[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Rules and Regulations]
[Page 46871-46877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au06-8]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060606151-6208-02; I.D. 051906A]
RIN 0648-AU33
Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Framework Adjustment 43
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements Framework Adjustment 43 (Framework 43) to the
NE Multispecies Fishery Management Plan (FMP), which addresses the
incidental catch of NE multispecies by vessels fishing for Atlantic
herring by establishing a Herring Exempted Fishery. Vessels issued a
Category 1 Atlantic herring fishing permit (Category 1 vessels) are
authorized to possess incidentally caught haddock until the catch of
haddock reaches the level specified as an incidental haddock catch cap;
upon attainment of the haddock catch cap, all herring vessels are
limited to 2,000 lb (907 kg) of herring per trip, if any of the herring
on board was caught within the Gulf of Maine/Georges Bank (GOM/GB)
Herring Exemption Area defined in Framework 43. Herring Category 1
vessels are also authorized to possess up to 100 pounds (45 kg) of
other regulated multispecies (cod, witch flounder, plaice, yellowtail
flounder, pollock, winter flounder, windowpane flounder, redfish, and
white hake), and are required to provide advance notification of their
intent to land for purposes of enforcement. Atlantic herring processors
and dealers that sort herring catches as part of their operations are
required to cull and report all haddock.
DATES: Effective August 15, 2006.
ADDRESSES: Copies of supporting documents, including the Regulatory
Impact Review, Final Regulatory Flexibility Analysis (RIR/FRFA), and
Essential Fish Habitat Assessment are available from Paul J. Howard,
Executive Director, New England Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950. The RIR/FRFA is also accessible
via the Internet at http://www.nero.gov.
FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy
Analyst, (978) 281-9259, fax (978) 281-9135.
[[Page 46872]]
SUPPLEMENTARY INFORMATION:
Background
A proposed rule for this action was published in the Federal
Register on June 21, 2006 (71 FR 35600), with public comment accepted
through July 6, 2006. The final measures, with two exceptions, are
unchanged from those that were proposed, and are summarized below. A
complete discussion of the development of the measures appears in the
preamble to the proposed rule and is not repeated here.
Management Measures
This action: (1) Authorizes the possession of haddock by Category 1
vessels up to the amount established as a cap on total haddock catch by
such vessels; (2) establishes a cap on the amount of haddock that can
be caught by Category 1 vessels that is equal to 0.2 percent of the
total combined target total allowable catch (TAC) for GOM and GB
haddock (the haddock catch cap specified is applicable to the NE
multispecies fishing year (May 1--April 30), which differs from the
herring fishing year (January 1--December 31)); (3) establishes a
Herring Exempted Fishery and defines a GOM/GB Herring Exemption Area in
which any herring permitted vessel that catches any herring from this
area is limited to 2,000 lb (907 kg) per trip when the haddock catch
cap is attained; (4) authorizes Category 1 vessels to possess an
incidental catch of up to 100 lb (45 kg) of regulated NE multispecies
other than haddock (cod, witch flounder, plaice, yellowtail flounder,
pollock, winter flounder, windowpane flounder, redfish, and white
hake); (5) suspends the minimum fish size for NE multispecies possessed
by Category 1 vessels; (6) prohibits Category 1 vessels from selling
haddock for human consumption and prohibits dealers from purchasing
haddock from such vessels for human consumption; (7) requires herring
processors that cull landings to report all culled haddock, and retain
such haddock for 12 hr for inspection by enforcement officials; and (8)
requires Category 1 vessels to provide advance notification of landing
via the Vessel Monitoring System (VMS).
This final rule clarifies the applicability of the haddock
processor requirements to at-sea processors by specifying that they
must retain all culled haddock for 12 hr after landing. The proposed
rule required all processors to cull and retain haddock for 12 hours.
The final rule will apply this to at-sea processors by requiring them
to retain all culled haddock for 12 hours after landing.
This final rule also clarifies the scope of the prohibition on
discarding haddock at sea by Category 1 vessels. The proposed rule
included a provision that would have prohibited Category 1 vessels from
discarding haddock at sea without an explicit description or definition
of what constitutes ``discarding haddock at sea.'' As a result of
comments received on this measure concerning how the fishery operates
and potential safety concerns, and in light of the enforceability of
this measure, this action clarifies that prohibition. This final rule
specifies that the prohibition on discarding haddock at sea applies
only to haddock pumped into the hold or brought onto the deck of a
Category 1 vessel. The reasons for this clarification are more fully
discussed in the response to comment 1.
