34966 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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duplicative and outdated provisions,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

§ 648.14, and subpart H of part 648

(§§ 648.124—648.125), which are

effective from July 1, through September

29, 1996.

ADDRESSES: Comments regarding

burden-hour estimates for collection-ofinformation 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 MidAtlantic 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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-ofinformation 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 § 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:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section

where the information

collection requirement

is located

Current OMB control

number (all 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 § 648.14 and subpart H

(§§ 648.124—648.125), which are

effective from July 1, through September

29, 1996, to read as follows:
34968 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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.

§ 648.2 Definitions.

In addition to the definitions in the

Magnuson Act and in § 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 ft3 (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 ft3 (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 MidAtlantic 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),
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 (shortfinned 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 (longfinned 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,
34970 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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.

§ 648.3 Relation to other laws.

(a) The relation of this part to other

laws is set forth in § 600.705.

(b) Nothing in these regulations

supersedes more restrictive state

management measures for any of the

species referenced in § 648.1 and, for

Atlantic salmon, more restrictive local

management measures.

§ 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34971

apply for a limited access multispecies

permit, as specified in § 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
34972 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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 § 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 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 § 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 § 648.105.

(iii) Exemption permits. Owners of

summer flounder vessels seeking an

exemption from the minimum mesh

requirement under the provisions of

§ 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

§ 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
34974 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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 parttime limited access scallop permit, or if

opting to use a VTS unit, though not

required, a copy of the vendor

installation receipt from a NMFSapproved VTS vendor as described in

§ 648.9.

(C) If applying to fish under the small

dredge program set forth under

§ 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 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 fulltime or part-time limited access scallop

permit, or electing to use a VTS, has

failed to meet all of the VTS

requirements specified in §§ 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.

§ 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

§ 648.4, unless exempted from such

requirements under § 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 § 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 § 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, passportsize 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.
34976 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(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 § 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.

§ 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 § 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 § 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 § 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 § 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 § 648.5(k).

(k) Alteration. Same as § 648.4(i).

(l) Display. Same as § 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 § 648.4(m).

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

§ 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
34978 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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 nonpermanent 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.

§ 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 NMFSdesignated 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.

§ 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 (Canada landmass) .............................................................................................................. 45°03′ 66°47′

2. A point east of West Quoddy Head Light ................................................................................................................... 44°48.9′ 66°56.1′

3. A point east of Little River Light .................................................................................................................................. 44°39.0′ 67°10.5′

4. Whistle Buoy ‘‘8BI’’ (SSE of Baker Island) ................................................................................................................. 44°13.6′ 68°10.8′

5. Isle au Haut Light ........................................................................................................................................................ 44°03.9′ 68°39.1′

6. Pemaquid Point Light .................................................................................................................................................. 43°50.2′ 69°30.4′

7. A point west of Halfway Rock ..................................................................................................................................... 43°38.0′ 70°05.0′

8. A point east of Cape Neddick Light ............................................................................................................................ 43°09.9′ 70°34.5′
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34979

VTS DEMARCATION LINE—Continued

Description N. Long. W. Lat.

9. Merrimack River Entrance ‘‘MR’’ Whistle Buoy .......................................................................................................... 42°48.6′ 70°47.1′

10. Halibut Point Gong Buoy ‘‘1AHP’’ ............................................................................................................................. 42°42.0′ 70°37.5′

11. Connecting reference point ....................................................................................................................................... 42°40′ 70°30′

12. Whistle Buoy ‘‘2’’ off Eastern Point ........................................................................................................................... 42°34.3′ 70°39.8′

13. The Graves Light (Boston) ........................................................................................................................................ 42°21.9′ 70°52.2′

14. Minots Ledge Light .................................................................................................................................................... 42°16.2′ 70°45.6′

15. Farnham Rock Lighted Bell Buoy ............................................................................................................................. 42°05.6′ 70°36.5′

16. Cape Cod Canal Bell Buoy ‘‘CC’’ ............................................................................................................................. 41°48.9′ 70°27.7′

