Fishery Conservation and Management Pt. 648

Skipjack , Katsuwonus pelamis 648.4 Vessel permits. , Xiphias gladius 648.5 Operator permits. Thresher , Alopias vulpinus 648.6 Dealer/processor permits. Wahoo, Acanthocybium solandri 648.7 Recordkeeping and reporting require- Yellowfin tuna, Thunnus albacares ments. 648.8 Vessel identification. TABLE 3 OF APPENDIX A TO PART 635— 648.9 VMS vendor and unit requirements. DEMERSAL 648.10 VMS and DAS requirements for ves- Atlantic sharpnose shark, Rhizoprionodon sel owners/operators. terraenovae 648.11 Monitoring coverage. Black grouper, Mycteroperca bonaci 648.12 Experimental fishing. Blackfin snapper, Lutjanus buccanella 648.13 Transfers at sea. Blacknose shark, Carcharhinus acronotus 648.14 Prohibitions. Blacktip shark, Carcharhinus limbatus 648.15 Facilitation of enforcement. Blueline tilefish, Caulolatilus microps 648.16 Penalties. Bonnethead shark, Sphyrna tiburo 648.17 Exemptions for vessels fishing in the Bull shark, Carcharhinus leucas NAFO Regulatory Area. Cubera snapper, Lutjanus cyanopterus 648.18 Standardized bycatch reporting Dog snapper, Lutjanus jocu methodology. Finetooth shark, Carcharhinus isodon Gag grouper, Mycteroperca microlepis Subpart B—Management Measures for the Lane snapper, Lutjanus synagris Mackerel, , and Butterfish Fisheries Lemon shark, Negaprion brevirostris Mangrove snapper, Lutjanus griseus 648.20 Mid-Atlantic Fishery Management Marbled grouper, Dermatolepis inermis Council Acceptable Biological Catch Misty grouper, Epinephelus mystacinus (ABC) control rules. Mutton snapper, Lutjanus analis 648.21 Mid-Atlantic Fishery Management Nurse shark, Ginglymostoma cirratum Council risk policy. Queen snapper, Etelis oculatus 648.22 Mackerel, squid, and butterfish speci- Red grouper, Epinephelus morio fications. Red hind, Epinephelus guttatus 648.23 Mackerel, squid, and butterfish gear Red snapper, Lutjanus campechanus restrictions. Rock hind, Epinephelus adscensionis 648.24 Fishery closures and accountability Sand tilefish, Malacanthus plumieri measures. Sandbar shark, Carcharhinus plumbeus 648.25 Mackerel, squid, and butterfish Schoolmaster snapper, Lutjanus apodus framework adjustments to management Silk snapper, Lutjanus vivanus Snowy grouper, Epinephelus niveatus measures. Speckled hind, Epinephelus drummondhayi 648.26 Mackerel, squid, and butterfish pos- Spinner shark, Carcharhinus brevipinna session restrictions. Tiger shark, Galeocerdo cuvieri Tilefish, Lopholatilus chamaeleonticeps Subpart C—Management Measures for Vermilion snapper, Rhomboplites aurorubens Atlantic Salmon Warsaw grouper, Epinephelus nigritus Yellowedge grouper, Epinephelus 648.40 Prohibition on possession. flavolimbatus 648.41 Framework specifications. Yellowfin grouper, Mycteroperca venenosa Yellowtail snapper, Ocyurus chrysurus Subpart D—Management Measures for the Atlantic Sea Fishery [64 FR 29135, May 28, 1999, as amended at 71 FR 58174, Oct. 2, 2006; 75 FR 30528, June 1, 648.50 Shell-height standard. 2010; 76 FR 70066, Nov. 10, 2011; 78 FR 40349, 648.51 Gear and crew restrictions. July 3, 2013; 80 FR 50102, Aug. 18, 2015; 80 FR 648.52 Possession and landing limits. 73146, Nov. 24, 2015] 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch lim- PART 644 [RESERVED] its (ACL), annual catch targets (ACT), annual projected landings (APL), DAS al- locations, and individual fishing quotas PART 648—FISHERIES OF THE 648.54 State waters exemption. NORTHEASTERN UNITED STATES 648.55 Specifications and framework adjust- ments to management measures. Subpart A—General Provisions 648.56 Scallop research. 648.57–648.58 [Reserved] Sec. 648.59 Sea Scallop access areas. 648.1 Purpose and scope. 648.60 Sea scallop access area program re- 648.2 Definitions. quirements. 648.3 Relation to other laws. 648.61 [Reserved]

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648.62 Northern Gulf of (NGOM) Man- 648.97 Closed areas. agement Program. 648.63 General category Sectors and har- Subpart G—Management Measures for the vesting cooperatives. Summer Flounder Fishery 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery. 648.100 Summer flounder Annual Catch 648.65 [Reserved] Limit (ACL). 648.101 Summer flounder Annual Catch Tar- Subpart E—Management Measures for the get (ACT). and Ocean Qua- 648.102 Summer flounder specifications. hog Fisheries 648.103 Summer flounder accountability measures. 648.70 Surfclam and ocean quahog Annual 648.104 Summer flounder size requirements. Catch Limit (ACL). 648.105 Summer flounder recreational fish- 648.71 Surfclam and ocean quahog Annual ing season. Catch Targets (ACT). 648.106 Summer flounder possession restric- 648.72 Surfclam and ocean quahog specifica- tions. tions. 648.107 Conservation equivalent measures 648.73 Surfclam and ocean quahog Account- for the summer flounder fishery. ability Measures. 648.108 Summer flounder gear restrictions. 648.74 Individual Transferable Quota (ITQ) 648.109 Sea turtle conservation. Program. 648.110 Summer flounder framework adjust- 648.75 Shucking at sea and minimum ments to management measures. surfclam size. 648.111 Block Island Sound Transit Area. 648.76 Closed areas. 648.77 Cage identification. Subpart H—Management Measures for the 648.78 Maine mahogany quahog zone. Scup Fishery 648.79 Surfclam and ocean quahog frame- 648.120 Scup Annual Catch Limit (ACL). work adjustments to management meas- 648.121 Scup Annual Catch Target (ACT). ures. 648.122 Scup specifications. 648.123 Scup accountability measures. Subpart F—Management Measures for the 648.124 Scup commercial season and com- NE Multispecies and Monkfish Fisheries mercial fishery area restrictions. 648.80 NE Multispecies regulated mesh areas 648.125 Scup gear restrictions. 648.126 Scup minimum fish sizes. and restrictions on gear and methods of 648.127 Scup recreational fishing season. fishing. 648.128 Scup possession restrictions. 648.81 NE multispecies year-round and sea- 648.129 Protection of threatened and endan- sonal closed areas. gered sea turtles. 648.82 Effort-control program for NE multi- 648.130 Scup framework adjustments to species limited access vessels. management measures. 648.83 Multispecies minimum fish sizes. 648.131 Block Island Sound Transit Area. 648.84 Gear-marking requirements and gear restrictions. Subpart I—Management Measures for the 648.85 Special management programs. 648.86 NE Multispecies possession restric- Black Sea Bass Fishery tions. 648.140 Black sea bass Annual Catch Limit 648.87 Sector allocation. (ACL). 648.88 Multispecies open access permit re- 648.141 Black sea bass Annual Catch Target strictions. (ACT). 648.89 Recreational and charter/party vessel 648.142 Black sea bass specifications. restrictions. 648.143 Black sea bass accountability meas- 648.90 NE Multispecies assessment, frame- ures. work procedures and specifications, and 648.144 Black sea bass gear restrictions. flexible area action system. 648.145 Black sea bass possession limit. 648.91 Monkfish regulated mesh areas and 648.146 Black sea bass recreational fishing restrictions on gear and methods of fish- season. ing. 648.147 Black sea bass size requirements. 648.92 Effort-control program for monkfish 648.148 Special management zones. limited access vessels. 648.149 Black sea bass framework adjust- 648.93 Monkfish minimum fish sizes. ments to management measures. 648.94 Monkfish possession and landing re- 648.150 Block Island Sound Transit Zone. strictions. 648.95 Offshore Fishery Program in the Subpart J—Management Measures for the SFMA. Atlantic Bluefish Fishery 648.96 FMP review, specification, and framework adjustment process. 648.160 Bluefish Annual Catch Limit (ACL).

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648.161 Bluefish Annual Catch Targets 648.296 Tilefish recreational possession lim- (ACTs). its and gear restrictions. 648.162 Bluefish specifications. 648.297 Tilefish gear restricted areas. 648.163 Bluefish Accountability Measures 648.299 Tilefish framework specifications. (AMs). 648.164 Bluefish possession restrictions. Subpart O—Management Measures for the 648.165 Bluefish minimum fish sizes. NE Skate Complex Fisheries 648.166 Bluefish gear restrictions. 648.167 Bluefish framework adjustment to 648.320 Skate FMP review and monitoring. management measures. 648.321 Framework adjustment process. 648.322 Skate allocation, possession, and Subpart K—Management Measures for the landing provisions. 648.323 Accountability measures. Atlantic Herring Fishery 648.200 Specifications. Subpart P—Mid-Atlantic Forage Species 648.201 AMs and harvest controls. 648.350 Mid-Atlantic forage species landing 648.202 Season and area restrictions. limits. 648.203 Gear restrictions. 648.351 Mid-Atlantic forage species posses- 648.204 Possession restrictions. sion limits. 648.205 VMS requirements. 648.352 Mid-Atlantic forage species frame- 648.206 Framework provisions. work measures. 648.207 Herring Research Set-aside (RSA) Subpart Q—Habitat-Related Management Subpart L—Management Measures for the Measures Spiny Dogfish Fishery 648.370 Habitat Management Areas. 648.230 Spiny dogfish Annual Catch Limits 648.371 Dedicated Habitat Research Areas. (ACLs). 648.372 Frank R. Lautenberg Deep-Sea Coral 648.231 Spiny dogfish Annual Catch Target Protection Area. (ACT) and Total Allowable Level of FIGURE 1 TO PART 648 Landings (TAL). 648.232 Spiny dogfish specifications. AUTHORITY: 16 U.S.C. 1801 et seq. 648.233 Spiny dogfish Accountability Meas- SOURCE: 61 FR 34968, July 3, 1996, unless ures (AMs). otherwise noted. 648.234 Gear restrictions. [Reserved] EDITORIAL NOTE: Nomenclature changes to 648.235 Spiny dogfish possession and landing part 648 appear at 62 FR 14651, Mar. 27, 1997. restrictions. 648.236 Special Management Zones. [Re- served] Subpart A—General Provisions 648.237–648.238 [Reserved] 648.239 Spiny dogfish framework adjust- § 648.1 Purpose and scope. ments to management measures. (a) This part implements the fishery management plans (FMPs) for the At- Subpart M—Management Measures for the lantic mackerel, Atlantic chub mack- Atlantic Deep-Sea Red Crab Fishery erel, longfin squid, Illex squid, and 648.260 Specifications. butterfish fisheries (Mackerel, Squid, 648.261 Framework adjustment process. and Butterfish FMP); Atlantic salmon 648.262 Accountability measures for red (Atlantic Salmon FMP); the Atlantic crab limited access vessels. sea scallop fishery (Scallop FMP); the 648.263 Red crab possession and landing re- Atlantic surfclam and ocean quahog strictions. 648.264 Gear requirements/restrictions. fisheries (Atlantic Surfclam and Ocean Quahog FMP); the NE multispecies and Subpart N—Management Measures for the monkfish fisheries ((NE Multispecies Golden Tilefish and Blueline Tilefish FMP) and (Monkfish FMP)); the sum- Fisheries mer flounder, scup, and black sea bass fisheries (Summer Flounder, Scup, and 648.290 Tilefish Annual Catch Limit (ACL). Black Sea Bass FMP); the Atlantic 648.291 Tilefish Annual Catch Target (ACT). bluefish fishery (Atlantic Bluefish 648.292 Tilefish specifications. FMP); the Atlantic herring fishery (At- 648.293 Tilefish accountability measures. 648.294 Golden tilefish individual fishing lantic Herring FMP); the spiny dogfish quota (IFQ) program. fishery (Spiny Dogfish FMP); the At- 648.295 Tilefish commercial trip limits and lantic deep-sea red crab fishery (Deep- landing condition. Sea Red Crab FMP); the golden and

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blueline tilefish fisheries (Tilefish responsible for observing, verifying, FMP); and the NE skate complex fish- and reporting area fished, catch, and eries (Skate FMP). These FMPs and discards of all species by gear type for the regulations in this part govern the sector trips as part of an approved sec- conservation and management of the tor at-sea monitoring program. above named fisheries of the North- Atlantic butterfish or butterfish means eastern United States. Peprilus triacanthus. (b) This part governs domestic fish- Atlantic Chub Mackerel Management ing only. Foreign fishing is governed Unit means an area of the Atlantic under subpart F of part 600 of this Ocean in which the United States exer- chapter. cises exclusive jurisdiction over all At- [61 FR 34968, July 3, 1996, as amended at 61 lantic chub mackerel fished for, pos- FR 43424, Aug. 23, 1996; 62 FR 13299, Mar. 20, sessed, caught, or retained in or from 1997; 65 FR 1568, Jan. 11, 2000; 65 FR 77464, that is bounded on the west and north Dec. 11, 2000; 66 FR 49192, Sept. 26, 2001; 67 FR by the coastline of the United States; 63229, Oct. 10, 2002; 68 FR 49699, Aug. 19, 2003; bounded on the east by the outer limit 76 FR 60649, Sept. 29, 2011; 82 FR 52855, Nov. of the U.S. EEZ; and bounded on the 15, 2017; 85 FR 47109, Aug. 4, 2020] south by a line following the lateral § 648.2 Definitions. seaward boundary between North Caro- lina and South Carolina from the coast In addition to the definitions in the to the Submerged Lands Act line, ap- Magnuson Act and in § 600.10 of this proximately 33°48′46.37″ N lat., chapter, the terms used in this part 78°29′46.46″ W long., and then heading have the following meanings: due east along 33°48′46.37″ N lat. to the Alewife means Alosa pseudoharengus. outer limit of the U.S. Exclusive Eco- American lobster or lobster means nomic Zone. Homarus americanus. Atlantic croaker means Micropogonias American shad means Alosa undulatus. sapidissima. Annual catch entitlement (ACE), with Atlantic deep-sea red crab (red crab) respect to the NE multispecies fishery, means Chaceon quinquedens. means the share of the annual catch Atlantic hagfish means Myxine limit (ACL) for each NE multispecies glutinosa. stock that is allocated to an individual Atlantic herring means Clupea sector or state-operated permit bank harengus. based upon the cumulative fishing his- Atlantic herring carrier means a fish- tory attached to each permit partici- ing vessel that may receive and trans- pating in that sector or held by a state- port herring caught by another fishing operated permit bank in a given year. vessel, provided the vessel has been This share may be adjusted due to pen- issued a herring permit, does not have alties for exceeding the sector’s ACE any gear on board capable of catching for a particular stock in earlier years, or processing herring, and that has on or due to other violations of the FMP, board a letter of authorization from including the yearly sector operations the Regional Administrator to trans- plan. When a sector’s or state-operated port herring caught by another fishing permit bank’s share of a NE multispe- vessel or has declared an Atlantic her- cies stock, as determined by the fishing ring carrier trip via VMS consistent histories of vessels participating in with the requirements at that sector or permits held by a state- § 648.4(a)(10)(ii). operated permit bank, is multiplied by Atlantic herring dealer means: the available catch, the result is the (1) Any person who purchases or re- amount of ACE (live weight in pounds) ceives for a commercial purpose other that can be harvested (landings and than solely for transport or pumping discards) by participants in that sector operations any herring from a vessel or transferred by a state-operated per- issued a Federal Atlantic herring per- mit bank, during a particular fishing mit, whether offloaded directly from year. the vessel or from a shore-based pump, At-sea monitor, with respect to the NE for any purpose other than for the pur- multispecies fishery, means any person chaser’s own use as bait;

