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CFR Citation: 50 CFR Part 648

Docket ID: [Docket No. 020409080-2155-04; I.D. 061402D]

RIN ID: RIN 0648-AP78

NOTICE: PROPOSED RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Proposed interim rule; request for comments.

SUBJECT CATEGORY: Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery

DATES: Comments on this proposed interim rule must be received no later than 5 p.m., local time, on July 16, 2002.

DOCUMENT SUMMARY: NMFS proposes an interim rule under section 305(c) of the MagnusonStevens Fishery Conservation and Management Act (Magnuson Stevens Act) to implement additional interim measures intended to reduce overfishing on species managed under the Northeast Multispecies Fishery Management Plan (FMP). This rule proposes additional restrictions specified in the Settlement Agreement Among Certain Parties (``Settlement Agreement''), which was ordered to be implemented by the U.S. District Court for the District of Columbia (Court) in a Remedial Order issued on May 23, 2002. The additional measures include the following: A freeze on daysatsea (DAS) at the highest annual level used from fishing years 19962000 (beginning May 1, 1996 through April 30, 2001) and a 20percent cut from that level; a freeze on the issuance of new open access Handgear permits, and a decreased cod, haddock, and yellowtail flounder possession limit for that category; increased gear restrictions for certain gear types, including gillnets, hookgear and trawl nets; restrictions on yellowtail flounder catch; and mandated observer coverage levels for all gear sectors in the Northeast (NE) multispecies fishery. This rule also proposes to continue many of the measures contained in an earlier interim final rule that was published on April 29, 2002, for this fishery. This action is necessary to bring the regulations governing the (NE) multispecies (groundfish) fishery into compliance with the Settlement Agreement Among Certain Parties (Settlement Agreement) and the Court's Remedial Order.

SUMMARY: Northeastern United States fisheries—; Northeast multispecies,

SUPPLEMENTAL INFORMATION

On December 28, 2001, a decision was rendered by the Court on a lawsuit brought by the Conservation Law Foundation (CLF), Center for Marine Conservation, National Audubon Society and Natural Resources Defense Council against NMFS (Conservation Law Foundation, et al., v. Evans, Case No. 00CVO1134, (D.D.C., December 28, 2001)). The lawsuit alleged that Framework Adjustment 33 to the FMP violated the overfishing, rebuilding and bycatch provisions of the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act) (16 U.S.C. 1801, et seq.), as amended by the Sustainable Fisheries Act (SFA). The Court granted Plaintiffs' Motion for Summary Judgment on all counts, but did not impose a remedy. Instead, the Court asked the parties to the lawsuit to propose remedies consistent with the Court's findings. Shortly thereafter, several additional parties were allowed to intervene in the lawsuit for purposes of proposing the appropriate remedy. These parties (``Intervenors'') included the States of Maine, New Hampshire, Massachusetts, and Rhode Island, and three industry groups. Additional background on the lawsuit is contained in the preamble to the interim rules published by NMFS on April 29, 2002 (67 FR 21140), May 6, 2002 (67 FR 30331), and June 5, 2002 (67 FR 38608), and is not repeated here.

From April 59, 2002, Plaintiffs, Defendants and Intervenors engaged in Courtsponsored mediation to try to agree upon mutually acceptable shortterm and longterm solutions to present to the Court as an appropriate remedy. Although these discussions ended with no agreement, several of the parties continued mediation and filed a Settlement Agreement with the Court on April 16, 2002. In addition to NMFS, the parties signing the agreement include CLF, which is one of the Plaintiff conservation groups, all four state Intervenors, and two of three industry Intervenors.

In order to ensure the implementation of protective management measures by May 1, 2002, NMFS, notwithstanding that the Court had not yet issued its Remedial Order, filed an interim final rule with the Office of the Federal Register on April 25, 2002, for publication on April 29, 2002. The interim final rule that was published on April 29, 2002, implemented measures identical to the shortterm measures contained in the Settlement Agreement filed with the Court.