17. A point inside Cape Cod Bay .................................................................................................................................... 41°48.9′ 70°05′

18. Race Point Lighted Bell Buoy ‘‘RP’’ .......................................................................................................................... 42°04.9′ 70°16.8′

19. Peaked Hill Bar Whistle Buoy ‘‘2PH’’ ........................................................................................................................ 42°07.0′ 70°06.2′

20. Connecting point, off Nauset Light ............................................................................................................................ 41°50′ 69°53′

21. A point south of Chatham ‘‘C’’ Whistle Buoy ............................................................................................................ 41°38′ 69°55.2′

22. A point in eastern Vineyard Sound ........................................................................................................................... 41°30′ 70°33′

23. A point east of Martha’s Vineyard ............................................................................................................................. 41°22.2′ 70°24.6′

24. A point east of Great Pt. Light, Nantucket ................................................................................................................ 41°23.4′ 69°57′

25. A point SE of Sankaty Head, Nantucket ................................................................................................................... 41°13′ 69°57′

26. A point west of Nantucket ......................................................................................................................................... 41°15.6′ 70°25.2′

27. Squibnocket Lighted Bell Buoy ‘‘1’’ ........................................................................................................................... 41°15.7′ 70°46.3′

28. Wilbur Point (on Sconticut Neck) .............................................................................................................................. 41°35.2′ 70°51.2′

29. Mishaum Point (on Smith Neck) ............................................................................................................................... 41°31.0′ 70°57.2′

30. Sakonnet Entrance Lighted Whistle Buoy ‘‘SR’’ ....................................................................................................... 41°25.7′ 71°13.4′

31. Point Judith Lighted Whistle Buoy ‘‘2’’ ...................................................................................................................... 41°19.3′ 71°28.6′

32. A point off Block Island Southeast Light ................................................................................................................... 41°08.2′ 71°32.1′

33. Shinnecock Inlet Lighted Whistle Buoy ‘‘SH’’ ........................................................................................................... 40°49.0′ 72°28.6′

34. Scotland Horn Buoy ‘‘S’’, off Sandy Hook (NJ) ........................................................................................................ 40°26.5′ 73°55.0′

35. Barnegat Lighted Gong Buoy ‘‘2’’ ............................................................................................................................. 39°45.5′ 73°59.5′

36. A point east of Atlantic City Light .............................................................................................................................. 39°21.9′ 74°22.7′

37. A point east of Hereford Inlet Light ........................................................................................................................... 39°00.4′ 74°46′

38. A point east of Cape Henlopen Light ........................................................................................................................ 38°47′ 75°04′

39. A point east of Fenwick Island Light ......................................................................................................................... 38°27.1′ 75°02′

40. A point NE of Assateague Island (VA) ..................................................................................................................... 38°00′ 75°13′

41. Wachapreague Inlet Lighted Whistle Buoy ‘‘A’’ ........................................................................................................ 37°35.0′ 75°33.7′

42. A point NE of Cape Henry ........................................................................................................................................ 36°55.6′ 75°58.5′

43. A point east of Currituck Beach Light ....................................................................................................................... 36°22.6′ 75°48′

44. Oregon Inlet (NC) Whistle Buoy ............................................................................................................................... 35°48.5′ 75°30′

45. Wimble Shoals, east of Chicamacomico .................................................................................................................. 35°36′ 75°26′

46. A point SE of Cape Hatteras Light ........................................................................................................................... 35°12.5′ 75°30′

47. Hatteras Inlet Entrance Buoy ‘‘HI’’ ............................................................................................................................ 35°10′ 75°46′

48. Ocracoke Inlet Whistle Buoy ‘‘OC’’ ........................................................................................................................... 35°01.5′ 76°00.5′

49. A point east of Cape Lookout Light .......................................................................................................................... 34°36.5′ 76°30′

50. Southern terminus point ............................................................................................................................................ 34°35′ 76°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 § 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 § 648.9(a), must have

installed on board an operational VTS

unit that meets the minimum

performance criteria specified in

§ 648.9(b), or as modified as specified in

§ 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 § 648.9(b), or as modified as specified

in § 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 § 648.9(b), or as modified as specified

in § 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
34980 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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

§ 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 § 648.89.