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(2) Any person owning or operating a Black sea bass means Centropristis processing vessel that receives any At- striata. lantic herring from a vessel issued a Black Sea Bass Monitoring Committee Federal Atlantic herring permit wheth- means a committee made up of staff er at sea or in port; or representatives of the Mid-Atlantic, (3) Any person owning or operating New England, and South Atlantic Fish- an Atlantic herring carrier that sells ery Management Councils, the North- Atlantic herring received at sea or in east Regional Office of NMFS, the port from a vessel issued a Federal At- Northeast Fisheries Science Center, lantic herring permit. and Commission representatives. The Atlantic herring offload means to re- Council Executive Director or his des- move, begin to remove, to pass over the ignee chairs the Committee. rail, or otherwise take Atlantic herring Black sea bass pot or black sea bass off of or away from any vessel issued trap means any such gear used in an Atlantic herring permit for sale to catching and retaining black sea bass. either a permitted at-sea Atlantic her- Blowfish (puffer) means any species in ring dealer or a permitted land-based the family Tetraodontidae. Atlantic herring dealer. Blueback herring means Alosa Atlantic herring processor means a per- aestivalis. son who receives unprocessed Atlantic Bluefish means Pomotomus saltatrix. herring from a fishing vessel issued a Bluefish Monitoring Committee means Federal Atlantic herring permit or a committee made up of staff rep- from an Atlantic herring dealer for the resentatives of the Mid-Atlantic Fish- purposes of processing; or the owner or ery Management Council, the New Eng- operator of a fishing vessel that proc- land Fishery Management Council, and esses Atlantic herring; or an Atlantic South Atlantic Fishery Management herring dealer who purchases Atlantic Council, the NMFS Northeast Regional herring from a fishing vessel with a Office, the NMFS Northeast Fisheries Federal Atlantic herring permit for re- Science Center, and the Commission. sale as bait. The Mid-Atlantic Fishery Management Atlantic herring transfer at-sea means Council’s Executive Director or a des- a transfer from the hold, deck, codend, ignee chairs the committee. or purse seine of a vessel issued an At- Blueline tilefish means Caulolatilus lantic herring permit to another vessel microps. for personal use as bait, to an Atlantic Bonito means Sarda sarda. herring carrier or at-sea processor, to a Border transfer (BT) means the permitted transshipment vessel, or to amount of herring specified pursuant another permitted Atlantic herring to § 648.200 that may be transferred to a vessel. Transfers between vessels en- Canadian transport vessel that is per- gaged in pair trawling are not herring mitted under the provisions of Pub. L. transfers at-sea. 104–297, section 105(e). Atlantic mackerel means Scomber Bottom-tending mobile gear, means scombrus. gear in contact with the ocean bottom, Atlantic salmon means Salmo salar. and towed from a vessel, which is Atlantic sea scallop or scallop means moved through the water during fish- , throughout ing in order to capture fish, and in- its range. cludes otter trawls, beam trawls, hy- Beam trawl means gear, consisting of draulic dredges, non-hydraulic dredges, a twine bag attached to a beam at- and seines (with the exception of a tached to a towing wire, designed so purse seine). that the beam does not contact the Bridles connect the wings of a bottom bottom. The beam is constructed with trawl to the ground cables. The ground sinkers or shoes on either side that cables lead to the doors or otter support the beam above the bottom or boards. The doors are attached to the any other modification so that the towing vessel via steel cables, referred beam does not contact the bottom. The to as wires or warps. Each net has two beam trawl is designed to slide along sets of bridles, one on each side. the bottom rather than dredge the bot- Brush-sweep trawl gear means trawl tom. gear consisting of alternating roller

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discs and bristle brushes that are trip taken by a common pool vessel strung along cables, chains, or under a NE multispecies DAS or under footropes, and aligned together to form the provisions of a limited access NE the sweep of the trawl net, designed to multispecies Small Vessel or Handgear allow the trawl sweep to maintain con- A permit, or an open access Handgear tact with the ocean floor, or any modi- B permit that lands regulated species fication to trawl gear that is substan- or ocean pout. tially similar in design or effect. Common pool vessel, with respect to Bushel (bu) means a standard unit of the NE multispecies fishery, means any volumetric measurement deemed to vessel issued a limited access NE hold 1.88 ft3 (53.24 L) of surfclams or multispecies permit or open access NE ocean quahogs in shell, or 1.24 ft3 (35.24 multispecies Handgear B permit that is L) of in-shell Atlantic sea . not a member of an approved sector for Cage means a container with a stand- a particular fishing year and that is ard unit of volumetric measurement not operating under the provisions of containing 60 ft3 (1,700 L). The outside an approved sector operations plan. dimensions of a standard cage gen- Such vessels must use a NE multispe- erally are 3 ft (91 cm) wide, 4 ft (122 cm) cies DAS, or be fishing under the provi- long, and 5 ft (152 cm) high. sions of a limited access NE multispe- Calendar day, with respect to the cies Small Vessel or Handgear A per- squid and butterfish fisheries, means mit, or an open access Handgear B per- the 24-hr period beginning at 0001 hours mit, to land regulated species or ocean and ending at 2400 hours, pout, and must comply with effort con- Chafing gear or cookies, with respect trols, trip limits, gear restricted areas, to the scallop fishery, means steel, rub- and other provisions specified in this berized or other types of donut rings, part. Vessels fishing under the provi- disks, washers, twine, or other mate- sions of the common pool are also re- rial attached to or between the steel ferred to as non-sector vessels. rings of a sea scallop dredge. Conger eel means Conger oceanicus. Charter or party boat means any ves- sel that carries passengers for hire to Council means the New England Fish- engage in recreational fishing and, ery Management Council (NEFMC) for with respect to multispecies, that is the Atlantic herring, Atlantic sea scal- not fishing under a DAS. lop, Atlantic deep-sea red crab, NE Circle hook, with respect to the NE multispecies, monkfish, and NE skate multispecies fishery, means a fishing fisheries; or the Mid-Atlantic Fishery hook with the point turned perpendicu- Management Council (MAFMC) for the larly back to the shank, or an offset Atlantic mackerel, Atlantic chub circle hook where the barbed end of the mackerel, Illex squid, longfin squid, and hook is displaced relative to the par- butterfish; Atlantic surfclam and ocean allel plane of the eyed-end, or shank, of quahog; summer flounder, scup, and the hook when laid on its side. black sea bass; spiny dogfish; Atlantic Combination vessel means a vessel bluefish; and tilefish fisheries. that has fished in any one calendar Councils with respect to the monkfish year with scallop dredge gear and otter fishery and spiny dogfish fishery means trawl gear during the period 1988 the New England Fishery Management through 1990, and that is eligible for an Council (NEFMC) and the Mid-Atlantic allocation of individual DAS under the Fishery Management Council NE Multispecies FMP and has applied (MAFMC). for or been issued a limited access scal- Cunner means Tautogolabrus lop permit. adspersus. or fishing commer- DAS flip, with respect to the NE cially means fishing that is intended to, multispecies fishery, means ending or results in, the barter, trade, trans- fishing under a Regular B DAS and be- fer, or sale of fish. ginning fishing under a Category A Commission means the Atlantic DAS. States Marine Fisheries Commission. DAS Lease, with respect to the NE Common pool trip, with respect to the multispecies limited access fishery, NE multispecies fishery, means any means the transfer of the use of DAS

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from one limited access NE multispe- common pool or sector vessels either cies vessel to another limited access directly to a federally permitted dealer NE multispecies vessel for a period not or to a truck for later delivery to a fed- to exceed a single fishing year. erally permitted dealer, and for certi- DAS Lessee, with respect to the NE fying the accuracy of landed weights, multispecies limited access fishery, as reported by federally permitted means the NE multispecies limited ac- dealers, pursuant to this part. cess vessel owner and/or the associated Dredge or dredge gear, with respect to vessel that acquires the use of DAS the scallop fishery, means gear con- from another NE multispecies limited sisting of a mouth frame attached to a access vessel. holding bag constructed of metal rings, DAS Lessor, with respect to the NE or any other modification to this de- multispecies limited access fishery, sign, that can be or is used in the har- means the NE multispecies limited ac- vest of scallops. cess vessel owner and/or the associated Dredge bottom, with respect to scal- vessel that transfers the use of DAS to lops, means the rings and links found another NE multispecies limited access between the bail of the dredge and the vessel. club stick, which, when fishing, would Day(s)-at-Sea (DAS), with respect to be in contact with the sea bed. This in- the NE multispecies and monkfish fish- cludes the triangular shaped portions eries (except as described in of the ring bag commonly known as § 648.82(k)(1)(iv)), and the Atlantic sea ‘‘diamonds.’’ scallop fishery, means the 24-hr period Dredge top, with respect to the scal- of time or any part thereof during lop fishery, means the mesh panel in which a fishing vessel is absent from the top of a dredge and immediately port to fish for, possess, or land, or adjacent rings and links found between fishes for, possesses or lands, regulated the bail of the dredge, the club stick, species, monkfish, or scallops. and the two side panels. The bail of the Dealer means any person who re- dredge is the rigid structure of the for- ceives, for a commercial purpose (other ward portion of the dredge that con- than solely for transport on land), from nects to the warp and holds the dredge the owner or operator of a vessel issued open. The club stick is the rigid bar at a valid permit under this part, any spe- the tail of the dredge bag that is at- cies of fish, the harvest of which is tached to the rings. managed by this part, unless otherwise Dredge vessel, with respect to the exempted in this part. scallop fishery, means any fishing ves- Dealer code means a confidential five- sel that is equipped for fishing using digit number assigned to each dealer dredge gear and that is capable of required to submit purchases using the catching scallops. IVR system for the purpose of main- Electronic monitoring means a net- taining the integrity of the data re- work of equipment that uses a software ported through the IVR system. operating system connected to one or De-hooker, with respect to the NE more technology components, includ- multispecies hook gear fishery, means ing, but not limited to, cameras and re- the fairlead rollers when used in a cording devices to collect data on manner that extracts fish hooks from catch and vessel operations. With re- caught fish, also known as spect to the NE multispecies fishery, ‘‘crucifiers.’’ electronic monitoring means any Directed fishery, with respect to the equipment that is used to monitor area longfin squid, Illex squid, and fished and the amount and identity of butterfish fisheries, means commercial species kept and discarded in lieu of at- fishery operations in which more than sea monitors as part of an approved an incidental catch of each species, as Sector at-sea monitoring program. defined in this section, is retained by a Exempted gear, with respect to the NE vessel. multispecies fishery, means gear that Dockside/roving monitor, with respect is deemed to be not capable of catching to the NE multispecies fishery, means NE multispecies, and includes: Pelagic any person responsible for observing/ hook and line, pelagic longline, spears, verifying the offloads of all species by rakes, diving gear, cast nets, tongs,

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harpoons, weirs, dipnets, stop nets, Gillnet gear capable of catching multi- pound nets, pelagic gillnets, pots and species means all gillnet gear except pe- traps, shrimp trawls (with a properly lagic gillnet gear specified at configured grate as defined under this § 648.81(b)(2)(ii) and (d)(5)(ii) and pelagic part), and surfclam and ocean quahog gillnet gear that is designed to fish for dredges. and is used to fish for or catch , Fishing circle, with respect to the NE swordfish, and . multispecies limited access fishery, Golden tilefish means Lopholatilus means the calculated circumference of chamaeleonticeps. a bottom trawl based on the number of Gross registered tonnage (GRT) means meshes and stretched mesh length at the gross registered tonnage specified the narrow, aft end of the square of the on the USCG documentation for a ves- net. sel. Fishing trip or trip means a period of Ground cables on a bottom trawl run time during which fishing is conducted, between the bridles, which attach di- beginning when the vessel leaves port rectly to the wings of the net, and the and ending when the vessel returns to doors, or otter boards. The doors are port. attached to the towing vessel via steel Fishing year means: cables, referred to as wires or warps. (1) For the Atlantic deep-sea red crab Hagfish means Myxine glutinosa. fishery, from March 1 through the last Hail Weight means a good-faith esti- day of February of the following year. mate in pounds (or count of individual (2) Beginning in 2018, for the Atlantic fish, if a party or charter vessel), by sea scallop fishery, from April 1 species, of all species, or parts of spe- through March 31 of the following year cies, such as monkfish livers, landed or (for 2017, the Atlantic sea scallop fish- discarded for each trip. ing year will be from March 1, 2017, Handgear, with respect to the NE through March 31, 2018). multispecies fishery, means handline gear, rod and reel gear, and tub-trawl (3) For the NE multispecies, gear. monkfish and skate fisheries, from Handline or handline gear means fish- May 1 through April 30 of the following ing gear that is released by hand and year. consists of one main line to which is (4) For the golden tilefish fishery, attached no more than two leaders for from November 1 through October 31 of a total of no more than three hooks. the following year. Handlines are retrieved only by hand, (5) For all other fisheries in this part, not by mechanical means. from January 1 through December 31. Harbor porpoise means Phocoena Fixed gear, for the purposes of the At- phocoena. lantic herring fishery, means weirs or Harbor Porpoise Review Team (HPRT) stop seines. means a team of scientific and tech- Flatfish gillnets means gillnets that nical experts appointed by the NEFMC are either constructed with no floats to review, analyze, and propose harbor on the float line, or that are con- porpoise take mitigation alternatives. structed with floats on the float line Hickory shad means Alosa mediocris. and that have tie-down twine between Hook gear means fishing gear that is the float line and the lead line not comprised of a hook or hooks attached more than 48 inches (18.90 cm) in length to a line and includes, but is not lim- and spaced not more than 15 feet (4.57 ited to, longline, setline, jigs, troll m) apart. line, rod and reel, and line trawl. FMP means fishery management Illex means Illex illecebrosus (short- plan. finned or summer squid). Fourspot flounder means Paralichthys Incidental catch, with respect to the oblongus. longfin squid, Illex squid, and Full-processing (fully process or fully butterfish fisheries, means less than processed), with respect to the Atlantic 250 lb (113 kg) of longfin squid, 10,000 lb deep-sea red crab fishery, means any ac- (4,536 kg) of Illex squid, or 600 lb (272 tivity that removes meat from any kg) of butterfish retained on board the part of a red crab. vessel.