On April 26, 2002, the Court issued a Remedial Order that ordered the promulgation of two specific sets of management measuresone to be effective from May 1, 2002, to July 31, 2002, and the other from August 1, 2002, until promulgation of Amendment 13 to the FMP. The Court ordered measures for the first set of measures were, in the majority, identical with those contained in the Settlement Agreement and the measures contained in NMFS' April 29, 2002, interim final rule. However, the Courtordered measures included additional provisions and an accelerated schedule of effectiveness for all measures, which were not contained in either the Settlement Agreement or the April 29, 2002, interim final rule. According to the Court, these additional provisions were included to strengthen the Settlement Agreement provisions ``in terms of reducing overfishing and minimizing bycatch without risking the lives of fishermen or endangering the future of their communities and their way of life.'' Remedial Order, p.13. Further, the Court ordered that NMFS publish in the Federal Register, as quickly as possible, an ``amended interim rule and an amended second interim rule'' that would ``include the departures from the Settlement [[Page 44140]]
Agreement incorporated in the Remedial Order.'' To comply with the Court Order, NMFS published a second interim final rule (``amended interim rule'') to modify the measures implemented through the April 29, 2002, interim final rule and to accelerate the effectiveness of the gear restrictions, as required by the Remedial Order. Because the Court's Remedial Order was not entirely consistent with the terms of the Settlement Agreement, NMFS, CLF, and the Intervenors filed motions for reconsideration with the Court, requesting that the Court implement the terms of the Settlement Agreement without change.

On May 23, 2002, the Court issued an Order, in the case of Conservation Law Foundation, et al., v. Evans et al (Case No. 001134 GK)(D.D.C. May 23, 2002) granting the motions for reconsideration on the basis that ``the important changes made by the Court in the complex and carefully crafted Settlement Agreement Among Certain Parties * * * would produce unintended consequences.'' The Court ordered that the Settlement Agreement be implemented according to its terms; that the Secretary of Commerce (Secretary) publish an interim rule, effective no later than June 1, 2002, to reduce overfishing in the first quarter of the 20022003 fishing year; that the Secretary publish another interim rule to be effective no later than August 1, 2002, to reduce overfishing beginning with the second quarter of the 20022003 fishing year, and continuing until implementation of Amendment 13 to the FMP, which complies with the overfishing, rebuilding, and bycatch provisions of the SFA; and that, no later than August 22, 2003, the Secretary promulgate such an amendment to the FMP.

In response to the May 23, 2002, Court Order, on May 31, 2002, NMFS filed an interim rule with the Federal Register (67 FR 38608, June 5, 2002) that implemented regulations for the June 1 through July 31, 2002, period, consistent with the Settlement Agreement. This proposed interim rule would implement management measures for the period August 1, 2002, through the implementation of Amendment 13, in accordance with the Settlement Agreement and the Remedial Order. Amendment 13, which will bring the FMP into full compliance with the SFA, is under development by NMFS and the New England Fishery Management Council (Council) and is intended to be implemented by August 22, 2003. This proposed rule is being proposed as an interim action necessary to reduce overfishing consistent with and pursuant to section 305(c) of the MagnusonStevens Act, while Amendment 13 is being developed. Management Measures

All measures that were in effect prior to May 1, 2002, and not amended by this proposed interim rule, remain in effect as of August 1, 2002. These measures, therefore, are not discussed specifically in the description that follows. The following management measures are proposed to be implemented on August 1, 2002. These measures are designed to reduce overfishing on all ``regulated species'' managed under the FMP.