(f) Scallop vessels fishing under

exemptions. Vessels fishing under the

exemptions provided by § 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.

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

§ 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.

§ 648.13 Transfers at sea.

(a) Only vessels issued a Loligo and

butterfish moratorium permit under

§ 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 § 648.4(a)(1) or a scallop

permit under § 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 § 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.

§ 648.14 Prohibitions.

(a) In addition to the general

prohibitions specified in § 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 § 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 § 648.7, or

submit or maintain false information in

records and reports required to be kept

or filed under § 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.
34982 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(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 § 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 § 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 § 648.75, unless the person

can demonstrate the inapplicability of

the presumption set forth in

§ 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 § 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 § 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 § 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 § 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 § 648.15(b).

(28) Fail to offload any surf clams or

ocean quahogs harvested in the EEZ

from a trip discontinued pursuant to

§ 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 § 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

§ 648.4(a)(1), and is not fishing under

the charter/party vessel restrictions

specified in § 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

§ 648.80(a)(1), nets of mesh whose size

is smaller than the minimum mesh size

specified in § 648.80(a)(2), except as

provided in § 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 § 648.80(b)(1), nets of mesh

size smaller than the minimum size

specified in § 648.80(b)(2), except as

provided in § 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 § 648.80(c)(1), nets of mesh

size smaller than the minimum size

specified in § 648.80(c)(2), except as

provided in § 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 § 648.81(a)(1) on a fishing vessel,

except as provided in § 648.81(a) (2) and

(d).

(39) Enter or be in the area described

in § 648.81(b)(1) on a fishing vessel,

except as provided by § 648.81(b)(2).

(40) Enter or be in the area described

in § 648.81(c)(1), on a fishing vessel,

except as provided in § 648.81 (c)(2) and

(d)(2).

(41) Fail to comply with the gearmarking requirements of § 648.84.

(42) Fish within the areas described in

§ 648.80(a)(4) with nets of mesh smaller

than the minimum size specified in

§ 648.80(a)(2), unless the vessel is

issued and possesses on board an

authorizing letter issued under

§ 648.80(a)(4)(i).

(43) Violate any of the provisions of

§ 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 § 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.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 648.80(a)(3).

(46) Violate any terms of a letter

authorizing experimental fishing

pursuant to § 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

§ 648.80 (d) or (e) with a net of mesh

size smaller than the applicable mesh

size specified in § 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 § 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 § 648.88.

(49) Violate any of the restrictions on

fishing with scallop dredge gear

specified in § 648.80(h).

(50) Violate any of the provisions of

§ 648.80(i).

(51) Obstruct or constrict a net as

described in § 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

§ 648.81 (f)(1) through (h)(1) during the

time period specified, except as

provided in § 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 § 648.80(i) and from or within the

areas described in § 648.80(i), while in

possession of scallop dredge gear on a

vessel not fishing under the scallop DAS

program as described in § 648.53, or

fishing under a general scallop permit,

unless the vessel and the dredge gear

conform with the stowage requirements

of § 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 § 648.51, or with

scallop dredge gear on a vessel not

fishing under the scallop DAS program

described in § 648.54 of this chapter, or

fishing under a general scallop permit,

unless said fish are caught, possessed or

landed in accordance with §§ 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 § 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

§ 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

§ 648.105, or before or after the time

period specified in § 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 § 648.104 if the person

possesses summer flounder harvested in

or from the EEZ in excess of the

threshold limit of § 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

§ 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

§ 648.106, including any sea turtle

conservation measure implemented by

notification in the Federal Register in

accordance with § 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.
34984 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(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

§ 648.22.