These changes from the proposed rule to this final rule are logical
outgrowths of the proposed rule and are authorized under section 305(d)
of the Magnuson-Stevens Fishery Conservation and Management Act because
they are necessary to ensure that Framework 43 measures are effectively
carried out.
Comments and Responses
Three comments were received on the proposed measures, from the
Maine Department of Marine Resources (MEDMR), the East Coast Pelagic
Association (ECPA), and Oceana.
Comment 1: All three organizations commented on the proposed
requirement that would have prohibited Category 1 vessels from
discarding haddock at sea. The ECPA raised concerns, stating that
vessels that pump catch aboard could experience compromised safety if
they were required to bring every codend on board to sort it for
haddock. If the vessel's hold is already full, bringing additional
catch on board to sort it could cause stability problems. The ECPA
claimed that the proposed provision would fail to comply with national
standards 9 and 10, which require, respectively, that, to the extent
practicable, management measures minimize bycatch and promote safety at
sea. The MEDMR echoed these concerns. In contrast, Oceana argued that
the proposed measure, that would require vessels to retain all haddock
that they catch, would allow fishermen to sample the catch and release
codends if the catch contains haddock or other species. Oceana wants
the provision to either require retention of haddock or limit or
prohibit the dumping of codends.
Response: NMFS acknowledges that the proposed rule's prohibition on
discarding haddock at sea was broadly worded, which prompted comments
concerning safety and operational issues. To address these comments and
clarify what constitutes discarding haddock at sea, NMFS has modified
the regulations prohibiting the discard of any haddock that is pumped
into the hold or brought onto the deck of a Category 1 vessel. The key
issue in determining the scope of the prohibition on discarding haddock
at sea is determining what is the most practicable and enforceable way
to account for haddock caught in the herring fishery. A herring vessel
might have valid operational and safety reasons for not being able to
bring a codend on board in certain cases. In such circumstances, it is
not possible to determine if the net contains haddock, and if so, how
much. From the perspective of enforceability, it is unlikely a case
could be made that the vessel failed to retain haddock. From the
perspective of data collection, it is unlikely that haddock bycatch
could be effectively monitored and estimated. However, once the net and
the codend are brought on deck, or once the fish is pumped from the net
into the hold, it is possible to determine how much haddock is among
the catch. This can be done through culling the catch on board, having
observers take samples, or, in cases where the catch is delivered to a
processing facility, requiring the processor to cull and retain the
haddock, as this action will require. Therefore, the most practicable
and enforceable application of the prohibition on discarding haddock is
to limit it to prohibiting the discard of haddock pumped into the hold
or brought onto the deck of a Category 1 vessel.
NMFS is concerned about reported industry practices in which
vessels may continue fishing and bring in large hauls of fish when
there is a relatively small amount of space left in the hold to
accommodate those fish. This type of behavior forces a vessel to waste
herring as well as any bycatch in the codend and, further, it does not
allow for effective or accurate monitoring of haddock bycatch, which is
essential for determining whether the haddock bycatch quota is reached.
And, as noted by the commenters, such behavior could compromise the
safety of the fishing operations. NMFS agrees with the commenters that
safety at sea is very important. As a result, NMFS strongly encourages
the industry members to modify their fishing strategies to avoid unsafe
and wasteful practices.
Comment 2: Oceana proposed that the 0.2-percent haddock catch cap
should be lowered because of the way in which it was established. The
Council
[[Page 46873]]
originally proposed to set the cap at 1 percent, and then decided to
pro-rate it, based on an assumed level of observer coverage of 20
percent. The 0.2-percent haddock catch cap was arrived at by
multiplying the 20-percent observer coverage times the 1-percent cap
originally proposed. Oceana stated that the Northeast Fisheries Science
Center has indicated that the level of observer coverage in the near-
term is likely to be less than 20 percent. As a result, Oceana believes
that NMFS must reduce the haddock catch cap accordingly, to reflect the
reduced level of observer coverage. Oceana argues that the cap must be
reduced because the Council adopted a ``methodology'' to set the cap,
which relied on multiplying the percentage coverage times 1 percent to
determine the actual cap.