New Regulated Mesh Areas

This interim action would redefine and divide the Gulf of Maine/ Georges Bank (GOM/GB) Regulated Mesh Area (RMA) into two areas: The GOM RMA, which is the area north of the GOM cod exemption line currently used to define the areas where the GOM cod and GB cod trip limits apply; and the GB RMA, which is that part of the current GOM/GB RMA that lies south of the GOM cod exemption line and continues south to the EEZ for the areas lying east of 69 deg.00' W. long. The Southern New England (SNE) and MidAtlantic (MA) RMAs would also be redefined. The SNE RMA would be defined as the area that lies west of the GB RMA and east of a line beginning at the intersection of 74 deg.00' W. long. and the southfacing shoreline of Long island, NY, and running southward along the 74 deg.00' W. long. line. The MA RMA would be defined as the area west of the SNE RMA. Specific management measures would apply, depending on the area fished. For the purposes of the exempted fishery programs already implemented under the FMP, the GOM/GB and SNE RMAs, as defined under Amendment 7, would remain in effect and would be referred to as Exemption Areas.

DAS Freeze

This measure proposes to establish a new DAS baseline, or ``used DAS baseline,'' for each vessel, based on the permit history of that vessel. The used DAS baseline for a limited access permit would be calculated based on the highest number of DAS that a vessel(s) fished during a single fishing year using the 1996 through 2000 fishing years, beginning May 1, 1996, through April 30, 2001, not to exceed the vessel's current DAS allocation in any given year. For vessels where the calculation of the baseline DAS would result in a net amount of DAS less than 10, the vessel would be allocated a used DAS baseline of 10 DAS. For the majority of limited access vessels, the used DAS baseline would be determined by the number of DAS calledin to the NE multispecies DAS program during the May 1, 1996, through April 30, 2001, period. For vessels fishing with a NMFSapproved Vessel Monitoring System (VMS), NE multispecies DAS for each trip would be determined based on when the first hourly location signal was received showing that the vessel crossed the VMS Demarcation Line leaving port, until the first hourly location signal was received showing that the vessel crossed the VMS Demarcation Line upon its return to port, unless the vessel's authorized representative declared the vessel out of the NE multispecies fishery for a specific time period by notifying the Regional Administrator, Northeast Regional Office, NMFS (RA) through the VMS prior to the vessel leaving port. Because some NE multispecies limited access vessels that are currently required to fish under the NE multispecies DAS program were exempt from the DAS requirements prior to July 1, 1996, the implementation date of Amendment 7 (61 FR 2270, May 31, 1996); i.e., vessels in the 45ft (13.7m)andless, HookGear and Gillnet permit categories; NE multispecies DAS for these vessels during the period May 1, 1996, through June 30, 1996, would be determined based on information derived from the Vessel Trip Reports (VTRs), provided that the VTRs were submitted to NMFS prior to April 9, 2002. The procedure for determining a vessel's used DAS baseline would be the same for vessels that currently possess a Confirmation of Permit History. Vessels that have a valid NE multispecies limited access Small Vessel category permit (vessels 30 ft (9.1 m) or less in length overall) would remain exempt from the NE multispecies DAS restrictions.

As noted above, the used DAS baseline would be calculated based upon historic DAS use associated with the currently valid limited access permit. The DAS associated with a particular permit history may not equal the DAS associated with a particular vessel because vessels may be replaced and the permits transferred from one vessel to another. NMFS will notify vessel owners in writing of their NE multispecies used DAS baselines. A vessel's used DAS baseline may be appealed to the Regional Administrator by August 31, 2002. The request to appeal must be in writing and provide credible evidence that the information used by the Regional Administrator in making the determination of the vessel's used DAS baseline was based on
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mistaken or incorrect data. The decision on appeal shall be determined solely on the basis of written information submitted, unless the Regional Administrator specifies otherwise. The Regional
Administrator's decision on appeal is the final decision of the Department of Commerce.