(74) Possess nets or netting with mesh

not meeting the minimum size

requirement of § 648.23 and not stowed

in accordance with the requirements of

§ 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 § 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 § 648.4(a)(1)(i)(H)(3), to land, or

possess on board a vessel, more than the

possession limits specified in

§ 648.86(a), or violate any of the other

provisions of § 648.86.

(c) In addition to the general

prohibitions specified in § 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

§ 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 § 648.86(c) after using up

the vessel’s annual DAS allocation or

when not participating under the DAS

program pursuant to § 648.82, unless

otherwise exempted under

§ 648.82(b)(3) or § 648.89.

(2) If required by § 648.10 to have a

VTS unit:

(i) Fail to have a certified, operational,

and functioning VTS unit that meets the

specifications of § 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 § 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 § 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 § 648.4(a)(1)(i) (E) and (F).

(6) Fail to comply with any

requirement specified in § 648.10.

(7) Possess or land per trip more than

the possession limit specified under

§ 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 § 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

§ 648.82(g), using the procedure

described under § 648.82(h), as

applicable.

(10) Land, or possess on board a

vessel, more than the possession limit of

winter flounder specified in § 648.86(b),

or violate any of the other provisions

specified of § 648.86(b).

(d) In addition to the general

prohibitions specified in § 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 § 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

§ 648.86(a)(2).

(e) In addition to the general

prohibitions specified in § 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 § 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 § 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

§ 648.4(a)(2) to land, or possess at or

after landing, in-shell scallops smaller

than the minimum shell height

specified in § 648.50(a).

(g) In addition to the general

prohibitions specified in § 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 § 648.89(a).

(2) Possess cod and haddock in excess

of the possession limits specified in

§ 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

§ 648.89(d).

(h) In addition to the general

prohibitions specified in § 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 § 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

§ 648.10, unless exempted from DAS

allocations as provided in § 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 § 648.10, unless

exempted from DAS allocations as

provided in § 648.55.

(3) Fail to have an approved,

operational, and functioning VTS unit

that meets the specifications of § 648.9
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34985

on board the vessel at all times, unless

the vessel is not subject to the VTS

requirements specified in § 648.10.

(4) If the vessel is not subject to VTS

requirements specified in § 648.10(a),

fail to comply with the requirements of

the call-in system specified in

§ 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

§ 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

§ 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

§ 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 § 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 § 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

§ 648.51(a)(3).

(12) Possess more than 40 lb (18.14

kg) of shucked, or 5 bu (176.2 L) of inshell 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 § 648.51(b)(1).

(13) Possess more than 40 lb (18.14

kg) of shucked, or 5 bu (176.1 L) of inshell 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 § 648.51(b)(2).

(14) Possess more than 40 lb (18.14

kg) of shucked, or 5 bu (176.1 L) of inshell 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 § 648.51(b)(3).

(15) Possess more than 40 lb (18.14

kg) of shucked, or 5 bu (176.2 L) of inshell 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 § 648.51(b)(4)(ii).

(16) Possess more than 40 lb (18.14

kg) of shucked, or 5 bu (176.2 L) of inshell 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

§ 648.51(b)(4).

(17) Participate in the DAS allocation

program with more than the number of

persons specified in § 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 § 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 § 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 § 648.11.

(23) Fail to comply with any

requirement for declaring in and out of

the DAS allocation program as specified

in § 648.10.

(24) Fail to comply with any

requirement for participating in the DAS

Exemption Program as specified in

§ 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

§ 648.51(f).

(26) Fail to comply with the

restriction on twine top described in

§ 648.51(b)(4)(iv).

(i) In addition to the general

prohibitions specified in § 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 § 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 § 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 § 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

§ 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

§ 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 § 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

§ 648.104(a), or is fishing in the

exempted area with an exemption

permit as specified in § 648.104(b)(1), or
34986 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

holds an exemption permit and is in

transit from the exemption area with

nets properly stowed as specified in

§ 648.104(f), or is fishing with exempted

gear specified in § 648.104(b)(2).