Response: Oceana's request is based on an erroneous assumption
about the measure. While the Council may have initially considered the
percent observer coverage as the basis for the 0.2-percent cap, it
ultimately specified it as an absolute value. The 0.2-percent cap has
been determined to provide sufficient protection to the haddock stocks
by constraining any bycatch in the herring fishery to biologically
insignificant levels. At the same time, this small allowance enables
the valuable herring fishery to operate under a reasonable level of
constraint.
Comment 3: Oceana is concerned that, because the haddock catch cap
is calculated by multiplying 0.2 percent times the total of the
combined TACs for GOM and GB haddock, the haddock catch cap will
increase if the combined TACs increase. Instead of allowing this to
happen, Oceana wants NMFS to change the cap-calculation, preferably by
reducing the cap over time.
Response: As noted above, Framework 43 specifies an absolute value
for calculating the catch cap and NMFS cannot unilaterally change it in
this action. However, the suggestion by Oceana runs contrary to the
philosophy of the cap. The cap is predicated upon the assumption that
the herring fishery can catch a certain percentage of haddock yet still
not do any damage to the sustainability of the haddock stock. If the
haddock stocks increase, the bycatch cap would increase, and if the
haddock stocks decrease, the bycatch cap would decrease. Such a system
is adequate to ensure that haddock catch in the herring fishery remains
at levels that are not of biological concern and that are also in line
with the expected encounter rate of haddock by the herring fishery.
Comment 4: Oceana commented that this action should require at-sea
observer coverage, shoreside monitoring, and a real-time system to
publicly report bycatch.
Response: The measures established by Framework 43 include
reporting by vessels, dealers, and law enforcement agents; requiring
certain herring processors to cull landings made by limited access
herring vessels and retain haddock for inspection by enforcement
officials; and a requirement for all limited access directed fishery
holders to provide advance notification of landings via VMS. These are
the same reporting measures as those that were used under the emergency
measures that were put in place in 2005, and NMFS considers them
adequate to monitor and estimate bycatch of haddock and other species.
As was done under the emergency action, NMFS will publicly report
haddock catch through the landings reports on its website as soon as
that information is available.
Comment 5: Oceana expressed concern that the requirements for
processors to cull, report, and retain for inspection haddock catch for
12 hr could be ineffective when applied to at-sea processors because of
the location of the processor at sea.
Response: The current regulations that govern shoreside processors
also apply to at-sea processors. To maintain that consistency, NMFS has
clarified the regulatory language in the final rule to specify that at-
sea processors must retain all culled haddock for 12 hr after landing.
This would provide the same opportunity for inspection, regardless of
whether the processor is an at-sea or a shoreside processor.
Comment 6: Oceana commented that Framework 43 should establish a
real-time method of reporting all species landed and discarded under
this framework. Oceana viewed this as an expansion of the reporting
requirements.
Response: The Northeast Region mandatory reporting requirements
currently require the owner/operator of any federally permitted herring
vessel to report all species landed or discarded through the fishing
vessel trip reports (FVTRs), regardless of species fished for or
harvested. NMFS believes that the system of reporting established under
this framework is adequate to keep track of bycatch in this fishery and
to ensure the integrity of the haddock bycatch cap.
Comment 7: Oceana noted that, in its view, NMFS did not publish the
proposed rule for Framework 43 in an expeditious manner, after
submission of the Framework by the Council on February 23, 2006. As a
result, final measures could not be in place prior to the expiration of
the emergency action, and this limited the effectiveness of the
Framework for 2006. In Oceana's view, the agency must explain why it
unlawfully delayed the rule and how it would prevent similar delays in
the future.
Response: NMFS reviews all Council submissions as carefully and
quickly as possible to determine that the submission complies with all
legal requirements sufficiently to support publication of the proposed
rule. Following public comment, NMFS considers all of the issues raised
by the commenters, prepares responses to each comment, and makes the
decision to approve or disapprove the action.
Comment 8: ECPA claimed that the status of the haddock full
retention measure, as included in the proposed rule, is not clear in
the record, and that the ``Council staff clearly indicated that
language in the framework was to be based on measures found in the
previous emergency action,'' and that ``the emergency action contained
no catch retention measures.'' As a result, ECPA asserts that neither
the Council members or members of the public realized that the full
retention measure would be part of Framework 43.
