comply with any sea turtle conservation measure 
specified in Sec. 648.106, including any sea turtle conservation 
measure implemented by notification in the Federal Register in 
accordance with Sec. 648.106(d).
    (71) Use any vessel of the United States for taking, catching, 
harvesting, fishing for, or landing any Atlantic salmon taken from or 
in the EEZ.

[[Page 34984]]

    (72) Transfer, directly or indirectly, or attempt to transfer to 
any vessel any Atlantic salmon taken in or from the EEZ.
    (73) Take and retain, or land more mackerel, squid, and butterfish 
than specified under a notice issued under Sec. 648.22.
    (74) Possess nets or netting with mesh not meeting the minimum size 
requirement of Sec. 648.23 and not stowed in accordance with the 
requirements of Sec. 648.23, if in possession of Loligo harvested in or 
from the EEZ.
    (75) Transfer Loligo or butterfish within the EEZ, unless the 
vessels participating in the transfer have been issued valid Loligo and 
butterfish moratorium permits or valid letters of authorization from 
the Regional Director.
    (76) 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, except for transport on land, mackerel, 
squid, and butterfish taken from a fishing vessel unless issued, and in 
possession of a valid mackerel, squid, and butterfish fishery dealer 
permit.
    (77) Purchase or otherwise receive for a commercial purpose, 
mackerel, squid, and butterfish caught by other than a vessel issued a 
mackerel, squid, and butterfish permit, unless the vessel has not been 
issued a permit under this part and fishes exclusively within the 
waters under the jurisdiction of any state.
    (78) Land any scup harvested in or from the EEZ in fillet form with 
the skin removed.
    (79) Violate any other provision of this part, the Magnuson Act, or 
any regulation, notice, or permit issued under the Magnuson Act.
    (b) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any person owning or operating a vessel holding a 
multispecies permit, issued an operator's permit, or issued a letter 
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel, 
more than the possession limits specified in Sec. 648.86(a), or violate 
any of the other provisions of Sec. 648.86.
    (c) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access multispecies permit or a letter under 
Sec. 648.4(a)(1)(i)(H)(3), to do any of the following:
    (1) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of regulated species specified in 
Sec. 648.86(c) after using up the vessel's annual DAS allocation or 
when not participating under the DAS program pursuant to Sec. 648.82, 
unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
    (2) If required by Sec. 648.10 to have a VTS unit:
    (i) Fail to have a certified, operational, and functioning VTS unit 
that meets the specifications of Sec. 648.9 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. 648.10(a).
    (3) Combine, transfer, or consolidate DAS allocations.
    (4) Fish for, possess, or land NE multispecies 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. 648.4(a)(1)(i) (E) and (F).
    (5) Fish for, possess, or land NE multispecies with or from a 
vessel that has had the length, GRT, or NT of such vessel or its 
replacement increased or upgraded in excess of limitations specified in 
Sec. 648.4(a)(1)(i) (E) and (F).
    (6) Fail to comply with any requirement specified in Sec. 648.10.
    (7) Possess or land per trip more than the possession limit 
specified under Sec. 648.8 if the vessel has been issued a limited 
access multispecies permit.
    (8) Fail to comply with the restrictions on fishing and gear 
specified in Sec. 648.82(b)(4), if the vessel has been issued a limited 
access multispecies hook-gear permit.
    (9) Fail to declare, and be, out of the NE multispecies fishery as 
required by Sec. 648.82(g), using the procedure described under 
Sec. 648.82(h), as applicable.
    (10) Land, or possess on board a vessel, more than the possession 
limit of winter flounder specified in Sec. 648.86(b), or violate any of 
the other provisions specified of Sec. 648.86(b).
    (d) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a multispecies handgear permit 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 specified in Sec. 648.88(a), 
unless the regulated species were harvested by a charter or party 
vessel.
    (2) Use, or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel or handline, while in possession 
of, or fishing for, NE multispecies.
    (3) Possess or land NE multispecies during the time period 
specified in Sec. 648.86(a)(2).
    (e) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraphs (a) through (d) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a multispecies possession limit permit for scallops to possess 
or land more than the possession limit of regulated species specified 
at Sec. 648.88(c) or to possess or land regulated species when not 
fishing under a scallop DAS.
    (f) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any person owning or operating a vessel issued a 
limited access scallop permit or a general scallop permit under 
Sec. 648.4(a)(2) to land, or possess at or after landing, in-shell 
scallops smaller than the minimum shell height specified in 
Sec. 648.50(a).
    (g) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and the prohibitions specified in 
paragraphs (a) through (f) of this section, it is unlawful for the 
owner or operator of a charter or party boat issued a multispecies 
permit, or of a recreational vessel, as applicable, to:
    (1) Fish with gear in violation of the restrictions specified in 
Sec. 648.89(a).
    (2) Possess cod and haddock in excess of the possession limits 
specified in Sec. 648.89(c).
    (3) Sell, trade, barter, or otherwise transfer, or attempt to sell, 
trade, barter or otherwise transfer, NE multispecies for a commercial 
purpose as specified in Sec. 648.89(d).
    (h) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (g) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access scallop permit under Sec. 648.4(a)(2) to do any 
of the following:
    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked, or 50 bu (176.2 L) of in-shell scallops after using up the 
vessel's annual DAS allocation or when not participating under the DAS 
program pursuant to Sec. 648.10, unless exempted from DAS allocations 
as provided in Sec. 648.54.
    (2) Land scallops on more than one trip per calendar day after 
using up the vessel's annual DAS allocation or when not participating 
under the DAS program pursuant to Sec. 648.10, unless exempted from DAS 
allocations as provided in Sec. 648.55.
    (3) Fail to have an approved, operational, and functioning VTS unit 
that meets the specifications of Sec. 648.9

[[Page 34985]]

on board the vessel at all times, unless the vessel is not subject to 
the VTS requirements specified in Sec. 648.10.
    (4) If the vessel is not subject to VTS requirements specified in 
Sec. 648.10(a), fail to comply with the requirements of the call-in 
system specified in Sec. 648.10(b).
    (5) Combine, transfer, or consolidate DAS allocations.
    (6) Have an ownership interest in more than 5 percent of the total 
number of vessels issued limited access scallop permits, except as 
provided in Sec. 648.4(a)(2)(i)(H).
    (7) Fish for, possess, or land scallops 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. 648.4(a)(2)(i) 
(E) or (F).
    (8) Fish for, possess, or land scallops with or from a vessel that 
has had the length, GRT, or NT of such vessel or its replacement 
increased or upgraded in excess of limitations specified in 
Sec. 648.4(a)(2)(i) (E) or (F).
    (9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops or participate in the DAS allocation program, 
while in possession of trawl nets that have a maximum sweep exceeding 
144 ft (43.9 m), as measured by the total length of the footrope that 
is directly attached to the webbing of the net, except as specified in 
Sec. 648.51(a)(2)(iii).
    (10) Fish under the DAS allocation program with, or have available 
for immediate use, trawl nets of mesh smaller than the minimum size 
specified in Sec. 648.51(a)(2).
    (11) Fish under the DAS allocation program with trawl nets that use 
chafing gear or other means or devices that do not meet the 
requirements of Sec. 648.51(a)(3).
    (12) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops or participate in the DAS allocation program, 
while in possession of dredge gear that has a maximum combined dredge 
width exceeding 31 ft (9.4 m), measured at the widest point in the bail 
of each dredge, except as specified in Sec. 648.51(b)(1).
    (13) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops, or fish under the DAS allocation program, 
while in possession of dredge gear that uses net or net material on the 
top half of the dredge of a minimum mesh size smaller than that 
specified in Sec. 648.51(b)(2).
    (14) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops, or fish under the DAS allocation program, 
while in possession of dredge gear containing rings that have minimum 
sizes smaller than those specified in Sec. 648.51(b)(3).
    (15) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops, or participate in the DAS allocation program, 
while in possession of dredge gear that uses links between rings of the 
gear or ring configurations that do not conform to the specifications 
described in Sec. 648.51(b)(4)(ii).
    (16) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops, or participate in the DAS allocation program, 
while in possession of dredge gear that uses cookies or chafing gear, 
or other gear, means, or devices on the top half of a dredge that 
obstruct the openings in or between the rings, except as specified in 
Sec. 648.51(b)(4).
    (17) Participate in the DAS allocation program with more than the 
number of persons specified in Sec. 648.51(c), including the operator, 
on board when the vessel is not docked or moored in port, unless 
otherwise authorized by the Regional Director.
    (18) Fish under the small dredge program specified in Sec.  
648.51(e), with, or while in possession of, a dredge that exceeds 10.5 
ft (3.2 m) in overall width, as measured at the widest point in the 
bail of the dredge.
    (19) Fish under the small dredge program as specified in 
Sec. 648.51(e) with more than five persons, including the operator, 
aboard the vessel, unless otherwise authorized by the Regional 
Director.
    (20) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea while fishing under the DAS allocation program, 
unless otherwise authorized by the Regional Director.
    (21) Refuse or fail to carry an observer if requested to do so by 
the Regional Director.
    (22) Fail to provide an observer with required food, 
accommodations, access, and assistance, as specified in Sec. 648.11.
    (23) Fail to comply with any requirement for declaring in and out 
of the DAS allocation program as specified in Sec. 648.10.
    (24) Fail to comply with any requirement for participating in the 
DAS Exemption Program as specified in Sec. 648.54.
    (25) Fish with, possess on board, or land scallops while in 
possession of trawl nets, when fishing for scallops under the DAS 
allocation program, unless exempted as provided for in Sec. 648.51(f).
    (26) Fail to comply with the restriction on twine top described in 
Sec. 648.51(b)(4)(iv).
    (i) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (f), and (g) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a general scallop permit to do any of the following:
    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked, or 50 bu (176.2 L) of in-shell scallops.
    (2) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops while in possession of, or fish for scallops 
with, dredge gear that has a maximum combined dredge width exceeding 31 
ft (9.4 m), measured at the widest point in the bail of each dredge, 
except as specified in Sec. 648.51(b)(1).
    (3) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops while in possession of, or fish for scallops 
with, dredge gear that uses net or net material on the top half of the 
dredge of a minimum mesh size smaller than that specified in 
Sec. 648.51(b)(2).
    (4) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops while in possession of, or fish for scallops 
with, dredge gear containing rings that have minimum sizes smaller than 
those specified in Sec. 648.51(b)(3).
    (5) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops while in possession of, or fish for scallops 
with, dredge gear that uses links between rings of the gear or ring 
configurations that do not conform to the specifications described in 
Sec. 648.51(b)(4)(ii).
    (6) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops while in possession of, or fish for scallops 
with, dredge gear that uses cookies or chafing gear, or other gear, 
means, or devices on the top half of a dredge that obstruct the 
openings in or between the rings, except as specified in 
Sec. 648.51(b)(4).
    (7) Fish for, or land, more than 40 lb (18.14 kg) of scallops on 
more than one trip per calendar day.
    (j) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any person owning or operating a vessel issued a summer 
flounder permit (including moratorium permit) to do any of the 
following:
    (1) Possess 100 lb or more (45.4 kg or more) of summer flounder 
between May 1 and October 31, or 200 lb or more (90.7 kg or more) of 
summer flounder between November 1 and April 30, unless the vessel 
meets the minimum mesh size requirement specified in Sec. 648.104(a), 
or is fishing in the exempted area with an exemption permit as 
specified in Sec. 648.104(b)(1), or

[[Page 34986]]

holds an exemption permit and is in transit from the exemption area 
with nets properly stowed as specified in Sec. 648.104(f), or is 
fishing with exempted gear specified in Sec. 648.104(b)(2).
    (2) Possess summer flounder in other than a box specified in 
Sec. 648.105(d) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.104(a), unless the 
vessel is fishing pursuant to the exemptions specified in 
Sec. 648.104(b).
    (3) Land summer flounder for sale in a state after the effective 
date of the notification in the Federal Register notifying permit 
holders that commercial quota is no longer available in that state.
    (4) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if subject to the minimum mesh requirement specified in 
Sec. 648.104, unless the nets or netting are stowed in accordance with 
Sec. 648.104(f).
    (5) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if fishing with an exempted net described in Sec. 648.104, 
unless the nets or netting are stowed in accordance with 
Sec. 648.104(f).
    (6) Fish west or south, as appropriate, of the line specified in 
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement 
specified in Sec. 648.104 by a summer flounder exemption permit.
    (7) Sell or transfer to another person for a commercial purpose, 
other than transport, any summer flounder, unless the transferee has a 
valid summer flounder dealer permit.
    (8) Carry passengers for hire, or carry more than three crew 
members for a charter boat or five crew members for a party boat, while 
fishing commercially pursuant to a summer flounder moratorium permit.
    (k) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel fishing commercially for scup that are harvested in 
or from the EEZ, to do any of the following:
    (1) Possess 4,000 lb or more (1,814.4 kg or more) of scup harvested 
in or from the EEZ, unless the vessel meets the minimum mesh size 
requirement specified in Sec. 648.124(a).
    (2) Fish with or possess nets or netting in the EEZ that do not 
meet the minimum mesh requirement, or that are modified, obstructed, 
constricted, or constructed with mesh in which the bars entering or 
exiting the knots twist around each other, if subject to the minimum 
mesh requirement specified in Sec. 648.124(a), unless the nets or 
netting are stowed in accordance with Sec. 648.23(b).
    (3) Engage in recreational fishing in the EEZ while simultaneously 
conducting commercial fishing operations.
    (l) It is unlawful for the owner or operator of any recreational 
fishing vessel, including party or charter boats, to possess scup 
harvested in or from the EEZ smaller than the minimum size limit for 
recreational fishermen specified in Sec. 648.125(b).
    (m) It is unlawful for the owner and operator of a party or charter 
boat issued a summer flounder permit (including moratorium permit), 
when the boat is carrying passengers for hire or carrying more than 
three crew members if a charter boat or more than five members if a 
party boat, to:
    (1) Possess summer flounder in excess of the possession limit 
established pursuant to Sec. 648.105.
    (2) Fish for summer flounder other than during a season specified 
pursuant to Sec. 648.102.
    (3) Sell or transfer summer flounder to another person for a 
commercial purpose.
    (n) It is unlawful to violate any terms of a letter authorizing 
experimental fishing pursuant to Sec. 648.12 or to fail to keep such 
letter aboard the vessel during the time period of the experimental 
fishing.
    (o) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any person owning or operating a vessel issued a surf 
clam and ocean quahog permit or issued a surf clam and ocean quahog 
allocation permit under Sec. 648.70, to land or possess any surf clams 
or ocean quahogs in excess of, or without, an individual allocation, or 
to transfer any surf clams or ocean quahogs to any person for a 
commercial purpose other than transport, unless that person has a surf 
clam and ocean quahog processor/dealer permit.
    (p) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a valid mackerel, squid, and butterfish 
fishery permit, or issued an operator's permit, to do any of the 
following:
    (1) Possess more than the incidental catch allowance of Loligo or 
butterfish, unless issued a Loligo squid and butterfish fishery 
moratorium permit.
    (2) Take, retain, or land mackerel, squid, or butterfish in excess 
of a trip allowance specified under Sec. 648.22.
    (3) Take, retain, or land mackerel, squid, or butterfish after a 
total closure specified under Sec. 648.22.
    (4) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement for Loligo specified in Sec. 648.23(a), or 
that are modified, obstructed, or constricted, if subject to the 
minimum mesh requirement, unless the nets or netting are stowed in 
accordance with Sec. 648.23(b) or the vessel is fishing under an 
exemption specified in Sec. 648.23(a).
    (5) Transfer squid or butterfish at sea to another vessel, unless 
that other vessel has been issued a valid Loligo squid and butterfish 
fishery moratorium permit or a letter of authorization by the Regional 
Director.
    (6) Fail to comply with any measures implemented pursuant to 
Sec. 648.21.
    (7) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (8) Fail to carry on board a letter of authorization, if fishing in 
an experimental fishery pursuant to Sec. 648.12.
    (q) It is unlawful for the owner and operator of a party or charter 
boat issued a mackerel, squid, and butterfish fishery permit (including 
a moratorium permit), when the boat is carrying passengers for hire, to 
do any of the following:
    (1) Violate any recreational fishing measures established pursuant 
to Sec. 648.21(d).
    (2) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.
    (r) It is unlawful for any person to violate any terms of a letter 
authorizing experimental fishing pursuant to Sec. 648.11 or to fail to 
keep such letter on board the vessel during the period of the 
experiment.
    (s) Any person possessing or landing per trip, scallops in excess 
of 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, 
at or prior to the time when those scallops are received or possessed 
by a dealer, is subject to all of the scallop prohibitions specified in 
this section, unless the scallops were harvested by a vessel without a 
scallop permit that fishes for scallops exclusively in state waters. 
Any person, regardless of the quantity of scallops possessed or landed, 
is subject to the prohibitions of paragraphs (a)(4) through (7), (10), 
(11), (68), (69), (71), (72), (73), and (87) of this section.
    (t) For purposes of this section, the following presumptions apply:
    (1) Surf clams and ocean quahogs. (i) Possession of surf clams or 
ocean quahogs on the deck of any fishing vessel in closed areas, or the 
presence of any part of a vessel's gear in the water

[[Page 34987]]

in closed areas, or the presence of any part of a vessel's gear in the 
water more than 12 hours after an announcement closing the entire 
fishery becomes effective, is prima facie evidence that such vessel was 
fishing in violation of the provisions of the Magnuson Act and these 
regulations.
    (ii) Surf clams or ocean quahogs landed from a trip for which 
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are 
deemed to have been harvested in the EEZ and count against the 
individual's annual allocation.
    (iii) Surf clams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ, and to be part 
of an individual's allocation, unless such individual demonstrates that 
he/she has surrendered his/her surf clam and ocean quahog vessel permit 
issued under Sec. 648.4 and has conducted fishing operations 
exclusively within waters under the jurisdiction of any state. Surf 
clams and ocean quahogs in cages with a Federal tag or tags, issued and 
still valid pursuant to this section, affixed thereto are deemed to 
have been harvested by the individual allocation holder to whom the 
tags were issued or transferred under Sec. 648.70(d)(2) or 
Sec. 648.75(b).
    (2) Scallops. Scallops that are possessed or landed at or prior to 
the time when the scallops are received by a dealer, or scallops that 
are possessed by a dealer, are deemed to be harvested from the EEZ, 
unless the preponderance of all submitted evidence demonstrates that 
such scallops were harvested by a vessel without a scallop permit and 
fishing exclusively for scallops in state waters.
    (3) Summer flounder. All summer flounder possessed aboard a party 
or charter boat issued a summer flounder permit are deemed to have been 
harvested from the EEZ.
    (4) NE multispecies. (i) Regulated species possessed for sale that 
do not meet the minimum sizes specified in Sec. 648.83 for sale are 
deemed to have been taken or imported in violation of these 
regulations, unless the preponderance of all submitted evidence 
demonstrates that such fish were harvested by a vessel not issued a 
permit under this part and fishing exclusively within state waters. 
This presumption does not apply to fish being sorted on deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 for sale are deemed taken from 
the EEZ or imported in violation of these regulations, unless the 
preponderance of all submitted evidence demonstrates that such fish 
were harvested by a vessel not issued a permit under this part and 
fishing exclusively within state waters. This presumption does not 
apply to fish being sorted on deck.
    (5) Mackerel, squid, and butterfish. All mackerel and butterfish 
possessed on board a party or charter boat issued a mackerel, squid, 
and butterfish fishery permit are deemed to have been harvested from 
the EEZ.