(2) Possess summer flounder in other

than a box specified in § 648.105(d) if

fishing with nets having mesh that does

not meet the minimum mesh-size

requirement specified in § 648.104(a),

unless the vessel is fishing pursuant to

the exemptions specified in

§ 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 § 648.104, unless the nets or

netting are stowed in accordance with

§ 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 § 648.104,

unless the nets or netting are stowed in

accordance with § 648.104(f).

(6) Fish west or south, as appropriate,

of the line specified in § 648.104(b)(1) if

exempted from the minimum mesh

requirement specified in § 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 § 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 § 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 § 648.124(a), unless the nets or

netting are stowed in accordance with

§ 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 § 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 § 648.105.

(2) Fish for summer flounder other

than during a season specified pursuant

to § 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 § 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 § 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 § 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 § 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 § 648.22.

(3) Take, retain, or land mackerel,

squid, or butterfish after a total closure

specified under § 648.22.

(4) Fish with or possess nets or

netting that do not meet the minimum

mesh requirement for Loligo specified in

§ 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 § 648.23(b) or the

vessel is fishing under an exemption

specified in § 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 § 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

§ 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

§ 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

§ 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 648.15(b) or

§ 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

§ 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 § 648.70(d)(2) or

§ 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

§ 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 § 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.

§ 648.15 Facilitation of enforcement.

(a) General. See § 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.

§ 648.16 Penalties.

See § 600.735.

Subpart B—Management Measures for

the Atlantic Mackerel, Squid, and

Butterfish Fisheries

§ 648.20 Maximum optimum yield (OYs).

The OYs specified pursuant to

§ 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 § 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).

§ 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 § 648.20, or a lower amount,

if stock assessments indicate that the
34988 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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.

§ 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 648.4(e)(2),

whichever is less.

§ 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 17⁄8

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°58.0′ 67°22.0′

M2 ..................... 43°50.0′ 68°35.0′

M3 ..................... 43°30.0′ 69°40.0′

M4 ..................... 43°20.0′ 70°00.0′

M5 ..................... 42°45.0′ 70°10.0′

M6 ..................... 42°13.0′ 69°55.0′

M7 ..................... 41°00.0′ 69°00.0′

M8 ..................... 41°45.0′ 68°15.0′

M9 ..................... 42°10.0′ 67°10.0′

M10 ................... 41°18.6′ 66°24.8′

M11 ................... 40°55.5′ 66°38.0′

M12 ................... 40°45.5′ 68°00.0′

M13 ................... 40°37.0′ 68°00.0′

M14 ................... 40°30.0′ 69°00.0′

M15 ................... 40°22.7′ 69°00.0′

M16 ................... 40°18.7′ 69°40.0′

M17 ................... 40°21.0′ 71°03.0′

M18 ................... 39°41.0′ 72°32.0′

M19 ................... 38°47.0′ 73°11.0′

M20 ................... 38°04.0′ 74°06.0′

M21 ................... 37°08.0′ 74°46.0′

M22 ................... 36°00.0′ 74°52.0′

M23 ................... 35°45.0′ 74°53.0′

M24 ................... 35°28.0′ 74°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 17⁄8 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 fanfolded (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 17⁄8

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 17⁄8 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

§ 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

§ 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 shellheight 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
34990 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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.

§ 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 § 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 § 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

§ 648.23(b).

(iii) Measurement of mesh size. Mesh

size is measured by using a wedgeshaped 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

§ 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.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 648.53, or in

possession of more than 400 lb (181.44

kg) of shucked, or 50 bu (176.2 L) of inshell 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.

§ 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 § 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

§ 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.

§ 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 § 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:

DAS category

1995–96

and

1996–97

1997–98

1998–99

and

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 § 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
34992 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

towing a disabled vessel, and that can

document the occurrence through the

USCG, will not accrue DAS for the time

documented.

§ 648.54 State waters exemption.