Response: The framework was based on measures found in the
emergency action, as well as additional elements added by the Council
during its deliberations. The full retention/no discarding of haddock
measure was included in the framework, by the Council, and was
discussed and approved by the Council, although the scope of the
meaning of full retention/no discarding of haddock was not clearly
discussed in the framework, as noted in the response to comment 1. The
Council was aware that the emergency measure did not contain the full
retention/no discarding of haddock provision, yet they still voted to
include it in the framework. Furthermore, during the review of
Framework 43, NMFS confirmed with Council staff that the Council had
intended to include the full retention/no discarding of haddock
provision.
Changes From the Proposed Rule
NMFS has made several changes to the proposed rule as a result of
public comment. These changes are listed below in the order that they
appear in the regulations.
In Sec. 648.14, paragraph (a)(169) has been added in response to
comments from the public to clarify the applicability of the
requirement to at-sea processors.
[[Page 46874]]
Paragraph (bb)(19) has been reserved because the language that
currently appears on that paragraph is redundant.
In Sec. 648.15, paragraph (d) has been modified to clarify the
applicability of the provision.
Classification
The Administrator, Northeast Region, NMFS, has determined that
Framework 43 is necessary for the conservation and management of the
herring fishery and that it is consistent with the Magnuson-Stevens
Fishery Conservation and Management Act and other applicable laws.
This action relieves participants in the herring fishery from the
existing restrictions that prohibit any possession of NE multispecies
by Category 1 herring vessels and, as a result, this rule is not
subject to the 30-day delayed effectiveness provision of the
Administrative Procedure Act pursuant to 5 U.S.C. 553(d)(1). It allows
Category 1 herring vessels to possess haddock up to the amount
specified as a haddock catch cap, to possess up to 100 lb (45 kg) of
other NE regulated multispecies, and to be exempt from the minimum size
requirement for all NE multispecies in their possession.
The NE Multispecies fishing regulations currently in effect
prohibit Category 1 herring vessels from possessing any NE
multispecies. As a result, the owners of midwater trawl vessels are
delaying the start of the summer herring fishery on GB because of their
concern that the retention of any amount of NE multispecies would be a
violation of the regulations. The Council became aware of this issue in
July 2004, when NMFS's Office of Law Enforcement (OLE) observed
prohibited juvenile haddock in catches being landed by midwater trawl
vessels fishing for herring on GB. The Council established a Bycatch
Committee later that year to look into the matter and make
recommendations to the Council. The Bycatch Committee met several times
to consider the issue, and recommended to the Council on March 30,
2005, that herring vessels should be allowed to catch haddock until the
catch reached a specified level. Also on March 30, 2005, the Council
voted to formally request emergency action by NMFS to address this
unforeseen event. The Council discussed the issue further at subsequent
meetings and voted on November 17, 2005, to establish the Council
meeting that day as the initial meeting to develop permanent measures
to address the issue in Framework 43. The Council adopted the Framework
43 measures for submission to NMFS on February 2, 2006.
NMFS established emergency measures through a rule published on
June 13, 2005 (70 FR 34055), and extended those measures for 180 days
on December 8, 2005 (70 FR 72934). The emergency rule expired on June
6, 2006. The Council moved expeditiously to develop permanent measures
to address this previously unforeseen management issue, but was unable
to finalize Framework 43 in time to avoid a hiatus between the
emergency regulations and the measures proposed in Framework 43.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared.
Included in this final rule is the FRFA prepared pursuant to 5 U.S.C.
604(a). The FRFA incorporates the discussion that follows, the comments
and responses to the proposed rule, and the initial regulatory
flexibility analysis (IRFA) and other analyses completed in support of
this action. A copy of the IRFA is available from the Regional
Administrator (see ADDRESSES).