DAS Effort Reduction

This measure would reduce the vessel's baseline level of used DAS, calculated as described above, by 20 percent. This measure would be specific to the 2002 fishing year, beginning May 1, 2002, through April 30, 2003, and for the 2003 fishing year, beginning May 1, 2003, until implementation of Amendment 13 to the FMP. For the 2002 fishing year, NE multispecies DAS that were fished by a vessel during the period May 1 through July 31, 2002, would be deducted from that vessel's total allocated DAS. That is, each vessel's DAS allocation for August 1, 2002, through April 30, 2003, would be equal to that vessel's used DAS baseline, minus 20 percent of that vessel's used DAS baseline, minus the DAS that vessel fished during May through July, 2002. During the period May 1 through July 31, 2002, all NE multispecies DAS vessels are subject to a minimum of 15 hours for each NE multispecies DAS trip that exceeded 3 hours. For the purposes of determining NE multispecies DAS used during the period May through July, 2002, DAS would be counted based on the 15hour minimum restriction for day gillnet vessels only. DAS for all other vessels fishing under a NE multispecies DAS during May through July, 2002, would be counted as actual time.

Vessels for which the amount of NE multispecies DAS available for use as of August 1, 2002, would be less than or equal to the DAS fished during the May through July 2002, period, the vessel would be left with zero NE multispecies DAS for the remainder of the fishing year, unless the vessel had carryover DAS from the previous fishing year (see description below of how carryover DAS would apply).

Vessels that have a monkfish Category C or D permit (i.e., vessels that possess both a monkfish and a limited access NE multispecies DAS permit) must run both their monkfish DAS clock and the NE multispecies DAS clock concurrently when fishing under a monkfish DAS. Limited access monkfish permit holders are allocated 40 monkfish DAS (under the monkfish FMP). Under the proposed measure, vessels for which the NE multispecies DAS reduction would result in the vessel having more monkfish DAS allocated than NE multispecies DAS, such vessels could still fish under a monkfish DAS when NE multispecies DAS are no longer available, but would then be required to fish under the provisions of a monkfish Category A or B vessel, i.e., limited access monkfish vessels that do not possess a limited access NE multispecies permit. For example, if a monkfish category D vessel's NE multispecies DAS allocation were 30, and the vessel fished 30 monkfish DAS, 30 NE multispecies DAS would also be used. However, after all 30 NE multispecies DAS were used, the vessel could utilize its remaining 10 monkfish DAS to fish on monkfish, without a NE multispecies DAS being used, provided that the vessel fishes under the regulations pertaining to a category B vessel and does not retain any regulated multispecies. DAS CarryOver From Fishing Year 2001

Under measures promulgated through a previous NE multispecies interim final rule (67 FR 21140, April 29, 2002), effective May 1, 2002, through July 31, 2002, a vessel is allowed to use no more than 25 percent of its annual NE multispecies DAS allocation during MayJuly, 2002. However, because carryover DAS are not considered part of a vessel's allocated DAS, carryover DAS from the previous fishing year are not allowed to be used when determining the 25percent of DAS that can be used during the MayJuly, 2002, period; consequently, carryover DAS are not allowed to be fished during that period. Under this proposed interim rule, vessels would be allowed to fish any carryover DAS from the 2001 fishing year beginning August 1, 2002, through April 30, 2003. These carryover DAS would be in addition to the vessel's 2002 NE multispecies DAS allocation and would, therefore, be factored into that vessel's total NE multispecies DAS available for the 2002 fishing year, after the 20percent DAS reduction and after the DAS fished during the MayJuly period are deducted from that vessel's used DAS baseline. For example, if a vessel's used DAS baseline is 50 DAS and it has carryover DAS from fishing year 2001, its total DAS for the fishing year would equal: 50 DAS 20 percent of used DAS baseline (10 DAS)DAS fished during MayJuly 2002 + carryover DAS from fishing year 2001. If the vessel fished 22 DAS during MayJuly and had 10 carryover DAS from fishing year 2001, under this example the vessel would be allowed to fish up to 28 DAS during the period August 1, 2002, through April 30, 2003 (50 DAS 10 DAS 22 DAS + 10 DAS = 28 DAS). Freeze on Issuance of New Handgear Permits

Under this proposed interim rule, vessels that have never been issued an open access NE multispecies Handgear permit, or that have not applied for an open access Handgear permit by August 1, 2002, would be prohibited from obtaining a Handgear permit for the duration of this action.