(a) DAS exemption. Any vessel issued

a limited access scallop permit is

exempt from the DAS requirements

specified in § 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 § 648.53(c) under

paragraph (a) of this section is also

exempt from the gear restrictions

specified in § 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

§ 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 § 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 § 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.

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

(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

§ 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 § 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 § 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 § 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.

§ 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.
34994 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(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.

§ 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.

§ 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°25′36 N. lat.,

70°3500 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°2504 N. lat., 73°4238 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°3100 N. lat.,

73°4338 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°1948 N. lat., 73°4542 W. long., to

a point at the limit of the state territorial

waters of New Jersey at 40°1400 N. lat.,

73°5542 W. long.

(3) 106 Dumpsite. The toxic industrial

dump site known as the ‘‘106

Dumpsite’’ and located between

38°4000 and 39°0000 N. lat. and

between 72°0000 and 72°3000 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.

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

§ 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 § 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 § 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 § 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

§ 648.75(b) or transferred under

§ 648.70(b).

Subpart F—Management Measures for

the NE Multispecies Fishery

§ 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°58′ 67°22′

G3 ..................... 42°53.1′ 67°44.4′

G4 ..................... 42°31′ 67°28.1′

G5 ..................... 41°18.6′ 66°24.8′

1The 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°55.5′ 66°38′ 5930–Y–30750 and 9960–Y–43500.

G7 ....................................................... 40°45.5′ 68°00′ 9960–Y–43500 and 68°00′ W. lat.

G8 ....................................................... 40°37′ 68°00′ 9960–Y–43450 and 68°00′ W. lat.

G9 ....................................................... 40°30′ 69°00′

NL3 ...................................................... 40°22.7′ 69°00′

NL2 ...................................................... 40°18.7′ 69°40′

NL1 ...................................................... 40°50′ 69°40′

G11 ..................................................... 40°50′ 70°00′

G12 ..................................................... 1 70°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 ft2 (0.81 m2)),

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
34996 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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 § 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 ft2 (0.81 m2)), 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 § 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°35′ 70°00′

SM2 ....... 41°35′ 69°40′

SM3 ....... 42°49.5′ 69°40′

SM4 ....... 43°12′ 69°00′

SM5 ....... 43°41′ 68°00′

G2 .......... 43°58′ 67°22′; (the U.S.-

Canada maritime

Boundary).

SMALL MESH NORTHERN SHRIMP FISHERY EXEMPTION AREA—Continued

Point N. Lat. W. Long.

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°10′ 68°10′

C2 ...................... 41°30′ 68°41′

CI4 ..................... 41°30′ 68°30′

C3 ...................... 41°12.8′ 68°30′

C4 ...................... 41°05′ 68°20′

C5 ...................... 41°55′ 67°40′

C1 ...................... 42°10′ 68°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

§ 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34997

area or season designation necessary,

and to make appropriate

recommendations to the Regional

Director following the procedures

specified in § 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 § 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

Point N. Lat. W. Long. Approximate Loran

coordinates

SB1 ....................................................................................................................................... 42°34.0′ 70°23.5′ 13737 44295

SB2 ....................................................................................................................................... 42°28.8′ 70°39.0′ 13861 44295

SB3 ....................................................................................................................................... 42°18.6′ 70°22.5′ 13810 44209

SB4 ....................................................................................................................................... 42°05.5′ 70°23.3′ 13880 44135

SB5 ....................................................................................................................................... 42°11.0′ 70°04.0′ 13737 44135

SB1 ....................................................................................................................................... 42°34.0′ 70°23.5′ 13737 44295

JEFFREYS LEDGE JUVENILE PROTECTION AREA

Point N. Lat. W. Long. Approximate Loran

coordinates

JL1 ........................................................................................................................................ 43°12.7′ 70°00.0′ 13369 44445

JL2 ........................................................................................................................................ 43°09.5′ 70°08.0′ 13437 44445

JL3 ........................................................................................................................................ 42°57.0′ 70°08.0′ 13512 44384

JL4 ........................................................................................................................................ 42°52.0′ 70°21.0′ 13631 44384

JL5 ........................................................................................................................................ 42°41.5′ 70°32.5′ 13752 44352

JL6 ........................................................................................................................................ 42°34.0′ 70°26.2′ 13752 44300

JL7 ........................................................................................................................................ 42°55.2′ 70°00.0′ 13474 44362

JL1 ........................................................................................................................................ 43°12.7′ 70°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

§ 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 § 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 § 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

§ 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
34998 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

Point N. Lat. W. Long. Approximate Loran C

bearings

.