Sec. 648.15  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.
    (b) Special notification requirements applicable to surf clam and 
ocean quahog vessel owners and operators. (1) Vessel owners or 
operators are required to call the NMFS Office of Law Enforcement 
nearest to the point of offloading (contact the Regional Director for 
locations and phone numbers) and accurately provide the following 
information prior to the departure of their vessel from the dock to 
fish for surf clams or ocean quahogs in the EEZ: Name of the vessel; 
NMFS permit number assigned to the vessel; expected date and time of 
departure from port; whether the trip will be directed on surf clams or 
ocean quahogs; expected date, time, and location of landing; and name 
of the individual providing notice.
    (2) Owners or operators that have given notification of a fishing 
trip under this paragraph (b) who decide to cancel or postpone the trip 
prior to departure must immediately provide notice of cancellation by 
telephone to the Office of Law Enforcement to which the original 
notification was provided. A separate notification shall be provided 
for the next fishing trip. Owners or operators that discontinue a 
fishing trip in the EEZ must immediately provide notice of 
discontinuance by telephone to the Office of Law Enforcement to which 
the original notification was provided. The owner or operator providing 
notice of discontinuance shall advise of any changes in landing time or 
port of landing. The owner or operator discontinuing a fishing trip in 
the EEZ must return to port and offload any surf clams or ocean quahogs 
prior to commencing fishing operations in the waters under the 
jurisdiction of any state.
    (3) The vessel permits, the vessel, its gear, and catch shall be 
subject to inspection upon request by an authorized officer.


Sec. 648.16  Penalties.

    See Sec. 600.735.

Subpart B--Management Measures for the Atlantic Mackerel, Squid, 
and Butterfish Fisheries


Sec. 648.20  Maximum optimum yield (OYs).

    The OYs specified pursuant to Sec. 648.21 during a fishing year may 
not exceed the following amounts:
    (a) Mackerel--that quantity of mackerel that is less than or equal 
to the allowable biological catch (ABC) in U.S. waters specified 
pursuant to Sec. 648.21.
    (b) Loligo--36,000 mt (79,362,000 lb).
    (c) Illex--30,000 mt (66,135,000 lb).
    (d) Butterfish--16,000 mt (35,272,000 lb).


Sec. 648.21  Procedures for determining initial annual amounts.

    (a) Initial recommended annual specifications. The Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring 
Committee) shall meet annually to develop and recommend the following 
specifications for consideration by the Mackerel, Squid, and Butterfish 
Committee of the MAFMC: (1) Initial OY (IOY), domestic annual harvest 
(DAH), and domestic annual processing (DAP) for the squids; (2) IOY, 
DAH, DAP, and bycatch level of the total allowable level of foreign 
fishing (TALFF), if any, for butterfish; and (3) IOY, DAH, DAP, joint 
venture processing (JVP), if any, and TALFF, if any, for mackerel. The 
Monitoring Committee may also recommend that certain ratios of TALFF, 
if any, for mackerel to purchases of domestic harvested fish and/or 
domestic processed fish be established in relation to the initial 
annual amounts.
    (b) Guidelines. As the basis for its recommendations under 
paragraph (a) of this section, the Monitoring Committee shall review 
available data pertaining to: Commercial and recreational landings, 
discards, current estimates of fishing mortality, stock status, the 
most recent estimates of recruitment, virtual population analysis 
results, levels of noncompliance by harvesters or individual states, 
impact of size/mesh regulations, results of a survey of domestic 
processors and joint venture operators of estimated mackerel processing 
capacity and intent to use that capacity, results of a survey of 
fishermen's trade associations of estimated mackerel harvesting 
capacity and intent to use that capacity, and any other relevant 
information. The specifications recommended pursuant to paragraph (a) 
of this section must be consistent with the following:
    (1) Squid. (i) The ABC for any fishing year must be either the 
maximum OY specified in Sec. 648.20, or a lower amount, if stock 
assessments indicate that the

[[Page 34988]]

potential yield is less than the maximum OY.
    (ii) IOY is a modification of ABC based on social and economic 
factors.
    (2) Mackerel. (i) Mackerel ABC must be calculated from the formula 
ABC = S - C - T, where C is the estimated catch of mackerel in Canadian 
waters for the upcoming fishing year; S is the mackerel spawning stock 
size at the beginning of the year for which quotas are specified; and 
T, which must be equal to or greater than 900,000 mt (1,984,050,000 
lb), is the spawning stock size that must be maintained in the year 
following the year for which quotas are specified.
    (ii) IOY is a modification of ABC, based on social and economic 
factors, and must be less than or equal to ABC.
    (iii) IOY is composed of DAH and TALFF. DAH, DAP, and JVP must be 
projected by reviewing data from sources specified in paragraph (a) of 
this section and other relevant data, including past domestic landings, 
projected amounts of mackerel necessary for domestic processing and for 
joint ventures during the fishing year, projected recreational 
landings, and other data pertinent for such a projection. The JVP 
component of DAH is the portion of DAH that domestic processors either 
cannot or will not use. In addition, IOY is based on the criteria set 
forth in the Magnuson Act, specifically section 201(e), and on the 
following economic factors:
    (A) Total world export potential by mackerel producing countries.
    (B) Total world import demand by mackerel consuming countries.
    (C) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers.
    (D) Increased/decreased revenues to the United States from foreign 
fees.
    (E) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures).
    (F) Increased/decreased revenues to U.S. processors and exporters.
    (G) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest.
    (H) Increases/decreases in U.S. processing productivity.
    (I) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes 
in trade barriers, technology transfer, and other considerations.
    (3) Butterfish. (i) If the Monitoring Committee's review indicates 
that the stock cannot support a level of harvest equal to the maximum 
OY, the Monitoring Committee shall recommend establishing an ABC less 
than the maximum OY for the fishing year. This level represents the 
modification of maximum OY to reflect biological and ecological 
factors. If the stock is able to support a harvest level equivalent to 
the maximum OY, the ABC must be set at that level.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a DAH and bycatch TALFF that is equal 
to 0.08 percent of the allocated portion of the mackerel TALFF.
    (c) Recommended measures. Based on the review of the data described 
in paragraph (a) of this section, the Monitoring Committee will 
recommend to the Squid, Mackerel, and Butterfish Committee the measures 
it determines are necessary to assure that the specifications are not 
exceeded from the following measures:
    (1) Commercial quotas.
    (2) The amount of Loligo and butterfish that may be retained, 
possessed and landed by vessels issued the incidental catch permit 
specified in Sec. 648.4(a)(5).
    (3) Commercial minimum fish sizes.
    (4) Commercial trip limits.
    (5) Commercial seasonal quotas.
    (6) Minimum mesh sizes.
    (7) Commercial gear restrictions.
    (8) Recreational harvest limit.
    (9) Recreational minimum fish size.
    (10) Recreational possession limits.
    (11) Recreational season.
    (d) Annual fishing measures. (1) The Squid, Mackerel, and 
Butterfish Committee shall review the recommendations of the Monitoring 
Committee. Based on these recommendations and any public comment 
received thereon, the Squid, Mackerel, and Butterfish Committee shall 
recommend to the MAFMC appropriate specifications and any measures 
necessary to assure that the specifications will not be exceeded. The 
MAFMC shall review these recommendations and based on the 
recommendations and any public comment received thereon, the MAFMC 
shall recommend to the Regional Director appropriate specifications and 
any measures necessary to assure that the specifications will not be 
exceeded. The MAFMC's recommendations must include supporting 
documentation, as appropriate, concerning the environmental, economic, 
and social impacts of the recommendations. The Regional Director shall 
review the recommendations, and on or about November 1 of each year, 
shall publish notification in the Federal Register proposing 
specifications and any measures necessary to assure that the 
specifications will not be exceeded and providing a 30-day public 
comment period. If the proposed specifications differ from those 
recommended by the MAFMC, the reasons for any differences shall be 
clearly stated and the revised specifications must satisfy the criteria 
set forth in this section. The MAFMC's recommendations shall be 
available for inspection at the office of the Regional Director during 
the public comment period.
    (2) On or about December 15 of each year, the Assistant 
Administrator will make a final determination concerning the 
specifications for each species and any measures necessary to assure 
that the specifications will not be exceeded contained in the Federal 
Register notification. After the Assistant Administrator considers all 
relevant data and any public comments, notification of the final 
specifications and any measures necessary to assure that the 
specifications will not be exceeded and responses to the public 
comments will be published in the Federal Register. If the final 
specification amounts differ from those recommended by the MAFMC, the 
reason(s) for the difference(s) must be clearly stated and the revised 
specifications must be consistent with the criteria set forth in 
paragraph (b) of this section.
    (e) Inseason adjustments. The specifications established pursuant 
to this section may be adjusted by the Regional Director, in 
consultation with the MAFMC, during the fishing year by publishing 
notification in the Federal Register stating the reasons for such an 
action and providing a 30-day comment public comment period.


Sec. 648.22  Closure of the fishery.

    (a) General. The Assistant Administrator shall close the directed 
mackerel or Loligo or Illex squid or butterfish fishery in the EEZ when 
U.S. fishermen have harvested 80 percent of the DAH, of that fishery if 
such closure is necessary to prevent the DAH from being exceeded. The 
closure shall remain in effect for the remainder of the fishing year, 
with incidental catches allowed as specified in paragraph (c) of this 
section, until the entire DAH is attained. When the Regional Director 
projects that DAH will be attained for any of the species, the 
Assistant Administrator shall close the fishery in the EEZ to all 
fishing for that species, and the incidental catches specified in 
paragraph (c) of this section will be prohibited.
    (b) Notification. Upon determining that a closure is necessary, the 
Assistant Administrator will notify, in advance of

[[Page 34989]]

the closure, the Executive Directors of the MAFMC, NEFMC, and SAFMC; 
mail notification of the closure to all holders of mackerel, squid, and 
butterfish fishery permits at least 72 hours before the effective date 
of the closure; provide adequate notice of the closure to recreational 
participants in the fishery; and publish notification of closure in the 
Federal Register.
    (c) Incidental catches. During the closure of a directed fishery, 
the trip limit for the species for which the fishery is closed is 10 
percent, by weight, of the total amount of fish on board for a vessel 
with a Loligo/butterfish moratorium permit or Illex or a mackerel 
commercial permit. During a period of closure of the directed fishery 
for Loligo or butterfish, the trip limit for a vessel with an 
incidental catch permit for those species is 10 percent, by weight, of 
the total amount of fish on board, or the allowed level of incidental 
catch specified in Sec. 648.4(e)(2), whichever is less.


Sec. 648.23  Gear restrictions.

    (a) Mesh restrictions and exemptions. Owners or operators of otter 
trawl vessels possessing Loligo harvested in or from the EEZ may only 
fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm) 
diamond mesh, inside stretch measure, applied throughout the entire 
net, unless they are fishing during the months of June, July, August, 
and September for Illex seaward of the following coordinates (copies of 
a map depicting this area are available from the Regional Director upon 
request):

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

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

Subpart C--Management Measures for Atlantic Salmon


Sec. 648.40  Prohibition on possession.

    (a) Incidental catch. All Atlantic salmon caught incidental to a 
directed fishery for other species in the EEZ must be released in such 
a manner as to insure maximum probability of survival.
    (b) Presumption. The possession of Atlantic salmon is prima facie 
evidence that such Atlantic salmon were taken in violation of this 
regulation. Evidence that such fish were harvested in state waters, or 
from foreign waters, or from aquaculture enterprises, will be 
sufficient to rebut the presumption. This presumption does not apply to 
fish being sorted on deck.

Subpart D--Management Measures for the Atlantic Sea Scallop Fishery


Sec. 648.50  Shell-height standard.

    (a) Minimum shell height. The minimum shell height for in-shell 
scallops that may be landed, or possessed at or after landing, is 3.5 
inches (89 mm). Shell height is a straight line measurement from the 
hinge to the outermost part of the shell, that is, the edge farthest 
away from the hinge.
    (b) Compliance and sampling. Compliance with the minimum shell-
height standard will be determined by inspection and enforcement at or 
after landing, including the time when the scallops are received or 
possessed by a dealer or person acting in the capacity of a dealer as 
follows: An authorized officer will take samples of 40 scallops each, 
at random, from the total amount of scallops in possession. The person 
in possession of the scallops may request that as many as 10 samples 
(400 scallops) be examined as a sample group. A sample group fails to 
comply with the standard if more than 10 percent of all scallops 
sampled are less than the shell height specified. The total amount of 
scallops in possession will be deemed in violation of this subpart and 
subject to forfeiture, if the sample group

[[Page 34990]]

fails to comply with the standard. All scallops will be subject to 
inspection and enforcement, in accordance with these compliance and 
sampling procedures, up to and including the time when a dealer 
receives or possesses scallops for a commercial purpose.


Sec. 648.51  Gear and crew restrictions.

    (a) Trawl vessel gear restrictions. Trawl vessels in possession of 
more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell 
scallops, trawl vessels fishing for scallops, and trawl vessels issued 
a limited access scallop permit under Sec. 648.4(a)(2), while fishing 
under or subject to the DAS allocation program for scallops and 
authorized to fish with or possess on board trawl nets pursuant to 
Sec. 648.51(f), must comply with the following:
    (1) Maximum sweep. The trawl sweep of nets in use by or available 
for immediate use, as specified in paragraph (a)(2)(iii) of this 
section, shall not exceed 144 ft (43.9 m) as measured by the total 
length of the footrope that is directly attached to the webbing of the 
net.
    (2) Net requirements--(i) Minimum mesh size. The mesh size for any 
scallop trawl net in all areas shall not be smaller than 5.5 inches 
(13.97 cm).
    (ii) Mesh stowage. Same as Sec. 648.23(b).
    (iii) Measurement of mesh size. Mesh size is measured by using a 
wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 
2.3 mm, inserted into the meshes under a pressure or pull of 5 kg. The 
mesh size is the average of the measurements of any series of 20 
consecutive meshes for nets having 75 or more meshes, and 10 
consecutive meshes for nets having fewer than 75 meshes. The mesh in 
the regulated portion of the net will be measured at least five meshes 
away from the lacings running parallel to the long axis of the net.
    (3) Chafing gear and other gear obstructions--(i) Net obstruction 
or constriction. A fishing vessel may not use any device or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, 
or chafing gear, on the top of a trawl net, except that one splitting 
strap and one bull rope (if present), consisting of line and rope no 
more than 3 inches (7.62 cm) in diameter, may be used if such splitting 
strap and/or bull rope does not constrict in any manner the top of the 
trawl net. ``The top of the trawl net'' means the 50 percent of the net 
that (in a hypothetical situation) would not be in contact with the 
ocean bottom during a tow if the net were laid flat on the ocean floor. 
For the purpose of this paragraph (a)(3), head ropes shall not be 
considered part of the top of the trawl net.
    (ii) Mesh obstruction or constriction. A fishing vessel may not use 
any mesh configuration, mesh construction, or other means on or in the 
top of the net, as defined in paragraph (a)(3)(i) of this section, if 
it obstructs the meshes of the net in any manner.
    (iii) A fishing vessel may not use or possess a net capable of 
catching scallops in which the bars entering or exiting the knots twist 
around each other.
    (b) Dredge vessel gear restrictions. All dredge vessels fishing for 
or in possession of more than 40 lb (18.14 kg) of shucked, or 5 bu 
(176.2 L) of in-shell scallops, and all dredge vessels issued a limited 
access scallop permit and fishing under the DAS Program, with the 
exception of hydraulic clam dredges and mahogany quahog dredges in 
possession of 400 lb (181.44 kg) of scallops, or less, must comply with 
the following restrictions:
    (1) Maximum dredge width. The combined dredge width in use by or in 
possession on board such vessels shall not exceed 31 ft (9.4 m) 
measured at the widest point in the bail of the dredge, except as 
provided under paragraph (e) of this section. However, component parts 
may be on board the vessel such that they do not conform with the 
definition of ``dredge or dredge gear'' in Sec. 648.2, i.e., the metal 
ring bag and the mouth frame, or bail, of the dredge are not attached, 
and such that no more than one complete spare dredge could be made from 
these components parts.
    (2) Minimum mesh size. (i) The mesh size of net material on the top 
of a scallop dredge in use by or in possession of such vessels shall 
not be smaller than 5.5 inches (13.97 cm).
    (ii) Mesh size is measured as provided in paragraph (a)(2)(iii) of 
this section.
    (3) Minimum ring size. (i) The inside ring size of a scallop dredge 
in use by or in possession of such vessels shall not be smaller than 
3.5 inches (89 mm).
    (ii) Ring size is determined by measuring the shortest straight 
line passing through the center of the ring from one inside edge to the 
opposite inside edge of the ring. The measurement shall not include 
normal welds from ring manufacturing or links. The rings to be measured 
will be at least five rings away from the mouth, and at least two rings 
away from other rigid portions of the dredge.
    (4) Chafing gear and other gear obstructions--(i) Chafing gear 
restrictions. No chafing gear or cookies shall be used on the top of a 
scallop dredge.
    (ii) Link restrictions. No more than double links between rings 
shall be used in or on all parts of the dredge bag, except the dredge 
bottom. No more than triple linking shall be used in or on the dredge 
bottom portion and the diamonds. Damaged links that are connected to 
only one ring, i.e., ``hangers,'' are allowed, unless they occur 
between two links that both couple the same two rings. Dredge rings may 
not be attached via links to more than four adjacent rings. Thus, 
dredge rings must be rigged in a configuration such that, when a series 
of adjacent rings are held horizontally, the neighboring rings form a 
pattern of horizontal rows and vertical columns. (A copy of a diagram 
showing a schematic of a legal dredge ring pattern is available upon 
request to the Office of the Regional Director).
    (iii) Dredge or net obstructions. No material, device, net, dredge, 
ring, or link configuration or design shall be used if it results in 
obstructing the release of scallops that would have passed through a 
legal sized and configured net and dredge, as described in this part, 
that did not have in use any such material, device, net, dredge, ring 
link configuration or design.
    (iv) Twine top restrictions. Vessels issued limited access scallop 
permits that are fishing for scallops under the DAS Program are also 
subject to the following restrictions:
    (A) If a vessel is rigged with more than one dredge, or if rigged 
with only one dredge, such dredge is greater than 8 ft (2.44 m) in 
width, there must be at least seven rows of non-overlapping steel rings 
unobstructed by netting or any other material, between the terminus of 
the dredge (club stick) and the net material on the top of the dredge 
(twine top).
    (B) For vessels rigged with only one dredge, and such dredge is 
less than 8 ft (2.44 m) in width, there must be at least four rows of 
non-overlapping steel rings unobstructed by netting or any other 
material between the club stick and the twine top of the dredge. (A 
copy of a diagram showing a schematic of a legal dredge with twine top 
is available from the Regional Director upon request).
    (c) Crew restrictions. Limited access vessels participating in or 
subject to the scallop DAS allocation program may have no more than 
seven people aboard, including the operator, when not docked or moored 
in port, unless participating in the small dredge program specified in 
paragraph (e) of this section, or otherwise authorized by the Regional 
Director.