Prohibition on FrontLoading the DAS Clock

NE multispecies regulations prior to May 1, 2002, require that, at the end of a vessel's trip, upon its return to port, the vessel owner or owner's representative must call NMFS to notify NMFS that the trip has ended, thus ending a DAS. However, there is no restriction on when a vessel can start its DAS clock. Consequently, some vessel owners start their DAS clock well in advance of the actual departure of the vessel, a practice known as ``frontloading.'' Frontloading is prohibited through July 31, 2002, as a result of the interim rule published April 29, 2002; this proposed interim rule would continue that prohibition for the duration of this action.

Under this proposed measure, a vessel owner or authorized representative would be required to notify NMFS no earlier than 1 hour prior to the vessel leaving port to fish under the NE multispecies DAS program. A DAS would begin once the call has been received and a confirmation number is given. This measure would apply in all management areas.

Closed Area Additions/Modifications

This measure would implement additional seasonal and yearround area closures. Specifically, this action proposes to continue, in its current configuration, the closure of the Western Gulf of Maine (WGOM) Area Closure. This action would also expand Rolling Closure Area III by closing area blocks 124 and 125 for the month of May, 2003, and expand Rolling Closure Area IV by closing area blocks 132 and 133 for the month of June, 2003. This action would further expand the Bank Seasonal Closure Area by closing blocks 80 and 81 and the portion of blocks 118 120 that are south of 42 deg.20' N. lat. during the month of May, 2003.

Additionally, the Cashes Ledge Closure Area, in its original configuration, would be closed for the duration of the interim final rule.

Exemptions to the current GOM rolling closure areas would remain the
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same for the expanded rolling closures and the expanded GB Seasonal Closure Area that would be implemented by this proposed interim rule. All of the current exemptions are proposed to apply to the WGOM and Cashes Ledge Closure Areas, with the following exceptions: Vessels are prohibited from fishing with scallop dredge gear or fishing in the Raised Footrope Trawl Exempted Whiting Fishery.

Finally, this interim action would open an inshore area from January through March, which corresponds to area blocks 124 and 125, by eliminating the groundfish January Massachusetts BayStellwagen Bank Conditional Closure Area and the February Rolling Closure Area VI, and by eliminating blocks 124 and 125 from the March Rolling Closure Area I. All other closure areas would remain unchanged. Charts of the proposed closure areas are available from the Regional Administrator upon request (see ADDRESSES).
Gear Restrictions
Trawl Vessels When Fishing in the GOM, GB, and MidAtlantic RMAs

Under this proposed interim rule, vessels fishing with otter trawl gear, and fishing any part of a NE multispecies DAS in the GOM, GB, or MidAtlantic RMAs, would be required to fish with a minimum 6.5inch (16.5cm) diamond or square mesh codend. This requirement applies only to the codend of the net; the minimum meshsize for the remaining portion of the net would remain unchanged, i.e., 6.0inch (15.2cm) diamond mesh or 6.5inch (16.5cm) square mesh, or any combination thereof, throughout the remaining portion of the net. Trawl vessels that currently fish with 6.5inch (16.5cm) square mesh throughout the entire net would not be subject to mesh changes under the proposed interim rule. For vessels fishing with a 6.5inch (16.5cm) diamond mesh codend, or for vessels fishing with a 6.5inch (16.5cm) square mesh codend and a combination of square mesh and diamond mesh throughout the remaining portions of the net, the codend would be defined as follows: 25 meshes for diamond mesh, or 50 bars in the case of square mesh, from the terminus of the net for vessels 45 ft (13.7 m) in length and less; and 50 meshes for diamond mesh, or 100 bars in the case of square mesh, from the terminus of the net for vessels greater than 45 ft (13.7 m) in length.

