Second Amended Interim Rule, containing the following measures, shall
1. Freeze DAS at the average DAS used during the base period of May 1,
1996-April 30, 2001, not to exceed the current allocation. Vessels are
not entitled to any minimum DAS other than their average during the
five-year base period. For limited access vessels not operating under the
call-in system during the period May 1996 through June 1996, a vessel's
DAS will be based on vessel trip reports submitted to NMFS before April
9, 2002. Otherwise, DAS will be based on NMFS' call-in system.
2. DAS will be reduced by 20% from the baseline set forth in Paragraph
3. Any latent effort permit not used in 2001 may not be activated.
4. The minimum size for cod that may be sold shall be 22 inches.
5. For all gear sectors, NMFS shall provide 5% observer coverage, or
higher, if necessary to provide statistically reliable data. Effective
May 1, 2003, NMFS shall provide 10% observer coverage for all gear
sectors, unless it can establish by the most reliable and current
scientific information available that such increase is not necessary.
6. Reduce trip limits for open access hand-gear vessels to 200 pounds
of regulated species.
7. Freeze issuance of new open access hand-gear permits to any vessel
that has never been issued such permit, or has not applied for such
permit, as of August 1, 2002.
8. Prohibit "front loading" of the DAS clock for all areas (require
that vessels leave port within 1 hour after calling into the DAS program
to prevent vessels from accumulating time).
9. Continue Western Gulf of Maine year round closure, unless modified
10. Prohibit use of de-hookers or "crucifiers" with no less than 6-inch
spacing between the fairlead rollers.
11. Trawl mesh shall be no less than 6.5 inch diamond or 6.5 inch
square in the cod end.
12. Mesh size in monkfish gillnets shall be no less than 10 inches and
limited to 150 nets.
13. Mesh sizes in the large mesh permit category shall be two inches
greater than the current regulated mesh size.
14. In Georges Bank, all vessels using gillnet mesh shall use no less
than 6.5 inches with a limit of 50 nets. Each net must have 3 tags,
except for monkfish gillnets if they are 10 inches or greater in mesh
15. In Georges Bank, the cod trip limit shall remain 2,000 lbs/day,
with a maximum trip limit of 20,000 lbs/trip (as a trip is currently
defined). Cod landing limits and clock running computations shall be
applied as set forth in 50 C.F.R. § 648.86(b).
16. In Georges Bank, close statistical area blocks 80, 81, and 118, 119
and 120 south of 42 degrees 20' during May 2003.
17. In Georges Bank, hooks on any limited access multi-species vessel
shall be limited to 3,600 in number and must be 12/0 circle hooks.
18. In the Gulf of Maine, all trip vessels using gillnet mesh shall use
no less than 6.5 inch mesh with a limit of 150 nets; each net must have a
tag, except monkfish gillnets of 10 inches or greater mesh.
19. Continue closure of the existing Cashes Ledge closure area
20. In the Gulf of Maine, there will be no increase in cod trip
poundage limits per day or cod poundage limits per trip.
21. In the Gulf of Maine, hooks on any limited access multi-species
vessel shall be limited to 2,000 in number and must be circle hooks of
22. In the Gulf of Maine, open statistical area blocks 124 and 125 in
January, February, and March.
23. In the Gulf of Maine, for dayboat gillnet vessels, stand-up gillnet
mesh shall be no less than 6.5 inches with a limit of 50 nets; tie-down
gillnet mesh shall be no less than 7 inches, with a limit of 100 nets;
tie-down gillnet mesh of 10 inches or greater will be limited to 150
nets. During the months of March through June, only tie-down gillnets may
be used except for monkfish gillnets of 10 inches or greater mesh size.
Tags for all nets (including monkfish nets) shall be limited to 150 tags
— three tags per stand-up, two tags per tie-down, and one tag per
24. In the Gulf of Maine, continue closure of statistical area blocks
128 and 130 year-round, 124 and 125 during the month of May, and 132 and
133 during the month of June.
25. The boundary for the Southern New England measures, which are set
forth in Paragraphs B. 26-31, herein, is as follows:
(a) Bounded on the east by straight lines connecting the following
[fn(*)] South facing shoreline of Cape Cod
[fn(**)] Southward to its intersection with the EEZ
(b) Bounded on the west by:
A line beginning at the intersection of 74"00' longitude and the south
facing shoreline of Long Island, NY, and then running southward along the
74"00' longitude line.
26. In Southern New England, trawler net mesh in the cod end shall be
no less than 7 inch diamond or 6.5 inch square cod end.
27. In Southern New England, all vessels using gillnet mesh shall use
no less than 6.5 inch mesh with a limit of 75 nets and each net must have
two tags except monkfish gillnets of 10 inches or greater mesh.
28. In Southern New England, the following Yellowtail Flounder trip
limit shall apply:
(a) March 1-May 31:250 lbs possession.
(b) June 1-February 28:750 lbs./day, with a maximum
trip limit of 3,000 lb./trip
29. In Southern New England, hooks on any limited access multi-species
vessel shall be limited to 2,000 in number and must be 12/0 circle