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Incidental Total Allowable Catch Land means to begin offloading fish, (TAC), with respect to the NE multi- to offload fish, or to enter port with species fishery, means the total fish. amount of catch (both kept and dis- Lessee means: carded) of a regulated groundfish stock (1) A vessel owner who receives tem- of concern that can be taken by vessels porarily transferred NE multispecies fishing under Category B DAS. DAS from another vessel through the Individual Transferable Quota (ITQ) DAS Leasing Program specified at Program means, for the Atlantic § 648.82(k); or surfclam and ocean quahog fishery, the (2) A person or entity eligible to hold annual individual allocation of quota golden tilefish IFQ allocation, who re- specified at § 648.74. ceives temporarily transferred golden Inshore exempted species means the tilefish IFQ allocation, as specified at following species: § 648.294(e)(1). Bay scallop—Aequipecten irradians. Lessor means: Blood arc clam—Anadara ovalis. (1) A vessel owner who temporarily Blood worm—Glycera dibranchiata. transfers NE multispecies DAS to an- Blue crab—Callinectes similis and Callinectes other vessel through the DAS Leasing sapidus. Program specified at § 648.82(k); or Blue —Mytilus edulis. Green crab—Carcinus maenas. (2) An IFQ allocation permit holder Hermit crab—Clibanarius vittatus, Pagurus who temporarily transfers golden pollicaris and Pagurus longicarpus. tilefish IFQ allocation, as specified at Japanese shore crab—Hemigrapsus § 648.294(e)(1). sanguineus. Limited access general category (LAGC) — virginica and Ostrea scallop vessel means a vessel that has edulis. been issued an individual fishing quota Quahog—Mercenaria mercenaria. Razor clam— directus. (IFQ), Northern Gulf of Maine (NGOM), Sand worm—Neresis virens. or incidental catch LAGC scallop per- Soft clam—Mya arenaria. mit pursuant to § 648.4(a)(2)(ii). An Spider crabLibinia emarginata. LAGC scallop vessel may also be issued a limited access scallop permit. Interest in an IFQ allocation means: An allocation of quota share or annual Limited access herring vessel means a IFQ allocation held by an individual; or vessel that has been issued a valid per- by a company in which the individual mit for any type of limited access her- is an owner, part owner, officer, share- ring vessel permit described in § 648.4. holder, or partner; or by an immediate Limited access scallop vessel means a family member (an individual’s par- vessel that has been issued a limited ents, spouse, children, and siblings). access full-time, part-time, or occa- IVR System means the Interactive sional scallop permit pursuant to Voice Response reporting system es- § 648.4(a)(2)(i). A limited access scallop tablished by the Regional Adminis- vessel may also be issued an LAGC trator for the purpose of monitoring scallop permit. harvest levels for certain species. Liner means a piece of mesh or any Jigging, with respect to the NE multi- other material rigged inside or outside species fishery, means fishing for regu- the main or outer net or dredge that lated species with handgear, handline, restricts the mesh or ring size or other- or rod and reel using a jig, which is a wise reduces escapement. weighted object attached to the bottom Link, with respect to the sea scallop of the line used to sink the line and/or fishery, means the material, usually imitate a baitfish, which is moved made of a 3⁄8-inch (10-mm) or 7⁄16-inch (‘‘jigged’’) with an up and down mo- (11-mm) diameter metal rod, that joins tion. two adjacent rings within the ring bag John Dory means Zenopsis conchifera. of a dredge. JVPt, with respect to the Atlantic her- Little tunny means Euthynnus ring fishery, means the specification of alleteratus. the total amount of herring available Longfin squid means Doryteuthis for joint venture processing by foreign (Amerigo) pealeii (formerly Loligo vessels in the EEZ and state waters. pealeii).

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Longhorn sculpin means (i) Shortnose greeneye- Myoxocephalus octodecimspinosus. Chlorophthalmus agassizi. Longline gear means fishing gear that (ii) Longnose greeneye-Parasudis is or is designed to be set horizontally, truculenta. either anchored, floating, or attached (4) Halfbeaks (family to a vessel, and that consists of a main Hemiramphidae), including but not or ground line with three or more limited to the following species: gangions and hooks. (i) Flying halfbeak-Euleptorhamphus Mackerel, Squid, and Butterfish Moni- velox. toring Committee means the committee (ii) Balao-Hemiramphus balao. made up of staff representatives of the (iii) Ballyhoo-Hemiramphus MAFMC and the NEFMC, and the brasiliensis. Greater Atlantic Regional Fisheries Of- (iv) False silverstripe halfbeak/Amer- fice and NEFSC of NMFS. The MAFMC ican halfbeak/Meek’s halfbeak- Executive Director or a designee chairs Hyporhamphus meeki. the Committee. (5) Herrings and Sardines (family Mahogany Quahog see Ocean Quahog Clupeidae). With the exception of other Maine bushel means a standard unit herring and sardine species managed of volumetric measurement equal to under this part, including American 1.2445 cubic feet (35.24 L) of ocean qua- shad, Atlantic herring, blueback her- hogs in the shell. ring, hickory shad, and river herring/ Maine mahogany quahog zone means alewife, as defined in this section, the the area bounded on the east by the following herring and sardine species U.S.-Canada maritime boundary, on are Mid-Atlantic forage species: the south by a straight line at 43°50′ N. (i) Round herring-Etrumeus teres. latitude, and on the north and west by (ii) Scaled sardine-Harengula jaguana. the shoreline of Maine. (iii) Atlantic thread herring- MCSP means a Mobile Communica- Opisthonema oglinum. tions Service Provider, which is an op- (iv) Spanish sardine-Sardinella aurita. erator of a mobile communications (6) (family service used to provide wireless Myctophidae), including but not lim- connectivity between mobile platforms ited to the following species: and fixed platforms, and enables loca- (i) Horned -Ceratoscopelus tion transmission and two-way mes- maderensis. sage exchange between the vessel and (ii) Dumril’s headlightfish-Diaphus NMFS, when using a compatible MTU. dumerilii. Menhaden means Atlantic menhaden, (iii) Crocodile lanternfish- Brevoortia tyrannus. Lampanyctus crocodilus. Mid-Atlantic forage species means the (iv) Doflein’s false headlightfish- following species and species groups: Lobianchia dofleini. (1) Anchovies (family Engraulidae), (v) Spotted lanternfish-Myctophum including but not limited to the fol- punctatum. lowing species: (7) Pearlsides (family (i) Striped anchovy-Anchoa hepsetus. Sternoptychidae), including but not (ii) Dusky anchovy-Anchoa lyolepis. limited to the following species: (iii) Bay anchovy-Anchoa mitchilli. (i) Atlantic silver hatchetfish- (iv) Silver anchovy-Engraulis Argyropelecus aculeatus. eurystole. (ii) Muller’s pearlside-Maurolicus (2) Argentines (family Argentinidae), muelleri. including but not limited to the fol- (iii) Weizman’s pearlside-Maurolicus lowing species: weitzmani. (i) Striated argentine-Argentina (iv) Slope hatchetfish-Polyipnus striata. clarus. (ii) Pygmy argentine-Glossanodon (8) Sand lances (family pygmaeus. Ammodytidae), including but not lim- (3) Greeneyes (family ited to the following species: Chlorophthalmidae), including but not (i) American/inshore sand lance- limited to the following species: Ammodytes americanus.

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(ii) Northern/offshore sand lance- Midwater trawl gear means trawl gear Ammodytes dubius. that is designed to fish for, is capable (9) Silversides (family of fishing for, or is being used to fish Atherinopsidae), including but not lim- for pelagic species, no portion of which ited to the following species: is designed to be or is operated in con- (i) Rough silverside-Membras tact with the bottom at any time. The martinica. gear may not include discs, bobbins, or (ii) Inland silverside-Menidia rollers on its footrope, or chafing gear beryllina. as part of the net. (iii) Atlantic silverside-Menidia Mobile gear means trawls, beam menidia. trawls, and dredges that are designed (10) Cusk-eels (order Ophidiiformes), to maneuver with that vessel. including but not limited to the fol- Monkfish, also known as anglerfish or lowing species: goosefish, means Lophius americanus. (i) Chain pearlfish-Echiodon dawsoni. Monkfish gillnets means gillnet gear (ii) Fawn cusk-eel-Lepophidium with mesh size no smaller than 10– profundorum. inches (25.4 cm) diamond mesh that is (iii) Striped cusk-eel-Ophidion designed and used to fish for and catch marginatum. monkfish while fishing under a (11) Atlantic -Scomberesox monkfish DAS. saurus. Monkfish Monitoring Committee means (12) Pelagic mollusks and a team of scientific and technical staff , excluding sharptail appointed by the NEFMC and MAFMC shortfin squid (Illex oxygonius), but in- to review, analyze, and recommend ad- cluding the following pelagic mollusc justments to the management meas- species: ures. The team consists of staff from (i) Neon flying squid-Ommastrephes the NEFMC and the MAFMC, NMFS bartramii. Northeast Regional Office, NEFSC, the USCG, two fishing industry representa- (ii) European flying squid-Todarodes tives selected by their respective Coun- sagittatus. cil chairman (one from each manage- (iii) Atlantic brief squid-Lolliguncula ment area with at least one of the two brevis. representing either the Atlantic sea (iv) Bobtail (family scallop or northeast multispecies fish- Sepiolidae), including but not limited ery), and staff from affected coastal to the following species: states, appointed by the Atlantic (A) Odd bobtail squid-Heteroteuthis States Marine Fisheries Commission. dispar. The Chair is elected by the Committee (B) Big fin bobtail squid-Rossia from within its ranks, subject to the megaptera. approval of the Chairs of the NEFMC (C) Warty bobtail squid-Rossia and MAFMC. palpebrosa. Monkfish-only DAS means monkfish (D) Lesser bobtail squid-Semirossia DAS allocated to a limited access tenera. monkfish Category C, D, F, G, or H per- (E) Butterfly bobtail squid- mit that are in excess of that permit’s Stoloteuthis leucoptera. initial allocation of Northeast multi- (v) Sea angels and sea butterflies (or- species Category A DAS at the begin- ders Gymnosomata and Thecosomata). ning of a fishing year. (vi) Tuberculate pelagic - MTU means a Mobile Transmitting Ocythoe tuberculata. Unit, which is a transceiver or commu- (13) Species under one inch as adults, nications device, including antennae, including but not limited to the fol- dedicated message terminal and dis- lowing species groups: play, and an input device such as a (i) Copepods (subclass Copepoda). keyboard installed on a fishing vessel (ii) Krill (order Euphausiacea). participating in the VMS program. (iii) Amphipods (order Amphipoda). Mullet means any species in the fam- (iv) Ostracods (class Ostracoda). ily Mugilidae. (v) Isopods (order Isopoda). Multispecies frames, also known as (vi) Mysid shrimp (order Mysidacea). multispecies racks, means the remains

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of the multispecies finfish after it has Atlantic halibut—Hippoglossus been filleted or processed, not includ- hippoglossus. ing the fillet. Atlantic wolffish—Anarhichas lupus. Haddock—Melanogrammus aeglefinus. Multispecies Monitoring Committee Ocean pout—Macrozoarces americanus. means a team of scientific and tech- Offshore hake—Merluccius albidus. nical staff appointed by the NEFMC to Pollock—Pollachius virens. review, analyze, and recommend ad- Redfish—Sebastes fasciatus. justments to the measurement meas- Red hake—Urophycis chuss. ures. The team consists of staff from Silver hake (whiting)—Merluccius bilinearis. the NEFMC and the MAFMC, NMFS White hake—Urophycis tenuis. Windowpane flounder—Scophthalmus Northeast Region Office, NEFSC, the aquosus. USCG, an industry representative, and Winter flounder—Pleuronectes americanus. no more than two representatives, ap- Witch flounder—Glyptocephalus cynoglossus. pointed by the Commission, from af- Yellowtail flounder—Pleuronectes fected states. ferruginea. NAFO means Northwest Atlantic Northern shrimp means Pandalus bore- Fisheries Organization. alis. NAFO Convention Area means the wa- Not available for immediate use means ters of the Northwest that the gear is not being used for fish- north of 35°00′ N. lat. and west of a line ing and is stowed in conformance with extending due north from 35°00′ N. lat. one of the following methods: and 42°00′ W. long. to 59°00′ N. lat., (1) Nets—(i) Below-deck stowage. (A) thence due west to 44°00′ W. long., and The net is stored below the main work- thence due north to the coast of Green- ing deck from which it is deployed and land and the waters of the Gulf of St. retrieved; Lawrence, Davis Strait and Baffin Bay (B) The net is fan-folded (flaked) and south of 78°10′ N. lat. bound around its circumference. NAFO Regulatory Area means the part Observer or monitor means any person of the NAFO Convention Area which certified by NMFS to collect oper- lies beyond the 200–mile zone of the ational fishing data, biological data, or coastal states. economic data through direct observa- NEFSC means the Northeast Fish- tion and interaction with operators of eries Science Center, NMFS. commercial fishing vessels as part of NE Skate Complex (skates) means NMFS’ Northeast Fisheries Observer Leucoraja ocellata (winter skate); Program. Observers or monitors in- Dipturis laevis (barndoor skate); clude NMFS-certified fisheries observ- Amblyraja radiata (thorny skate); ers, at-sea monitors, portside samplers, Malacoraja senta (smooth skate); and dockside monitors. Leucoraja erinacea (little skate); Raja (ii) On-deck stowage. (A) The net is eglanteria (clearnose skate); and fan-folded (flaked) and bound around Leucoraja garmani (rosette skate). its circumference; Net tonnage (NT) means the net ton- (B) The net is securely fastened to nage specified on the USCG docu- the deck or rail of the vessel; and mentation for a vessel. (C) The towing wires, including the Non-exempt gillnet fishery means a leg wires, are detached from the net. fishery which uses gillnet gear capable (iii) On-reel stowage. (A) The net is on of catching multispecies. the net reel; Non-exempt species means species of (B) The codend of the net is removed fish not included under the GOM, GB from the net and stored below deck; and SNE Regulated Mesh Area exempt- and ed fisheries, as specified in § 648.80(a)(5); (C) The entire surface of the net is (a)(6); (a)(9) through (14); (b)(3)(i) and covered and securely bound by: (ii); (b)(5) through (8); and (d), (e), (h), (1) Canvas of other similar opaque and (i). material; or Northeast (NE) multispecies or multispe- (2) A highly visible orange or yellow cies means the following species: mesh material that is not capable of American plaice—Hippoglossoides catching fish or being utilized as fish- platessoides. ing gear. An example of highly visible Atlantic cod—Gadus morhua. orange or yellow mesh includes but is