Trawl Vessels When Fishing in the SNE RMA

Under this proposed interim rule, when fishing any part of a NE multispecies DAS in the SNE RMA, otter trawl vessels would be required to fish with a minimum 7.0inch (17.8cm) diamond or 6.5inch (16.5cm) square mesh codend. This requirement would apply only to the codend of the net; the minimum meshsize for the remaining portion of the net would remain unchanged, i.e., 6.0inch (15.2cm) diamond mesh or 6.5 inch (16.5cm) square mesh, or any combination thereof, throughout the remaining portion of the net. As in the GOM and GB RMAs, trawl vessels that currently fish with 6.5inch (16.5cm) square mesh throughout the entire net would not be subject to mesh changes under this rule. For vessels fishing with a 7.0inch (17.8cm) diamond mesh codend, or for vessels fishing with a 6.5inch (16.5cm) square mesh codend and a combination of square mesh and diamond mesh throughout the remaining portions of the net, the codend would be defined as described above under the GOM and GB trawl mesh restrictions.

Gillnet Vessels When Fishing in the GOM RMA

Under this proposed interim rule, limited access NE multispecies vessels that fish under a NE multispecies DAS with gillnet gear in the GOM RMA at any time throughout the fishing year would be required to declare into the Day or Trip gillnet category. Vessels that obtain an annual designation as a Trip gillnet vessel, when fishing in the GOM RMA during any part of a trip under a NE multispecies DAS, would be required to fish with nets with a minimum of 6.5inch (16.5cm) mesh and would be restricted to 150 nets, with one tag fixed to each net. Multispecies vessels that obtain an annual designation as a Day gillnet vessel would be allowed to fish up to 100 nets, provided that, when fishing any part of a trip under a NE multispecies DAS in the GOM RMA, the vessel complies with the following specifications: When fishing with flatfish nets, vessels could fish no more than 100 nets, with a minimum mesh size of 7 inches (17.8 cm), with one tag affixed to each net; and when fishing with roundfish nets, vessels would be restricted to fishing during July through February of each fishing year only, and would be allowed to fish no more than 50 nets with a minimum mesh size of 6.5 inches (16.5 cm) and with two tags affixed to each net. Any tag not affixed to a net would have to be retained on the vessel and be immediately available for inspection.

Gillnet Vessels When Fishing in the GB RMA

Under this proposed interim rule, limited access NE multispecies vessels that fish under a NE multispecies DAS with gillnet gear in the GB RMA at any time throughout the fishing year would be required to declare into the Day or Trip gillnet category. Vessels fishing under either the Day or Trip gillnet category in the GB RMA during any part of a trip under a NE multispecies DAS, would be required to fish with nets with a minimum of 6.5inch (16.5cm) mesh and would be restricted from fishing more than 50 nets, with two tags fixed to each net. Gillnet Vessels When Fishing in the SNE RMA

Under this proposed interim rule, limited access NE multispecies vessels that fish under a NE multispecies DAS with gillnet gear in the SNE RMA at any time throughout the fishing year would be required to declare into the Day or Trip gillnet category. Vessels fishing under either the Day or Trip gillnet category in the SNE RMA during any part of a trip under a NE multispecies DAS, would be required to fish with nets with a minimum of 6.5inch (16.5cm) mesh and would be restricted from fishing more than 75 nets, with two tags fixed to each net. Gillnet Vessels When Fishing in the MidAtlantic RMA

The minimum mesh size restrictions and number of nets required for gillnet vessels when fishing in the MidAtlantic RMA under a NE multispecies DAS would remain unchanged. That is, vessels would be allowed to continue to fish up to 160 nets. This net restriction is different than the net restriction of 150 nets, as in the Settlement Agreement and Court order, for vessels fishing under the monkfish DAS program.

Gillnet Vessels When Fishing Under a Monkfish DAS

Under this proposed interim rule, monkfish vessels that have a monkfish limited access Category C or D permit (i.e., vessels that possess both a monkfish and NE multispecies limited access permit) and that are fishing under a monkfish DAS in all areas would be restricted from fishing more than 150 nets, provided the vessel fishes with nets with a minimum mesh size of 10 inches (25.4 cm). Vessels would be required to affix one tag to each net.
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Category A and B monkfish vessels would be unaffected by the proposed measures.