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being considered,
and the objectives of and legal basis for this action, is contained in
the preamble to the proposed rule and is not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
During the 2005 fishing year, 115 vessels had Category 1 permits
(the class to which this rule applies), with 38 of these vessels
averaging more than 2,000 lb (907 kg) of herring per trip. There are no
large entities, as defined in section 601 of the Regulatory Flexibility
Act, participating in this fishery. Therefore, there are no
disproportionate economic impacts between large and small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The collection-of-information requirement in this final rule
(requiring Category 1 vessels to provide notification to NMFS of their
intent to land at least 6 hr prior to landing) has been approved by OMB
as follows: Haddock Bycatch Notification of Landing, Office of
Management and Budget (OMB) control number 0648-0202, (5 min/response).
Minimizing Significant Economic Impacts on Small Entities
Three alternatives were considered in the development of this
action. The first would have continued the program put into place by
the emergency action. Specifically, this would have established a
1,000-lb (453-kg) incidental catch possession limit on haddock, and a
100-lb (45.3-kg) incidental catch possession limit on other regulated
multispecies, with no limit on the total amount of haddock or other
regulated multispecies that could be caught. The second alternative is
the one proposed in this action. The third alternative is no action,
under which the herring vessels would not be allowed to possess any
multispecies.
Compared to the no-action alternative, the other alternatives
significantly minimize the economic impacts on herring vessels. Both
the proposed action and the non-selected alternative prevent direct
economic loss resulting from herring harvest that would be foregone by
vessel owners concerned about haddock bycatch and the potential for
resulting regulatory violations under the no-action alternative. By
allowing for the incidental catch of groundfish, both the proposed
action and the other alternative would enable herring vessels to
continue fishing even if they encounter groundfish. This is
particularly important in herring Management Area 3 (GB), where herring
vessels encountered haddock in 2004. Up to this point, the herring
fishery has not fully harvested the allowed catch from Area 3 and the
resource in that area can support increased landings. If no action is
taken and vessels decline to fish in Area 3, estimate foregone revenues
would be $2,123,727, presuming they could have landed the same amount
as preliminary reported herring landings during 2005 (13,029 mt) at an
average price of $163 per mt. Foregone revenues could be as high as
$8,150,000 based on the potential utilization of the entire available
TAC from Area 3 (50,000 mt). This assumes that the herring fleet would
not fish in Area 3 at all for fear of being in violation of the
prohibition on the possession of haddock and other regulated groundfish
and, therefore, represents an upper bound to the range of expected
impacts. The proposed action would have less impact on small entities
than either of the other alternatives because it would not impose a
1,000-lb (453-kg) possession limit for haddock, but would rely on the
overall incidental catch cap. This provides more flexibility to
[[Page 46875]]
individual vessels that may encounter varying amounts of haddock.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 10, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For reasons set forth in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, the definition of ``Exempted gear'' is revised to
read as follows:
Sec. 648.2 Definitions.
* * * * *
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, shrimp trawls (with a
properly configured grate as defined under this part), and surfclam and
ocean quahog dredges.
* * * * *
0
3. In Sec. 648.14, paragraphs (bb)(19) and (23) are removed and
reserved; paragraphs (a)(169) and (bb)(20) are revised; and paragraphs
(a)(166) through (168), (bb)(24), (bb)(25) and (bb)(26) are added to
read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(166) Sell, purchase, receive, trade, barter, or transfer haddock
or other regulated multispecies, or attempt to sell, purchase, receive,
trade, barter, or transfer haddock or other regulated multispecies
(cod, witch flounder, plaice, yellowtail flounder, pollock, winter
flounder, windowpane flounder, redfish, and white hake) for, or
intended for, human consumption landed by a Category 1 herring vessel
as defined in Sec. 648.2.
(167) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out and retain all
haddock offloaded from a Category 1 herring vessel, and to retain such
catch for at least 12 hr, with the vessel that landed the haddock
clearly identified by name.
(168) Sell, purchase, receive, trade, barter, or transfer, or
attempt to sell, purchase, receive, trade, barter, or transfer to
another person any haddock or other regulated multispecies (cod, witch
flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake) separated out from a
herring catch offloaded from a Category 1 herring vessel as defined in
Sec. 648.2.
(169) While operating an at-sea herring processor, fail to comply
with requirements for herring processors/dealers that handle individual
fish to separate out and retain all haddock offloaded from a Category 1
herring vessel, and to retain such catch for at least 12 hr after
landing, with the vessel that offloaded the haddock clearly identified
by name.