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not limited to the orange fence mate- writing by the Regional Administrator rial commonly used to enclose con- and subsequently published in the FED- struction sites. ERAL REGISTER. (iv) On-reel stowage for vessels Observer/sea sampler means any per- transiting the Gulf of Maine Rolling Clo- son certified/approved by NMFS to col- sure Areas and the Georges Bank Sea- lect operational fishing data, biological sonal Closure Area. (A) If a vessel is data, or economic data through direct transiting the Gulf of Maine Rolling Clo- observation and interaction with oper- sure Areas and the Georges Bank Sea- ators of commercial fishing vessels as sonal Closure Area, not available for im- part of NMFS’ Northeast Fisheries Ob- mediate use also means, the net is on server Program and Northeast At-sea the net reel; Monitoring Program. Observer/sea (B) No containment rope, codend samplers are also referred to as fish- tripping device, or other mechanism to eries observers, fisheries observers/sea close off the codend is attached to the samplers, and NMFS-certified fisheries codend; observers/sea samplers. (C) The entire surface of the net is Ocean quahog means the species covered and securely bound by: . (1) Canvas of other similar opaque Offload or offloading means to begin material; or to remove, to remove, to pass over the (2) A highly visible orange or yellow rail, or otherwise take away fish from mesh material that is not capable of any vessel. For purposes of the catching fish or being utilized as fish- surfclam and ocean quahog fishery, it ing gear. Highly visible orange or yel- means to separate physically a cage low mesh includes but is not limited to from a vessel, such as by removing the the orange fence material commonly sling or wire used to remove the cage used to enclose construction sites. from the harvesting vessel. (2) Scallop dredges. (i) The towing wire is detached from the scallop dredge, Open areas, with respect to the At- the towing wire is completely reeled up lantic sea scallop fishery, means any onto the winch, the dredge is secured, area that is not subject to restrictions and the dredge or the winch is covered of the Sea Scallop Rotational Areas so that it is rendered unusable for fish- specified in §§ 648.59 and 648.60, the ing; or Northern Gulf of Maine Management (ii) The towing wire is detached from Area specified in § 648.62, EFH Closed the dredge and attached to a bright- Areas specified in §§ 648.61 and 648.370, colored poly ball no less than 24 inches Dedicated Habitat Research areas spec- (60.9 cm) in diameter, with the towing ified in § 648.371, or the Frank R. Lau- wire left in its normal operating posi- tenberg Deep-Sea Coral Protection tion (through the various blocks) and Area described in § 648.372. either is wound back to the first block Operational discards in the Atlantic (in the gallows) or is suspended at the herring fishery means small amounts of end of the lifting block where its re- fish that cannot be pumped on board trieval does not present a hazard to the and remain in the codend or seine at crew and where it is readily visible the end of pumping operations. Leaving from above. small amounts of fish in the codend or (3) Hook gear (other than pelagic). All seine at the end of pumping operations anchors and buoys are secured and all is operationally discarding catch. hook gear, including jigging machines, Operator means the master, captain, are covered. or other individual on board a fishing (4) Sink gillnet gear. All nets are cov- vessel, who is in charge of that vessel’s ered with canvas or other similar ma- operations. terial and lashed or otherwise securely Out of the monkfish fishery means the fastened to the deck or rail, and all period of time during which a vessel is buoys larger than 6 inches (15.24 cm) in not fishing for monkfish under the diameter, high flyers, and anchors are monkfish DAS program. disconnected. Out of the multispecies fishery means (5) Other methods of stowage. Any the period of time during which a ves- other method of stowage authorized in sel is not fishing for regulated species

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under the NE multispecies DAS pro- Person who receives bluefish for com- gram. mercial purposes means any person (ex- Ownership interest, in the NE multi- cluding representatives of govern- species fishery, includes, but is not mental agencies) engaged in the sale, limited to holding share(s) or stock in barter, or trade of bluefish received any corporation, any partnership inter- from a fisherman, or one who trans- est, or membership in a limited liabil- ports bluefish from a fisherman. ity company, or personal ownership, in Postmark means independently whole or in part, of a vessel issued a verifiable evidence of date of mailing, limited access NE multispecies permit such as U.S. Postal Service postmark, or confirmation of permit history United Parcel Service (U.P.S.) or other (CPH), including any ownership inter- private carrier postmark, certified est in any entity or its subsidiaries or mail receipt, overnight mail receipt, or partners, no matter how far removed. receipt received upon hand delivery to Pair trawl or pair trawling means to an authorized representative of NMFS. tow a single net between two vessels. Potential Sector contribution (PSC), Parlor trap/pot means any structure with respect to the NE multispecies or other device, other than a net, with fishery, means an individual vessel’s more than one compartment inside de- share of the ACL for each stock of reg- signed to impede escape of lobsters or ulated species or ocean pout that is de- crabs from the device or structure, rived from the fishing history associ- which is placed, or designed to be ated with the permit issued to that placed, on the ocean bottom and is de- particular vessel for the purposes of signed for, or is capable of, catching participating in a sector and contrib- lobsters and/or red crabs. uting to that sector’s ACE for each Pelagic hook and line gear means stock allocated to sectors under the NE handline or rod and reel gear that is Multispecies FMP. designed to fish for, or that is being Prior to leaving port, with respect to used to fish for, pelagic species, no por- the call-in notification system for NE tion of which is designed to be or is op- erated in contact with the bottom at multispecies, and the call-in notifica- any time. tion system for monkfish vessels that Pelagic longline gear means fishing are fishing under the limited access gear that is not fixed, nor designed to monkfish Category C, D, F, G, or H per- be fixed, nor anchored to the bottom mit provisions that are also fishing and that consists of monofilament under a NE multispecies DAS, means main line (as opposed to a cable main no more than 1 hour prior to the time line) to which gangions are attached. a vessel leaves the last dock or moor- Permit year means: ing in port from which that vessel de- (1) For the Atlantic deep-sea red crab parts to engage in fishing, including fishery, from March 1 through the last the transport of fish to another port. day of February of the following year; With respect to the call-in notification (2) Beginning in 2018, for the Atlantic system for monkfish vessels that are sea scallop fishery, from April 1 fishing under the limited access through the last day of March of the monkfish Category A or B permit pro- following year (for 2017, the Atlantic visions, it means prior to the last dock sea scallop permit year will be from or mooring in port from which a vessel March 1, 2017, through March 31, 2018); departs to engage in fishing, including (3) For all other fisheries in this part, the transport of fish to another port. from May 1 through April 30 of the fol- Private recreational fishing vessel, with lowing year. respect to the NE multispecies fishery, Personal use, with respect to the means a vessel engaged in recreational surfclam or ocean quahog fishery, fishing that has not been issued a Fed- means harvest of surfclams or ocean eral NE multispecies permit, does not quahogs for use as bait, for human con- sell fish, and does not take passengers sumption, or for other purposes (not in- for hire. cluding sale or barter) in amounts not Processing, or to process, with respect to to exceed 2 bu (106.48 L) per person per the Atlantic herring fishery, means the fishing trip. preparation of Atlantic herring to

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render it suitable for human consump- sessed, caught, or retained in or from tion, bait, commercial uses, industrial such area. uses, or long-term storage, including Red crab trap/pot means any structure but not limited to cooking, canning, or other device, other than a net or roe extraction, smoking, salting, dry- parlor trap/pot, that is placed, or de- ing, freezing, or rendering into meat or signed to be placed, on the ocean bot- oil. tom and is designed for, or is capable Processor, with respect to the Atlantic of, catching red crabs. surfclam and ocean quahog fisheries, Red crab trip, with respect to the At- means a person who receives surfclams lantic deep-sea red crab fishery, means or ocean quahogs for a commercial pur- a trip on which a vessel fishes for, pos- pose and removes them from a cage. sesses, or lands, or intends to fish for, Purse seine gear means an encircling possess, or land red crab in excess of net with floats on the top edge, weights the incidental limit, as specified at and a purse line on the bottom edge, § 648.263(b)(1). and associated gear, or any net de- Regional Administrator means the Ad- signed to be, or capable of being, used ministrator, Northeast Region, NMFS, in such fashion. or a designee. Quota-managed species means any spe- Regulated fishery means any fishery cies of finfish managed under this part of the United States which is regulated under the Magnuson-Stevens Act. by an annual or seasonal quota, by an- Regulated species, means the subset of nual target or actual TAC, or by DAH NE multispecies that includes Atlantic limits. cod, witch flounder, American plaice, Records, with respect to records re- yellowtail flounder, haddock, pollock, quired to be kept by § 648.7, means winter flounder, windowpane flounder, those that include, but are not limited redfish, white hake, Atlantic halibut, to, any written, recorded, graphic, elec- and Atlantic wolffish. Regulated spe- tronic, or digital material; as well as cies is also referred to as regulated NE other information stored in or acces- multispecies. sible through a computer or other in- Reporting month means the period of formation retrieval system; work- time beginning at 0001 hours local time sheets; weighout slips; preliminary, in- on the first day of each calendar month terim, and final tally sheets; tags; and ending at 2400 hours local time on notes; logbooks; statements; receipts; the last day of each calendar month. checks; ledgers; notebooks; diaries; Reporting week means the period of spreadsheets; diagrams; graphs; charts; time beginning at 0001 local time on tapes; disks; or computer printouts. Sunday and ending at 2400 hours local Recreational fishing means fishing time the following Saturday. that is not intended to, nor results in Re-rig or re-rigged means physical al- the barter, trade, or sale of fish. teration of the vessel or its gear in Recreational fishing vessel, with re- order to transform the vessel into one spect to the scup fishery, means any capable of fishing commercially for a vessel from which no fishing other than species in the applicable fishery. recreational fishing is conducted. Char- Rigged hooks means hooks that are ter and party boats are considered rec- baited, or only need to be baited, in reational fishing vessels for purposes of order to be fished. Unsecured, unbaited the scup minimum size requirement. hooks and gangions are not considered Red Crab Management Unit means an to be rigged. area of the Atlantic Ocean from 35° 15.3′ River herring means alewife (Alosa N. Lat., the approximate latitude of pseudoharengus) and blueback herring Cape Hatteras Light, NC, northward to (Alosa aestivalis). the U.S.-Canada border, extending Rockhopper and roller gear means eastward from the shore to the outer trawl gear configured with disks, roll- boundary of the exclusive economic ers, or other similar shaped devices zone and northward to the U.S.-Canada that are attached to the bottom belly border in which the United States exer- of the trawl, contact the sea bottom, cises exclusive jurisdiction over all At- and that are designed to raise the bot- lantic deep-sea red crab fished for, pos- tom panel of the trawl off the ocean

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bottom so as to enable the gear to be only the portion of the scallop resource fished on hard bottom. within the area. Such measures are not Rod and reel means a hand-held (in- applicable as defined in § 648.2 in the cluding rod holder) fishing rod with a definition to Open Areas. manually operated reel attached. Sea raven means Hemitripterus Roundfish gillnets means gillnets that americanus. are constructed with floats on the float Searobin means any species of the line and that have no tie-down twine family Triglidae. between the float line and the lead Sector, with respect to the NE multi- line. species fishery, means a group of per- Runaround gillnet or encircling gillnet sons holding limited access NE multi- means a rectangular net placed upright species permits who have voluntarily in the water column in a circular fash- entered into a contract and agree to ion with an opening equal to or less certain fishing restrictions for a speci- 1 than ⁄4 the length of the net or with an fied period of time, and that have been 1 opening greater than ⁄4 the length of allocated a portion of the TACs of spe- the net, if the opening is obstructed in cies managed under the NE Multispe- any fashion. cies FMP to achieve objectives con- Scallop dredge vessel means any fish- sistent with the applicable goals and ing vessel, other than a combination objectives of the FMP. Each sector vessel, that uses or is equipped to use must meet the sector eligibility and scallop dredge gear. minimum size requirements specified Scup means Stenotomus chrysops. in § 648.87(a)(3) and (4) to be approved Scup Monitoring Committee means a by NMFS. committee made up of staff representa- tive of the MAFMC, NEFMC, South At- Sector trip, with respect to the NE lantic Fishery Management Council, multispecies fishery, means any trip the NMFS Northeast Regional Office, taken by a sector vessel subject to the the NEFSC, and the Commission. The restrictions and conditions of an ap- MAFMC Executive Director or a des- proved sector operations plan, as speci- ignee chairs the committee. fied in § 648.87(c), in which the vessel declared its intent to fish in the NE Scup pot or trap means a pot or trap used in catching and retaining scup. multispecies fishery pursuant to § 648.10. Sea Scallop Access Area, Scallop Access Area, or Access Area, with respect to the Sector vessel, with respect to the NE Atlantic sea scallop fishery, means an multispecies fishery, means any vessel area that has been designated under assigned a permit that is a member of the Atlantic Sea Scallop Fishery Man- an approved sector for a particular agement Plan as a sea scallop rota- fishing year and that is subject to the tional area that is open to the scallop restrictions and conditions of an ap- fishery in a given fishing year. proved sector operations plan, as speci- Sea Scallop Plan Development Team fied in § 648.87. (PDT) means a team of technical ex- Set-only trip means a fishing trip on perts appointed by the NEFMC. which any federally permitted vessel Sea Scallop Rotational Area, Scallop deploys gear with the intention of re- Rotational Area, or Rotational Area, trieving it on a separate trip and does with respect to the Atlantic sea scallop not haul-back or retrieve any gear ca- fishery, means an area that has been pable of catching fish on the set-only designated under the Atlantic Sea trip. Scallop Fishery Management Plan as Shad means American shad (Alosa part of the Sea Scallop Rotational sapidissima) and hickory shad (Alosa Management Program. A rotational mediocris). area may be closed or open to the scal- Shucking or to shuck means opening lop fishery in a given fishing year. A or to open a scallop, surfclam, or ocean rotational area open to the scallop quahog and removing the meat or the fishery is termed a Sea Scallop Access adductor muscle from the shell. Area and has area-specific manage- Shucking machine means any mechan- ment measures that are designed to ical device that automatically removes control fishing effort and mortality on the meat or the adductor muscle from

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a scallop, surfclam, or ocean quahog Small-mesh multispecies means the shell. subset of Northeast multispecies that Sink gillnet or bottom-tending gillnet includes silver hake, offshore hake, and means any gillnet, anchored or other- red hake. wise, that is designed to be, or is fished Smooth dogfish means Mustelis canis. on or near, the bottom in the lower Sorting machine, with respect to the At- third of the water column. lantic sea scallop fishery, means any me- Skate means members of the Family chanical device that automatically Rajidae, including: Leucoraja ocellata sorts whole scallops by shell height, (winter skate); Dipturis laevis (barndoor size, or other physical characteristics. skate); Amblyraja radiata (thorny Spiny dogfish means Squalus skate); Malacoraja senta (smooth acanthias. skate); Leucoraja erinacea (little skate); Spiny Dogfish Monitoring Committee Raja eglanteria (clearnose skate); and means a committee made up of staff Leucoraja garmani (rosette skate). representatives of the MAFMC, Skate Management Unit means an area NEFMC, the NMFS Northeast Regional of the Atlantic Ocean from 35°15.3′ N. Office, the Northeast Fisheries Science lat., the approximate latitude of Cape Center, and the states, as well as two Hatteras Light, NC, northward to the ex-officio industry members (one from U.S.-Canada border, extending east- each Council jurisdiction). The ward from the shore to the outer MAFMC Executive Director or a des- boundary of the EEZ and northward to ignee chairs the committee. the U.S.-Canada border in which the Spot means Leiostomus xanthurus. United States exercises exclusive juris- Square mesh, with respect to the NE diction over all skates fished for, pos- multispecies fishery, means mesh in sessed, caught, or retained in or from which the horizontal bars of the mesh such area. run perpendicular to the long axis of Slip(s) or slipping catch in the Atlantic the net so when the net is placed under herring fishery means discarded catch a strain the mesh remains open to a from a vessel issued an Atlantic her- square-like shape. Square mesh can be ring permit that is carrying a NMFS- formed by hanging diamond mesh ‘‘on certified observer or monitor prior to the square,’’ if the resulting mesh con- the catch being brought on board or forms with the above description of prior to the catch being made available square mesh. for sampling and inspection by a Squid means longfin squid NMFS-certified observer or monitor (Doryteuthis (Amerigo) pealeii, formerly after the catch is on board. Slip(s) or Loligo pealeii) or Illex illecebrosus. slipping catch also means any catch Standard tote means a box typically that is discarded during a trip prior to constructed of plastic, designed to hold it being sampled portside by a portside 100 lb (45.3 kg) of fish plus ice, and that sampler on a trip selected for portside has a liquid capacity of 70 L, or a vol- sampling coverage by NMFS. Slip(s) or ume of not more than 4,320 cubic in (2.5 slipping catch includes releasing fish cubic ft or 70.79 cubic cm). from a codend or seine prior to the State-operated permit bank means a de- completion of pumping the fish on pository established and operated by a board and the release of fish from a state through an agreement between codend or seine while the codend or NMFS and a state in which Federal seine is in the water. Slippage or grant funds have been used by the state slipped catch refers to fish that are to obtain Federal fishing vessel per- slipped. Slippage or slipped catch does mits so that the fishing access privi- not include operational discards, dis- leges associated with those permits cards that occur after the catch is may be allocated to qualified persons brought on board and made available and that meets the requirement of for sampling and inspection by a § 648.87(e). NMFS-certified observer or monitor, or Static gear, with respect to the NE fish that inadvertently fall out of or off multispecies fishery, means stationary fishing gear as gear is being brought on gear, usually left for a period of time in board the vessel. one place, that depends on fish moving