LargeMesh Vessel Permit Categories

Under this proposed interim rule, vessels that have a valid limited access NE multispecies Large Mesh Individual DAS category or a Large Mesh Fleet DAS category permit would be required to fish with nets with mesh that is 2.0 inches (5.1cm) larger than the current regulated mesh size when fishing under the NE multispecies DAS program. That is, when fishing in the GOM, GB, and SNE RMAs, vessels fishing with trawl nets or sink gillnets would be required to fish with nets with a minimum mesh size of 8.5inch (21.6cm) diamond or square mesh throughout the entire net. Vessels fishing with trawl nets or sink gillnets when fishing in the MidAtlantic RMA would be required to fish with nets with a minimum mesh size of 7.5inch (19.0cm) diamond or 8.0inch (20.3cm) square mesh throughout the entire net.

HookGear Vessels

Under this proposed interim rule, vessels that have a valid NE multispecies limited access HookGear permit would be prohibited from using dehookers (crucifiers) with less than 6inch (15.2cm) spacing between the fairlead rollers. HookGear permitted vessels that are fishing any part of a NE multispecies DAS trip in the GOM, GB or SNE RMAs would be required to use 12/0 or larger circle hooks. In addition, HookGear vessels that are fishing any part of a DAS trip in the GOM, GB and SNE RMAs would be subject to a maximum number of rigged hooks on board the vessel. Specifically, vessels fishing in the GOM or SNE RMAs would be restricted from possessing more than 2,000 rigged hooks, and vessels fishing in the GB RMA would be restricted from possessing more than 3,600 rigged hooks.

Table 1 summarizes the gear restriction measures for each gear sector when fishing in the various RMAs.
BILLING CODE 351022P
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[GRAPHIC] [TIFF OMITTED] TP01JY02.056
BILLING CODE 351022C

Cod Minimum Fish Size (Commercial Vessels)

Under this proposed interim rule, the minimum size for cod that may be lawfully sold would be 22 inches (55.9 cm)(total length). NE Multispecies Possession Restrictions

Yellowtail Flounder

This proposed interim rule would require enrollment in one of two exemption programs for any possession of yellowtail flounder and implement restrictions on the harvest of yellowtail flounder when fishing west or south of the GB RMA. During the period March 1 through May 31, all vessels would be subject to a possession and landing limit of 250 lb (113.4 kg) of yellowtail flounder per trip when fishing any part of a trip in the SNE RMA north of 40 deg.00' N. lat. In addition, during the period June 1 through February 28, all vessels
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would be subject to a possession and landing limit of 750 lb (340.3 kg) of yellowtail flounder per day, and a maximum trip limit of 3,000 lb (1,361.2 kg) per trip when fishing any part of trip in the SNE RMA north of 40 deg.00' N. lat. Vessels fishing for yellowtail flounder in the SNE RMA north of 40 deg.00' N. lat. would be allowed to possess and land up to the seasonal yellowtail allowable limits, provided the vessel does not fish south of 40 deg.00' N. lat. and has on board a SNE yellowtail flounder exemption certificate issued by the RA. Under this proposed interim rule, all vessels would be prohibited from possessing yellowtail flounder in the MA or SNE RMAs unless fishing north of 40 deg.00' N. lat., or unless the vessel is transiting areas south of 40 deg.00' N. lat. and all fishing gear on board the vessel is properly stowed according to the regulations. Vessels fishing east or north of the SNE RMA would not be subject to the yellowtail flounder possession limit restrictions, provided that the vessel does not fish west of the GB RMA, and posseses on board a GOM/GB yellowtail flounder exemption certificate issued by the RA. Vessels exempt from the yellowtail possession limit requirements could transit areas outside of the specific exempted area that they are fishing, provided that their gear is stowed in accordance with one of the provisions of Sec. 648.23(b). Handgear Permitted Vessels

Under this proposed interim action, the cod, haddock and yellowtail flounder possession limit for vessels that have been issued a valid open access Handgear permit would be reduced to 200 lb (90.7 kg), combined, per trip.