[[Page 34991]]

    (d) Sorting and shucking machines. (1) Shucking machines are 
prohibited on all limited access vessels fishing under the scallop DAS 
program or any vessel in possession of more than 400 lb (181.44 kg) of 
scallops, unless the vessel has not been issued a limited access 
scallop permit and fishes exclusively in state waters.
    (2) Sorting machines are prohibited on limited access vessels 
fishing under the scallop DAS program that shuck scallops at sea.
    (e) Small dredge program restrictions. Any vessel owner whose 
vessel is assigned to either the part-time or occasional category may 
request, in the application for the vessel's annual permit, to be 
placed in one category higher. Vessel owners making such a request will 
be placed in the appropriate category for the entire year, if they 
agree to comply with the following restrictions, in addition to and 
notwithstanding other restrictions of this part, when fishing under the 
DAS program described in Sec. 648.53, or in possession of more than 400 
lb (181.44 kg) of shucked, or 50 bu (176.2 L) of in-shell scallops:
    (1) The vessel must fish exclusively with one dredge no more than 
10.5 ft (3.2 m) in width.
    (2) The vessel may not have more than one dredge on board or in 
use.
    (3) The vessel may have no more than five people, including the 
operator, on board.
    (f) Restrictions on use of trawl nets--(1) Prohibition on use of 
trawl nets. Vessels issued a limited access scallop permit fishing for 
scallops under the DAS allocation program may not fish with, possess on 
board, or land scallops while in possession of trawl nets, unless such 
vessels have on board a valid letter of authorization to use trawl nets 
issued under paragraphs (f)(2) and (3) of this section.
    (2) Eligibility for a letter of authorization to use trawl nets. To 
be eligible for a letter of authorization to use trawl nets, a vessel 
may not have fished for scallops with a scallop dredge from January 1, 
1988, to the present, except pursuant to a letter of authorization 
issued pursuant to paragraph (f)(3) of this section. Only vessels that 
were issued 1995 limited access scallop permits or that were eligible 
to be issued such a permit, and for which a determination has been made 
in 1995, except as provided in paragraph (f)(4) of this section, are 
eligible to receive a letter of authorization.
    (3) Authorization to use trawl nets. Vessels determined to have met 
the criteria set forth in paragraph (f)(2) of this section for a letter 
of authorization shall be issued a letter of authorization by the 
Regional Director. Such letter must be carried on board the vessel at 
all times. In subsequent years, eligibility for this exemption will be 
indicated on the vessel's permit.
    (4) Authorization to use trawl nets by replacement vessels. To be 
eligible for a letter of authorization to use trawl nets, any 
replacement vessel of a vessel authorized to fish for scallops with 
trawl nets must meet the eligibility requirements of paragraph (f)(2) 
of this section and have on board a valid letter of authorization 
issued under paragraph (f)(3) of this section. The letter of 
authorization must be requested at the time the vessel owner initially 
applies for a permit for the replacement vessel.


Sec. 648.52  Possession restrictions.

    (a) Owners or operators of vessels with a limited access scallop 
permit that have declared out of the DAS program as specified in 
Sec. 648.10, or have used up their DAS allocations and vessels 
possessing a general scallop permit, unless exempted under the state 
waters exemption program described under Sec. 648.54, are prohibited 
from possessing or landing per trip more than 400 lb (181.44 kg) of 
shucked, or 50 bu (176.2 L) of in-shell scallops, with not more than 
one scallop trip allowable in any calendar day.
    (b) Owners or operators of vessels without a scallop permit, except 
vessels fishing for scallops exclusively in state waters, are 
prohibited from possessing or landing per trip, more than 40 lb (18.14 
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops. Owners or 
operators of vessels without a scallop permit are prohibited from 
selling, bartering, or trading scallops harvested from Federal waters.


Sec. 648.53  DAS allocations.

    (a) Assignment to DAS categories. For each fishing year, each 
vessel issued a limited access scallop permit shall be assigned to the 
DAS category (full-time, part-time, or occasional) it was assigned in 
the preceding fishing year. Limited access scallop permits will 
indicate which category the vessel is assigned to. Vessels are 
prohibited from fishing for, landing per trip, or possessing more than 
400 lb (181.44 kg) of shucked, or 50 bu (176.2 L) of in-shell scallops 
once their allocated number of DAS, as specified under paragraph (b) of 
this section, are used up.
    (b) DAS allocations. Each vessel qualifying for one of the three 
categories specified in paragraph (a) of this section shall be 
allocated, annually, the maximum number of DAS it may participate in 
the limited access scallop fishery, according to its category. A vessel 
whose owner/operator has declared it out of the scallop fishery 
pursuant to the provisions of Sec. 648.10, or has used up its allocated 
DAS, may leave port without being assessed a DAS, so long as it does 
not possess or land more than 400 lb (181.44 kg) of shucked, or 50 bu 
(176.2 L) of in-shell scallops, and complies with the other 
requirements of this part. The annual allocations of DAS for each 
category of vessel for the fishing years indicated are as follows:

----------------------------------------------------------------------------------------------------------------
                                                              1995-96 and               1998-99 and             
                        DAS category                             1996-97     1997-98      1999-2000     2000+   
----------------------------------------------------------------------------------------------------------------
Full-time...................................................          182          164          142          120
Part-time...................................................           82           66           57           48
Occasional..................................................           16           14           12           10
----------------------------------------------------------------------------------------------------------------

    (c) Adjustments in annual DAS allocations. Adjustments or changes 
in annual DAS allocations, if required to meet fishing mortality 
reduction goals, may be made following a reappraisal and analysis under 
the framework provisions specified in Sec. 648.55.
    (d) End-of-year carry-over. Limited access vessels with unused DAS 
on the last day of February of any year may carry over a maximum of 10 
DAS into the next year. At no time may more than 10 DAS be carried 
over.
    (e) Accrual of DAS. DAS shall accrue in hourly increments, with all 
partial hours counted as full hours.
    (f) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea assisting in a USCG search and 
rescue operation or assisting the USCG in

[[Page 34992]]

towing a disabled vessel, and that can document the occurrence through 
the USCG, will not accrue DAS for the time documented.


Sec. 648.54  State waters exemption.

    (a) DAS exemption. Any vessel issued a limited access scallop 
permit is exempt from the DAS requirements specified in Sec. 648.54(c) 
while fishing exclusively landward of the outer boundary of a state's 
waters, provided the vessel complies with paragraphs (c) through (f) of 
this section.
    (b) Gear restriction exemption--(1) Limited access permits. Any 
vessel issued a limited access scallop permit that is exempt from the 
DAS requirements of Sec. 648.53(c) under paragraph (a) of this section 
is also exempt from the gear restrictions specified in Sec. 648.51 (a), 
(b), and (e) (1) and (2) while fishing exclusively landward of the 
outer boundary of the waters of a state that has been determined by the 
Regional Director under paragraph (b)(3) of this section to have a 
scallop fishery and a scallop conservation program that does not 
jeopardize the fishing mortality/effort reduction objectives of the 
Scallop FMP, provided the vessel complies with paragraphs (c) through 
(f) of this section.
    (2) General permits. Any vessel issued a general scallop permit is 
exempt from the gear restrictions specified in Sec. 648.51 (a), (b), 
and (e) (1) and (2) while fishing exclusively landward of the outer 
boundary of the waters of a state that has been determined by the 
Regional Director under paragraph (b)(3) of this section to have a 
scallop fishery and a scallop conservation program that does not 
jeopardize the fishing mortality/effort reduction objectives of the 
Scallop FMP, provided the vessel complies with paragraphs (d) through 
(f) of this section.
    (3) State eligibility for gear exemption. (i) A state is eligible 
to have vessels fishing exclusively landward of the outer boundary of 
the waters of that state exempted from the gear requirements specified 
in Sec. 648.51 (a), (b), and (e) (1) and (e)(2), if it has a scallop 
fishery and a scallop conservation program that does not jeopardize the 
fishing mortality/effort reduction objectives of the Scallop FMP.
    (ii) The Regional Director shall determine which states have a 
scallop fishery and which of those states have a scallop conservation 
program that does not jeopardize the fishing mortality/effort reduction 
objectives of the Scallop FMP.
    (iii) Maine, New Hampshire, and Massachusetts have been determined 
by the Regional Director to have scallop fisheries and scallop 
conservation programs that do not jeopardize the fishing mortality/
effort reduction objectives of the Scallop FMP. These states must 
immediately notify the Regional Director of any changes in their 
respective scallop conservation program. The Regional Director will 
review these changes and, if a determination is made that the state's 
conservation program jeopardizes the fishing mortality/effort reduction 
objectives of the Scallop FMP, or that the state no longer has a 
scallop fishery, the Regional Director shall publish a final rule in 
the Federal Register amending this paragraph (b)(3)(iii) to eliminate 
the exemption for that state. The Regional Director may determine that 
other states have scallop fisheries and scallop conservation programs 
that do not jeopardize the fishing mortality/effort reduction 
objectives of the Scallop FMP. In such case, the Regional Director 
shall publish a final rule in the Federal Register amending this 
paragraph (b)(3)(iii) to provide the exemption for such states.
    (c) Notification requirements. Vessels fishing under the exemptions 
provided by paragraphs (a) and/or (b) of this section must notify the 
Regional Director in accordance with the provisions of Sec. 648.10(f).
    (d) Restriction on fishing in the EEZ. A vessel fishing under a 
state water's exemption may not fish in the EEZ during that time.
    (e) Duration of exemption. An exemption expires upon a change in 
the vessel's name or ownership.
    (f) Applicability of other provisions of this part. A vessel 
fishing under the exemptions provided by paragraphs (a) and/or (b) of 
this section remains subject to all other requirements of this part.


Sec. 648.55  Framework adjustments to management measures.

    (a) Annually, upon request from the NEFMC, but at a minimum in the 
years 1996 and 1999, the Regional Director will provide the NEFMC with 
information on the status of the scallop resource.
    (b) Within 60 days of receipt of that information, the NEFMC PDT 
shall assess the condition of the scallop resource to determine the 
adequacy of the total allowable DAS reduction schedule, described in 
Sec. 648.53(b), to achieve the target fishing mortality rate. In 
addition, the PDT shall make a determination whether other resource 
conservation issues exist that require a management response in order 
to meet the goals and objectives outlined in the Scallop FMP. The PDT 
shall report its findings and recommendations to the NEFMC. In its 
report to the NEFMC, the PDT shall provide the appropriate rationale 
and economic and biological analysis for its recommendation, utilizing 
the most current catch, effort, and other relevant data from the 
fishery.
    (c) After receiving the PDT findings and recommendations, the NEFMC 
shall determine whether adjustments to, or additional management 
measures are necessary to meet the goals and objectives of the Scallop 
FMP. After considering the PDT's findings and recommendations, or at 
any other time, if the NEFMC determines that adjustments to, or 
additional management measures are necessary, it shall develop and 
analyze appropriate management actions over the span of at least two 
NEFMC meetings. The NEFMC shall provide the public with advance notice 
of the availability of both the proposals and the analyses, and 
opportunity to comment on them prior to and at the second NEFMC 
meeting. The NEFMC's recommendation on adjustments or additions to 
management measures must come from one or more of the following 
categories:
    (1) DAS changes.
    (2) Shell height.
    (3) Offloading window reinstatement.
    (4) Effort monitoring.
    (5) Data reporting.
    (6) Trip limits.
    (7) Gear restrictions.
    (8) Permitting restrictions.
    (9) Crew limits.
    (10) Small mesh line.
    (11) Onboard observers.
    (12) Any other management measures currently included in the FMP.
    (d) After developing management actions and receiving public 
testimony, the NEFMC shall make a recommendation to the Regional 
Director. The NEFMC's recommendation 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 NEFMC recommends that the 
management measures should be published as a final rule, the NEFMC must 
consider at least the following factors and provide support and 
analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the

[[Page 34993]]

affected industry in the development of the NEFMC's recommended 
management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (e) If the NEFMC's recommendation includes adjustments or additions 
to management measures, and if, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) The Regional Director concurs with the NEFMC's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule based on the factors 
specified in paragraph (d) of this section, the action will be 
published in the Federal Register as a final rule; or
    (2) The Regional Director concurs with the NEFMC's recommendation 
and determines that the recommended management measures should be 
published first as a proposed rule, the action will be published as a 
proposed rule in the Federal Register. After additional public comment, 
if the Regional Director concurs with the NEFMC recommendation, the 
action will be published as a final rule in the Federal Register; or
    (3) The Regional Director does not concur, the NEFMC will be 
notified, in writing, of the reasons for the non-concurrence.
    (f) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action under section 305(e) of the 
Magnuson Act.

Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
Quahog Fisheries


Sec. 648.70  Annual individual allocations.

    (a) General. (1) For each fishing year, the Regional Director shall 
determine the allocation of surf clams and ocean quahogs for each 
vessel owner issued an allocation for the preceding fishing year, by 
multiplying the quotas specified for each species by the Regional 
Director under Sec. 648.71 by the allocation percentage, specified for 
that owner on the allocation permit for the preceding fishing year, 
adjusted to account for any transfer pursuant to paragraph (b) of this 
section. These allocations shall be made in the form of an allocation 
permit specifying for each species the allocation percentage and the 
allocation in bushels. Such permits shall be issued on or before 
December 15, to the registered holders who were assigned an allocation 
by November 1. The total number of bushels of allocation shall be 
divided by 32 to determine the appropriate number of cage tags to be 
issued or acquired under Sec. 648.75. Amounts of allocation 0.5 or 
smaller created by this division shall be rounded downward to the 
nearest whole number and amounts of allocation greater than 0.5 created 
by this division shall be rounded upward to the nearest whole number so 
that allocations are specified in whole cages. An allocation permit is 
only valid for the entity for which it is issued.
    (2) The Regional Director may, after publication of a fee 
notification in the Federal Register, charge a permit fee before 
issuance of the permit to recover administrative expenses. Failure to 
pay the fee will preclude issuance of the permit.
    (b) Transfers--(1) Allocation percentage. Subject to the approval 
of the Regional Director, part or all of an allocation percentage may 
be transferred, in amounts equivalent to not less than 160 bu (8,500 L) 
(i.e., 5 cages) in the year in which the transfer is made, to any 
person eligible to own a documented vessel under the terms of 46 U.S.C. 
12102(a). Approval of a transfer by the Regional Director and for a new 
allocation permit reflecting that transfer may be requested by 
submitting a written application for approval of the transfer and for 
issuance of a new allocation permit to the Regional Director at least 
10 days before the date on which the applicant desires the transfer to 
be effective, in the form of a completed transfer log supplied by the 
Regional Director. The transfer is not effective until the new holder 
receives a new or revised annual allocation permit from the Regional 
Director. An application for transfer may not be made between October 
15 and December 31 of each year.
    (2) Cage tags. Cage tags issued pursuant to Sec. 648.75 may be 
transferred in quantities of not less than 5 tags at any one time, 
subject to the restrictions and procedure specified in paragraph (b)(1) 
of this section; provided that application for such cage tag transfers 
may be made at any time before December 10 of each year and the 
transfer is effective upon the receipt by the transferee of written 
authorization from the Regional Director.
    (3) Review. If the Regional Director determines that the applicant 
has been issued a Notice of Permit Sanction for a violation of the 
Magnuson Act that has not been resolved, he/she may decline to approve 
such transfer pending resolution of the matter.


Sec. 648.71  Catch quotas.

    (a) Surf clams. The amount of surf clams that may be caught 
annually by fishing vessels subject to these regulations will be 
specified by the Assistant Administrator, on or about December 1 of 
each year, within the range of 1.85 to 3.4 million bu (98.5 to 181 
million L).
    (1) Establishing quotas. (i) Prior to the beginning of each year, 
the MAFMC, following an opportunity for public comment, will recommend 
to the Assistant Administrator quotas and estimates of DAH and DAP 
within the ranges specified. In selecting the quota, the MAFMC shall 
consider current stock assessments, catch reports, and other relevant 
information concerning:
    (A) Exploitable and spawning biomass relative to the OY.
    (B) Fishing mortality rates relative to the OY.
    (C) Magnitude of incoming recruitment.
    (D) Projected effort and corresponding catches.
    (E) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (F) Status of areas previously closed to surf clam fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (ii) The quota shall be set at that amount that is most consistent 
with the objectives of the Atlantic Surf Clam and Ocean Quahog FMP. The 
Assistant Administrator may set quotas at quantities different from the 
MAFMC's recommendations only if he/she can demonstrate that the MAFMC's 
recommendations violate the national standards of the Magnuson Act and 
the objectives of the Atlantic Surf Clam and Ocean Quahog FMP.
    (2) Report. Prior to the beginning of each year, the Regional 
Director shall prepare a written report, based on the latest available 
stock assessment report prepared by NMFS, data reported by harvesters 
and processors according to these regulations, and other relevant data. 
The report will include consideration of:
    (i) Exploitable biomass and spawning biomass relative to OY.
    (ii) Fishing mortality rates relative to OY.
    (iii) Magnitude of incoming recruitment.
    (iv) Projected effort and corresponding catches.
    (v) Status of areas previously closed to surf clams fishing that 
are to be opened during the year and areas likely to be closed to 
fishing during the year.

[[Page 34994]]

    (vi) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (3) Public review. Based on the information presented in the 
report, and in consultation with the MAFMC, the Assistant Administrator 
shall propose an annual surf clam quota and an annual ocean quahog 
quota and shall publish them in the Federal Register. Comments on the 
proposed annual quotas may be submitted to the Regional Director within 
30 days after publication. The Assistant Administrator shall consider 
all comments, determine the appropriate annual quotas, and publish the 
annual quotas in the Federal Register on or about December 1 of each 
year.
    (b) Ocean quahogs. The amount of ocean quahogs that may be caught 
by fishing vessels subject to these regulations shall be specified 
annually by the Assistant Administrator, on or about December 1, within 
the range of 4 to 6 million bu (213 to 319.4 million L), following the 
same procedures set forth in paragraph (a) of this section for surf 
clams.


Sec. 648.72  Minimum surf clam size.

    (a) Minimum length. The minimum length for surf clams is 4.75 
inches (12.065 cm).
    (b) Determination of compliance. No more than 50 surf clams in any 
cage may be less than 4.75 inches (12.065 cm) in length. If more than 
50 surf clams in any inspected cage of surf clams are less than 4.75 
inches (12.065 cm) in length, all cages landed by the same vessel from 
the same trip are deemed to be in violation of the minimum size 
restriction.
    (c) Suspension. Upon the recommendation of the MAFMC, the Regional 
Director may suspend annually, by publication in the Federal Register, 
the minimum shell-height standard, unless discard, catch, and survey 
data indicate that 30 percent of the surf clams are smaller than 4.75 
inches (12.065 cm) and the overall reduced shell height is not 
attributable to beds where the growth of individual surf clams has been 
reduced because of density dependent factors.
    (d) Measurement. Length is measured at the longest dimension of the 
surf clam shell.