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to the gear, and includes gillnets, Tilefish FMP Monitoring Committee longlines, handgear, traps, and pots. means a committee made up of staff Stock of concern, with respect to the representatives of the MAFMC, the NE multispecies fishery, means a stock NMFS Greater Atlantic Regional Fish- that is in an overfished condition, or eries Office, the Northeast Fisheries that is subject to overfishing. Science Center, up to three state rep- Stocks targeted by the default measures, resentatives (the New England states with respect to the NE multispecies having one representative and the Mid- fishery, are: American plaice, and SNE/ Atlantic states having a maximum of MA yellowtail flounder for the 2006 two representatives) and one non-vot- fishing year; and American plaice, GB ing industry member. The MAFMC Ex- cod, GOM cod, CC/GOM yellowtail ecutive Director or his designee chairs flounder, SNE/MA yellowtail flounder, the committee. white hake and SNE/MA winter floun- Tilefish Management Unit means an der for the 2009 fishing year. area of the Atlantic Ocean from the Straight line, with regard to regulated latitude of the VA and NC border areas, means a rhumb line, unless ex- (36°33.36′ N. Lat.), extending eastward plicitly stated otherwise. from the shore to the outer boundary Stretched mesh, with respect to the of the exclusive economic zone and NE multispecies Ruhle Trawl, means northward to the United States-Canada mesh that is pulled so that slack in the border in which the United States exer- mesh is eliminated and the mesh open- cises exclusive jurisdiction over all ing is closed. golden tilefish (Lopholatilus Sub-lease, with respect to the NE chamaeleonticeps) and blueline tilefish multispecies fishery, means the leasing (Caulolatilus microps) fished for, pos- of DAS that have already been leased sessed, caught or retained in or from to another vessel. such area. Total Length (TL) means the straight- Summer flounder means Paralichthys line distance from the tip of the snout dentatus. to the end of the tail (caudal fin) while Summer Flounder Monitoring Com- the fish is lying on its side. For black mittee means a committee made up of sea bass, Total Length (TL) means the staff representatives of the MAFMC, straight-line distance from the tip of NEFMC, and SAFMC, the NMFS the snout to the end of the tail (caudal Northeast Regional Office, the NEFSC, fin), excluding any caudal filament, the Southeast Science Center, and the while the fish is lying on its side. Commission. The MAFMC Executive Transboundary Management Guidance Director or a designee chairs the com- Committee (TMGC), with respect to the mittee. NE multispecies fishery, means the Surfclams means Atlantic surfclams technical sub-committee that provides of the species Spisula solidissima. non-binding guidance to the U.S./Can- Sweep, with respect to the NE multi- ada Steering Committee, comprised of species limited access fishery, means government and industry representa- the part of a bottom trawl that, during tives from U.S. and Canada. normal use, is in contact with the sea Transboundary Resource Advisory Com- floor along the outer edges of the lower mittee (TRAC), with respect to the NE webbing of the net. multispecies fishery, means a com- Swordfish means Xiphias gladius. mittee consisting of scientific staff Target total allowable catch (TAC) from NMFS and Canada’s Department means the annual domestic harvest of Fisheries and Oceans that jointly as- targets for regulated species. sess the status of the shared U.S./Can- Tautog (blackfish) means Tautoga ada stocks of cod, haddock, and onitas. yellowtail flounder. Tied up to the dock or tying up at a Transfer means to begin to remove, to dock means tied up at a dock, on a remove, to pass over the rail, or to oth- mooring, or elsewhere in a harbor. erwise take away fish from any vessel Tilefish means golden tilefish and and move them to another vessel. blueline tilefish, collectively, unless Transferee means a vessel owner who otherwise noted. receives permanently transferred NE

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multispecies DAS and potentially number of DAS that represent the his- other permits from another vessel toric level of DAS use associated with through the DAS Transfer Program a particular limited access permit, as specified at § 648.82(l). described in § 648.82(l). Transferor means a vessel owner who Vessel length means the length speci- permanently transfers NE multispecies fied on the USCG documentation for a DAS and potentially other permits to vessel or on the state registration for a another vessel through the DAS Trans- vessel not required to be documented fer Program specified at § 648.82(l). under title 46 U.S.C., if the state length Trawl means gear consisting of a net is verified by an authorized officer or that is towed, including but not lim- NMFS official. ited to beam trawls, pair trawls, otter trawls, and Danish and Scottish seine Vessel Monitoring System (VMS) means gear. a vessel monitoring system or VMS Trawl sweep means the total length of unit as set forth in § 648.9 and approved the footrope on a trawl net that is di- by NMFS for use on Atlantic sea scal- rectly attached to the webbing of a net. lop, NE multispecies, monkfish, Atlan- Trip Identifier means the complete se- tic herring, and Atlantic surfclam and rial number of the vessel logbook page ocean quahog vessels, as required by completed for that trip. this part. Tub-trawl, with respect to the NE VMS unit means a device installed on multispecies fishery, means gear de- board a vessel used for vessel moni- signed to be set horizontally on the toring and transmitting the vessel’s bottom, with an anchored mainline to position as required by this part. which are attached three or more Weakfish means Cynoscion regalis. gangions and hooks. Tub-trawls are re- Whiting means Merluccius bilinearis. trieved only by hand, not by mechan- Whiting Monitoring Committee (WMC) ical means. means a team appointed by the NEFMC Tuna purse seine gear, with respect to to review, analyze, and recommend ad- the NE multispecies fishery, means en- justments to the management meas- circling gear designed and utilized to ures addressing small-mesh multispe- harvest pelagic tuna. Under construction means that the cies. The team consists of staff from keel had been laid or the vessel was the NEFMC and MAFMC, NMFS North- under written agreement for construc- east Regional Office, the NEFSC, the tion or the vessel was under written USCG, at least one industry represent- contract for purchase. ative from each geographical area Upon returning to port, means, for (northern New England, southern New purposes of the call-in notification sys- England, and the Mid-Atlantic), and no tem for the NE multispecies and more than two representatives, ap- monkfish fisheries, upon first tying up pointed by the Commission, from af- at a dock at the end of a fishing trip. fected states. U.S. at-sea processing (USAP), with re- spect to the Atlantic herring fishery, [61 FR 34968, July 3, 1996] means the specification, pursuant to EDITORIAL NOTE: For FEDERAL REGISTER ci- § 648.200, of the amount of herring tations affecting § 648.2, see the List of CFR available for processing by U.S. vessels Sections Affected, which appears in the issued an Atlantic herring processing Finding Aids section of the printed volume permit as described in § 648.4(a)(10)(ii). and at www.govinfo.gov. U.S./Canada Steering Committee, with EDITORIAL NOTE: At 85 FR 7430, Feb. 7, 2020, respect to the NE multispecies fishery, §thnsp;648.2 was amended by revising the def- means the joint U.S./Canada com- inition for ‘‘Slippage in the Atlantic herring mittee consisting of staff from NMFS fishery,’’ however, this definition does not and Canada’s Department of Fisheries exist so the amendment could not be incor- and Oceans that has overall responsi- porated. bility for the U.S./Canada Resource Sharing Understanding. § 648.3 Relation to other laws. Used DAS baseline, with respect to the (a) The relation of this part to other NE multispecies fishery, means the laws is set forth in § 600.705.

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(b) Nothing in these regulations su- mitted to NMFS prior to January 29, persedes more restrictive state man- 2004. agement measures for any of the spe- (3) Application/renewal restrictions. cies referenced in § 648.1 and, for Atlan- The vessel owner must submit a com- tic salmon, more restrictive local man- plete application for an initial limited agement measures. access handgear permit before May 1, 2005. For fishing years beyond the 2004 § 648.4 Vessel permits. fishing year, the provisions of para- (a) Fishery specific permit informa- graph (a)(1)(i)(B) of this section apply. tion—(1) NE multispecies vessels. Except (B) Application/renewal restrictions. All for vessels that have been issued a limited access or moratorium permits valid High Seas Fishing Compliance established under this section must be permit, have declared their intent to issued on an annual basis by the last fish, and fish exclusively in the NAFO day of the permit year for which the Regulatory Area as provided in § 648.17, permit is required, unless a confirma- any vessel of the United States, includ- tion of permit history (CPH) has been ing a charter or party boat, must have issued as specified in paragraph been issued and have on board a valid (a)(1)(i)(J) of this section. If a vessel is multispecies permit to fish for, possess, issued more than one limited access or or land multispecies finfish in or from moratorium permit under this section, the EEZ. Multispecies frames used as, these permits will be regarded as a per- or to be used as, bait on a vessel fishing mit suite. Permit renewal or relin- exclusively with pot gear are deemed quishment must be made at the time not to be multispecies finfish for pur- the first permit application is sub- poses of this part provided that there is mitted for a new permit year. Applica- a receipt for the purchase of those tion for limited access or moratorium frames on board the vessel. permits must be received no later than (i) Limited access multispecies permits— 30 days before the last day of the per- (A) Eligibility. To be eligible to apply mit year of the earliest expiration date for a limited access NE multispecies for any permit in the suite of such per- permit, as specified in § 648.82, a vessel mits issued to the vessel. Failure to must have been issued a limited access renew a limited access or moratorium NE multispecies permit for the pre- permit in any permit year bars the re- ceding year, be replacing a vessel that newal of the permit in subsequent was issued a limited access NE multi- years. Open access permits may not be species permit for the preceding year, issued to a vessel eligible to renew a or be replacing a vessel that was issued limited access or moratorium permit a confirmation of permit history; un- until such time that the vessel’s lim- less otherwise specified in this para- ited access or moratorium permit(s) graph (a)(1)(i)(A). For the fishing year are renewed or voluntarily relinquished beginning May 1, 2004, a vessel may pursuant to paragraph (a)(1)(i)(K) of apply for a limited access Handgear A this section, or otherwise transferred permit described in § 648.82(b)(6), if it from the vessel. meets the criteria described under (C) Qualification restriction. Unless the paragraphs (a)(1)(i)(A)(1) and (2) of this Regional Administrator determines section. otherwise, no more than one vessel (1) The vessel must have been pre- may qualify, at any one time, for a viously issued a valid NE multispecies limited access permit or CPH based on open access Handgear permit during at that or another vessel’s fishing and least 1 fishing year during the fishing permit history. If more than one vessel years 1997 through 2002; and owner claims eligibility for a limited (2) The vessel must have landed and access permit or CPH, based on one reported to NMFS at least 500 lb (226.8 vessel’s fishing and permit history, the kg) of cod, haddock, or pollock, when Regional Administrator will determine fishing under the open access Handgear who is entitled to qualify for the per- permit in at least 1 of the fishing years mit or CPH and any DAS allocation ac- from 1997 through 2002, as indicated by cording to paragraph (a)(1)(i)(D) of this NMFS dealer records (live weight), sub- section.

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(D) Change in ownership. The fishing DAS allocations may not be combined and permit history of a vessel is pre- or consolidated. sumed to transfer with the vessel (H) Vessel baseline specifications. The whenever it is bought, sold, or other- vessel baseline specifications in this wise transferred, unless there is a writ- section are the respective specifica- ten agreement, signed by the trans- tions (length, horsepower) of the vessel feror/seller and transferee/buyer, or that was initially issued a limited ac- other credible written evidence, cess permit as of the date the initial verifying that the transferor/seller is vessel applied for such permit. retaining the vessel’s fishing and per- (I) Limited access permit restrictions. (1) mit history for purposes of replacing A vessel may be issued a limited access the vessel. NE multispecies permit in only one (E) Replacement vessels. An owner of a category during a fishing year. Vessels vessel that has been issued any limited may not change limited access NE access or moratorium permit under multispecies permit categories during this section is limited to one vessel re- the fishing year, except as provided in placement permit year, using the ear- paragraph (a)(1)(i)(I)(2) of this section. liest permit year start date of the lim- A vessel issued a limited access NE ited access or moratorium permits for multispecies Hook-gear permit or a which the vessel is eligible, unless the limited access Handgear A permit may vessel has been rendered inoperable and not change its limited access permit non-repairable. With the exception of category at any time. vessels that have obtained a limited (2) The owner of a vessel issued a lim- access Handgear A permit described in ited access multispecies permit may § 648.82(b)(6), to be eligible for a limited request a change in permit category, access or moratorium permit under unless otherwise restricted by para- this section, the replacement vessel graph (a)(1)(i)(I)(1) of this section. The must meet the following criteria and owner of a limited access multispecies any other applicable criteria under vessel eligible to request a change in paragraph (a)(1)(i)(F) of this section: permit category must elect a category (1) The replacement vessel’s horse- upon the vessel’s permit application power may not exceed the horsepower and will have one opportunity to re- of the vessel’s baseline specifications quest a change in permit category by by more than 20 percent, as applicable. submitting an application to the Re- (2) The replacement vessel’s length gional Administrator within 45 days of overall may not exceed the length the effective date of the vessel’s per- overall of the vessel’s baseline speci- mit. If such a request is not received fications by more than 10 percent, as within 45 days, the vessel owner may applicable. not request a change in permit cat- (F) Upgraded vessel. A vessel may be egory and the vessel permit category upgraded, whether through refitting or will remain unchanged for the duration replacement, and be eligible to retain of the fishing year. A vessel may not or renew a limited access permit, only fish in more than one multispecies per- if the upgrade complies with the fol- mit category during a fishing year. lowing: (J) Confirmation of permit history. Not- (1) The upgraded vessel’s horsepower withstanding any other provisions of may not exceed the horsepower of the this part, a person who does not cur- vessel’s baseline specifications by more rently own a fishing vessel, but who than 20 percent, as applicable. has owned a qualifying vessel that has (2) The upgraded vessel’s length over- sunk, been destroyed, or transferred to all may not exceed the vessel’s baseline another person, must apply for and re- length overall by more than 10 percent, ceive a CPH if the fishing and permit as applicable. history of such vessel has been retained (G) Consolidation restriction. Except as lawfully by the applicant. To be eligi- provided for in the NE Multispecies ble to obtain a CPH, the applicant DAS Leasing Program, as specified in must show that the qualifying vessel § 648.82(k), and the NE Multispecies meets the eligibility requirements, as DAS Transfer Program as specified in applicable, in this part. Issuance of a § 648.82(l), limited access permits and valid CPH preserves the eligibility of