* * * * *
(bb) * * *
(20) If the vessel has been issued a Category 1 herring permit and
is fishing for herring, fail to notify the NMFS Office of Law
Enforcement of the time and date of landing via VMS at least 6 hr prior
to landing or crossing the VMS demarcation line on its return trip to
port.
(21) Possess, land, transfer, receive, sell, purchase, trade, or
barter, or attempt to transfer, receive, purchase, trade, or barter, or
sell more than 2,000 lb (907 kg) of Atlantic herring per trip taken
from the GOM/GB Herring Exemption Area defined in Sec.
648.86(a)(3)(ii)(A)(1) following the effective date of the
determination that the haddock cap has been reached pursuant to Sec.
648.86(a)(3), unless all of the herring possessed or landed by a vessel
was caught outside of that area.
* * * * *
(24) If a Category 1 herring vessel, discard haddock at sea that
has been brought on deck or pumped into the hold.
(25) If fishing with midwater trawl or a purse seine gear, fail to
comply with the requirements of Sec. 648.80 (d) and (e).
(26) Transit the GOM/GB Herring Exemption Area when that area is
limited to the 2,000 lb (907 kg) limit specified in Sec.
648.86(a)(3)(ii)(A)(1) with more than 2,000 lb (907 kg) of herring,
unless all the herring on board was caught outside of that area and all
fishing gear is stowed and not available for immediate use as required
by Sec. 648.23 (b).
* * * * *
0
4. In Sec. 648.15, paragraphs (d) and (e) are added to read as
follows:
Sec. 648.15 Facilitation of enforcement.
* * * * *
(d) Retention of haddock by herring dealers and processors. (1)
Federally permitted herring dealers and processors, including at-sea
processors, that receive herring from Category 1 herring vessels, and
that cull or separate out from the herring catch all fish other than
herring in the course of normal operations, must separate out and
retain all haddock offloaded from a Category 1 herring vessel. Such
haddock may not be sold, purchased, received, traded, bartered, or
transferred, and must be retained, after they have been separated, for
at least 12 hr for dealers and processors on land, and for 12 hr after
landing by at-sea processors. The dealer or processor, including at-sea
processors, must clearly indicate the vessel that landed the retained
haddock or transferred the retained haddock to an at-sea processor. Law
enforcement officials must be given access to inspect the haddock.
(2) All haddock separated out and retained is subject to reporting
requirements specified at Sec. 648.7.
(e) Prohibition on discarding haddock by Category 1 herring
vessels. A Category 1 herring vessel may not discard any haddock that
has been brought on the deck or pumped into the hold.
0
5. In Sec. 648.80, paragraphs (d), (e), and (g)(3) are revised to read
as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
(d) Midwater trawl gear exempted fishery. 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 Exemption Area,
as defined in paragraph (a)(17) of this section, and in the area
described in Sec. 648.81(c)(1), the vessel has on board a letter of
authorization issued by the Regional Administrator, and complies with
the following restrictions:
(i) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, or mackerel in areas north of 42[deg]20' N.
lat. and in the areas described in Sec. 648.81(a)(1), (b)(1), and
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in
all other areas south of 42[deg]20' N. lat.; and
(ii) The vessel is issued a letter of authorization for a minimum
of 7 days.
(3) The vessel carries a NMFS-approved sea sampler/observer, if
requested by the Regional Administrator;
[[Page 46876]]
(4) The vessel does not fish for, possess or land NE multispecies,
except that Category 1 herring vessels may possess and land haddock or
other regulated NE multispecies (cod, witch flounder, plaice,
yellowtail flounder, pollock, winter flounder, windowpane flounder,
redfish, and white hake) consistent with the incidental catch allowance
and bycatch caps specified in Sec. 648.86(a)(3). Such haddock or other
regulated NE multispecies may not be sold, purchased, received, traded,
bartered, or transferred, or attempted to be sold, purchased, received,
traded, bartered, or transferred for, or intended for, human
consumption. Haddock or other regulated NE multispecies that is
separated out from the herring catch pursuant to Sec. 648.15(d) may
not be sold, purchased, received, traded, bartered, or transferred, or
attempted to be sold, purchased, received, traded, bartered, or
transferred for any purpose. Category 1 vessels may not discard haddock
that has been brought on the deck or pumped into the hold.