Sec. 648.73  Closed areas.

    (a) Areas closed because of environmental degradation. Certain 
areas are closed to all surf clam and ocean quahog fishing because of 
adverse environmental conditions. These areas will remain closed until 
the Assistant Administrator determines that the adverse environmental 
conditions no longer exist. If additional areas are identified by the 
Assistant Administrator as being contaminated by the introduction or 
presence of hazardous materials or pollutants, they may be closed by 
the Assistant Administrator in accordance with paragraph (c) of this 
section. The areas closed are:
    (1) Boston Foul Ground. The waste disposal site known as the 
``Boston Foul Ground'' and located at 42 deg.25'36## N. lat., 
70 deg.35#00## W. long., with a radius of 1 nm in every direction from 
that point.
    (2) New York Bight. The polluted area and waste disposal site known 
as the ``New York Bight Closure'' and located at 40 deg.25#04## N. 
lat., 73 deg.42#38## W. long., and with a radius of 6 nm in every 
direction from that point, extending farther northwestward, westward, 
and southwestward between a line from a point on the arc at 
40 deg.31#00## N. lat., 73 deg.43#38## W. long., directly toward 
Atlantic Beach Light in New York to the limit of state territorial 
waters of New York; and a line from a point on the arc at 
40 deg.19#48## N. lat., 73 deg.45#42## W. long., to a point at the 
limit of the state territorial waters of New Jersey at 40 deg.14#00## 
N. lat., 73 deg.55#42## W. long.
    (3) 106 Dumpsite. The toxic industrial dump site known as the ``106 
Dumpsite'' and located between 38 deg.40#00## and 39 deg.00#00## N. 
lat. and between 72 deg.00#00## and 72 deg.30#00## W. long.
    (b) Areas closed because of small surf clams. Areas may be closed 
because they contain small surf clams.
    (1) Closure. The Assistant Administrator may close an area to surf 
clams and ocean quahog fishing if he/she determines, based on logbook 
entries, processors' reports, survey cruises, or other information, 
that the area contains surf clams of which:
    (i) Sixty percent or more are smaller than the minimum size (4.5 
inches (11.43 cm)); and
    (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) 
in size.
    (2) Reopening. The Assistant Administrator may reopen areas or 
parts of areas closed under paragraph (b)(1) of this section if he/she 
determines, based on survey cruises or other information, that:
    (i) The average length of the dominant (in terms of weight) size 
class in the area to be reopened is equal to or greater than 4.75 
inches (12.065 cm); or
    (ii) The yield or rate of growth of the dominant shell-height class 
in the area to be reopened would be significantly enhanced through 
selective, controlled, or limited harvest of surf clams in the area.
    (c) Procedure. (1) The Regional Director may hold a public hearing 
on the proposed closure or reopening of any area under paragraph (a) or 
(b) of this section. The Assistant Administrator shall publish 
notification in the Federal Register of any proposed area closure or 
reopening, including any restrictions on harvest in a reopened area. 
Comments on the proposed closure or reopening may be submitted to the 
Regional Director within 30 days after publication. The Assistant 
Administrator shall consider all comments and publish the final 
notification of closure or reopening, and any restrictions on harvest, 
in the Federal Register. Any adjustment to harvest restrictions in a 
reopened area shall be made by notification in the Federal Register. 
The Regional Director shall send notice of any action under this 
paragraph (c)(1) to each surf clam and ocean quahog processor and to 
each surf clam and ocean quahog permit holder.
    (2) If the Regional Director determines, as the result of testing 
by state, Federal, or private entities, that a closure of an area under 
paragraph (a) of this section is necessary to prevent any adverse 
effects fishing may have on the public health, he/she may close the 
area for 60 days by publication of notification in the Federal 
Register, without prior comment or public hearing. If an extension of 
the 60-day closure period is necessary to protect the public health, 
the hearing and notice requirements of paragraph (c)(1) of this section 
shall be followed.


Sec. 648.74  Shucking at sea.

    (a) Observers. (1) The Regional Director may allow the shucking of 
surf clams or ocean quahogs at sea if he/she determines that an 
observer carried aboard the vessel can measure accurately the total 
amount of surf clams and ocean quahogs harvested in the shell prior to 
shucking.
    (2) Any vessel owner may apply in writing to the Regional Director 
to shuck surf clams or ocean quahogs at sea. The application shall 
specify: Name and address of the applicant, permit number of the 
vessel, method of calculating the amount of surf clams or ocean quahogs 
harvested in the shell, vessel dimensions and accommodations, and 
length of fishing trip.
    (3) The Regional Director shall provide an observer to any vessel 
owner whose application is approved. The owner shall pay all reasonable 
expenses of carrying the observer on board the vessel.
    (4) Any observer shall certify at the end of each trip the amount 
of surf

[[Page 34995]]

clams or ocean quahogs harvested in the shell by the vessel. Such 
certification shall be made by the observer's signature on the daily 
fishing log required by Sec. 648.7.
    (b) Conversion factor. (1) Based on the recommendation of the 
MAFMC, the Regional Director may allow shucking at sea of surf clams or 
ocean quahogs, with or without an observer, if he/she determines a 
conversion factor for shucked meats to calculate accurately the amount 
of surf clams or ocean quahogs harvested in the shell.
    (2) The Regional Director shall publish notification in the Federal 
Register specifying a conversion factor together with the data used in 
its calculation for a 30-day comment period. After consideration of the 
public comments and any other relevant data, the Regional Director may 
publish final notification in the Federal Register specifying the 
conversion factor.
    (3) If the Regional Director makes the determination specified in 
paragraph (b)(1) of this section, he/she may authorize the vessel owner 
to shuck surf clams or ocean quahogs at sea. Such authorization shall 
be in writing and be carried aboard the vessel.


Sec. 648.75  Cage identification.

    (a) Tagging. Before offloading, all cages that contain surf clams 
or ocean quahogs must be tagged with tags acquired annually under 
paragraph (b) of this section. A tag must be fixed on or as near as 
possible to the upper crossbar of the cage for every 60 ft \3\ (1,700 
L), or portion thereof, of the cage. A tag or tags must not be removed 
until the cage is emptied by the processor, at which time the processor 
must promptly remove and retain the tag(s) for collection or disposal 
as specified by the Regional Director.
    (b) Issuance. The Regional Director will issue a supply of tags to 
each individual vessel owner qualifying for an allocation under 
Sec. 648.70 prior to the beginning of each fishing year or he/she may 
specify, in the Federal Register, a vendor from whom the tags shall be 
purchased. The number of tags will be based on the owner's allocation. 
Each tag represents 32 bu (1,700 L) of allocation.
    (c) Expiration. Tags will expire at the end of the fishing year for 
which they are issued, or if rendered null and void in accordance with 
15 CFR part 904.
    (d) Return. Tags that have been rendered null and void must be 
returned to the Regional Director, if possible.
    (e) Loss. Loss or theft of tags must be reported by the owner, 
numerically identifying the tags to the Regional Director by telephone 
as soon as the loss or theft is discovered and in writing within 24 
hours. Thereafter, the reported tags shall no longer be valid for use 
under this part.
    (f) Replacement. Lost or stolen tags may be replaced by the 
Regional Director if proper notice of the loss is provided by the 
person to whom the tags were issued. Replacement tags may be purchased 
from the Regional Director or a vendor with a written authorization 
from the Regional Director.
    (g) Transfer. See Sec. 648.70(b)(2).
    (h) Presumptions. Surf clams and ocean quahogs found in cages 
without a valid state tag are deemed to have been harvested in the EEZ 
and to be part of an individual's allocation, unless the individual 
demonstrates that he/she has surrendered his/her Federal vessel permit 
issued under Sec. 648.4(a)(4) and conducted fishing operations 
exclusively within waters under the jurisdiction of any state. Surf 
clams and ocean quahogs in cages with a Federal tag or tags, issued and 
still valid pursuant to this section, affixed thereto are deemed to 
have been harvested by the individual allocation holder to whom the 
tags were issued under Sec. 648.75(b) or transferred under 
Sec. 648.70(b).

Subpart F--Management Measures for the NE Multispecies Fishery


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

    All vessels fishing for, harvesting, possessing, or landing NE 
multispecies in or from the EEZ and all vessels holding a multispecies 
permit must comply with the following minimum mesh size, gear, and 
methods of fishing requirements, unless otherwise exempted or 
prohibited.
    (a) Gulf of Maine/Georges Bank (GOM/GB) Regulated Mesh Area.--(1) 
Area definition. The GOM/GB Regulated Mesh Area (copies of a map 
depicting the area are available from the Regional Director upon 
request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

             Gulf of Maine/Georges Bank Regulated Mesh Area             
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
                  G1..........................        (\1\)        (\1\)
G2............................................   43 deg.58'   67 deg.22'
G3............................................  42 deg.53.1             
                                                          '  67 deg.44.4
                                                                       '
G4............................................   42 deg.31'  67 deg.28.1
                                                                       '
G5............................................  41 deg.18.6             
                                                          '  66 deg.24.8
                                                                       '
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime      
  Boundary.                                                             

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

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

    (2) Gear restrictions. (i) Minimum mesh size. Except as provided in 
paragraphs (a)(2) (iii) and (i) of this section, and unless otherwise 
restricted under paragraphs (a) (2)(ii) and (5) of this section, the 
minimum mesh size for any trawl net, sink gillnet, Scottish seine, 
midwater trawl, or purse seine on a vessel or used by a vessel fishing 
under a DAS in the NE multispecies DAS program in the GOM/GB Regulated 
Mesh Area is 6-inch (15.24-cm) square or diamond 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 ft\2\ (0.81 m\2\)), or to 
vessels that have not been issued a multispecies permit and that are 
fishing exclusively in state waters.
    (ii) Large-mesh vessels. When fishing in the GOM/GB regulated mesh 
area, the

[[Page 34996]]

minimum mesh size for any sink gillnet on a vessel or used by a vessel 
fishing under a DAS in the large-mesh DAS program specified in 
Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond mesh throughout 
the entire net. The minimum mesh size for any trawl net on a vessel or 
used by a vessel fishing under a DAS in the large-mesh DAS program is 
8-inch (20.32-cm) diamond 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 ft\2\ (0.81 m\2\)), or to vessels that have 
not been issued a multispecies permit and that are fishing exclusively 
in state waters.
    (iii) Other gear and mesh exemptions. The minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine 
on a vessel or used by a vessel when fishing in the GOM/GB Regulated 
Mesh Area while not under the NE multispecies DAS program, but when 
under one of the exemptions specified in paragraphs (a)(3), (a)(4), 
(a)(6), (a)(8), (a)(9), (d), (e), (h), and (i) of this section, is set 
forth in the respective paragraph specifying the exemption. Vessels 
that are not fishing under one of these exemptions, under the scallop 
state waters exemption specified in Sec. 648.54, or under a NE 
multispecies DAS, are prohibited from fishing in the GOM/GB regulated 
mesh area.
    (3) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraph 
(a)(2) of this section may fish for, harvest, possess, or land northern 
shrimp in the Small Mesh Northern Shrimp Fishery Exemption Area with 
nets with a mesh size smaller than the minimum size specified, if the 
vessel complies with the requirements of paragraphs (a)(3) (i) through 
(iii) of this section. The Small Mesh Northern Shrimp Fishery Exemption 
Area is defined by straight lines connecting the following points in 
the order stated (copies of a map depicting the area are available from 
the Regional Director upon request):

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

    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. A vessel fishing in the northern shrimp fishery described 
in this section under this exemption may not fish for, possess on 
board, or land any species of fish other than shrimp, except for the 
following, with the restrictions noted, as allowable bycatch species: 
Longhorn sculpin; silver hake--up to two standard totes; 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 200 lobsters, whichever is less.
    (ii) Requirement to use a finfish excluder device (FED). A vessel 
must have 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, 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 to first 
pass between the bars of the grate, in any net with mesh smaller than 
the minimum size specified in paragraph (a)(2) of this section. The net 
must have a outlet or hole to allow fish or other objects that are too 
large to pass between the bars of the grate to exit out of the net. The 
aftermost edge of this outlet or hole must be at least as wide as the 
grate at the point of attachment. The outlet or hole must extend 
forward from the grate toward the mouth of the net. A funnel of net 
material is allowed in the lengthening piece of the net forward of the 
grate to direct catch towards the grate. (Copies of a schematic example 
of a properly configured and installed FED are available from the 
Regional Director upon request.)
    (iii) Time restrictions. A vessel may only fish under this 
exemption during the northern shrimp season, as established by the 
Commission. The northern shrimp season is December 1 through May 30, or 
as modified by the Commission.
    (4) Cultivator Shoal Whiting Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraph 
(a)(2) of this section may fish with, use, or possess nets in the 
Cultivator Shoal Whiting Fishery Exemption Area with a mesh size 
smaller than the minimum size specified, if the vessel complies with 
the requirements specified in paragraph (a)(4)(i) of this section. The 
Cultivator Shoal Whiting Fishery Exemption Area (copies of a map 
depicting the area are available from the Regional Director upon 
request) is defined by straight lines connecting the following points 
in the order stated:

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

    (i) Requirements. (A) A vessel fishing in the Cultivator Shoal 
Whiting Fishery Exemption Area under this exemption must have a letter 
of authorization issued by the Regional Director on board and may not 
fish for, possess on board, or land any species of fish other than 
whiting, except for the following, with the restrictions noted, as 
allowable bycatch species: Longhorn sculpin; 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 200 lobsters, whichever is less.
    (B) All nets must comply with a minimum mesh size of 3-inch (7.62 
cm) square or diamond mesh applied to the first 160 meshes counted from 
the terminus of the net.
    (C) Fishing is confined to a season of June 15 through October 31, 
unless otherwise specified by notification in the Federal Register.
    (D) When transiting through the GOM/GB Regulated Mesh Area 
specified under paragraph (a)(1) of this section, any nets with a mesh 
size smaller than the minimum mesh size specified in paragraph (a)(2) 
of this section must be stowed in accordance with one of the methods 
specified in Sec. 648.23(b).
    (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 NEFMC shall conduct an annual review of 
data to determine if there are any changes in

[[Page 34997]]

area or season designation necessary, and to make appropriate 
recommendations to the Regional Director following the procedures 
specified in Sec. 648.90 of this part.
    (5) Stellwagen Bank/Jeffreys Ledge (SB/JL) Juvenile Protection 
Area. Except as provided in paragraphs (a)(3), (d), (e), and (h) 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 in Sec. 648.23(b) by a vessel fishing in the following 
area is 6-inch (15.24-cm) square or diamond 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 SB/JL Juvenile Protection Area (copies of a map depicting 
the area are available from the Regional Director upon request) is 
defined by straight lines connecting the following points in the order 
stated:

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


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

    (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) Transiting. (i) Vessels fishing in the Small Mesh Northern 
Shrimp Fishery Exemption Area and in Small Mesh Area 1/Small Mesh Area 
2, as specified in paragraphs (a) (3) and (8) 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 one of the methods 
specified in Sec. 648.23(b).
    (ii) Vessels subject to the minimum mesh size restrictions 
specified in paragraph (a)(2) of this section may transit through the 
Small Mesh Northern Shrimp Fishery Exemption Area defined in paragraph 
(a)(3) of this section with nets on board with a mesh size smaller than 
the minimum size specified, provided that the nets are stowed in 
accordance with one of the methods specified in Sec. 648.23(b), and 
provided the vessel has no fish on board.
    (iii) Vessels subject to the minimum mesh size restrictions 
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 a mesh size smaller than the minimum mesh size 
specified and with small mesh exempted species on board, provided that 
the following conditions are met:
    (A) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (a)(2) of this section are stowed in accordance 
with one of the methods specified in Sec. 648.23(b).
    (B) A letter of authorization issued by the Regional Director is on 
board.
    (C) Vessels do not fish for, possess on board, or land any fish, 
except when fishing in the areas specified in paragraphs (a)(4), 
(a)(9), (b), and (c) of this section. Vessels may retain exempted small 
mesh species as provided in paragraphs (a)(4)(i), (a)(9)(i), (b)(3), 
and (c)(3) of this section.
    (7) Addition or deletion of exemptions. (i) An exemption may be 
added in an existing fishery for which there are sufficient data or 
information to ascertain the amount of regulated species bycatch, if 
the Regional Director, after consultation with the NEFMC, determines 
that the percentage of regulated species caught as bycatch is, or can 
be reduced to, less than 5 percent, by weight, of total catch and that 
such exemption will not jeopardize fishing mortality objectives. In 
determining whether exempting a fishery may jeopardize meeting fishing 
mortality objectives, the Regional Director may take into consideration 
factors such as, but not limited to, juvenile mortality. A fishery can 
be defined, restricted, or allowed by area, gear, season, or other 
means determined to be appropriate to reduce bycatch of regulated 
species. An existing exemption may be deleted or modified if the 
Regional Director determines that the catch of regulated species is 
equal to or greater than 5 percent, by weight, of total catch, or that 
continuing the exemption may jeopardize meeting fishing mortality 
objectives. Notification of additions, deletions or modifications will 
be made through issuance of a rule in the Federal Register.
    (ii) The NEFMC may recommend to the Regional Director, through the 
framework procedure specified in Sec. 648.90(b), additions or deletions 
to exemptions for fisheries, either existing or proposed, for which 
there may be insufficient data or information for the Regional Director 
to determine, without

[[Page 34998]]

public comment, percentage catch of regulated species.
    (iii) The Regional Director may, using the process described in 
either paragraph (a)(7)(i) or (ii) of this section, authorize an 
exemption for a white hake fishery by vessels using regulated mesh or 
hook gear. Determination of the percentage of regulated species caught 
in such fishery shall not include white hake.
    (iv) Exempted fisheries authorized under this paragraph (a)(7) are 
subject, at minimum, to the following restrictions:
    (A) With the exception of fisheries authorized under paragraph 
(a)(7)(iii) of this section, a prohibition on the possession of 
regulated species.
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board.
    (C) A limit on the possession of lobsters of 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less.
    (D) A limit on the possession of skate or skate parts in the 
Southern New England regulated mesh area described in paragraph (a)(10) 
of this section of 10 percent, by weight, of all other species on 
board.
    (8) Small Mesh Area 1/Small Mesh Area 2. Vessels subject to the 
minimum mesh size restrictions specified in paragraph (a)(2) of this 
section may fish with or possess nets with a mesh size smaller than the 
minimum size specified from July 15 through October 31 when fishing in 
Small Mesh Area 1, and from January 1 through June 30 when fishing in 
Small Mesh Area 2. A vessel may not fish for, possess on board, or land 
any species of fish other than: Butterfish, dogfish, herring, mackerel, 
ocean pout, scup, squid, silver hake, and red hake, except for the 
following species, with the restrictions noted, as allowable bycatch 
species: Longhorn sculpin; 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 
200 lobsters, whichever is less. These areas are defined by straight 
lines connecting the following points in the order stated (copies of a 
map depicting these areas are available from the Regional Director upon 
request):