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the applicant to apply for a limited ac- (L) Restriction on permit splitting. A cess permit for a replacement vessel limited access permit issued pursuant based on the qualifying vessel’s fishing to this section may not be issued to a and permit history at a subsequent vessel or its replacement or remain time, subject to the replacement provi- valid, if the vessel’s permit or fishing sions specified in this section. If fishing history has been used to qualify an- privileges have been assigned or allo- other vessel for another Federal fish- cated previously under this part, based ery. on the qualifying vessel’s fishing and (M) Appeal of denial of permit—(1) Eli- permit history, the CPH also preserves gibility. Any applicant eligible to apply such fishing privileges. A CPH must be for a limited access multispecies applied for in order for the applicant to Handgear A permit who is denied such preserve the fishing rights and limited permit may appeal the denial to the access eligibility of the qualifying ves- Regional Administrator within 30 days sel. An application for a CPH must be of the notice of denial. Any such appeal received by the Regional Adminis- must be based on the grounds that the trator no later than 30 days prior to information used by the Regional Ad- the end of the first full fishing year in ministrator was based on incorrect which a vessel permit cannot be issued. data, must be in writing, and must Failure to do so is considered abandon- state the grounds for the appeal. ment of the permit as described in (2) Appeal review. The Regional Ad- paragraph (a)(1)(i)(K) of this section. A ministrator will appoint a designee CPH issued under this part will remain who will make the initial decision on valid until the fishing and permit his- the appeal. The appellant may request tory preserved by the CPH is used to qualify a replacement vessel for a lim- a review of the initial decision by the ited access permit. Any decision re- Regional Administrator by so request- garding the issuance of a CPH for a ing in writing within 30 days of the no- qualifying vessel that has applied for tice of the initial decision. If the appel- or been issued previously a limited ac- lant does not request a review of the cess permit is a final agency action initial decision within 30 days, the ini- subject to judicial review under 5 tial decision is the final administrative U.S.C. 704. Information requirements action of the Department of Com- for the CPH application are the same merce. Such review will be conducted as those for a limited access permit. by a hearing officer appointed by the Any request for information about the Regional Administrator. The hearing vessel on the CPH application form re- officer shall make findings and a rec- fers to the qualifying vessel that has ommendation to the Regional Adminis- been sunk, destroyed, or transferred. trator, which shall be advisory only. Vessel permit applicants who have Upon receiving the findings and the been issued a CPH and who wish to ob- recommendation, the Regional Admin- tain a vessel permit for a replacement istrator will issue a final decision on vessel based upon the previous vessel the appeal. The Regional Administra- history may do so pursuant to para- tor’s decision is the final administra- graph (a)(1)(i)(E) of this section. tive action of the Department of Com- (K) Abandonment or voluntary relin- merce. quishment of a limited access or morato- (3) Status of vessels pending appeal. A rium permit. If a vessel’s limited access vessel denied a limited access or moratorium permit for a particular Handgear A multispecies permit may fishery is voluntarily relinquished to fish under the limited access multispe- the Regional Administrator or aban- cies Handgear A category, provided doned through failure to renew or oth- that the denial has been appealed, the erwise, no limited access or morato- appeal is pending, and the vessel has on rium permit for that fishery may be re- board a letter from the Regional Ad- issued or renewed based on that ves- ministrator authorizing the vessel to sel’s limited access or moratorium per- fish under the limited access category. mit history or to any other vessel rely- The Regional Administrator will issue ing on that vessel’s limited access or such a letter for the pendency of any moratorium permit history. appeal. Any such decision is the final

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administrative action of the Depart- transfer of a permit or CPH rendered ment of Commerce on allowable fishing unusable shall be made through an activity, pending a final decision on arm’s-length transaction (for example, the appeal. The letter of authorization to an independent and unrelated entity must be carried on board the vessel. If that does not share an ownership inter- the appeal is finally denied, the Re- est with that person). gional Administrator shall send a no- (ii) Open access permits. A vessel of tice of final denial to the vessel owner; the United States that has not been the authorizing letter becomes invalid issued and is not eligible to be issued a 5 days after receipt of the notice of de- limited access multispecies permit is nial. eligible for and may be issued an ‘‘open (N) Accumulation limits—(1) 5-percent access multispecies’’, ‘‘handgear’’, or permit/CPH restriction. Any person with ‘‘charter/party’’ permit, and may fish an ownership interest in the NE multi- for, possess on board, and land multi- species fishery is not eligible to be species finfish subject to the restric- issued a limited access NE multispecies tions in § 648.88. A vessel that has been permit or CPH for a vessel if the issued a valid limited access scallop issuance results in the person having permit, but that has not been issued a an ownership interest in excess of 5 limited access multispecies permit, is percent of all limited access NE multi- eligible for and may be issued an open species permits and CPH that are access scallop multispecies possession issued as of the date the permit/CPH limit permit and may fish for, possess application is received by the NMFS. on board, and land multispecies finfish (2) PSC limit. Any person with an subject to the restrictions in § 648.88. ownership interest in the NE multispe- The owner of a vessel issued an open cies fishery is not eligible to be issued access permit may request a different a limited access NE multispecies per- open access permit category by submit- mit or CPH for a vessel that results in ting an application to the Regional Ad- that person’s average potential sector ministrator at any time. contribution (PSC) exceeding a share (2) Atlantic sea scallop vessels—Any of 15.5 for all the allocated stocks in vessel of the United States that fishes aggregate, except as provided in para- for, possesses, or lands Atlantic sea graph (a)(1)(i)(N)(4) of this section. (3) Grandfather provision. Paragraphs scallops, except vessels that fish exclu- (a)(1)(i)(N)(1) and (2) of this section do sively in state waters for scallops, not apply to a limited access NE multi- must have been issued and carry on species permit or CPH if held on April board a valid scallop vessel permit pur- 7, 2011. Any additional limited access suant to this section. NE multispecies permit or CPH that a (i) Limited access scallop permits. Any person acquires after April 7, 2011, are vessel of the United States that pos- subject to the accumulation limits sesses or lands more than 600 lb (272.2 specified within this section. kg) of shucked scallops, or 50 bu (17.6 (4) Any person can be issued one lim- hL) of in-shell scallops per trip South ited access NE multispecies permit or of 42°20′ N. Lat., or 75 bu (26.4 hL) of in- CPH that results in that person’s total shell scallops per trip North of 42°20′ N. PSC exceeding the PSC limit as de- Lat, or possesses more than 100 bu (35.2 scribed in this section. That person hL) of in-shell scallops seaward of the must identify to NMFS on or before VMS Demarcation Line, except vessels March 31 of each year, vessel permits that fish exclusively in state waters for or CPH that will be rendered unusable scallops, must have been issued and the upcoming fishing year so that the carry on board a valid limited access person’s total PSC for the upcoming scallop permit. fishing year is an amount equal to or (A) Eligibility. To be eligible to apply below the PSC limit. Beginning on May for a limited access scallop permit, a 1, the permits or CPH rendered unus- vessel must have been issued a limited able may not be fished, leased, or en- access scallop permit for the preceding rolled in a sector by that person for the year, be replacing a vessel that was remainder of the fishing year, but may issued a limited access scallop permit be transferred by that person. The for the preceding year, or be replacing

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a vessel that was issued a confirmation firmations of permit history at the of permit history. time of permit application. (B) Application/renewal restrictions. (2) Vessel owners who were initially See paragraph (a)(1)(i)(B) of this sec- issued a 1994 limited access scallop per- tion. mit or confirmation of permit history, (C) Qualification restriction. See para- or who were issued or renewed a lim- graph (a)(1)(i)(C) of this section. ited access scallop permit or confirma- (D) Change in ownership. See para- tion of permit history for a vessel in graph (a)(1)(i)(D) of this section. 1995 and thereafter, in compliance with (E) Replacement vessels. See paragraph the ownership restrictions in para- (a)(1)(i)(E) of this section. graph (a)(2)(i)(M)(1) of this section, are (F) Upgraded vessel. See paragraph eligible to renew such permits(s) and/or (a)(1)(i)(F) of this section. confirmation(s) of permit history, re- (G) Consolidation restriction. See para- gardless of whether the renewal of the graph (a)(1)(i)(G) of this section. permits or confirmations of permit his- (H) Vessel baseline specifications. See tory will result in the 5-percent owner- paragraph (a)(1)(i)(H) of this section. ship restriction being exceeded. (I) Limited access permit restrictions. A (3) Having an ownership interest in- vessel may be issued a limited access cludes, but is not limited to, persons scallop permit in only one category who are shareholders in a vessel owned during a fishing year. The owner of a by a corporation, who are partners vessel issued a limited access scallop (general or limited) to a vessel owner, permit must elect a permit category or who, in any way, partly own a ves- upon the vessels permit application sel. and will have one opportunity to re- (N) [Reserved] quest a change in permit category by (O) Replacement vessels. See paragraph submitting an application to the Re- (a)(1)(i)(E) of this section. gional Administrator within 45 days of (P) VMS requirement. A vessel issued a the effective date of the vessel’s per- limited access scallop permit, as speci- mit. After this date, the vessel must fied in paragraph (a)(2)(i) of this sec- remain in that permit category for the tion, except a vessel issued an occa- duration of the fishing year. Any DAS sional scallop permit that is not fish- that a vessel uses prior to a change in ing in a sea scallop access area, must permit category will be counted have an operational VMS installed. against its allocation received under Prior to issuance of a limited access any subsequent permit category. scallop permit, NMFS must receive a (J) Confirmation of permit history. See signed VMS certification from the ves- paragraph (a)(1)(i)(J) of this section. sel owner and be notified by the VMS (K) Abandonment or voluntary relin- vendor that the unit has been installed quishment of permits. See paragraph and is operational. (a)(1)(i)(K) of this section. (ii) LAGC scallop permits. Any vessel (L) Restriction on permit splitting. See of the United States that has not been paragraph (a)(1)(i)(L) of this section. issued a limited access scallop permit (M) Percentage ownership restrictions. pursuant to paragraph (a)(2)(i) of this (1) For any vessel acquired after March section, and any vessel issued a limited 1, 1994, a vessel owner is not eligible to access scallop permit that fishes for be issued a limited access scallop per- scallops outside of the scallop DAS pro- mit for the vessel, and/or a confirma- gram described in § 648.53(b) or the Area tion of permit history, if, as a result of Access program described in § 648.60, the issuance of the permit and/or con- that possesses, retains, or lands scal- firmation of permit history, the vessel lops in or from Federal waters, must be owner, or any other person who is a issued an LAGC scallop permit and shareholder or partner of the vessel must comply with the permit require- owner, will have an ownership interest ments described in paragraphs in a total number of limited access (a)(2)(ii)(A), (B), or (C) of this section. scallop vessels and limited access scal- To be issued an LAGC scallop permit, a lop confirmations of permit history in vessel owner must meet the qualifica- excess of 5 percent of the number of all tion criteria specified in paragraphs limited access scallop vessels and con- (a)(2)(ii)(D) or (F) of this section and

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must comply with the application pro- scallops at any time, except the vessel cedures specified in paragraph may possess up to 10 bu (3.52 hL) of in- (a)(2)(ii)(H) of this section. shell scallops seaward of the VMS de- (A) Individual fishing quota LAGC per- marcation line. Issuance of an initial mit. To possess or land up to 600 lb incidental catch category scallop per- (272.2 kg) of shucked meats, or land up mit is contingent upon the vessel to 75 bu (26.4 hL) of in-shell scallops per owner submitting the required applica- trip, or possess up to 100 bu (35.2 hL) of tion and other information that dem- in-shell scallops seaward of the VMS onstrates that the vessel meets the eli- demarcation line, a vessel must have gibility criteria specified in paragraph been issued an individual fishing quota (a)(2)(ii)(G) of this section. LAGC scallop permit (IFQ scallop per- (D) Eligibility for an IFQ scallop per- mit). Issuance of an initial IFQ scallop mit. A vessel is eligible for and may be permit is contingent upon the vessel issued an IFQ scallop permit if it meets owner submitting the required applica- both eligibility criteria specified in tion and other information that dem- paragraphs (a)(2)(ii)(D)(1) and (2) of this onstrates that the vessel meets the eli- section, or is replacing a vessel that gibility criteria specified in paragraph meets both the eligibility criteria spec- (a)(2)(ii)(D) of this section. ified in paragraphs (a)(2)(ii)(D)(1) and (B) Northern Gulf of Maine LAGC per- (2) of this section. A vessel owner may mit. To possess or land up to 200 lb (90.7 appeal NMFS’s determination that a kg) of shucked or 25 bu (8.81 hL) in- vessel does not meet the requirements shell scallops per trip, or to possess up specified in paragraphs (a)(2)(ii)(D)(1) to 50 bu (17.6 hL) seaward of the VMS and (2) of this section by complying demarcation line in the NGOM Scallop with the appeal process, as specified in Management Area, a vessel must have paragraph (a)(2)(ii)(O) of this section. been issued a Northern Gulf of Maine (1) Permit criterion. A vessel must LAGC scallop permit (NGOM scallop have been issued a general category permit). A vessel issued a NGOM scal- scallop permit in at least one scallop lop permit may not fish for scallops fishing year, as defined in § 648.2, be- outside of the NGOM Scallop Manage- tween March 1, 2000, and November 1, ment Area as defined in § 648.62, and 2004. may not possess or land more than 200 (2) Landings criterion. A vessel must lb (90.7 kg) of shucked or 25 bu (8.81 hL) have landed at least 1,000 lb (454 kg) of of in-shell scallops at any time, except shucked scallops in any one year when the vessel may possess up to 50 bu (17.6 the vessel also held a general category hL) of in-shell scallops seaward of the scallop permit as specified in para- VMS demarcation line. Issuance of an graph (a)(2)(ii)(D)(1) of this section. To initial NGOM scallop permit is contin- qualify, scallop landings in the 2004 gent upon the vessel owner submitting fishing year must have occurred on or the required application and other in- before November 1, 2004. NMFS dealer formation that demonstrates that the data shall be used to make the initial vessel meets the eligibility criteria determination of vessel eligibility. If a specified in paragraph (a)(2)(ii)(F) of dealer reported more than 400 lb (181.4 this section. kg) of scallops on a trip, only 400 lb (C) Incidental catch LAGC permit. To (181.4 kg) will be credited toward the possess or land up to 40 lb (18.1 kg) of landings criteria. For dealer reports shucked or 5 bu (1.76 hL) in-shell scal- that indicate that the landings were lops per trip, or possess up to 10 bu (3.52 bushels of in-shell scallops, a conver- hL) in-shell scallops per trip seaward of sion of 8 lb (3.63 kg) of scallop meats the VMS demarcation line, but not per bushel will be used to calculate more than these amounts per trip, a meat-weight, up to the maximum of 400 vessel must have been issued an inci- lb (181.4 kg) per trip. For dealer reports dental catch general category scallop that indicate that the landings were re- permit (Incidental scallop permit). A ported in pounds of in-shell scallops, vessel issued an incidental catch gen- the weight shall be converted to meat- eral scallop permit may not possess or weight using the formula of one pound land more than 40 lb (18.1 kg) of (0.45 kg) of scallop meats for 8.33 lb shucked or 5 bu (1.76 hL) of in-shell (3.78 kg) of in-shell scallops, up to the