(5) To fish for herring under this exemption, vessels issued a
Category 1 herring permit defined in Sec. 648.2 must provide notice to
NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; and the date, time, and port
of departure, at least 72 hr prior to beginning any trip into these
areas for the purposes of observer deployment; and
(6) All Category 1 herring vessels on a declared herring trip must
notify NMFS Office of Law Enforcement through VMS of the time and place
of offloading at least 6 hr prior to crossing the VMS demarcation line
on their return trip to port or, for vessels that have not fished
seaward of the VMS demarcation line, at least 6 hr prior to landing.
The Regional Administrator may adjust the prior notification minimum
time through publication of a notice in the Federal Register consistent
with the Administrative Procedure Act.
(e) Purse seine gear exempted fishery. 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 Exemption Area,
as defined in paragraph (a)(17) of this section, the vessel has on
board a letter of authorization issued by the Regional Administrator
and complies with the following:
(i) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, mackerel, or menhaden; and
(ii) The vessel must carry a NMFS-approved sea sampler/observer, if
requested to do so by the Regional Administrator;
(3) The vessel is issued a letter of authorization for a minimum of
7 days, and cancels it only as instructed by the Regional
Administrator; and
(4) The vessel does not fish for, possess or land NE multispecies,
except that Category 1 herring vessels may possess and land haddock or
other regulated multispecies (cod, witch flounder, plaice, yellowtail
flounder, pollock, winter flounder, windowpane flounder, redfish, and
white hake) consistent with the incidental catch allowance and bycatch
caps specified in Sec. 648.86(a)(3). Such haddock or other regulated
multispecies may not be sold, purchased, received, traded, bartered, or
transferred, or attempted to be sold, purchased, received, traded,
bartered, or transferred for, or intended for, human consumption.
Haddock or other regulated multispecies that is separated out from the
herring catch pursuant to Sec. 648.15(d) may not be sold, purchased,
received, traded, bartered, or transferred, or attempted to be sold,
purchased, received, traded, bartered, or transferred for any purpose.
Category 1 vessels may not discard haddock that has been brought on the
deck or pumped into the hold.
(5) To fish for herring under this exemption, vessels issued a
Category 1 herring permit as defined in Sec. 648.2 must provide notice
to NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; and the date, time, and port
of departure, at least 72 hr prior to beginning any trip into these
areas for the purposes of observer deployment; and
(6) All Category 1 herring vessels must notify NMFS Office of Law
Enforcement through VMS of the time and place of offloading at least 6
hr prior to crossing the VMS demarcation line on their return trip to
port, or, for vessels that have not fished seaward of the VMS
demarcation line, at least 6 hr prior to landing. The Regional
Administrator may adjust the prior notification minimum time through
publication of a notice in the Federal Register consistent with the
Administrative Procedure Act.
* * * * *
(g) * * *
(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, except as authorized under
paragraph (d) of this section.
* * * * *
0
6. In Sec. 648.83, paragraph (b)(4) is added to read as follows:
Sec. 648.83 Multispecies minimum fish sizes.
* * * * *
(b) * * *
(4) Category 1 herring vessels may possess and land haddock and
other regulated multispecies (cod, witch flounder, plaice, yellowtail
flounder, pollock, winter flounder, windowpane flounder, redfish, and
white hake) that are smaller than the minimum size specified under
Sec. 648.83, consistent with the bycatch caps specified in Sec. Sec.
648.86(a)(3) and 648.86 (j). Such fish may not be sold for human
consumption.
0
7. In Sec. 648.85, paragraph (d) is added to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(d) Incidental catch allowance for Category 1 herring vessels. The
incidental catch allowance for Category 1 herring vessels is defined as
0.2 percent of the combined target TAC for Gulf of Maine haddock and
Georges Bank haddock (U.S. landings only) specified according to ``
648.90(a) for a particular multispecies fishing year.
0
8. In Sec. 648.86, paragraphs (a)(3) and (k) are added to read as
follows:
Sec. 648.86 Multispecies possession restrictions.
* * * * *
(a) * * *
(3)(i) Incidental catch allowance for herring Category 1 vessels.
Category 1 herring vessels defined in Sec. 648.2 may possess and land
haddock on all trips that do not use a NE multispecies DAS, subject to
the requirements specified in Sec. 648.80(d) and (e).
