Recreational and Charter/Party Vessel Restrictions

Fishery Conservation and Management § 648.89

§ 648.89 Recreational and charter/ (c) Possession restrictions—(1) Rec- party vessel restrictions. reational fishing vessels. (i) Unless fur- (a) Recreational gear restrictions. Per- ther restricted by the Seasonal GOM sons aboard charter/party vessels per- Cod Possession Prohibition specified mitted under this part and not fishing under paragraph (c)(1)(v) of this sec- under the DAS program or under the tion, each person on a private rec- restrictions and conditions of an ap- reational vessel may possess no more proved sector operations plan, as speci- than 10 cod per day in, or harvested fied in § 648.87(c), and recreational fish- from, the EEZ. ing vessels in the EEZ, are prohibited (ii) For purposes of counting fish, fil- from fishing with more than one line lets will be converted to whole fish at per angler, and must stow all other the place of landing by dividing the fishing gear on board the vessel as number of fillets by two. If fish are specified in § 648.23(b). filleted into a single (butterfly) fillet, such fillet shall be deemed to be from (b) Recreational minimum fish sizes—(1) one whole fish. Minimum fish sizes. Unless further re- (iii) Cod harvested by recreational stricted under of this section, persons fishing vessels in or from the EEZ with aboard charter/party vessels permitted more than one person aboard may be under this part and not fishing under pooled in one or more containers. Com- the NE multispecies DAS program or pliance with the possession limit will under the restrictions and conditions be determined by dividing the number of an approved sector operations plan, of fish on board by the number of per- and recreational fishing vessels in or sons on board. If there is a violation of possessing fish from the EEZ, may not the possession limit on board a vessel possess fish smaller than the minimum carrying more than one person, the fish sizes, measured in total length violation shall be deemed to have been (TL), as follows: committed by the owner or operator of the vessel. Species Size (inches) (iv) Cod must be stored so as to be Cod ...... 22 (55.9 cm) readily available for inspection. Haddock ...... 18 (45.7 cm) (v) Seasonal GOM cod possession prohi- Pollock ...... 19 (48.3 cm) bition. Persons aboard private rec- Witch flounder (gray sole) ...... 14 (35.6 cm) reational fishing vessels fishing in the Yellowtail flounder ...... 13 (33.0 cm) GOM Regulated Mesh Area specified in American plaice (dab) ...... 14 (35.6 cm) Atlantic halibut ...... 41 (104.1 cm) § 648.80(a)(1) may not fish for or possess Winter flounder (blackback) ...... 12 (30.5 cm) any cod from November 1 through Redfish ...... 9 (22.9 cm) April 15. Private recreational vessels in possession of cod caught outside the (2) Exception. Vessels may possess fil- GOM Regulated Mesh Area may transit lets less than the minimum size speci- this area, provided all bait and hooks fied, if the fillets are taken from legal- are removed from fishing rods and any sized fish and are not offered or in- cod on board has been gutted and tended for sale, trade or barter. stored. (3) GOM cod. Private recreational (2) Charter/party vessels. Charter/party vessels and charter party vessels de- vessels fishing any part of a trip in the scribed in paragraph (b)(1) of this sec- GOM Regulated Mesh Area, as defined tion may not possess cod smaller than in § 648.80(a)(1), are subject to the fol- 24 inches (63.7 cm) in total length when lowing possession limit restrictions: fishing in the GOM Regulated Mesh (i) Unless further restricted by the Area specified under § 648.80(a)(1). Seasonal GOM Cod Possession Prohibi- (4) Fish fillets, or parts of fish, must tion, specified in paragraph (c)(2)(v) of have at least 2 square inches (5.1 square this section, each person on a charter/ cm) of skin on while possessed on board party vessel may possess no more than a vessel and at the time of landing in 10 cod per day. order to meet minimum size require- (ii) For purposes of counting fish, fil- ments. The skin must be contiguous lets will be converted to whole fish at and must allow ready identification of the place of landing by dividing the the fish species. number of fillets by two. If fish are