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maximum of 400 lb (181.4 kg) per trip, an NGOM or Incidental scallop permit, for qualification purposes. the IFQ permit shall be permanently (E) Contribution factor for determining relinquished. a vessel’s IFQ. An eligible IFQ scallop (ii) NGOM and Incidental scallop per- vessel’s best year of scallop landings mit. A vessel may be issued either an during the qualification period of NGOM or Incidental scallop permit for March 1, 2000, through November 1, each fishing year, and a vessel owner 2004, as specified in § 648.53(h)(2)(ii)(A), may not change his/her LAGC scallop and the vessel’s number of years ac- permit category during the fishing tive, as specified in § 648.53(h)(2)(ii)(B), year, except as specified in this para- shall be used to calculate a vessel’s graph (a)(2)(ii)(G)(1)(ii). The owners of a contribution factor, as specified in vessel issued a NGOM or Incidental § 648.53(h)(2)(ii)(C). A vessel owner that scallop permit must elect a permit cat- has applied for an IFQ scallop permit egory in the vessel’s permit application will be notified of the vessel’s contribu- and shall have one opportunity each tion factor at the time of issuance of fishing year to request a change in its the IFQ scallop permit, consistent with permit category by submitting an ap- confidentiality restrictions of the Mag- plication to the Regional Adminis- nuson-Stevens Act specified at 16 trator within 45 days of the effective U.S.C. 1881a. A vessel owner may ap- date of the vessel’s permit. After that peal NMFS’s determination of the IFQ date, the vessel must remain in that scallop vessel’s contribution factor by permit category for the duration of the complying with the appeal process as fishing year. specified in paragraph (a)(2)(ii)(O) of (2) VMS requirement. A vessel issued a this section. LAGC permit must have an operational (F) Eligibility for NGOM or Incidental VMS installed. Issuance of an Atlantic scallop permit. A vessel that is not eligi- sea scallop permit requires the vessel ble for, or for which the vessel’s owner owner to submit a copy of the vendor’s chooses not to apply for, an IFQ scallop installation receipt or provide permit, may be issued either a NGOM verification of vendor activation from scallop permit or an Incidental scallop a NMFS-approved VMS vendor as de- permit if the vessel was issued a gen- scribed in § 648.9. eral category scallop permit as of No- (H) Application/renewal restrictions. vember 1, 2004, or if the vessel is replac- See paragraph (a)(1)(i)(B) of this sec- ing a vessel that was issued a general tion. Applications for a LAGC permit category scallop permit as of Novem- described in paragraph (a)(2)(ii) of this ber 1, 2004. A vessel owner may appeal section must be postmarked no later NMFS’s determination that a vessel than August 30, 2008. Applications for does not meet this criterion by com- LAGC permits that are not postmarked plying with the appeal process as speci- on or before August 30, 2008, may be de- fied in paragraph (a)(2)(ii)(O) of this nied and returned to the sender with a section. A vessel that qualifies for an letter explaining the denial. Such deni- IFQ scallop permit automatically als may not be appealed and shall be qualifies for an NGOM or Incidental the final decision of the Department of scallop permit if the vessel’s owner Commerce. If NMFS determines that chooses to be issued an NGOM or Inci- the vessel owner has failed to pay a dental scallop permit instead of the cost recovery fee in accordance with IFQ scallop permit. the cost recovery requirements speci- (G) LAGC permit restrictions—(1) fied at § 648.53(h)(4)(ii), the IFQ permit Change of permit category—(i) IFQ scal- shall not be renewed. lop permit. A vessel issued an IFQ scal- (I) Qualification restriction. (1) See lop permit may not change its general paragraph (a)(1)(i)(C) of this section for category scallop permit category at restrictions applicable to limited ac- any time without voluntarily relin- cess scallop permits. quishing its IFQ scallop permit eligi- (2) Notwithstanding paragraph bility as specified in paragraph (a)(1)(i)(L) of this section, scallop land- (a)(2)(ii)(M) of this section. If the vessel ings history generated by separate owner has elected to relinquish the ves- owners of a single vessel at different sel’s IFQ permit and instead be issued times during the qualification period

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for LAGC scallop permits may be used for an LAGC scallop permit who is de- to qualify more than one vessel, pro- nied such permit may appeal the denial vided that each owner applying for an to the Regional Administrator within LAGC scallop permit demonstrates 30 days of the notice of denial. Any that he/she created distinct fishing his- such appeal may only be based on the tories, that such histories have been grounds that the information used by retained, and if the vessel was sold, the Regional Administrator was incor- that each applicant’s eligibility and rect. The appeal must be in writing, fishing history is distinct. must state the specific grounds for the (3) Notwithstanding paragraph appeal, and must include information (a)(1)(i)(L) of this section, a vessel to support the appeal. owner applying for a LAGC permit who (2) Contribution factor appeals. Any sold or transferred a vessel with non- scallop limited access permits, as spec- applicant eligible to apply for a IFQ ified in paragraph (a)(1)(i)(D) of this scallop permit who disputes NMFS’s section, and retained only the general determination of the vessel’s contribu- category scallop history of such vessel tion factor specified in paragraph as specified in paragraph (a)(1)(i)(D) of (a)(2)(ii)(E) of this section may appeal this section, before July 1, 2008, may NMFS’s determination to the Regional use the general category scallop his- Administrator within 30 days of the no- tory to qualify a different vessel for tification of the vessel’s best year and the initial IFQ scallop permit, regard- years active. Any such appeal may less of whether the history from the only be based on the grounds that the sold or transferred vessel was used to information used by the Regional Ad- qualify another vessel for another lim- ministrator was incorrect. The appeal ited access permit. must be in writing, must state the spe- (J) Change in ownership. See para- cific grounds for the appeal, and must graph (a)(1)(i)(D) of this section. include information to support the ap- (K) Replacement vessels. A vessel peal. A vessel owner may appeal both owner may apply to replace a qualified the eligibility criteria and the con- LAGC vessel with another vessel that tribution factor and must submit the he/she owns. There are no size or horse- appeal for both at the same time. An power restrictions on replacing general appeal of contribution factor deter- LAGC vessels, unless the qualified ves- minations shall be reviewed concur- sel that will be replaced is subject to rently with an eligibility appeal, if ap- such restriction because of other lim- plicable. ited access permits issued pursuant to § 648.4. In order for a LAGC that also (3) Appeal review. The Regional Ad- has other limited access permits issued ministrator shall appoint a designee pursuant to § 648.4 to be replaced by a who shall make the initial decision on vessel that does not meet the replace- the appeal. The appellant may request ment and upgrade restrictions specified a review of the initial decision by the for those other limited access permits, Regional Administrator by so request- the other limited access permits must ing in writing within 30 days of the no- be permanently relinquished, as speci- tice of the initial decision. If the appel- fied in paragraph (a)(1)(i)(K) of this sec- lant does not request a review of the tion. initial decision within 30 days, the ini- (L) Confirmation of Permit History. See tial decision is the final administrative paragraph (a)(1)(i)(J) of this section. action of the Department of Com- (M) Abandonment or voluntary relin- merce. Such review will be conducted quishment of permits. See paragraph by a hearing officer appointed by the (a)(1)(i)(K) of this section. Regional Administrator. The hearing (N) Restriction on permit splitting. Ex- officer shall make findings and a rec- cept as provided in paragraphs ommendation to the Regional Adminis- (a)(2)(ii)(I)(2) and (3) of this section, trator, which shall be advisory only. paragraph (a)(1)(i)(L) of this section ap- Upon receiving the findings and the plies. recommendation, the Regional Admin- (O) Appeal of denial of permit—(1) Eli- istrator shall issue a final decision on gibility. Any applicant eligible to apply

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the appeal. The Regional Administra- (G) Consolidation restriction. See para- tor’s decision is the final administra- graph (a)(1)(i)(G) of this section. tive action of the Department of Com- (H) Vessel baseline specifications. The merce. vessel baseline specifications in this (4) Status of vessels pending appeal. A section are the respective specifica- vessel denied an LAGC scallop permit tions (length, horsepower) of the vessel may fish while under appeal, provided as of March 22, 1999, unless the vessel is that the denial has been appealed, the in the process of construction or rerig- appeal is pending, and the vessel has on ging or under agreement or written board a letter from the Regional Ad- contract for construction or rerigging, ministrator temporarily authorizing as of the effective baseline specifica- the vessel to fish under the limited ac- tion date in which case the baseline cess general category permit. The Re- specifications will be established no gional Administrator shall issue such a later than February 19, 2000. letter that shall be effective only dur- (I) [Reserved] ing the pendency of any appeal. The (J) Confirmation of permit history. See temporary letter of authorization must paragraph (a)(1)(i)(J) of this section. be carried on board the vessel and all (K) Abandonment or voluntary relin- requirements of the permit category quishment of permits. See paragraph for which the appeal has been made (a)(1)(i)(K) of this section. shall apply. If the appeal is finally de- nied, the Regional Administrator shall (L) Restriction on permit splitting. See send a notice of final denial to the ves- paragraph (a)(1)(i)(L) of this section. sel owner; the temporary authorizing (ii) Party and charter boat permits. letter becomes invalid 5 days after re- Any party or charter boat is eligible ceipt of the notice of denial, but no for a permit to fish for summer floun- later than 10 days from the date of the der, other than a summer flounder letter of denial, regardless of the date moratorium permit, if it is carrying of the owner’s receipt of the denial. passengers for hire. Such vessel must (3) Summer flounder vessels. Any vessel observe the possession limits specified of the United States that fishes for or in § 648.106. retains summer flounder in the EEZ (iii) Exemption permits. Owners of must have been issued and carry on summer flounder vessels seeking an ex- board a valid summer flounder permit, emption from the minimum mesh re- except for vessels other than party or quirement under the provisions of charter vessels that observe the posses- § 648.108(b)(1) must request a letter of sion limit set forth in § 648.106. authorization (LOA) from the Regional (i) Moratorium permits—(A) Eligibility. Administrator. Vessels must be en- To be eligible to apply for a morato- rolled in the exemption program for a rium permit to fish for and retain sum- minimum of 7 days. The Regional Ad- mer flounder in excess of the posses- ministrator may impose temporary ad- sion limit in § 648.106 in the EEZ, a ves- ditional procedural requirements by sel must have been issued a summer publishing a notification in the FED- flounder moratorium permit for the ERAL REGISTER. If a summer flounder preceding year, be replacing a vessel charter or party requirement of this that was issued a moratorium permit part differs from a summer flounder for the preceding year, or be replacing charter or party management measure a vessel that was issued a confirmation required by a state, any vessel owners of permit history. or operators fishing under the terms of (B) Application/renewal restriction. See a summer flounder charter/party vessel paragraph (a)(1)(i)(B) of this section. permit in the EEZ for summer flounder (C) Qualification restriction. See para- must comply with the more restrictive graph (a)(1)(i)(C) of this section. requirement while fishing in state wa- (D) Change in ownership. See para- ters, unless otherwise authorized under graph (a)(1)(i)(D) of this section. § 648.107. (E) Replacement vessels. See paragraph (4) Surfclam and ocean quahog vessels. (a)(1)(i)(E) of this section. Any vessel of the United States that (F) Upgraded vessel. See paragraph fishes for surfclams or ocean quahogs, (a)(1)(i)(F) of this section. except vessels taking surfclams and

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ocean quahogs for personal use or fish- any quahog permit may appeal to the ing exclusively within state waters, Regional Administrator within 30 days must have been issued and carry on of the notice of denial. Any such appeal board a valid surfclam or ocean quahog shall be in writing. The only ground for permit, respectively. appeal is that the Regional Adminis- (i) Maine mahogany quahog permit. (A) trator’s designee erred in concluding A vessel is eligible for a Maine mahog- that the vessel did not meet the cri- any quahog permit to fish for ocean teria in paragraph (a)(4)(i)(A) of this quahogs in the Maine mahogany qua- section. The appeal must set forth the hog zone if it meets the following eligi- basis for the applicant’s belief that the bility criteria in paragraphs (a)(1) and decision of the Regional Administra- (a)(2) of this section, and an applica- tor’s designee was made in error. tion for a Maine mahogany quahog per- (2) The appeal may be presented, at mit is submitted by May 19, 1999. After the option of the applicant, at a hear- May 19, 1999, to be eligible to apply for ing before an officer appointed by the a Maine mahogany quahog permit, a Regional Administrator. vessel must have been issued a Maine (3) The hearing officer shall make a mahogany quahog permit for the pre- recommendation to the Regional Ad- ceding year, be replacing a vessel that ministrator. was issued a Maine mahogany quahog (4) The Regional Administrator will permit for the preceding year, or be re- make a final decision based on the cri- placing a vessel that was issued a con- teria in paragraph (a)(4)(i)(A) of this firmation of permit history. section and on the available record, in- (1) The vessel was issued a Federal cluding any relevant documentation Maine Mahogany Quahog Experimental submitted by the applicant and, if a Permit during one of the experimental hearing is held, the recommendation of fisheries authorized by the Regional the hearing officer. The decision on the Administrator between September 30, appeal by the Regional Administrator 1990, and September 30, 1997; and, is the final decision of the Department (2) The vessel landed at least one Maine bushel of ocean quahogs from of Commerce. the Maine mahogany quahog zone as (ii) VMS Requirement. (A) Surfclam documented by fishing or logs and ocean quahog open access permits. In submitted to the Regional Adminis- order to be eligible for issuance of an trator prior to January 1, 1998. open access surfclam or ocean quahog (B) Application/renewal restriction. See permit, the vessel owner must have in- paragraph (a)(1)(i)(B) of this section. stalled on the vessel an operational (C) Qualification restriction. See para- VMS unit that meets the criteria set graph (a)(1)(i)(C) of this section. forth in § 648.9. The vessel owner/oper- (D) Change in ownership. See para- ator must activate the VMS unit and graph (a)(1)(i)(D) of this section. provide verification of vendor activa- (E) Replacement vessels. See paragraph tion from a NMFS-approved VMS ven- (a)(1)(i)(E) of this section. dor as described in § 648.9. Verification (F) Upgraded vessel. See paragraph is done by completing, signing, and (a)(1)(i)(F) of this section. mailing or faxing a VMS certification (G) Consolidation restriction. See para- form to the NMFS Northeast Region graph (a)(1)(i)(G) of this section. Office of Law Enforcement. (H) Vessel baseline specifications. See (B) Maine mahogany quahog limited ac- paragraph (a)(3)(i)(H) of this section. cess permit. In order to be eligible for (I) [Reserved] issuance of a Maine mahogany quahog (J) Confirmation of permit history. See permit, the vessel owner must have in- paragraph (a)(1)(i)(J) of this section. stalled on the vessel an operational (K) Abandonment or voluntary relin- VMS unit that meets the criteria set quishment of permits. See paragraph forth in § 648.9. By January 1, 2009, un- (a)(1)(i)(K) of this section. less otherwise exempted under para- (L) Restriction on permit splitting. See graph (a)(4)(ii)(B)(1) of this section. paragraph (a)(1)(i)(L) of this section. The vessel owner/operator must acti- (M) Appeal of denial of a permit. (1) vate the VMS unit and provide Any applicant denied a Maine mahog- verification of vendor activation from