                                                Small Mesh Area 1                                               
----------------------------------------------------------------------------------------------------------------
                                                                                           Approximate Loran C  
                            Point                                N. Lat.      W. Long.           bearings       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
SM1..........................................................   43 deg.03'   70 deg.27'           13600    25910
SM2..........................................................   42 deg.57'   70 deg.22'           13600    25840
SM3..........................................................   42 deg.47'   70 deg.32'           13720    25840
SM4..........................................................   42 deg.45'   70 deg.29'           13710    25810
SM5..........................................................   42 deg.43'   70 deg.32'           (\1\)    25810
SM6..........................................................   42 deg.44'   70 deg.39'    13780           (\1\)
SM7..........................................................   42 deg.49'   70 deg.43'           13780    25910
SM8..........................................................   42 deg.50'   70 deg.41'           13760    25910
SM9..........................................................   42 deg.53'   70 deg.43'           13760    25935
SM10.........................................................   42 deg.55'   70 deg.40'    25935           (\1\)
SM11.........................................................   42 deg.59'   70 deg.32'           (\1\)    25910
SM1..........................................................   43 deg.03'   70 deg.27'           13600    25910
----------------------------------------------------------------------------------------------------------------
\1\ 3-mile line                                                                                                 


                                                Small Mesh Area 2                                               
----------------------------------------------------------------------------------------------------------------
                                                                                           Approximate Loran C  
                            Point                                N. Lat.      W. Long.           bearings       
----------------------------------------------------------------------------------------------------------------
SM13.........................................................  43 deg.20.3                                      
                                                                         '  69 deg.59.4                         
                                                                                      '           13320    44480
SM14.........................................................  43 deg.25.9                                      
                                                                         '  69 deg.45.6                         
                                                                                      '           13200    44480
SM15.........................................................  42 deg.49.5                                      
                                                                         '   69 deg.40'           13387.5  44298
SM16.........................................................  42 deg.41.5                                      
                                                                         '   69 deg.40'           13430    44260
SM17.........................................................  42 deg.34.9                                      
                                                                         '   70 deg.00'           13587    44260
SM13.........................................................  43 deg.20.3                                      
                                                                         '  69 deg.59.4                         
                                                                                      '           13320    44480
----------------------------------------------------------------------------------------------------------------

    (9) Nantucket Shoals dogfish fishery exemption area. Vessels 
subject to the minimum mesh size 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 the Nantucket Shoals Dogfish 
Fishery Exemption Area, if the vessel complies with the requirements 
specified in paragraph (a)(9)(i) of this section. The Nantucket Shoals 
Dogfish Fishery Exemption Area (copies of a map depicting this area are 
available from the Regional Director upon request) is defined by 
straight lines connecting the following points in the order stated:

                 Nantucket Shoals Dogfish Exemption Area                
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
NS1...........................................   41 deg.45'   70 deg.00'
NS2...........................................   41 deg.45'   69 deg.20'
NS3...........................................   41 deg.30'   69 deg.20'
Cl1...........................................   41 deg.30'   69 deg.23'
NS5...........................................  41 deg.26.5             
                                                          '   69 deg.20'
NS6...........................................   40 deg.50'   69 deg.20'
NS7...........................................   40 deg.50'   70 deg.00'
NS1...........................................   41 deg.45'   70 deg.00'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Nantucket Shoals 
Dogfish Fishery Exemption Area under the exemption must have on board a 
letter of authorization issued by the Regional Director and may not 
fish for, possess on board, or land any species of fish other than 
dogfish, except as provided under paragraph (a)(9)(i)(D) of this 
section.
    (B) Fishing is confined to June 1 through October 15.
    (C) When transitting the GOM/GB regulated mesh area, specified 
under paragraph (a)(1) of this section, any nets with a mesh size 
smaller than the

[[Page 34999]]

minimum mesh size specified in paragraph (a)(2) of this section must be 
stowed and unavailable for immediate use in accordance with 
Sec. 648.23(b).
    (D) The following species may be retained, with the restrictions 
noted, as allowable bycatch species in the Nantucket Shoals Dogfish 
Fishery Exemption Area: Longhorn sculpin; silver hake--up to two 
standard totes; monkfish and monkfish parts--up to 10 percent, by 
weight, of all other species on board; American lobster--up to 10 
percent, by weight, of all other species on board or 200 lobsters, 
whichever is less; and skate or skate parts--up to 10 percent, by 
weight, of all other species on board.
    (E) A vessel fishing in the Nantucket Shoals Dogfish Fishery 
Exemption Area under the exemption must comply with any additional gear 
restrictions specified in the letter of authorization issued by the 
Regional Director.
    (ii) Sea sampling. The Regional Director may 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.
    (b) Southern New England (SNE) Regulated Mesh Area--(1) Area 
definition. The SNE Regulated Mesh Area (copies of a map depicting this 
area are available from the Regional Director upon request) is that 
area:
    (i) bounded on the east by straight lines connecting the following 
points in the order stated:

                Southern New England Regulated Mesh Area                
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
G5............................................  41 deg.18.6             
                                                          '  66 deg.24.8
                                                                       '
G6............................................  40 deg.55.5             
                                                          '   66 deg.38'
G7............................................  40 deg.45.5             
                                                          '   68 deg.00'
G8............................................   40 deg.37'   68 deg.00'
G9............................................  40 deg.30.5             
                                                          '   69 deg.00'
NL3...........................................  40 deg.22.7             
                                                          '   69 deg.00'
NL2...........................................  40 deg.18.7             
                                                          '   69 deg.40'
NL1...........................................   40 deg.50'   69 deg.40'
G11...........................................   40 deg.50'   70 deg.00'
G12...........................................  ...........  \1\ 70 deg.
                                                                     00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland        
  Massachusetts.                                                        

    (ii) bounded on the west by the eastern boundary of the Mid-
Atlantic Regulated Mesh Area.
    (2) Gear restrictions--(i) Minimum mesh size. Except as provided in 
paragraphs (b)(2) (iii) and (i) of this section, and unless otherwise 
restricted under paragraph (b)(2)(ii) of this section, the minimum mesh 
size for any trawl net, sink gillnet, Scottish seine, purse seine or 
midwater trawl, not stowed and not unavailable in use or available for 
immediate use in accordance with Sec. 648.23(b) by a vessel fishing 
under a DAS in the multispecies DAS program in the SNE regulated mesh 
area, is 6-inch (15.24-cm) square or diamond mesh throughout the entire 
net. This restriction does not apply to vessels that have not been 
issued a multispecies permit and that are fishing exclusively in state 
waters.
    (ii) Large Mesh vessels. When fishing in the SNE regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond 
mesh throughout the entire net. The minimum mesh size for any trawl net 
on a vessel or used by a vessel fishing under a DAS in the Large Mesh 
DAS program is 8-inch (20.32-cm) diamond 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 ft\2\ (0.81 m\2\)), or to vessels 
that have not been issued a multispecies permit and that are fishing 
exclusively in state waters.
    (iii) Other gear and mesh exemptions. The minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine 
in use or available for immediate use, as described under 
Sec. 648.23(b), by a vessel when not fishing under the NE multispecies 
DAS program and when fishing in the SNE regulated mesh area is 
specified under the exemptions set forth in paragraphs (b)(3), (c), 
(e), (h), and (i) of this section. Vessels that are not fishing in one 
of these exemption programs, with exempted gear (as defined under this 
part), or under the scallop state waters exemption specified in 
Sec. 648.54, or under a NE multispecies DAS, are prohibited from 
fishing in the SNE regulated mesh area.
    (3) Exemptions--(i) Species exemptions. Vessels subject to the 
minimum mesh size restrictions specified in paragraph (b)(2) of this 
section may fish for, harvest, possess, or land butterfish, dogfish, 
herring, mackerel, ocean pout, scup, shrimp, squid, summer flounder, 
silver hake, and weakfish with nets with a mesh size smaller than the 
minimum size specified in the SNE Regulated Mesh Area, provided such 
vessels comply with the requirements specified in paragraph (b)(3)(ii) 
of this section.
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than 
the minimum size specified in paragraph (b)(2)(i) of this section, 
provided that such nets are stowed and are not available for immediate 
use in accordance with Sec. 648.23(b), and provided that regulated 
species were not harvested by nets of mesh size smaller than the 
minimum mesh size specified in paragraph (b)(2)(i) of this section. 
Vessels fishing for the exempted species identified in paragraph 
(b)(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; searobins; black sea bass; red hake; 
tautog (blackfish); blowfish; cunner; John Dory; mullet; bluefish; 
tilefish; longhorn sculpin; fourspot flounder; alewife; hickory shad; 
American shad; blueback herring; sea ravens; Atlantic croaker; spot; 
swordfish; monkfish and monkfish parts--up to 10 percent, by weight, of 
all other species on board; American lobster--up to 10 percent, by 
weight, of all other species on board or 200 lobsters, whichever is 
less; and skate and skate parts--up to 10 percent, by weight, of all 
other species on board.
    (4) Addition or deletion of exemptions. Same as paragraph (a)(7) of 
this section.
    (c) Mid-Atlantic (MA) Regulated Mesh Area--(1) Area definition. The 
MA Regulated Mesh Area (copies of a map depicting this area are 
available from the Regional Director upon request) is that area bounded 
on the east by a line running from the Rhode Island shoreline along 
71 deg.47.5' W. long. to its intersection with the 3-nm line, south 
along the 3-nm line to Montauk Point, southwesterly along the 3-nm line 
to the intersection of 72 deg.30' W. long., and south along that line 
to the intersection of the outer boundary of the EEZ.
    (2) Gear restrictions--(i) Minimum mesh size. Except as provided in 
paragraphs (c)(3) and (i) of this section, and unless otherwise 
restricted under paragraph (c)(2)(ii) of this section, the minimum mesh 
size for any trawl net, sink gillnet, Scottish seine, purse seine or 
midwater trawl not stowed or not unavailable for immediate use as 
described in Sec. 648.23(b), by a vessel fishing under a DAS in the NE 
multispecies DAS program in the MA Regulated Mesh Area shall be that 
specified at Sec. 648.104(a). This restriction does not apply to 
vessels that have not been issued a multispecies permit and that are 
fishing exclusively in state waters.
    (ii) Large mesh vessels. When fishing in the MA Regulated Mesh 
Area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond 
mesh throughout the entire net. The minimum

[[Page 35000]]

mesh size for any trawl net on a vessel, or used by a vessel, fishing 
under a DAS in the Large Mesh DAS program is 8-inch (20.32-cm) diamond 
mesh throughout the 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 ft\2\ (0.81 
m\2\)), or to vessels that have not been issued a multispecies permit 
and that are fishing exclusively in state waters.
    (3) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (c)(2)(i) of this section, provided that such 
nets are stowed and are not available for immediate use in accordance 
with Sec. 648.23(b), and provided that regulated species were not 
harvested by nets of mesh size smaller than the minimum mesh size 
specified in paragraph (c)(2)(i) of this section.
    (4) Additional exemptions. The Regional Director may, using the 
process described in either paragraph (a)(7) (i) or (ii) of this 
section, authorize an exemption for a white hake fishery by vessels 
using regulated mesh or hook gear. Determination of the percentage of 
regulated species caught in such a fishery shall not include white 
hake.
    (d) Midwater trawl gear exemption. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the applicable minimum size specified in this section, provided 
that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB and SB/JL 
Areas, the vessel has on board a letter of authorization issued by the 
Regional Director;
    (3) 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; and
    (4) The vessel does not fish for, possess, or land NE multispecies.
    (e) Purse seine gear exemption. Fishing may take place throughout 
the fishing year with purse seine gear of mesh size smaller than the 
applicable minimum size specified in this section, provided that:
    (1) The vessel uses purse seine gear exclusively;
    (2) When fishing under this exemption in the GOM/GB and SB/JL 
areas, the vessel has on board an authorizing letter issued by the 
Regional Director;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden; and
    (4) The vessel does not fish for, possess, or land NE multispecies.
    (f) Mesh measurements--(1) Gillnets. Beginning October 15, 1996, 
mesh size of gillnet gear shall be measured by lining up five 
consecutive knots perpendicular to the float line and, with a ruler or 
tape measure, measuring ten consecutive measures on the diamond, inside 
knot to inside knot. The mesh shall be the average of the measurements 
of ten consecutive measures.
    (2) All other nets. With the exception of gillnets, mesh size shall 
be measured by a wedged-shaped gauge having a taper of 2 cm in 8 cm and 
a thickness of 2.3 mm, inserted into the meshes under a pressure or 
pull of 5 kg.
    (i) Square-mesh measurement. Square mesh in the regulated portion 
of the net is measured by placing the net gauge along the diagonal line 
that connects the largest opening between opposite corners of the 
square. The square mesh size is the average of the measurements of 20 
consecutive adjacent meshes from the terminus forward along the long 
axis of the net. The square mesh is measured at least five meshes away 
from the lacings of the net.
    (ii) Diamond-mesh measurement. Diamond mesh in the regulated 
portion of the net is measured running parallel to the long axis of the 
net. The mesh size is the average of the measurements of any series of 
20 consecutive meshes. The mesh is measured at least five meshes away 
from the lacings of the net.
    (g) Restrictions on gear and methods of fishing--(1) Net 
obstruction or constriction. A fishing vessel shall not use any device 
or material, including, but not limited to, nets, net strengtheners, 
ropes, lines, or chafing gear, on the top of a trawl net, except that 
one splitting strap and one bull rope (if present), consisting of line 
and rope no more than 3 inches (7.62 cm) in diameter, may be used if 
such splitting strap and/or bull rope does not constrict in any manner 
the top of the trawl net. ``The top of the trawl net'' means the 50 
percent of the net that (in a hypothetical situation) would not be in 
contact with the ocean bottom during a tow if the net were laid flat on 
the ocean floor. For the purpose of this paragraph (g)(1), head ropes 
are not considered part of the top of the trawl net.
    (2) Mesh obstruction or constriction. (i) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (g)(1) of this section, if 
it obstructs the meshes of the net in any manner.
    (ii) A fishing vessel may not use a net capable of catching 
multispecies if the bars entering or exiting the knots twist around 
each other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling.
    (h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a multispecies combination vessel permit or a scallop 
multispecies possession limit permit, and that is fishing under a 
scallop DAS allocated under Sec. 648.53, may possess and land up to 300 
lb (136.1 kg) of regulated species, provided it has at least one 
standard tote on board, unless otherwise restricted by 
Sec. 648.86(a)(2).
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restrictions specified in Sec. 648.80 and may 
possess and land unlimited amounts of regulated species. Such vessels 
may simultaneously fish under a scallop DAS.
    (i) State waters winter flounder exemption. Any vessel issued a 
multispecies permit may fish for, possess, or land winter flounder 
while fishing with nets of mesh smaller than the minimum size specified 
in paragraphs (a)(2), (b)(2), and (c)(2) of this section, 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 
Commission as being in compliance with the Commission's 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, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8

[[Page 35001]]

kg) of winter flounder, and has at least one standard tote on board.
    (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 paragraphs (a)(3)(i), (a)(8)(iii), (b)(3), and (c)(3) 
of this section when fishing in the areas specified under paragraphs 
(a)(3), (a)(8), (b)(1), and (c)(1) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters may also possess and retain skate as incidental take in this 
fishery.
    (9) The vessel complies with all other applicable requirements.


Sec. 648.81  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 
(copies of a map depicting this area are available from the Regional 
Director upon request), 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:

                              Closed Area I                             
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
CI1...........................................   41 deg.30'   69 deg.23'
CI2...........................................   40 deg.45'   68 deg.45'
CI3...........................................   40 deg.45'   68 deg.30'
CI4...........................................   41 deg.30'   68 deg.30'
CI1...........................................   41 deg.30'   69 deg.23'
------------------------------------------------------------------------

    (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, and that have 
no other gear on board capable of catching NE multispecies; or
    (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 NE 
multispecies.
    (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 
(copies of a map depicting this area is available from the Regional 
Director upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraph 
(b)(2) of this section:

                             Closed Area II                             
------------------------------------------------------------------------
          Point                  N. Lat.                 W. Long.       
------------------------------------------------------------------------
ClI1....................  41 deg.00'             67 deg.20'             
ClI2....................  41 deg.00'             66 deg.35.8'           
G5......................  41 deg.18.6'           66 deg.24.8' (the U.S.-
                                                  Canada Maritime       
                                                  Boundary)             
ClI3....................  42 deg.22'             67 deg.20' (the U.S.-  
                                                  Canada Maritime       
                                                  Boundary)             
ClI1....................  41 deg.00'             67 deg.20'             
------------------------------------------------------------------------

    (2) Paragraph (b)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels fishing with gears as in paragraph 
(a)(2) (i) or (ii) of this section, or that are transitting the area, 
provided--
    (i) The operator has determined that there is a compelling safety 
reason; and
    (ii) The vessel's fishing gear is stowed in accordance with the 
requirements of 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 (copies of a map depicting this 
area are available from the Regional Director upon request), 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:

                     Nantucket Lightship Closed Area                    
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
G10...........................................   40 deg.50'   69 deg.00'
CN1...........................................   40 deg.20'   69 deg.00'
CN2...........................................   40 deg.20'   70 deg.20'
CN3...........................................   40 deg.50'   70 deg.20'
G10...........................................   40 deg.50'   69 deg.00'
------------------------------------------------------------------------


    (2) Paragraph (c)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels--
    (i) Fishing with gear as in paragraph (a)(2) (i) or (ii) of this 
section;
    (ii) Fishing with or using dredge gear designed and used to take 
surf clams or ocean quahogs, and that have no other gear on board 
capable of catching NE multispecies; or
    (iii) Classified as charter, party or recreational vessel, provided 
that--
    (A) If the vessel is a party or charter vessel, it has a letter of 
authorization 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) The vessel has no gear other than rod and reel or handline gear 
on board.
    (d) Transitting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the NE Closure Area, the Mid-coast Closure Area, 
and the Massachusetts Bay Closure Area, as defined in paragraphs 
(a)(1), (c)(1), (f)(1), (g)(1), and (h)(1), respectively, of this 
section, provided that their gear is stowed in accordance with the 
provisions of paragraph (e) of this section.
    (e) Gear stowage requirements. Vessels transitting the closed areas 
must stow their gear as follows:
    (1) Nets. In accordance with one of the methods specified in 
Sec. 648.23(b) and capable of being shown not to have been in recent 
use.
    (2) Scallop dredges. The towing wire is detached from the scallop 
dredge, the towing wire is reeled up onto the winch, and the dredge is 
secured and covered so that it is rendered unusable for fishing.
    (3) Hook gear (other than pelagic). All anchors and buoys are 
secured and all hook gear, including jigging machines, is covered.
    (4) Sink gillnet gear. All nets are covered with canvas or other 
similar material and lashed or otherwise securely fastened to the deck 
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, 
high flyers, and anchors are disconnected.
    (f) NE Closure Area. (1) From August 15 through September 13, no 
fishing vessel or person on a fishing vessel may enter, fish, or be, 
and no fishing gear capable of catching NE multispecies, unless 
otherwise allowed in this part may be, in the area known as the NE 
Closure Area (copies of a map depicting this area are available from 
the Regional Director upon request), as defined by straight lines 
connecting the following points in the order stated, except as 
specified in paragraphs (d) and (f)(2) of this section:

                         Northeast Closure Area                         
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
NE1...........................................        (\1\)  68 deg.55.0
                                                                       '
NE2...........................................  43 deg.29.6             
                                                          '  68 deg.55.0
                                                                       '
NE3...........................................  44 deg.04.4             
                                                          '  67 deg.48.7
                                                                       '
NE4...........................................  44 deg.06.9             
                                                          '  67 deg.52.8
                                                                       '
NE5...........................................  44 deg.31.2             
                                                          '  67 deg.02.7
                                                                       '
NE6...........................................        (\1\)  67 deg.02.7
                                                                      ' 
------------------------------------------------------------------------
\1\ Maine shoreline.                                                    

    (2) Paragraph (f)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) That have not been issued a multispecies permit and that are 
fishing exclusively in state waters;

[[Page 35002]]

    (ii) That are fishing with or using exempted gear as defined under 
this part, excluding midwater trawl gear, provided that there is no 
other gear on board capable of catching NE multispecies; or
    (iii) That are classified as charter, party, or recreational.
    (g) Mid-coast Closure Area. (1) From November 1 through December 
31, no fishing vessel or person on a fishing vessel may enter, fish, or 
be, and no fishing gear capable of catching multispecies, unless 
otherwise allowed in this part, may be in the area known as the Mid-
coast Closure Area, as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(d) and (g)(2) of this section (copies of a map depicting this area are 
available from the Regional Director upon request):

                         Mid-Coast Closure Area                         
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
MC1...........................................   42 deg.30'        (\1\)
MC2...........................................   42 deg.30'   70 deg.15'
MC3...........................................   42 deg.40'   70 deg.15'
MC4...........................................   42 deg.40'   70 deg.00'
MC5...........................................   43 deg.00'   70 deg.00'
MC6...........................................   43 deg.00'   69 deg.30'
MC7...........................................   43 deg.15'   69 deg.30'
MC8...........................................   43 deg.15'   69 deg.00'
MC9...........................................        (\2\)  69 deg.00'W
                                                                        
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Maine shoreline.                                                    

    (2) Paragraph (g)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(i), (ii), or (iii) of this section.
    (h) Massachusetts Bay Closure Area. (1) During the period March 1 
through March 30, no fishing vessel or person on a fishing vessel may 
enter, fish, or be in; and no fishing gear capable of catching NE 
multispecies, unless otherwise allowed in this part, may be in the area 
known as the Massachusetts Bay Closure Area (copies of a map depicting 
this area are available from the Regional Director upon request), as 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraphs (d) and (h)(2) of this 
section:

                     Massachusetts Bay Closure Area                     
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
MB1...........................................   42 deg.30'        (\1\)
MB2...........................................   42 deg.30'   70 deg.30'
MB3...........................................   42 deg.12'   70 deg.30'
MB4...........................................   42 deg.12'   70 deg.00'
MB5...........................................        (\2\)   70 deg.00'
MB6...........................................   42 deg.00'        (\2\)
MB7...........................................   42 deg.00'        (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Cape Cod shoreline.                                                 

    (2) Paragraph (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(i), (ii), or (iii) of this section.


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

    (a) General. A vessel issued an limited access multispecies permit 
may not fish for, possess, or land regulated species, except during a 
DAS as allocated under and in accordance with the applicable DAS 
program described in this section, unless otherwise provided in these 
regulations.
    (b) DAS program--permit categories, allocations and initial 
assignments to categories. Beginning with the 1996 fishing year, all 
limited access multispecies permit holders shall be assigned to one of 
the following DAS permit categories according to the criteria 
specified. Permit holders may request a change in permit category for 
the 1996 fishing year and all fishing years thereafter, as specified in 
Sec. 648.4(a)(1)(i)(I)(2). Each fishing year shall begin on May 1 and 
extend through April 30 of the following year.
    (1) Individual DAS category--(i) DAS allocation. A vessel fishing 
under the individual DAS category shall be allocated 65 percent of its 
initial 1994 allocation baseline, as established under Amendment 5 to 
the NE Multispecies FMP, for the 1996 fishing year and 50 percent of 
its initial allocation baseline for the 1997 fishing year and beyond, 
as calculated under paragraph (d)(1) of this section.
    (ii) Initial assignment. Any vessel issued a valid limited access 
multispecies individual DAS permit, including any vessel also issued a 
limited access multispecies gillnet permit, as of July 1, 1996, shall 
be initially assigned to the individual DAS category.
    (2) Fleet DAS category--(i) DAS allocation. A vessel fishing under 
the fleet DAS category shall be allocated 116 DAS (139 DAS multiplied 
by the proration factor of 0.83) for the 1996 fishing year and 88 DAS 
for the 1997 fishing year and beyond.
    (ii) Initial assignment. Any vessel issued a valid fleet DAS 
permit, including any vessel also issued a limited access multispecies 
gillnet permit; limited access multispecies hook-gear permit; limited 
access multispecies gillnet permit that has not also been issued a DAS 
permit; or a limited access multispecies small vessel (less than or 
equal to 45 ft (13.7 m)) permit and that is larger than 20 ft (6.1 m) 
in length as determined by its most recent permit application, as of 
July 1, 1996, shall be initially assigned to the fleet DAS category.
    (3) Small vessel category--(i) DAS allocation. A vessel qualified 
and electing to fish under the small vessel category may retain cod, 
haddock, and yellowtail flounder, combined up to 300 lb (136.1 kg) per 
trip without being subject to DAS restrictions. Such a vessel is not 
subject to a possession limit for other NE multispecies.
    (ii) Initial assignment. A vessel issued a valid limited access 
multispecies permit and fishing under the small vessel category (less 
than or equal to 45 ft (13.7 m)) permit as of July 1, 1996, and that is 
20 ft (6.1 m) or less in length as determined by the vessel's last 
application for a permit, shall be initially assigned to the small 
vessel category. Any other vessel may elect to switch into this 
category, as provided for in Sec. 648.4(a)(1)(i)(I)(2), if such vessel 
meets or complies with the following:
    (A) The vessel is 30 ft (9.1 m) or less in length overall as 
determined by measuring 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) If construction of the vessel was begun after May 1, 1994, the 
vessel must be constructed such that the quotient of the overall length 
divided by the beam is not less than 2.5.
    (C) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be USCG documentation or state registration papers. For 
vessels over 20 ft (6.1 m) in length, the measurement of length must be 
verified in writing by a qualified marine surveyor, or the builder, 
based on the vessel's construction plans, or by other means determined 
acceptable by the Regional Director. A copy of the verification must 
accompany an application for a multispecies permit.
    (D) Adjustments to the small vessel category requirements, 
including changes to the length requirement, if required to meet 
fishing mortality goals, may be made by the Regional Director following 
framework procedures of Sec. 648.90.
    (4) Hook-gear category--(i) DAS allocation. Any vessel issued a 
valid limited access multispecies hook-gear

[[Page 35003]]

permit shall be allocated 116 DAS (139 DAS multiplied by the proration 
factor of 0.83) for the 1996 fishing year and 88 DAS for the 1997 
fishing year, and beyond. A vessel fishing under this category in the 
DAS program must meet or comply with the following while fishing for, 
in possession of, or landing, regulated species:
    (A) Vessels, and persons on such vessels, are prohibited from 
possessing gear other than hook gear on board the vessel.
    (B) Vessels, and persons on such vessels, are prohibited from 
fishing, setting, or hauling back, per day, or possessing on board the 
vessel, more than 4,500 rigged hooks. An unbaited hook and gangion that 
has not been secured to the ground line of the trawl on board a vessel 
is deemed to be a replacement hook and is not counted toward the 4,500-
hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it 
is not rigged or baited.
    (ii) Initial assignment. No vessel shall be initially assigned to 
the hook-gear category. Any vessel that meets the qualifications 
specified in Sec. 648.4(a)(1)(ii) may apply for and obtain a permit to 
fish under this category.
    (5) Combination vessel category--(i) DAS allocation. A vessel 
fishing under the combination vessel category shall be allocated 65 
percent of its initial 1994 allocation baseline, as established under 
Amendment 5 to the FMP, for the 1996 fishing year and 50 percent of its 
initial allocation baseline for the 1997 fishing year and beyond, as 
calculated under paragraph (d)(1) of this section.
    (ii) Initial assignment. A vessel issued a valid limited access 
multispecies permit qualified to fish as a combination vessel as of 
July 1, 1996, shall be assigned to the combination vessel category.
    (6) Large Mesh Individual DAS category--(i) DAS allocation. A 
vessel fishing under the large mesh individual DAS category shall be 
allocated a DAS increase of 12 percent in year one and of 36 percent in 
year two beyond the DAS allocations specified in paragraph (b)(1)(i) of 
this section (this includes the proration factor for 1996). To be 
eligible to fish under the large mesh individual DAS category, a vessel 
while fishing under this category must fish with gillnet gear with a 
minimum mesh size of 7-inch (17.78-cm) diamond mesh or with trawl gear 
with a minimum mesh size of 8-inch (20.32-cm) diamond mesh, as 
described under Sec. 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the large mesh individual DAS category. Any vessel that is initially 
assigned to the individual DAS, fleet DAS, or small vessel category may 
request and be granted a switch into this category as specified in 
Sec. 648.4(a)(1)(i)(I)(2).
    (7) Large Mesh Fleet DAS category--(i) DAS allocation. A vessel 
fishing under the large mesh fleet DAS category shall be allocated 129 
DAS (155 DAS multiplied by the proration factor of 0.83) for the 1996 
fishing year and 120 DAS for the 1997 fishing year, and beyond. To be 
eligible to fish under the large mesh fleet DAS category, a vessel 
while fishing under this category must fish with gillnet gear with a 
minimum mesh size of 7-inch (17.78-cm) diamond mesh or with trawl gear 
with a minimum mesh size of 8-inch (20.32-cm) diamond mesh, as 
described under Sec. 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the large mesh fleet DAS category. Any vessel that is initially 
assigned to the individual DAS, fleet DAS, or small vessel category may 
request and be granted a switch into this category as specified in 
Sec. 648.4(a)(1)(i)(I)(2).
    (c) 1996 DAS appeals. (1) Previously exempted vessels. A vessel 
that was issued a valid 1995 limited access multispecies permit, and 
that has been fishing under the small vessel (less than or equal to 45 
ft (13.7 m)), hook-gear, or gillnet categories, is eligible to appeal 
its allocation of DAS, if it has not previously done so, as described 
under paragraph (d)(2) of this section. Each vessel's initial 
allocation of DAS will be considered to be 176 DAS for purposes of this 
appeal (i.e., the fleet DAS category baseline prior to the 1996-1997 
reductions).
    (2) Exempted gillnet vessels that held an individual DAS permit. A 
vessel that was issued a valid 1995 limited access multispecies permit 
and that has been fishing under both the gillnet and individual DAS 
categories, is eligible to appeal its allocation of gillnet DAS, as 
described under paragraph (d)(2) of this section. Each vessel's initial 
allocation of DAS will be considered to be 176 DAS for purposes of this 
appeal (i.e., the fleet DAS category baseline prior to the 1996-1997 
reductions).
    (d) Individual DAS allocations--(1) Calculation of a vessel's 
individual DAS. The DAS assigned to a vessel for purposes of 
determining that vessel's annual allocation under the individual DAS 
program is calculated as follows:
    (i) Count the total number of the vessel's NE multispecies DAS for 
the years 1988, 1989, and 1990. NE multispecies DAS are deemed to be 
the total number of days the vessel was absent from port for a trip 
where greater than 10 percent of the vessel's total landings were 
comprised of regulated species, minus any days for such trips in which 
a scallop dredge was used;
    (ii) Exclude the year of least NE multispecies DAS; and
    (iii) If 2 years of multispecies DAS are remaining, average those 
years' DAS; or
    (iv) If only 1 year remains, use that year's DAS.
    (2) Appeal of DAS allocation. (i) Initial allocations of individual 
DAS to those vessels authorized to appeal under paragraph (c) of this 
section may be appealed to the Regional Director if a request to appeal 
is received by the Regional Director no later than July 31, 1996, or 30 
days after the initial allocation is made, whichever is later. Any such 
appeal must be in writing and be based on one or more of the following 
grounds:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data.
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria.
    (C) The applicant has new or additional information.
    (ii) The Regional Director will appoint a designee who will make an 
initial decision on the written appeal.
    (iii) If the applicant is not satisfied with the initial decision, 
the applicant may request that the appeal be presented at a hearing 
before an officer appointed by the Regional Director.
    (iv) The hearing officer shall present his/her findings to the 
Regional Director and the Regional Director will make a decision on the 
appeal. The Regional Director's decision on this appeal is the final 
administrative decision of the Department of Commerce.
    (3) Status of vessels pending appeal of DAS allocations. While a 
vessel's individual DAS allocation is under appeal, the vessel may fish 
under the fleet DAS category until the Regional Director has made a 
final determination on the appeal. Any DAS spent fishing for regulated 
species by a vessel while that vessel's initial DAS allocation is under 
appeal, shall be counted against any DAS allocation that the vessel may 
ultimately receive.
    (e) Accrual of DAS. Same as Sec. 648.53(e).
    (f) Good Samaritan credit. Same as Sec. 648.53(f).
    (g) Spawning season restrictions. A vessel issued a valid small 
vessel permit under paragraph (b)(3) of this section may not fish for, 
possess, or land regulated species from March 1 through March 20 of 
each year. Any other vessel issued a limited access multispecies permit 
must declare out and be out of

[[Page 35004]]

the regulated NE multispecies for a 20-day period between March 1 and 
May 31 of each fishing year using the notification requirements 
specified in Sec. 648.10. If a vessel owner has not declared and been 
out for a 20-day period between March 1 and May 31 of each fishing year 
on or before May 12 of each such year, the vessel is prohibited from 
fishing for, possessing or landing any regulated species after May 11 
of such year for the number of days needed to fulfill the 20-day 
requirement.
    (h) Declaring DAS and 20-day blocks. A vessel's owner or authorized 
representative shall notify the Regional Director of a vessel's 
participation in the DAS program and declaration of its 20-day out 
period of the NE multispecies fishery, using the notification 
requirements specified in Sec. 648.10.
    (i) Adjustments in annual DAS allocations. Adjustments in annual 
DAS allocations, if required to meet fishing mortality goals, may be 
made by the Regional Director following the framework procedures of 
Sec. 648.90.


Sec. 648.83  Minimum fish sizes.

    (a) Minimum fish sizes. (1) Minimum fish sizes for recreational 
vessels and charter/party vessels that are not fishing under a NE 
multispecies DAS are specified in Sec. 648.89. All other vessels are 
subject to the following minimum fish sizes (TL):

                         Minimum Fish Sizes (TL)                        
------------------------------------------------------------------------
                         Species                           Size (Inches)
------------------------------------------------------------------------
Cod.....................................................    19 (48.3 cm)
Haddock.................................................    19 (48.3 cm)
Pollock.................................................    19 (48.3 cm)
Witch flounder (gray sole)..............................    14 (35.6 cm)
Yellowtail flounder.....................................    13 (33.0 cm)
American plaice (dab)...................................    14 (35.6 cm)
Winter flounder (blackback).............................   12 (30.48 cm)
Redfish.................................................     9 (22.9 cm)
------------------------------------------------------------------------

    (2) 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 (b) 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.
    (b) Exceptions. (1) Each person aboard a vessel issued a limited 
access permit and fishing under the DAS program may possess up to 25 lb 
(11.3 kg) of fillets that measure less than the minimum size, if such 
fillets are from legal-sized fish and are not offered or intended for 
sale, trade, or barter.
    (2) Recreational, party, and charter vessels may possess fillets 
less than the minimum size specified, if the fillets are taken from 
legal-sized fish and are not offered or intended for sale, trade or 
barter.
    (c) Adjustments. (1) At any time when information is available, the 
NEFMC will review the best available mesh selectivity information to 
determine the appropriate minimum size for the species listed in 
paragraph (a) of this section, except winter flounder, according to the 
length at which 25 percent of the regulated species would be retained 
by the applicable minimum mesh size.
    (2) Upon determination of the appropriate minimum sizes, the NEFMC 
shall propose the minimum fish sizes to be implemented following the 
procedures specified in Sec. 648.90.
    (3) Additional adjustments or changes to the minimum fish sizes 
specified in paragraph (a) of this section, and exemptions as specified 
in paragraph (b) of this section, may be made at any time after 
implementation of the final rule as specified under Sec. 648.90.


Sec. 648.84  Gear-marking requirements and gear restrictions.

    (a) Bottom-tending fixed gear, including, but not limited to 
gillnets and longlines, designed for, capable of, or fishing for NE 
multispecies must have the name of the owner or vessel, or the official 
number of that vessel permanently affixed to any buoys, gillnets, 
longlines, or other appropriate gear so that the name of the owner or 
vessel or official number of the vessel is visible on the surface of 
the water.
    (b) Bottom-tending fixed gear, including, but not limited to 
gillnets or longline gear, must be marked so that the westernmost end 
(measuring the half compass circle from magnetic south through west to, 
and including, north) of the gear displays a standard 12-inch (30.5-cm) 
tetrahedral corner radar reflector and a pennant positioned on a staff 
at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the 
half compass circle from magnetic north through east to, and including, 
south) of the gear need display only the standard 12-inch (30.5-cm) 
tetrahedral radar reflector positioned in the same way.
    (c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) 
between the end buoys.
    (d) In the GOM/GB regulated mesh area specified in Sec. 648.80(a), 
gillnet gear set in an irregular pattern or in any way that deviates 
more than 30 deg. from the original course of the set must be marked at 
the extremity of the deviation with an additional marker, which must 
display two or more visible streamers and may either be attached to or 
independent of the gear.


Sec. 648.85  Flexible Area Action System.

    (a) The Chair of the Multispecies Oversight Committee, upon 
learning of the presence of discard problems associated with large 
concentrations of juvenile, sublegal, or spawning multispecies, shall 
determine if the situation warrants further investigation and possible 
action. In making this determination, the Committee Chair shall 
consider the amount of discard of regulated species, the species 
targeted, the number and types of vessels operating in the area, the 
location and size of the area, and the resource condition of the 
impacted species. If he/she determines it is necessary, the Committee 
Chair will request the Regional Director to initiate a fact finding 
investigation to verify the situation and publish notification in the 
Federal Register requesting public comments in accordance with the 
procedures therefor in Amendment 3 to the NE Multispecies FMP.
    (b) After examining the facts, the Regional Director shall, within 
the deadlines specified in Amendment 3, provide the technical analysis 
required by Amendment 3.
    (c) The NEFMC shall prepare an economic impact analysis of the 
potential management options under consideration within the deadlines 
specified in Amendment 3.
    (d) Copies of the analysis and reports prepared by the Regional 
Director and the NEFMC shall be made available for public review at the 
NEFMC's office and the Committee shall hold a meeting/public hearing, 
at which time it shall review the analysis and reports and request 
public comments. Upon review of all available sources of information, 
the Committee shall determine what course of action is warranted by the 
facts and make a recommendation, consistent with the provisions of 
Amendment 3 to the Regional Director.
    (e) By the deadline set in Amendment 3 the Regional Director shall 
either accept or reject the Committee's recommendation. If the 
recommended action is consistent with the record established by the 
fact-finding report, impact analysis, and comments received at the 
public hearing, he/she shall accept the Committee's recommendation and 
implement it through notification in the Federal Register and by notice 
sent to all vessel owners holding multispecies permits. The Regional 
Director shall also use

[[Page 35005]]

other appropriate media, including, but not limited to, mailings to the 
news media, fishing industry associations and radio broadcasts, to 
disseminate information on the action to be implemented.
    (f) Once implemented, the Regional Director shall monitor the 
affected area to determine if the action is still warranted. If the 
Regional Director determines that the circumstances under which the 
action was taken, based on the Regional Director's report, the NEFMC's 
report, and the public comments, are no longer in existence, he/she 
shall terminate the action by notification in the Federal Register.
    (g) Actions taken under this section will ordinarily become 
effective upon the date of filing with the Office of the Federal 
Register. The Regional Director may determine that facts warrant a 
delayed effective date.