GB Cod Trip Limit Modification

This action would modify how the DAS clock would accrue for those vessels fishing in the GB RMA and harvesting GB cod. The GB cod trip limit would be maintained at 2,000 lb (907.2 kg) per DAS, up to a maximum possession limit of 20,000 lb (9,071.8 kg) per trip. A vessel subject to this landing limit restriction would come into port with, and offload, cod in excess of the landing limit, as determined by the number of DAS elapsed since the vessel called into the DAS program, provided that the vessel operator does not call out of the DAS program and does not depart from a dock or mooring in port until the rest of the additional 24hr block of the DAS has elapsed, regardless of whether all of the cod on board is offloaded. For example, a vessel that has been called into the DAS program for 25 hr, at the time of landing, may land only up to 4,000 lb (1,814.8 kg) of cod, provided the vessel does not call out of the DAS program or leave port until 48 hr have elapsed from the beginning of the trip. This modification is consistent with the GOM cod trip limit provisions in the NE multispecies regulations. A vessel that would be required to remain in port for the time that it must run its DAS clock could transit to another port during that time, provided the operator notifies the Regional Administrator according to provisions specified in Sec. 648.86(b)(3).

GOM Cod

This action would increase the daily possession limit for GOM cod from 400 lb (181.8 kg) per DAS to 500 lb (227.3 kg) per DAS. The maximum possession limit would remain at 4,000 lb (1,818.2 kg) per trip.

Recreational and Charter/Party Vessel Restrictions

Under this action, the minimum size for cod and haddock that may be retained by a federally permitted charter/party vessel not on a DAS, or a private recreational vessel not holding a Federal permit and fishing in the EEZ, would be 23 inches (58.4 cm) total length.

This action would implement a cod and haddock bag (possession) limit for the charter/party recreational fishing sector when a vessel is fishing in the GOM RMA and not under a DAS. During the period April through November, each person on a charter/party vessel not under a DAS would be allowed to possess no more than 10 cod or haddock, combined, per trip. For each trip during the period December through March, each person on a charter/party vessel not under a DAS would be allowed to possess no more than 10 cod or haddock combined, no more than 5 of which could be cod. This action would further restrict the cod possession limit for private recreational vessels by requiring that, when fishing in the GOM RMA during the period December through March, each person on a recreational vessel would be allowed to possess no more than 10 cod or haddock combined, no more than 5 of which could be cod. Cod and haddock harvested by recreational vessels with more than one person aboard could be pooled in one or more containers. Compliance with the possession limit would be determined by dividing the number of fish on board by the number of persons on board.

For a vessel that intends to charter/party fish in the GOM closed areas, this proposed interim rule would require that the vessel possess on board a letter of authorization (LOA) issued by the RA. This LOA would be required for the entire fishing year if the vessel intends to fish in the yearround GOM closure areas, and for a minimum of 3 months if the vessel intends to fish in the seasonal GOM closure areas. Vessels could obtain an LOA by calling the NMFS Permit Office at 978 2819370.

All other existing recreational measures remain unchanged, including the nosale provision for all fish caught for both the party/ charter and private recreational sectors when not fishing under a NE multispecies DAS. Table 2 summarizes the party/charter and private recreational sector measures.
Table 2.Charter/Party and Private Recreational Fishing Measures Minimum fish
size, inches GOM closure exemption cod & haddock Bag limit (combined) authorization \1\
Charter/party not on a DAS............ 23 AprilNovember: 10 cod/haddock A minimum of 3 months, \2\. or duration of closure. DecemberMarch: 10 cod/ haddock, no more than 5 which can be cod \2\. Private Recreational.................. 23 Areas outside of GOM RMA: 10 N/A cod/haddock.

FOR FURTHER INFORMATION CONTACT Thomas Warren, Fishery Policy Analyst, phone: 9782819347, fax: 9782819135; email: thomas.warren@noaa.gov