(ii) Haddock incidental catch cap. (A)(1) When the Regional
Administrator has determined that the incidental catch allowance in
Sec. 648.85(d) has been caught, all vessels issued a herring permit or
fishing in the Federal portion of the GOM/GB Herring Exemption Area, as
defined below, are prohibited from fishing for, possessing, or landing
herring in excess of 2,000 lb (907 kg) per trip in or from the GOM/GB
Herring Exemption Area, unless all herring possessed and landed by the
vessel were caught outside the GOM/GB Herring Exemption Area and the
vessel complies with the gear stowage provisions specified in paragraph
(a)(3)(ii)(A)(3) of this section while transiting the Exemption Area.
Upon this
[[Page 46877]]
determination, the haddock possession limit is reduced to 0 lb (0 kg)
for all Category 1 herring vessels regardless of where they were
fishing. In making this determination, the Regional Administrator shall
use haddock landings observed by NMFS-approved observers and law
enforcement officials, and reports of haddock catch submitted by
vessels and dealers pursuant to the reporting requirements of this
part. The GOM/GB Herring Exemption Area is defined by the straight
lines connecting the following points in the order stated (copies of a
map depicting the area are available from the Regional Administrator
upon request):
GB/GOM Herring Exemption Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
1....................................... 41[deg]33.05' 70[deg]00'
2....................................... 41[deg]20' 70[deg]00'
3....................................... 41[deg]20' 69[deg]50'
4....................................... 41[deg]10' 69[deg]50'
5....................................... 41[deg]10' 69[deg]30'
6....................................... 41[deg]00' 69[deg]30'
7....................................... 41[deg]00' 68[deg]50'
8....................................... 39[deg]50' 68[deg]50'
9....................................... 39[deg]50' 66[deg]40'
10...................................... 40[deg]30' 66[deg]40'
11...................................... 40[deg]30' 64[deg]44.34'
12...................................... 41[deg]50' 66[deg]51.94'
13...................................... 41[deg]50' 67[deg]40'
14...................................... 44[deg]00' 67[deg]40'
15...................................... 44[deg]00' 67[deg]50'
16...................................... 44[deg]10' 67[deg]50'
17...................................... 44[deg]27' 67[deg]59.18'
18...................................... (\1\) (\1\)
19...................................... 41[deg]33.05' 70[deg]00'
------------------------------------------------------------------------
\1\ ME, NH, MA Coastlines.
(2) The haddock incidental catch cap specified is for the NE
multispecies fishing year (May 1--April 30), which differs from the
herring fishing year (January 1--December 31). If the haddock catch cap
is attained by the Category 1 herring fishery, the 2,000-lb (907-kg)
limit on herring possession and landings in the GOM/GB Herring
Exemption Area will be in effect until the end of the NE multispecies
fishing year. For example, the 2006 haddock catch cap is specified for
the period May 1, 2006--April 30, 2007, and the 2007 haddock catch cap
applies to the period May 1, 2007--April 30, 2008. If the catch of
haddock by Category 1 vessels reaches the 2006 catch cap at any time
prior to the end of the NE multispecies fishing year (April 30, 2007),
the 2,000-lb (907-kg) limit on possession or landing herring in the
GOM/GB Herring Exemption Area extends through April 30, 2007, at which
time the 2007 catch cap will go into effect.
(3) A vessel may transit the GOM/GB Herring Exemption Area with
more than 2,000 lb (907 kg) of herring when the haddock catch cap in
Sec. 648.86 (a)(3)(ii)(A)(1) has been caught, providing that all of
the herring possessed or landed by the vessel was caught outside of the
GOM/GB Herring Exemption Area and all fishing gear is stowed and not
available for immediate use as required by Sec. 648.23(b).
(B) [Reserved]
* * * * *
(k) Other regulated NE multispecies possession restrictions for
herring vessels. Incidental catch allowance for herring Category 1
vessels. Category 1 herring vessels defined in Sec. 648.2 may possess
and land up to 100 lb (45 kg) of other regulated NE multispecies (cod,
witch flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake) on all trips that do not
use a multispecies DAS, subject to the requirements specified in Sec.
648.80(d) and (e). Such fish may not be sold for human consumption.
[FR Doc. 06-6932 Filed 8-10-06; 2:58 pm]
BILLING CODE 3510-22-S