SM1 ...................................................................................................................................... 43°03′ 70°27′ 13600 25910

SM2 ...................................................................................................................................... 42°57′ 70°22′ 13600 25840

SM3 ...................................................................................................................................... 42°47′ 70°32′ 13720 25840

SM4 ...................................................................................................................................... 42°45′ 70°29′ 13710 25810

SM5 ...................................................................................................................................... 42°43′ 70°32′ (1) 25810

SM6 ...................................................................................................................................... 42°44′ 70°39′ 13780 (1)

SM7 ...................................................................................................................................... 42°49′ 70°43′ 13780 25910

SM8 ...................................................................................................................................... 42°50′ 70°41′ 13760 25910

SM9 ...................................................................................................................................... 42°53′ 70°43′ 13760 25935

SM10 .................................................................................................................................... 42°55′ 70°40′ 25935 (1)

SM11 .................................................................................................................................... 42°59′ 70°32′ (1) 25910

SM1 ...................................................................................................................................... 43°03′ 70°27′ 13600 25910

1 3-mile line

SMALL MESH AREA 2

Point N. Lat. W. Long. Approximate Loran C

bearings

SM13 .................................................................................................................................... 43°20.3′ 69°59.4′ 13320 44480

SM14 .................................................................................................................................... 43°25.9′ 69°45.6′ 13200 44480

SM15 .................................................................................................................................... 42°49.5′ 69°40′ 13387.5 44298

SM16 .................................................................................................................................... 42°41.5′ 69°40′ 13430 44260

SM17 .................................................................................................................................... 42°34.9′ 70°00′ 13587 44260

SM13 .................................................................................................................................... 43°20.3′ 69°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°45′ 70°00′

NS2 ................... 41°45′ 69°20′

NS3 ................... 41°30′ 69°20′

Cl1 ..................... 41°30′ 69°23′

NS5 ................... 41°26.5′ 69°20′

NS6 ................... 40°50′ 69°20′

NS7 ................... 40°50′ 70°00′

NS1 ................... 41°45′ 70°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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34999

minimum mesh size specified in

paragraph (a)(2) of this section must be

stowed and unavailable for immediate

use in accordance with § 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°18.6′ 66°24.8′

G6 ..................... 40°55.5′ 66°38′

G7 ..................... 40°45.5′ 68°00′

G8 ..................... 40°37′ 68°00′

G9 ..................... 40°30.5′ 69°00′

NL3 .................... 40°22.7′ 69°00′

NL2 .................... 40°18.7′ 69°40′

NL1 .................... 40°50′ 69°40′

G11 ................... 40°50′ 70°00′

G12 ................... .................... 1 70°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

§ 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 § 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 ft2 (0.81 m2)), 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 § 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 § 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 § 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°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°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 § 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 § 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 § 648.82(b) (6) and

(7) is 7-inch (17.78-cm) diamond mesh

throughout the entire net. The minimum
35000 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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 ft2 (0.81 m2)), 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 § 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°20′ N. lat.; and

Atlantic herring, blueback herring, or

mackerel in areas north of 42°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 § 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 § 648.86(a)(2).