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filleted into a single (butterfly) fillet, sessing fish from the EEZ may not pos- such fillet shall be deemed to be from sess Atlantic wolffish. one whole fish. (6) Windowpane flounder. Persons (iii) Cod harvested by charter/party aboard charter/party vessels permitted vessels with more than one person under this part and not fishing under aboard may be pooled in one or more the NE multispecies DAS program, on containers. Compliance with the pos- a sector trip, under a Handgear A per- session limits will be determined by di- mit, under a Handgear B permit, or viding the number of fish on board by under a Small Vessel Category C per- the number of persons on board. If mit, and private recreational fishing there is a violation of the possession vessels in or possessing fish from the limits on board a vessel carrying more EEZ, may not possess windowpane than one person, the violation shall be flounder. deemed to have been committed by the (7) Ocean pout. Persons aboard char- owner or operator of the vessel. ter/party vessels permitted under this (iv) Cod must be stored so as to be part and not fishing under the NE readily available for inspection. multispecies DAS program, on a sector (v) Seasonal GOM cod possession prohi- trip, under a Handgear A permit, under bition. Persons aboard charter/party a Handgear B permit, or under a Small fishing vessels permitted under this Vessel Category C permit, and private recreational fishing vessels in or pos- part and not fishing under the NE sessing fish from the EEZ may not pos- multispecies DAS program or on a sec- sess ocean pout. tor trip that are fishing in the GOM (d) Restrictions on sale. It is unlawful Regulated Mesh Area specified in to sell, barter, trade, or otherwise § 648.80(a)(1) may not fish for, possess, transfer for a commercial purpose, or or land any cod from November 1 to attempt to sell, barter, trade, or through April 15. Charter/party vessels otherwise transfer for a commercial in possession of cod caught outside the purpose, NE multispecies caught in or GOM Regulated Mesh Area may transit landed from the EEZ by recreational, this area, provided all bait and hooks charter, or party vessels permitted are removed from fishing rods and any under this part not fishing under a cod on board has been gutted and DAS, on a sector trip, or under a stored. Handgear A permit, Handgear B per- (3) Atlantic halibut. Charter and party mit, or Small Vessel Category C per- vessels permitted under this part, and mit. recreational fishing vessels fishing in (e) Charter/party vessel restrictions on the EEZ, may not possess, on board, fishing in GOM closed areas and the Nan- more than one Atlantic halibut. tucket Lightship Closed Area—(1) GOM (4) Accounting of daily trip limit. For Closed Areas. Unless otherwise specified the purposes of determining the per in this paragraph (e)(1), a vessel fishing day trip limit for cod for recreational under charter/party regulations may fishing vessels and party/charter ves- not fish in the GOM closed areas speci- sels, any trip in excess of 15 hours and fied at § 648.81(d)(1) through (f)(1) dur- covering 2 consecutive calendar days ing the time periods specified in those will be considered more than 1 day. paragraphs, unless the vessel has on Similarly, any trip in excess of 39 board a valid letter of authorization hours and covering 3 consecutive cal- issued by the Regional Administrator endar days will be considered more pursuant to § 648.81(f)(2)(iii) and para- than 2 days and, so on, in a similar graph (e)(3) of this section. The condi- fashion. tions and restrictions of the letter of (5) Atlantic wolffish. Persons aboard authorization must be complied with charter/party vessels permitted under for a minimum of 3 months if the ves- this part and not fishing under the NE sel fishes or intends to fish in the sea- multispecies DAS program, on a sector sonal GOM closure areas; or for the trip, under a Handgear A permit, under rest of the fishing year, beginning with a Handgear B permit, or under a Small the start of the participation period of Vessel Category C permit, and private the letter of authorization, if the vessel recreational fishing vessels in or pos- fishes or intends to fish in the year-

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round GOM closure areas. A vessel fish- that particular stock. To determine if ing under charter/party regulations the regulated species or ocean pout may not fish in the GOM Cod Spawning sub-ACL specified for the recreational Protection Area specified at fishery was exceeded, the Regional Ad- § 648.81(n)(1) during the time period ministrator shall compare the 3-year specified in that paragraph, unless the average of recreational catch to the 3- vessel complies with the requirements year average of the recreational sub- specified at § 648.81(n)(2)(iii). ACL for each stock, as follows: (2) Nantucket Lightship Closed Area. A (i) For fishing year 2010, recreational vessel fishing under charter/party regu- catch shall be compared to the rec- lations may not fish in the Nantucket reational sub-ACL for that stock for Lightship Closed Area specified in fishing year 2010. § 648.81(c)(1) unless the vessel has on (ii) For fishing year 2011, the average board a letter of authorization issued recreational catch for fishing years by the Regional Administrator pursu- 2010 and 2011 shall be compared to the ant to § 648.81(c)(2)(iii) and paragraph average recreational sub-ACLs for that (e)(3) of this section. stock during fishing years 2010 and (3) Letters of authorization. To obtain 2012. either of the letters of authorization (iii) Starting in fishing year 2012, the specified in paragraphs (e)(1) and (2) of 3-year average recreational catch shall this section, a vessel owner must re- be compared to the 3-year average of quest a letter from the Northeast Re- the recreational sub-ACLs for that gional Office of NMFS, either in writ- stock. ing or by phone (see Table 1 to 50 CFR (2) Reactive AM adjustment. If it is de- 600.502). As a condition of these letters termined that any recreational sub- of authorization, the vessel owner must ACL was exceeded, as specified in para- agree to the following: graph (f)(1) of this section, the Re- (i) The letter of authorization must gional Administrator, after consulta- be carried on board the vessel during tion with the New England Fishery the period of participation; Management Council, shall develop (ii) Fish species managed by the measures necessary to prevent the rec- NEFMC or MAFMC that are harvested reational fishery from exceeding the or possessed by the vessel, are not sold appropriate sub-ACL in future years. or intended for trade, barter or sale, re- Appropriate AMs for the recreational gardless of where the fish are caught; fishery, including adjustments to fish- (iii) The vessel has no gear other ing season, minimum fish size, or pos- than rod and reel or handline gear on session limits, may be implemented in board; and a manner consistent with the Adminis- (iv) For the GOM charter/party trative Procedure Act, with final meas- closed area exemption only, the vessel ures published in the FEDERAL REG- may not fish on a sector trip, under a ISTER no later than January when pos- NE multispecies DAS, or under the pro- sible. Separate AMs shall be developed visions of the NE multispecies Small for the private and charter/party com- Vessel Category or Handgear A or ponents of the recreational fishery. Handgear B permit categories, as speci- (3) Proactive AM adjustment. When fied at § 648.82, during the period of par- necessary, the Regional Administrator, ticipation. after consultation with the New Eng- (f) Recreational fishery AM—(1) Catch land Fishery Management Council, evaluation. As soon as recreational may adjust recreational measures to catch data are available for the entire ensure the recreational fishery previous fishing year, the Regional Ad- achieves, but does not exceed any rec- ministrator will evaluate whether recreational fishery sub-ACL in a future reational catches exceed any of the fishing year. Appropriate AMs for the sub-ACLs specified for the recreational recreational fishery, including adjust- fishery pursuant to § 648.90(a)(4). When ments to fishing season, minimum fish evaluating recreational catch, the size, or possession limits, may be im- components of recreational catch that plemented in a manner consistent with are used shall be the same as those the Administrative Procedure Act, used in the most recent assessment for with final measures published in the