Sec. 648.86  Possession restrictions.

    (a) Haddock--(1) NE multispecies DAS vessels. A vessel issued a 
limited access multispecies permit that is fishing under a NE 
multispecies DAS may land or possess on board up to 1,000 lb (453.6 kg) 
of haddock provided it has at least one standard tote on board. Haddock 
on board a vessel subject to this possession limit must be separated 
from other species of fish and stored so as to be readily available for 
inspection.
    (2) Scallop dredge vessels. (i) No person owning or operating a 
scallop dredge vessel issued a multispecies permit 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 without 
a multispecies permit may possess haddock in, or harvested from, the 
EEZ, from January 1 through June 30.
    (iii) From July 1 through December 31, scallop dredge vessel or 
persons owning or operating a scallop dredge vessel that is fishing 
under a scallop DAS allocated under Sec. 648.53 may land or possess on 
board up to 300 lb (136.1 kg) of haddock provided the vessel has at 
least one standard tote on board. Haddock on board a vessel subject to 
this possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (b) Winter flounder. A vessel issued a limited access multispecies 
permit that is fishing in the MA regulated mesh area and is not fishing 
under a NE multispecies DAS, may land, or possess on board, winter 
flounder up to 10 percent, by weight, of all other species on board, or 
200 lb (90.7 kg), whichever is less. Winter flounder on board a vessel 
subject to this possession limit must be separated from other species 
of fish and stored so as to be readily available for inspection in 
standard totes.
    (c) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.


Sec. 648.87  Sink gillnet requirements to reduce harbor porpoise takes.

    (a) Areas closed to sink gillnets. Section 648.81(f) through (h) 
sets forth closed area restrictions to reduce the take of harbor 
porpoise consistent with the harbor porpoise mortality reduction goals.
    (b) Additional areas 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 the requirements of Sec. 648.23(b), a sink 
gillnet in the EEZ portion of the areas and for the times specified in 
paragraphs (b)(1) and (2) of this section, and all persons owning or 
operating vessels issued a limited access multispecies permit 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 
the requirements of Sec. 648.23(b), a sink gillnet in the EEZ portion 
of the areas and for the times specified in paragraphs (b)(1) and (2) 
of this section.
    (1) Mid-coast Closure Area. From March 25 through April 25 of each 
fishing year, the restrictions and requirements specified in paragraph 
(a)(2) of this section apply to the Mid-coast Closure area, as defined 
under Sec. 648.81(g)(1).
    (2) Cape Cod South Area Closure. From March 1 through March 10 of 
each fishing year, the restrictions and requirements specified under 
paragraph (a)(2) of this section shall apply to the area known as the 
Cape Cod South Closure Area (copies of a map depicting this area are 
available from the Regional Director upon request), which is the area 
bounded by straight lines connecting the following points in the order 
stated.

                       Cape Cod South Closure Area                      
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
CCS1..........................................        (\1\)   71 deg.45'
                                                                       W
CCS2..........................................   40 deg.40'             
                                                          N   71 deg.45'
                                                                       W
CCS3..........................................   40 deg.40'             
                                                          N   70 deg.30'
                                                                       W
CCS4..........................................        (\2\)   70 deg.30'
                                                                      W 
------------------------------------------------------------------------
\1\ RI shoreline.                                                       
\2\ MA shoreline.                                                       

    (c) Framework adjustment. (1) At least annually, the Regional 
Director will provide the NEFMC with the best available information on 
the status of Gulf of Maine harbor porpoise, including estimates of 
abundance and estimates of bycatch in the sink gillnet fishery. Within 
60 days of receipt of that information, the NEFMC's HPRT shall complete 
a review of the data, assess the adequacy of existing regulations, 
evaluate the impacts of other measures that reduce harbor porpoise take 
and, if necessary, recommend additional measures in light of the 
NEFMC's harbor porpoise mortality reduction goals. In addition, the 
HPRT shall make a determination on whether other conservation issues 
exist that require a management response to meet the goals and 
objectives outlined in the NE Multispecies FMP. The HPRT shall report 
its findings and recommendations to the NEFMC.
    (2) After receiving and reviewing the HPRT's findings and 
recommendations, the NEFMC shall determine whether adjustments or 
additional management measures are necessary to meet the goals and 
objectives of the NE Multispecies FMP. If the NEFMC determines that 
adjustments or additional management measures are necessary, or at any 
other time in consultation with the HPRT, it shall develop and analyze 
appropriate management actions over the span of at least two NEFMC 
meetings.
    (3) The NEFMC may request, at any time, that the HPRT review and 
make recommendations on any harbor porpoise take reduction measures or 
develop additional take reduction proposals.
    (4) The NEFMC shall provide the public with advance notice of the 
availability of the proposals, appropriate rationale, economic and 
biological analyses, and opportunity to comment on them prior to and at 
the second NEFMC meeting. The NEFMC's recommendation on adjustments or 
additions to management measures must come from one or more of the 
categories specified under Sec. 648.90(b)(1).
    (5) If the NEFMC recommends that the management measures should be 
issued as a final rule, the NEFMC must consider at least the factors 
specified in Sec. 648.90(b)(2).
    (6) The Regional Director may accept, reject, or with NEFMC 
approval, modify the NEFMC's recommendation, including the NEFMC's 
recommendation to issue a final rule, as specified under 
Sec. 648.90(b)(3).

[[Page 35006]]

Sec. 648.88  Open access permit restrictions.

    (a) Handgear permit. A vessel issued a valid open access 
multispecies handgear permit is subject to the following restrictions:
    (1) The vessel may possess and land up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, per trip, and unlimited 
amounts of the other NE multispecies, provided that it does not use or 
possess on board gear other than rod and reel or handlines while in 
possession of, fishing for, or landing NE multispecies, and provided it 
has at least one standard tote on board.
    (2) A vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year.
    (b) Charter/party permit. A vessel that has been issued a valid 
open access multispecies charter/party permit is subject to the 
restrictions on gear, recreational minimum fish sizes and prohibitions 
on sale specified in Sec. 648.89, and any other applicable provisions 
of this part.
    (c) Scallop multispecies possession limit permit. A vessel that has 
been issued a valid open access scallop multispecies possession limit 
permit may possess and land up to 300 lb (136.1 kg) of regulated 
species when fishing under a scallop DAS allocated under Sec. 648.53, 
provided the vessel does not fish for, possess, or land haddock from 
January 1 through June 30 as specified under Sec. 648.86(a)(2)(i), and 
provided the vessel has at least one standard tote on board.


Sec. 648.89  Recreational and charter/party restrictions.

    (a) Recreational gear restrictions. Persons aboard charter or party 
vessels permitted under this part and not fishing under the DAS 
program, and recreational fishing vessels in the EEZ, are prohibited 
from fishing with more than two hooks per line and one line per angler 
and must stow all other fishing gear on board the vessel as specified 
under Secs. 648.23(b) and 648.81(e) (2), (3), and (4).
    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. 
Persons aboard charter or party vessels permitted under this part and 
not fishing under the DAS program, and recreational fishing vessels in 
the EEZ, are subject to minimum fish sizes (TL) as follows:

                         Minimum Fish Sizes (TL)                        
------------------------------------------------------------------------
                                                      Inches            
                 Species                 -------------------------------
                                               1996            1997+    
------------------------------------------------------------------------
Cod.....................................    20 (50.8 cm)    21 (53.3 cm)
Haddock.................................    20 (50.8 cm)    21 (53.3 cm)
Pollock.................................    19 (48.3 cm)    19 (48.3 cm)
Witch flounder (gray sole)..............    14 (35.6 cm)    14 (35.6 cm)
Yellowtail flounder.....................    13 (33.0 cm)    13 (33.0 cm)
American plaice (dab)...................    14 (35.6 cm)    14 (35.6 cm)
Winter flounder (blackback).............    12 (30.5 cm)    12 (30.5 cm)
Redfish.................................     9 (22.9 cm)     9 (22.9 cm)
------------------------------------------------------------------------

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified, if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (c) Possession restrictions. Each person on a recreational vessel 
may not possess more than 10 cod and/or haddock, combined, in or 
harvested from the EEZ.
    (1) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing fillet number by two. If 
fish are filleted into a single (butterfly) fillet, such fillet shall 
be deemed to be from one whole fish.
    (2) Cod and haddock harvested by recreational vessels with more 
than one person aboard may be pooled in one or more containers. 
Compliance with the possession limit will be determined by dividing the 
number of fish on board by the number of persons aboard. If there is a 
violation of the possession limit on board a vessel carrying more than 
one person, the violation shall be deemed to have been committed by the 
owner and operator.
    (3) Cod and haddock must be stored so as to be readily available 
for inspection.
    (d) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, NE 
multispecies caught or landed by charter or party vessels permitted 
under this part not fishing under a DAS or a recreational fishing 
vessels fishing in the EEZ.


Sec. 648.90  Framework specifications.

    (a) Annual review. The Multispecies Monitoring Committee (MSMC) 
shall meet on or before November 15 of each year to develop target TACs 
for the upcoming fishing year and options for NEFMC consideration on 
any changes, adjustment or additions to DAS allocations, closed areas, 
or other measures necessary to achieve the NE Multispecies FMP goals 
and objectives.
    (1) The MSMC shall review available data pertaining to: Catch and 
landings, DAS and other measures of fishing effort, survey results, 
stock status, current estimates of fishing mortality, and any other 
relevant information.
    (2) Based on this review, the MSMC shall recommend target TACs and 
develop options necessary to achieve the FMP goals and objectives, 
which may include a preferred option. The MSMC must demonstrate through 
analysis and documentation that the options it develops are expected to 
meet the NE Multispecies FMP goals and objectives. The MSMC may review 
the performance of different user groups or fleet sectors in developing 
options. The range of options developed by the MSMC may include any of 
the management measures in the NE Multispecies FMP, including, but not 
limited to: Annual target TACs, which must be based on the projected 
fishing mortality levels required to meet the goals and objectives 
outlined in the NE Multispecies FMP for the 10 regulated species; DAS 
changes; possession limits; gear restrictions; closed areas; permitting 
restrictions; minimum fish sizes; recreational fishing measures; and 
any other management measures currently included in the NE Multispecies 
FMP.
    (3) The NEFMC shall review the recommended target TACs and all of 
the options developed by the MSMC and other relevant information, 
consider public comment, and develop a recommendation to meet the NE 
Multispecies FMP objective that is consistent with other applicable 
law. If the NEFMC does not submit a recommendation that meets the NE 
Multispecies FMP objectives and is

[[Page 35007]]

consistent with other applicable law, the Regional Director may adopt 
any option developed by the MSMC, unless rejected by the NEFMC, as 
specified in paragraph (a)(5) of this section, provided that the option 
meets the NE Multispecies FMP objective and is consistent with other 
applicable law.
    (4) Based on this review, the NEFMC shall submit a recommendation 
to the Regional Director of any changes, adjustments or additions to 
DAS allocations, closed areas or other measures necessary to achieve 
the NE Multispecies FMP's goals and objectives. Included in the NEFMC's 
recommendation will be supporting documents, as appropriate, concerning 
the environmental and economic impacts of the proposed action and the 
other options considered by the NEFMC.
    (5) If the NEFMC submits, on or before January 7, a recommendation 
to the Regional Director after one NEFMC meeting, and the Regional 
Director concurs with the recommendation, the Regional Director shall 
publish the NEFMC's recommendation in the Federal Register as a 
proposed rule. The Federal Register notification of the proposed action 
will provide a 30-day public comment period. The NEFMC may instead 
submit its recommendation on or before February 1, if it chooses to 
follow the framework process outlined in paragraph (b) of this section 
and requests that the Regional Director publish the recommendation as a 
final rule. If the Regional Director concurs that the NEFMC's 
recommendation meets the NE Multispecies FMP objective and is 
consistent with other applicable law, and determines that the 
recommended management measures should be published as a final rule, 
the action will be published as a final rule in the Federal Register. 
If the Regional Director concurs that the recommendation meets the FMP 
objective and is consistent with other applicable law and determines 
that a proposed rule is warranted, and, as a result, the effective date 
of a final rule falls after the start of the fishing year on May 1, 
fishing may continue. However, DAS used by a vessel on or after May 1 
will be counted against any DAS allocation the vessel ultimately 
receives for that year.
    (6) If the Regional Director concurs in the NEFMC's recommendation, 
a final rule shall be published in the Federal Register on or about 
April 1 of each year, with the exception noted in paragraph (a)(5) of 
this section. If the NEFMC fails to submit a recommendation to the 
Regional Director by February 1 that meets the FMP goals and 
objectives, the Regional Director may publish as a proposed rule one of 
the options reviewed and not rejected by the NEFMC, provided that the 
option meets the FMP objective and is consistent with other applicable 
law. If, after considering public comment, the Regional Director 
decides to approve the option published as a proposed rule, the action 
will be published as a final rule in the Federal Register.
    (b) Within season management action. The NEFMC may, at any time, 
initiate action to add or adjust management measures if it finds that 
action is necessary to meet or be consistent with the goals and 
objectives of the NE Multispecies FMP.
    (1) Adjustment process. After a management action has been 
initiated, the NEFMC shall develop and analyze appropriate management 
actions over the span of at least two NEFMC meetings. The NEFMC shall 
provide the public with advance notice of the availability of both the 
proposals and the analysis, and opportunity to comment on them prior to 
and at the second NEFMC meeting. The NEFMC's recommendation on 
adjustments or additions to management measures must come from one or 
more of the following categories: DAS changes, effort monitoring, data 
reporting, possession limits, gear restrictions, closed areas, 
permitting restrictions, crew limits, minimum fish sizes, onboard 
observers, minimum hook size and hook style, the use of crucifiers in 
the hook-gear fishery, fleet sector shares, recreational fishing 
measures, area closures and other appropriate measures to mitigate 
marine mammal entanglements and interactions, and any other management 
measures currently included in the FMP.
    (2) NEFMC recommendation. After developing management actions and 
receiving public testimony, the NEFMC shall make a recommendation to 
the Regional Director. The NEFMC's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Director on 
whether to issue the management measures as a final rule. If the NEFMC 
recommends that the management measures should be issued as a final 
rule, the NEFMC must consider at least the following factors and 
provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Regional Director action. If the NEFMC's recommendation 
includes adjustments or additions to management measures and, after 
reviewing the NEFMC's recommendation and supporting information:
    (i) If the Regional Director concurs with the NEFMC's recommended 
management measures and determines that the recommended management 
measures should be issued as a final rule based on the factors 
specified in paragraph (b)(2) of this section, the measures will be 
issued as a final rule in the Federal Register.
    (ii) If the Regional Director concurs with the NEFMC's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Director concurs with the NEFMC 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Director does not concur, the NEFMC will be 
notified in writing of the reasons for the non-concurrence.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson Act.

Subpart G--Management Measures for the Summer Flounder Fisheries


Sec. 648.100  Catch quotas and other restrictions.

    (a) Annual review. The Summer Flounder Monitoring Committee shall 
review the following data on or before August 15 of each year to 
determine the allowable levels of fishing and other restrictions 
necessary to achieve a fishing mortality rate (F) of 0.41 in 1996, 0.30 
in 1997, and 0.23 in 1998 and thereafter, provided the allowable levels 
of fishing in 1996 and 1997 may not exceed 18,518,830 lb (8,400 mt), 
unless such fishing levels have an associated F of 0.23: Commercial and 
recreational catch data; current estimates of fishing mortality; stock 
status; recent estimates

[[Page 35008]]

of recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; sea sampling and winter trawl survey data or, if sea 
sampling data are unavailable, length frequency information from the 
winter trawl survey and mesh selectivity analyses; impact of gear other 
than otter trawls on the mortality of summer flounder; and any other 
relevant information.
    (b) Recommended measures. Based on this review, the Summer Flounder 
Monitoring Committee shall recommend to the Demersal Species Committee 
of the MAFMC and the Commission the following measures to assure that 
the F specified in paragraph (a) of this section will not be exceeded:
    (1) Commercial quota set from a range of 0 to the maximum allowed 
to achieve the specified F.
    (2) Commercial minimum fish size.
    (3) Minimum mesh size.
    (4) Recreational possession limit set from a range of 0 to 15 
summer flounder to achieve the specified F.
    (5) Recreational minimum fish size.
    (6) Recreational season.
    (7) Restrictions on gear other than otter trawls.
    (8) Adjustments to the exempted area boundary and season specified 
in Sec. 648.104(b)(1) by 30-minute intervals of latitude and longitude 
and 2-week intervals, respectively, based on data specified in 
paragraphs (a) (8) and (10) of this section to prevent discarding of 
sublegal sized summer flounder in excess of 10 percent, by weight.
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Summer Flounder Monitoring Committee. 
Based on these recommendations and any public comment, the Demersal 
Species Committee shall recommend to the MAFMC measures necessary to 
assure that the applicable specified F will not be exceeded. The MAFMC 
shall review these recommendations and, based on the recommendations 
and any public comment, recommend to the Regional Director measures 
necessary to assure that the applicable specified F will not be 
exceeded. The MAFMC's recommendations must include supporting 
documentation, as appropriate, concerning the environmental and 
economic impacts of the recommendations. The Regional Director shall 
review these recommendations and any recommendations of the Commission. 
After such review, the Regional Director will publish a proposed rule 
in the Federal Register by October 15 to implement a coastwide 
commercial quota and recreational harvest limit and additional 
management measures for the commercial fishery, and will publish a 
proposed rule in the Federal Register by February 15 to implement 
additional management measures for the recreational fishery, if he/she 
determines that such measures are necessary to assure that the 
applicable specified F will not be exceeded. After considering public 
comment, the Regional Director will publish a final rule in the Federal 
Register to implement the measures necessary to assure that the 
applicable specified F will not be exceeded.
    (d) Distribution of annual quota. (1) The annual commercial quota 
will be distributed to the states, based upon the following 
percentages:

                     Annual Commercial Quota Shares                     
------------------------------------------------------------------------
                                                                 Share  
                            State                              (percent)
------------------------------------------------------------------------
Maine........................................................    0.04756
New Hampshire................................................    0.00046
Massachusetts................................................    6.82046
Rhode Island.................................................   15.68298
Connecticut..................................................    2.25708
New York.....................................................    7.64699
New Jersey...................................................   16.72499
Delaware.....................................................    0.01779
Maryland.....................................................    2.03910
Virginia.....................................................   21.31676
North Carolina...............................................   27.44584
------------------------------------------------------------------------

    (2) All summer flounder landed for sale in a state shall be applied 
against that state's annual commercial quota, regardless of where the 
summer flounder were harvested. Any overages of the commercial quota 
landed in any state will be deducted from that state's annual quota for 
the following year.
    (e) Quota transfers and combinations. Any state implementing a 
state commercial quota for summer flounder may request approval from 
the Regional Director to transfer part or all of its annual quota to 
one or more states. Two or more states implementing a state commercial 
quota for summer flounder may request approval from the Regional 
Director to combine their quotas, or part of their quotas, into an 
overall regional quota. Requests for transfer or combination of 
commercial quotas for summer flounder must be made by individual or 
joint letter(s) signed by the principal state official with marine 
fishery management responsibility and expertise, or his/her previously 
named designee, for each state involved. The letter(s) must certify 
that all pertinent state requirements have been met and identify the 
states involved and the amount of quota to be transferred or combined.
    (1) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Director shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Director shall consider whether:
    (i) The transfer or combination would preclude the overall annual 
quota from being fully harvested.
    (ii) The transfer addresses an unforeseen variation or contingency 
in the fishery.
    (iii) The transfer is consistent with the objectives of the Summer 
Flounder FMP and Magnuson Act.
    (2) The transfer of quota or the combination of quotas will be 
valid only for the calendar year for which the request was made and 
will be effective upon the filing by NMFS of a notice of the approval 
of the transfer or combination with the Office of the Federal Register.
    (3) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Director. A state may submit a new request when it receives notice that 
the Regional Director has disapproved the previous request or when 
notice of the approval of the transfer or combination has been filed at 
the Office of the Federal Register.
    (4) If there is a quota overage among states involved in the 
combination of quotas at the end of the fishing year, the overage will 
be deducted from the following year's quota for each of the states 
involved in the combined quota. The deduction will be proportional, 
based on each state's relative share of the combined quota for the 
previous year. A transfer of quota or combination of quotas does not 
alter any state's percentage share of the overall quota specified in 
paragraph (d) of this section.