(2) Combination vessels fishing under

a NE multispecies DAS are subject to

the gear restrictions specified in

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

§ 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°30′ 69°23′

CI2 ..................... 40°45′ 68°45′

CI3 ..................... 40°45′ 68°30′

CI4 ..................... 41°30′ 68°30′

CI1 ..................... 41°30′ 69°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°00′ 67°20′

ClI2 ............... 41°00′ 66°35.8′

G5 ................ 41°18.6′ 66°24.8′ (the

U.S.-Canada

Maritime

Boundary)

ClI3 ............... 42°22′ 67°20′ (the

U.S.-Canada

Maritime

Boundary)

ClI1 ............... 41°00′ 67°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°50′ 69°00′

CN1 ................... 40°20′ 69°00′

CN2 ................... 40°20′ 70°20′

CN3 ................... 40°50′ 70°20′

G10 ................... 40°50′ 69°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 § 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°55.0′

NE2 ................... 43°29.6′ 68°55.0′

NE3 ................... 44°04.4′ 67°48.7′

NE4 ................... 44°06.9′ 67°52.8′

NE5 ................... 44°31.2′ 67°02.7′

NE6 ................... (1) 67°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;
35002 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(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°30′ (1)

MC2 ................... 42°30′ 70°15′

MC3 ................... 42°40′ 70°15′

MC4 ................... 42°40′ 70°00′

MC5 ................... 43°00′ 70°00′

MC6 ................... 43°00′ 69°30′

MC7 ................... 43°15′ 69°30′

MC8 ................... 43°15′ 69°00′

MC9 ................... (2) 69°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°30′ (1)

MB2 ................... 42°30′ 70°30′

MB3 ................... 42°12′ 70°30′

MB4 ................... 42°12′ 70°00′

MB5 ................... (2) 70°00′

MB6 ................... 42°00′ (2)

MASSACHUSETTS BAY CLOSURE AREA—

Continued

Point N. Lat. W. Long.

MB7 ................... 42°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.

§ 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

§ 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 § 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

§ 648.90.

(4) Hook-gear category—(i) DAS

allocation. Any vessel issued a valid

limited access multispecies hook-gear
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 ‘‘snapon’’ 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

§ 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 § 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 § 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

§ 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

§ 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

§ 648.53(e).

(f) Good Samaritan credit. Same as

§ 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
35004 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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 § 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 § 648.90.

§ 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 § 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 § 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 § 648.90.

§ 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 § 648.80(a), gillnet gear

set in an irregular pattern or in any way

that deviates more than 30° 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.

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

§ 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 § 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.

§ 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 § 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 § 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 Midcoast Closure area, as defined under

§ 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°45′ W

CCS2 ................. 40°40′ N 71°45′ W

CCS3 ................. 40°40′ N 70°30′ W

CCS4 ................. (2) 70°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

§ 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

§ 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 § 648.90(b)(3).
35006 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

§ 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

§ 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 § 648.53, provided the vessel does

not fish for, possess, or land haddock

from January 1 through June 30 as

specified under § 648.86(a)(2)(i), and

provided the vessel has at least one

standard tote on board.

§ 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 §§ 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)

Species

Inches

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.

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

(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

§ 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
35008 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

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

§ 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

State Share

(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.

§ 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

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

§ 648.102 Time restrictions.

Vessels that are not eligible for a

moratorium permit under § 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 § 648.100.

§ 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 § 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 § 648.100.

§ 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 minimummesh-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 meshsize 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°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 § 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 § 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

§ 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 § 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
35010 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

of the methods specified in § 648.23(b)

and that can be shown not to have been

in recent use is considered to be not

‘‘available for immediate use.’’

§ 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

§ 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 § 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).

§ 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 § 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, observerbased monitoring program in

accordance with § 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 NMFSapproved 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

§ 227.72(e)(4) of this title. This

requirement applies to vessels within

the EEZ bounded on the north by a line

along 37°05′ N. lat., bounded on the

south by a line along 33°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 towtime requirements, in the EEZ, after

consultation with the MAFMC, the
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 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 § 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

§ 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

§ 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 § 648.104(a)(2).

(c) Net modification and mesh

obstruction and constriction. Same as

§ 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 § 648.23(b)

and that can be shown not to have been

in recent use is considered to be not

‘‘available for immediate use.’’

§ 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