(3) Exceptions. Paragraphs (a)(1) and (2) of this section do not apply

(i) To longline vessels that fish with hooks having a gape of not less than 1.18 inches (30 mm), Closed Area 1, only;

(ii) To pot gear designed and used to

take lobsters; or

(iii) To dredges designed and used to take scallops.

(4) The Regional Director may open either or both Closed Areas I and II prior to the scheduled opening in May by notice in the FEDERAL REGISTER, if he determines that concentrations of spawning fish are no longer in the area(s).

the FEDERAL REGISTER on or after May 1, 1987, when he determines that the closure has achieved the appropriate spawning level for yellowtail flounder and winter flounder.

(3) Exceptions. (i) Paragraph (b)(1) of this section does not apply

(A) To pot gear designed and used to take lobsters; and

(B) To dredge gear designed and used to take scallops, ocean quahogs, or surf clams.

(ii) In the closed area described for the Southern New England/Mid-Atlantic Region in § 651.21, in which fishing for herring, mackerel, and squids with midwater trawl gear may be permitted by the Regional Director, a vessel conducting such fishing may not retain aboard or land any multispecies finfish.

(iii) Any person intending to use midwater trawl nets in the area described in this paragraph (b) must notify the Regional Director in writing 30 days prior to the date on which the nets will be used. The Regional Director will issue a letter certifying the use of such nets. Fishing in these areas with midwater trawl nets may not commence without a letter of certification carried aboard the vessel.

(2) The period of participation must be for at least 7 days, but not longer than 30 days. There is no limit on the number of times a vessel can apply to participate in the exempted fisheries program.

(c) Certification. (1) The Regional Director will certify in writing the entry of the applicant into the exempted fisheries program. Entry may be denied to an applicant based on the applicant's violation of the Magnuson Act, if the applicant has received a notice of violation and assessment concerning the violation.

(2) Entry of the applicant into the exempted fisheries program cannot occur until the applicant receives written certification from the Regional Director.

(d) Commencement of fishing. Fishing under the exempted fisheries program may begin after the applicant has received the certification from the Regional Director provided that this letter is retained aboard.

(e) Limitations. (1) During the period of participation in the exempted fisheries program, the vessel may not be employed to fish in the large mesh areas outside the area specified in paragraph (a) of this section. A vessel may not land multispecies finfish in excess of the percentages specified in paragraph (e)(2) of this section.

(2) Participation in the exempted fisheries program is subject to seasonal limitations, exempted species, and maximum multispecies finfish percentage restrictions as follows:

Comment

(3) Adjustments in the seasons, species or percentages of the exempted

fisheries will be accomplished by regulatory amendment.