Sec. 648.101  Closures.

    (a) EEZ closure. The Regional Director shall close the EEZ to 
fishing for summer flounder by commercial vessels for the remainder of 
the calendar year by publishing notification in the Federal Register if 
he/she determines that the inaction of one or more states will cause 
the applicable F specified in Sec. 648.100(a) to be exceeded, or if the 
commercial fisheries in all states have been closed. The Regional 
Director may reopen the EEZ if earlier inaction by a state has been 
remedied by that state, or if commercial fisheries in one or more 
states have been reopened without

[[Page 35009]]

causing the applicable specified F to be exceeded.
    (b) State quotas. The Regional Director will monitor state 
commercial quotas based on dealer reports and other available 
information and shall determine the date when a state commercial quota 
will be harvested. The Regional Director shall publish notification in 
the Federal Register advising a state that, effective upon a specific 
date, its commercial quota has been harvested and notifying vessel and 
dealer permit holders that no commercial quota is available for landing 
summer flounder in that state.


Sec. 648.102  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
Sec. 648.4(a)(3) and fishermen subject to the possession limit may fish 
for summer flounder from January 1 through December 31. This time 
period may be adjusted pursuant to the procedures in Sec. 648.100.


Sec. 648.103  Minimum fish sizes.

    (a) The minimum size for summer flounder is 13 inches (33 cm) TL 
for all vessels issued a moratorium permit under Sec. 648.4(a)(3), 
except on board party and charter boats carrying passengers for hire or 
carrying more than three crew members, if a charter boat, or more than 
five crew members, if a party boat;
    (b) The minimum size for summer flounder is 14 inches (35.6 cm) TL 
for all vessels that do not qualify for a moratorium permit, or party 
and charter boats holding moratorium permits, but fishing with 
passengers for hire or carrying more than three crew members, if a 
charter boat, or more than five crew members, if a party boat.
    (c) The minimum sizes in this section apply to whole fish or to any 
part of a fish found in possession, e.g., fillets. These minimum sizes 
may be adjusted pursuant to the procedures in Sec. 648.100.


Sec. 648.104  Gear restrictions.

    (a) General. (1) Otter trawlers whose owners are issued a summer 
flounder permit and that land or possess 100 or more lb (45.4 or more 
kg) of summer flounder from May 1 through October 31, or 200 lb or more 
(90.8 kg or more) of summer flounder from November 1 through April 30, 
per trip, must fish with nets that have a minimum mesh size of 5.5-inch 
(14.0-cm) diamond mesh or 6-inch (15.2-cm) square mesh applied 
throughout the codend for at least 75 continuous meshes forward of the 
terminus of the net, or, for codends with less than 75 meshes, the 
minimum-mesh-size codend must be a minimum of one-third of the net, 
measured from the terminus of the codend to the head rope, excluding 
any turtle excluded device extension.
    (2) Mesh sizes are measured by a wedge-shaped gauge having a taper 
of 2 cm in 8 cm and a thickness of 2.3 mm inserted into the meshes 
under a pressure or pull of 5 kg. The mesh size is the average of the 
measurement of any series of 20 consecutive meshes for nets having 75 
or more meshes, and 10 consecutive meshes for nets having fewer than 75 
meshes. The mesh in the regulated portion of the net is measured at 
least five meshes away from the lacings, running parallel to the long 
axis of the net.
    (b) Exemptions. The minimum mesh-size requirements specified in 
paragraph (a)(1) of this section do not apply to:
    (1) Vessels issued a summer flounder moratorium permit and fishing 
from November 1 through April 30 in the ``exemption area,'' which is 
east of the line that follows 72 deg.30.0' W. long. until it intersects 
the outer boundary of the EEZ. Vessels fishing with a summer flounder 
exemption permit shall not fish west of the line. Vessels issued a 
permit under Sec. 648.4(a)(3)(iii) may transit the area west or south 
of the line, if the vessel's fishing gear is stowed in a manner 
prescribed under Sec. 648.100(e), so that it is not ``available for 
immediate use'' outside the exempted area. The Regional Director may 
terminate this exemption if he/she determines, after a review of sea 
sampling data, that vessels fishing under the exemption are discarding 
more than 10 percent, by weight, of their entire catch of summer 
flounder per trip. If the Regional Director makes such a determination, 
he/she shall publish notification in the Federal Register terminating 
the exemption for the remainder of the exemption season.
    (2) Vessels fishing with a two-seam otter trawl fly net with the 
following configuration, provided that no other nets or netting with 
mesh smaller than 5.5 inches (14.0 cm) are on board:
    (i) The net has large mesh in the wings that measures 8 inches 
(20.3 cm) to 64 inches (162.6 cm).
    (ii) The first body section (belly) of the net has 35 or more 
meshes that are at least 8 inches (20.3 cm).
    (iii) The mesh decreases in size throughout the body of the net to 
2 inches (5 cm) or smaller towards the terminus of the net.
    (3) The Regional Director may terminate this exemption if he/she 
determines, after a review of sea sampling data, that vessels fishing 
under the exemption, on average, are discarding more than 1 percent of 
their entire catch of summer flounder per trip. If the Regional 
Director makes such a determination, he/she shall publish a notice in 
the Federal Register terminating the exemption for the remainder of the 
calendar year.
    (c) Net modifications. No vessel subject to this part shall use any 
device, gear, or material, including, but not limited to nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net; except that, one splitting strap and 
one bull rope (if present) consisting of line or rope no more than 3 
inches (7.2 cm) in diameter may be used if such splitting strap and/or 
bull rope does not constrict, in any manner, the top of the regulated 
portion of the net, and one rope no greater than 0.75 inches (1.9 cm) 
in diameter extending the length of the net from the belly to the 
terminus of the codend along the top, bottom, and each side of the net. 
``Top of the regulated portion of the net'' means the 50 percent of the 
entire regulated portion of the net that (in a hypothetical situation) 
will not be in contact with the ocean bottom during a tow if the 
regulated portion of the net were laid flat on the ocean floor. For the 
purpose of this paragraph (c), head ropes shall not be considered part 
of the top of the regulated portion of a trawl net. A vessel shall not 
use any means or mesh configuration on the top of the regulated portion 
of the net, as defined in Sec. 648.104(e), if it obstructs the meshes 
of the net or otherwise causes the size of the meshes of the net while 
in use to diminish to a size smaller than the minimum specified in 
Sec. 648.100(a).
    (d) Mesh obstruction or constriction. (1) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (c) of this section, that 
obstructs the meshes of the net in any manner.
    (2) No person on any vessel may possess or fish with a net capable 
of catching summer flounder in which the bars entering or exiting the 
knots twist around each other.
    (e) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg) 
or more of summer flounder from May 1 through October 31, or 200 lb 
(90.6 kg) or more of summer flounder from November 1 through April 30, 
and subject to the minimum mesh size requirement of paragraph (a)(1) of 
this section may not have ``available for immediate use'' any net or 
any piece of net that does not meet the minimum mesh size requirement, 
or any net, or any piece of net, with mesh that is rigged in a manner 
that is inconsistent with the minimum mesh size requirement. A net that 
is stowed in conformance with one

[[Page 35010]]

of the methods specified in Sec. 648.23(b) and that can be shown not to 
have been in recent use is considered to be not ``available for 
immediate use.''


Sec. 648.105  Possession restrictions.

    (a) No person shall possess more than eight summer flounder in, or 
harvested from, the EEZ unless that person is the owner or operator of 
a fishing vessel issued a summer flounder moratorium permit. Persons 
aboard a commercial vessel that is not eligible for a summer flounder 
moratorium permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a summer flounder 
moratorium permit are not subject to the possession limit when not 
carrying passengers for hire and when the crew size does not exceed 
five for a party boat and three for a charter boat.
    (b) If whole summer flounder are processed into fillets, the number 
of fillets will be converted to whole summer flounder at the place of 
landing by dividing the fillet number by two. If summer flounder are 
filleted into single (butterfly) fillets, each fillet is deemed to be 
from one whole summer flounder.
    (c) Summer flounder harvested by vessels subject to the possession 
limit with more than one person on board may be pooled in one or more 
containers. Compliance with the daily possession limit will be 
determined by dividing the number of summer flounder on board by the 
number of persons on board, other than the captain and the crew. If 
there is a violation of the possession limit on board a vessel carrying 
more than one person, the violation shall be deemed to have been 
committed by the owner and operator.
    (d) Owners and operators of otter trawl vessels issued a permit 
under Sec. 648.4(a)(3) that fish with or possess nets or pieces of net 
on board that do not meet the minimum mesh requirements and that are 
not stowed in accordance with Sec. 648.104(f), may not retain 100 lb 
(45.3 kg) or more of summer flounder from May 1 through October 31, or 
200 lb (90.6 kg) or more of summer flounder from November 1 through 
April 30. Summer flounder on board these vessels must be stored so as 
to be readily available for inspection in standard 100-lb (45.3-kg) 
totes or fish boxes having a liquid capacity of 18.2 gal (70 L), or a 
volume of not more than 4,320 in \3\ (2.5 ft \3\ or 70.79 cm \3\).


Sec. 648.106  Sea turtle conservation.

    This section will be suspended during the effectiveness of any 
temporary regulations issued to regulate incidental take of sea turtles 
in the summer flounder under authority of the ESA under parts 217, 222, 
and 227 of this title. Such suspensions and temporary regulations will 
be issued by publication in the Federal Register and will be effective 
for a specified period of time, not to exceed 1 year.
    (a) Sea turtle handling and resuscitation. The sea turtle handling 
and resuscitation requirements specified in Sec. 227.72(e)(1) (i) and 
(ii) of this title apply with respect to sea turtles incidentally taken 
by a vessel fishing for summer flounder.
    (b) Sea turtle monitoring and assessment program. (1) The Regional 
Director will establish a monitoring and assessment program, in 
cooperation with the MAFMC and the State of North Carolina, to measure 
the incidental take of sea turtles in the summer flounder fishery, 
monitor compliance with required conservation measures by trawlers, and 
predict interactions between the fishery and sea turtles to prevent 
turtle mortalities.
    (2) A scientifically designed, observer-based monitoring program in 
accordance with Sec. 648.11 may be used to gather scientific data 
measuring the incidental take of turtles by trawlers in the summer 
flounder fishery and to report turtle distribution and abundance.
    (3) A cooperative sea turtle monitoring and assessment program 
utilizing a variety of information, including aerial and vessel 
surveys; onboard observers; individually tagged turtles; physical 
parameters, such as sea surface temperatures, and reports from the sea 
turtle stranding network; and other relevant and reliable information, 
will assess and predict turtle distribution, abundance, movement 
patterns, and timing to provide information to NMFS to prevent turtle 
mortality caused by the summer flounder fishery.
    (c) Required use of Turtle Excluder Devices (TED). The Regional 
Director will require the use of a NMFS-approved TED by any vessels 
engaged in summer flounder fishing operations and utilizing trawl gear 
on or after October 15 as necessary to protect sea turtles. The 
Regional Director will publish notification in the Federal Register 
with the specific time period. Descriptions of NMFS-approved TEDs can 
be found in Sec. 227.72(e)(4) of this title. This requirement applies 
to vessels within the EEZ bounded on the north by a line along 
37 deg.05' N. lat., bounded on the south by a line along 33 deg.35' N. 
lat., and bounded on the east by a line 7 nm from the shoreward 
boundary of the EEZ.
    (d) Closure of the fishery. The Regional Director may close the 
summer flounder fishery in the EEZ, or any part thereof, after 
consultation with the MAFMC, the Director of the State of North 
Carolina Division of Marine Fisheries, and the marine fisheries agency 
of any other affected state, by publishing notification in the Federal 
Register. The Regional Director shall take such action if he/she 
determines a closure is necessary to avoid jeopardizing the continued 
existence of any species listed under the ESA. The determination of the 
impact on sea turtles must be based on turtle mortalities and 
projections of turtle mortality by the NMFS monitoring and assessment 
program. A closure will be applicable to those areas specified in the 
notification and for the period specified in the notification. The 
Regional Director will provide as much advance notice as possible, 
consistent with the requirements of the ESA, and will have the closure 
announced on channel 16 of the marine VHF radio. A closure may prohibit 
all fishing operations, may prohibit the use of certain gear, may 
require that gear be stowed, or may impose similar types of 
restrictions on fishing activities. The prohibitions, restrictions, and 
duration of the closure will be specified in the notification.
    (e) Reopening of the fishery. (1) The Regional Director may reopen 
the summer flounder fishery in the EEZ, or any part thereof, after 
consultation with the MAFMC, the Director of the State of North 
Carolina Division of Marine Fisheries, and the marine fisheries agency 
of any other affected state, by publishing notification in the Federal 
Register. The Regional Director may reopen the summer flounder fishery 
in the EEZ, or any part thereof, if additional sea turtle conservation 
measures are implemented and if projections of NMFS' sea turtle 
monitoring program indicate that such measures will ensure that 
continued operation of the summer flounder fishery is not likely to 
jeopardize the continued existence of any species listed under the ESA.
    (2) The Regional Director may reopen the summer flounder fishery in 
the EEZ, or any part thereof, if the sea turtle monitoring program 
indicates changed conditions and if projections of the sea turtle 
monitoring program indicate that NMFS can ensure that continued 
operation of the summer flounder fishery is not likely to jeopardize 
the continued existence of any species listed under the ESA.
    (f) Additional sea turtle conservation measures. (1) The Regional 
Director may impose additional sea turtle conservation measures, 
including tow-time requirements, in the EEZ, after consultation with 
the MAFMC, the

[[Page 35011]]

Director of the State of North Carolina Division of Marine Fisheries, 
and the marine fisheries agency of any other affected state, by 
publishing notification in the Federal Register. The Regional Director 
shall take such action if he/she determines further measures are 
necessary to avoid jeopardizing the continued existence of any species 
listed under the ESA or if such action would allow reopening of the 
summer flounder fishery in the EEZ. The determination of the impact on 
sea turtles must be based on turtle mortalities and projections of 
turtle mortality by the NMFS monitoring and assessment program.
    (2) Consistent with the procedures specified in Sec. 648.10, the 
Regional Director may require that all or a certain portion of the 
vessels engaged in fishing for summer flounder carry observers, 
consistent with the requirements of Sec. 648.10, to gather data on 
incidental capture of sea turtles and to monitor compliance with 
required conservation measures. This requirement may apply to certain 
types of vessels, certain areas, or during certain times of the year.
    (g) Experimental projects. Notwithstanding paragraphs (a) through 
(f) of this section, the Regional Director may authorize summer 
flounder fishing, as a part of experimental projects to measure turtle 
capture rates, to monitor turtle abundance, to test alternative gear or 
equipment, or for other research purposes. Research must be approved by 
the Regional Director, and it must not be likely to jeopardize the 
continued existence of any species listed under the ESA. The Regional 
Director will impose such conditions as he/she determines necessary to 
ensure adequate turtle protection during experimental projects. 
Individual authorizations may be issued in writing. Authorizations 
applying to multiple vessels will be published in the Federal Register.

Subpart H--Management Measures for the Scup Fishery


Sec. 648.124  Gear restrictions.

    (a) General. Otter trawl vessels that land or possess 4,000 lb or 
more (1,814.4 kg or more) of scup harvested in or from the EEZ must 
fish with nets that have a minimum mesh size of 4 inches (10.2 cm) 
applied throughout the codend for at least 75 continuous meshes forward 
of the terminus of the net, or, for codends with less than 75 meshes, 
the minimum-mesh-size codend must be a minimum of one-third of the net, 
measured from the terminus of the codend to the center of the head 
rope, excluding any turtle excluder device extension.
    (b) Mesh-size measurement. Mesh sizes will be measured according to 
the procedure described in Sec. 648.104(a)(2).
    (c) Net modification and mesh obstruction and constriction. Same as 
Sec. 648.104 (c) and (d) except substitute the word ``scup'' for the 
words ``summer flounder.''
    (d) Stowage of nets. Otter trawl vessels retaining 4,000 pounds or 
more (1,814.4 or more kg) of scup harvested in or from the EEZ, and 
subject to the minimum mesh requirement specified in paragraph (a) of 
this section may not have available for immediate use any net, or any 
piece of net, not meeting the minimum mesh size requirement, or mesh 
that is rigged in a manner that is inconsistent with the minimum mesh 
size. A net that conforms to the specifications specified in 
Sec. 648.23(b) and that can be shown not to have been in recent use is 
considered to be not ``available for immediate use.''


Sec. 648.125  Minimum fish sizes.

    (a) The minimum size for scup is 9 inches (22.9 cm) TL for all 
vessels engaged in commercial fishing.
    (b) The minimum size for scup is 7 inches (17.8 cm) TL for all 
vessels that are engaged in recreational fishing.
    (c) The minimum size applies to whole fish or any part of a fish 
found in possession, e.g., fillets.

PARTS 625, 650, 651, 652, 655, AND 657--[REMOVED]

    4. Parts 625, 650, 651, 652, 655, and 657 are removed.

[FR Doc. 96-16660 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-P