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FEDERAL REGISTER prior to the start of shall be the primary vehicle for the the fishing year where possible. In presentation of all updated biological specifying these AMs, the Regional Ad- and socio-economic information re- ministrator shall take into account the garding the NE multispecies complex non-binding prioritization of possible and its associated fisheries. The SAFE measures recommended by the Council: report shall provide source data for any for cod, first increases to minimum fish adjustments to the management meas- sizes, then adjustments to seasons, fol- ures that may be needed to continue to lowed by changes to bag limits; and for meet the goals and objectives of the haddock, first increases to minimum FMP. size limits, then changes to bag limits, (2) Biennial review. (i) The NE multi- and then adjustments to seasons. species PDT shall meet on or before [69 FR 22984, Apr. 27, 2004, as amended at 71 September 30 every other year, unless FR 62196, Oct. 23, 2006; 72 FR 73281, Dec. 27, otherwise specified in paragraph (a)(3) 2007; 75 FR 18348, Apr. 9, 2010; 76 FR 23076, of this section, under the conditions Apr. 25, 2011; 76 FR 42587, July 19, 2011; 77 FR specified in that paragraph, to perform 25630, May 1, 2012; 77 FR 26125, May 2, 2012; 78 FR 26164, 26208, May 3, 2013] a review of the fishery, using the most current scientific information avail- § 648.90 NE multispecies assessment, able provided primarily from the framework procedures and speci- NEFSC. Data provided by states, fications, and flexible area action ASMFC, the USCG, and other sources system. may also be considered by the PDT. For the NE multispecies framework Based on this review, the PDT will de- specification process described in this velop ACLs for the upcoming fishing section, the regulated species and year(s) as described in paragraph (a)(4) ocean pout biennial review is consid- of this section and develop options for ered a separate process from the small- consideration by the Council if nec- mesh species annual review, as de- essary, on any changes, adjustments, scribed in paragraphs (a)(2) and (b)(1), or additions to DAS allocations, closed respectively, of this section. In addi- areas, or other measures necessary to tion, the process for specifying ABCs rebuild overfished stocks and achieve and associated ACLs for regulated spe- the FMP goals and objectives. cies and ocean pout, as described in (ii) The PDT shall review available paragraph (a)(4) of this section, is con- data pertaining to: Catch and landings, sidered a separate process from the discards, DAS allocations, DAS use, small-mesh species ABC and ACL proc- sector operations, and other measures ess described in paragraph (b)(2) of this of fishing effort; survey results; stock section. status; current estimates of fishing (a) NE multispecies. For the purpose of mortality and overfishing levels; social this paragraph (a), the term ‘‘NE and economic impacts; enforcement multispecies fishery’’ is defined as common pool vessels, sector vessels, issues; and any other relevant informa- and private recreational and charter/ tion. party vessels, as defined in this part; (iii) Based on this review, the PDT the term ‘‘NE multispecies commercial shall recommend ACLs and develop op- fishery’’ is defined as vessels issued a tions necessary to achieve the FMP limited access NE multispecies permit, goals and objectives, which may in- or an open access NE multispecies clude a preferred option. The PDT Handgear B permit; and the term ‘‘NE must demonstrate through analyses multispecies recreational fishery’’ is and documentation that the options defined as private recreational vessels they develop are expected to meet the and charter or party boats, as further FMP goals and objectives. The PDT defined in this part. may review the performance of dif- (1) NE Multispecies annual SAFE Re- ferent user groups or fleet sectors in port. The NE Multispecies Plan Devel- developing options. The range of op- opment Team (PDT) shall prepare an tions developed by the PDT may in- annual Stock Assessment and Fishery clude any of the management measures Evaluation (SAFE) Report for the NE in the FMP, including, but not limited multispecies fishery. The SAFE Report to: ACLs, which must be based on the

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