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a NMFS-approved VMS vendor as de- if the vessel and associated fishing his- scribed in § 648.9. Verification is done tory meet the criteria described under by completing, signing, and mailing or paragraphs (a)(5)(i)(A)(1) through (3) of faxing a VMS certification form to the this section. NMFS Northeast Region Office of Law (1) Tier 1 longfin squid moratorium per- Enforcement. mit. Beginning in February 2019, the (1) Special VMS exemption for Maine Regional Administer shall automati- mahogany quahog vessels. Vessel owners cally issue a Tier 1 longfin squid mora- eligible to renew a limited access torium permit to any vessel that is Maine mahogany quahog permit may issued a longfin squid/butterfish mora- do so without proof of installation of a torium permit or eligible to be issued VMS, provided the vessel does not fish such a permit held in confirmation of for, catch, or possess; or attempt to permit history (CPH) during calendar fish for, catch, or posses; Maine mahog- year 2018 that meets the eligibility cri- any quahogs. Proof of VMS installation teria in this paragraph (a)(5)(i)(A)(1). must be provided to the NMFS North- To be eligible for a Tier 1 permit, a ves- east Region Office of Law Enforcement sel must have been issued a valid prior to departure on any fishing trip longfin squid/butterfish moratorium on which ocean quahogs may be caught permit and landed more than 10,000 lb or landed. Once a vessel issued a Maine (4,536 kg) of longfin squid in at least mahogany quahog permit has elected one calendar year between January 1, to participate in the Maine mahogany 1997, and December 31, 2013. Fishing quahog fishery, the vessel must keep history, including for a permit held in the VMS unit turned on and func- confirmation of permit history, can be tioning as specified under § 648.9. Once used by a vessel to qualify for and be a limited access Maine mahogany qua- issued a Tier 1 longfin squid morato- hog permitted vessel has participated rium permit, provided the Regional Ad- in the Maine mahogany quahog fishery, ministrator has determined that the this exemption no longer applies. fishing and permit history of such ves- (2) [Reserved] sel has been lawfully retained by the (5) Mackerel, squid, and butterfish ves- applicant. Landings data used in this sels. Any vessel of the United States, including party and charter vessels, qualification must be verified by dealer that fishes for, possesses, or lands At- reports submitted to NMFS. A vessel lantic mackerel, Illex squid, longfin that was not automatically issued a squid, or butterfish in or from the EEZ Tier 1 longfin squid moratorium permit or Atlantic chub mackerel in or from may apply for such a permit in accord- the EEZ portion of the Atlantic Chub ance with paragraph (a)(5)(i)(B) of this Mackerel Management Unit must have section. been issued and carry on board a valid (2) Tier 2 longfin squid moratorium per- Federal mackerel, squid, or butterfish mit. Beginning in February 2019, the vessel permit pursuant to this para- Regional Administer shall automati- graph (a)(5). cally issue a Tier 2 longfin squid mora- (i) Longfin squid moratorium permits— torium permit to any vessel that is (A) Eligibility. To be eligible to apply issued a longfin squid/butterfish mora- for a moratorium permit to fish for and torium permit or eligible to be issued retain longfin squid in excess of the in- such a permit held in CPH during fish- cidental catch allowance in paragraph ing year 2018 that does not qualify for (a)(5)(vi) of this section in the EEZ, a a Tier 1 longfin squid moratorium per- vessel must have been issued a longfin mit, as described in paragraph squid moratorium permit for the pre- (a)(5)(i)(A)(1) of this section. ceding year, be replacing a vessel that (3) Tier 3 longfin squid moratorium per- was issued a moratorium permit for mit. To be issued a Tier 3 permit, a ves- the preceding year, or be replacing a sel must have been issued an open ac- vessel that was issued a confirmation cess squid/butterfish permit and landed of permit history. Beginning in fishing more than 5,000 lb (2,268 kg) of longfin year 2018, a vessel may be eligible for squid in at least one calendar year be- and could be issued a Tier 1, Tier 2, or tween January 1, 1997, and December Tier 3 longfin squid moratorium permit 31, 2013. Landings data used in this

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qualification must be verified by dealer (a)(3)(i)(H) of this section apply to a reports submitted to NMFS. vessel issued a longfin squid morato- (B) Application/renewal restriction. See rium permit. paragraph (a)(1)(i)(B) of this section. (I) One-time longfin squid moratorium Unless automatically issued a Tier 1 or permit swap. An entity that owns mul- 2 longfin squid moratorium permit in tiple vessels issued longfin squid/ accordance with paragraphs butterfish moratorium permits as of (a)(5)(i)(A)(1) or (2) of this section, a May 26, 2017, has a one-time oppor- vessel owner may submit an initial ap- tunity to swap one Tier 1 longfin squid plication for a longfin squid morato- moratorium permit issued to one of its rium permit described in paragraph vessels with a longfin squid Tier 2 mor- (a)(5)(i)(A)(1) through (3) of this sec- atorium permit issued to another of its tion. The initial application must be vessels. No other fishery permits issued received by NMFS or postmarked no under this section may be transferred later than February 29, 2020. An initial pursuant to this paragraph (a)(5)(i)(I). application for a longfin squid morato- To be eligible for the one-time longfin rium permit that is not postmarked be- squid moratorium permit swap, the fol- fore February 29, 2020, will not be proc- lowing conditions must be met: essed because of this regulatory re- (1) An application to swap longfin striction, and will be returned to the squid moratorium permits must be re- sender with a letter explaining the rea- ceived by the Regional Administrator son for its return. within one year of the Regional Admin- (C) Qualification restriction. See para- istrator’s final decision on the issuance graph (a)(1)(i)(C) of this section. of the longfin squid Tier 1 or Tier 2 Longfin squid landings history gen- moratorium permits to be exchanged; erated by separate owners of a single (2) At the time of the application, the vessel at different times during the owner of record for both vessels and qualification period for a longfin squid permits involved in the permit swap moratorium permit may be used to must be identical to the owner of qualify more than one vessel, provided record of the same two vessels issued that each owner applying for such a the associated longfin squid/butterfish permit demonstrates that he/she cre- moratorium permits as of May 26, 2017; ated distinct fishing histories, that (3) The length overall of the vessel such histories have been retained, and upon which a longfin squid moratorium if the vessel was sold, that each appli- permit would be placed may not exceed cant’s eligibility and fishing history is the length overall associated with that distinct. individual permit’s vessel baseline (D) Change in ownership. See para- specifications by more than 10 percent; graph (a)(1)(i)(D) of this section. and (E) Replacement vessels. With the ex- (4) The horsepower of the vessel upon ception of a vessel issued a longfin which a longfin squid moratorium per- squid Tier 3 moratorium permit, to be mit would be placed may not exceed eligible for a longfin squid moratorium the horsepower associated with that in- permit, a replacement vessel must dividual permit’s vessel baseline speci- meet the criteria specified in para- fications by more than 20 percent. graph (a)(1)(i)(E) of this section. (J) Confirmation of permit history. See (F) Upgraded vessel. With the excep- paragraph (a)(1)(i)(J) of this section. tion of a vessel issued a longfin squid (K) Abandonment or voluntary relin- Tier 3 moratorium permit, the upgrade quishment of permits. See paragraph provisions in paragraph (a)(1)(i)(F) of (a)(1)(i)(K) of this section. this section apply to a vessel issued a (L) Restriction on permit splitting. See longfin squid moratorium permit. paragraph (a)(1)(i)(L) of this section. (G) Consolidation restriction. See para- (M) Appeal of permit denial—(1) Eligi- graph (a)(1)(i)(G) of this section. bility. Any applicant eligible to apply (H) Vessel baseline specifications. With for a longfin squid moratorium permit the exception of a vessel issued a who is denied such permit by the Re- longfin squid Tier 3 moratorium per- gional Administrator may appeal the mit, the vessel baseline specification denial to the Regional Administrator measures specified in paragraph within 30 days of the notice of denial.

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(2) Appeal review. Review of the Re- (ii) Reconsideration. Should the Na- gional Administrator’s decisions on tional Appeals Office deny an appeal longfin squid moratorium permit request submitted according to para- issuance will be conducted by the graph (a)(5)(i)(M)(2)(i) of this section, NOAA Fisheries National Appeals Of- the applicant may request a reconsid- fice pursuant to the procedures set eration of the appeal by the National forth in 15 CFR part 906, unless other- Appeals Office. A reconsideration re- wise modified by the procedures de- quest must be made in writing and sub- scribed here. The National Appeals Of- mitted to the National Appeals Office fice shall make findings and submit its within 10 days of that office’s decision decision to the Regional Administrator on the appeal, as instructed by the Na- and the applicant. The Regional Ad- tional Appeals Office. ministrator will review the National (3) Status of vessels pending appeal. A Appeals Office decision and make a vessel denied a longfin squid morato- final decision regarding any appeal in rium permit may fish for longfin squid accordance with 15 CFR 906.17. The Re- while the decision on the appeal is gional Administrator’s decision is the pending within NMFS, provided that final decision of the Department of the denial has been appealed, the ap- Commerce. peal is pending, and the vessel has on (i) Appeal request. An appeal of the de- board an LOA from the Regional Ad- nial of an initial permit application ministrator authorizing the vessel to must be made in writing and submitted fish under the longfin squid morato- to and received by the Regional Admin- rium permit category for which the ap- istrator or postmarked no later than 30 plicant has submitted an appeal. A re- days after the denial of an initial quest for an LOA must be made when longfin squid moratorium permit appli- submitting an appeal of the denial of cation. Upon receipt, the Regional Ad- the permit application. The Regional ministrator shall forward each appeal Administrator will issue such a letter request to the National Appeals Office. for the pending period of any appeal. Appeals must be based on the grounds The LOA must be carried on board the that the information used by the Re- vessel. If the appeal is finally denied, gional Administrator in denying the the Regional Administrator shall send original permit application was incor- a notice of final denial to the vessel rect. Items subject to appeal include, owner; the authorizing letter becomes but are not limited to, the accuracy of invalid 5 days after the receipt of the the amount of landings, the correct as- notice of denial, but no later than 10 signment of landings to a vessel and/or days from the date of the letter of de- permit holder, and the issuance of a nial. permit to a particular entity. The ap- (ii) Illex squid and butterfish morato- peal request must state the specific rium permits—(A) Eligibility. To be eligi- grounds for the appeal, and include in- ble to apply for a moratorium permit formation to support the appeal. An to fish for and retain Illex squid or appellant may request a hearing by in- butterfish in excess of the incidental cluding a concise statement raising catch allowance in paragraph (a)(5)(iv) genuine and substantial issues of a ma- of this section in the EEZ, a vessel terial fact or law that cannot be re- must have been issued an Illex squid or solved based on the documentary evi- butterfish moratorium permit for the dence alone. An appellant may also re- preceding year, be replacing a vessel quest a letter of authorization (LOA), that was issued a moratorium permit as described in paragraph (a)(5)(i)(M)(3) for the preceding year, or be replacing of this section, to continue to fish dur- a vessel that was issued a confirmation ing an appeal. If the appeal of the de- of permit history. Beginning in Feb- nial of the permit application is not ruary 2019, a vessel that was previously made within 30 days, the denial of the issued a longfin squid/butterfish mora- permit application shall constitute the torium permit during fishing year 2018 final decision of the Department of shall be automatically issued a sepa- Commerce. The appeal will not be re- rate butterfish moratorium permit. viewed without submission of informa- (B) Application/renewal restriction. See tion in support of the appeal. paragraph (a)(1)(i)(B) of this section.

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(C) Qualification restriction. See para- Atlantic mackerel per trip, provided graph (a)(1)(i)(C) of this section. the vessel qualifies for and has been (D) Change in ownership. See para- issued this permit, subject to all other graph (a)(1)(i)(D) of this section. regulations of this part. (E) Replacement vessels. See paragraph (3) Tier 3 Limited Access Atlantic Mack- (a)(1)(i)(E) of this section. erel Permit. A vessel may fish for, pos- (F) Upgraded vessel. See paragraph sess, and land up to 100,000 lb (37.3 mt) (a)(1)(i)(F) of this section. of Atlantic mackerel per trip, provided (G) Consolidation restriction. See para- the vessel qualifies for and has been graph (a)(1)(i)(G) of this section. issued this permit, subject to all other (H) Vessel baseline specifications. See regulations of this part. paragraph (a)(3)(i)(H) of this section. (C) Eligibility criteria for Atlantic mack- (I) [Reserved] erel permits. To be eligible to apply for (J) Confirmation of permit history. See a Tier 1, Tier 2, or Tier 3 limited access paragraph (a)(1)(i)(J) of this section. (K) Abandonment or voluntary relin- Atlantic mackerel permit to fish for quishment of permits. See paragraph and retain Atlantic mackerel in excess (a)(1)(i)(K) of this section. of the incidental catch allowance in (L) Restriction on permit splitting. See paragraph (a)(5)(vi) of this section in paragraph (a)(1)(i)(L) of this section. the EEZ, a vessel must have been (iii) Limited access Atlantic mackerel issued a Tier 1, Tier 2, or Tier 3 limited permits. (A) Vessel size restriction. A ves- access Atlantic mackerel permit, as sel of the United States is eligible for applicable, for the preceding year, be and may be issued an Atlantic mack- replacing a vessel that was issued a erel permit to fish for, possess, or land limited access permit for the preceding Atlantic mackerel in or from the EEZ, year, or be replacing a vessel that was except for any vessel that is greater issued a confirmation of permit his- than or equal to 165 ft (50.3 m) in length tory. overall (LOA), or greater than 750 gross (D) Application/renewal restrictions. registered tons (680.4 mt), or the ves- See paragraph (a)(1)(i)(B) of this sec- sel’s total main propulsion machinery tion. is greater than 3,000 horsepower. Ves- (E) Qualification restrictions. See para- sels that exceed the size or horsepower graph (a)(1)(i)(C) of this section. restrictions may seek to obtain an at- (F) Change of ownership. See para- sea processing permit specified in graph (a)(1)(i)(D) of this section. § 648.6(a)(2)(i). (G) Replacement vessels. See paragraph (B) Limited access mackerel permits. A (a)(1)(i)(E) of this section. vessel of the United States that fishes for, possesses, or lands more than 20,000 (H) Vessel baseline specification. (1) In lb (7.46 mt) of Atlantic mackerel per addition to the baseline specifications trip, except vessels that fish exclu- specified in paragraph (a)(1)(i)(H) of sively in state waters for Atlantic this section, the volumetric fish hold mackerel, must have been issued and capacity of a vessel at the time it was carry on board one of the limited ac- initially issued a Tier 1 or Tier 2 lim- cess Atlantic mackerel permits de- ited access Atlantic mackerel permit scribed in paragraphs (a)(5)(iii)(B)(1) will be considered a baseline specifica- through (3) of this section, including tion. The fish hold capacity measure- both vessels engaged in pair trawl oper- ment must be certified by one of the ations. following qualified individuals or enti- (1) Tier 1 Limited Access Atlantic Mack- ties: An individual credentialed as a erel Permit. A vessel may fish for, pos- Certified Marine Surveyor with a fish- sess, and land Atlantic mackerel not ing specialty by the National Associa- subject to a trip limit, provided the tion of Marine Surveyors (NAMS); an vessel qualifies for and has been issued individual credentialed as an Accred- this permit, subject to all other regula- ited Marine Surveyor with a fishing tions of this part. specialty by the Society of Accredited (2) Tier 2 Limited Access Atlantic Mack- Marine Surveyors (SAMS); employees erel Permit. A vessel may fish for, pos- or agents of a classification society ap- sess, and land up to 135,000 lb (50 mt) of proved by the Coast Guard pursuant to

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46 U.S.C. 3316(c); the Maine State Seal- (J) Consolidation restriction. See para- er of Weights and Measures; a profes- graph (a)(1)(i)(G) of this section. sionally-licensed and/or registered Ma- (K) Confirmation of permit history. See rine Engineer; or a Naval Architect paragraph (a)(1)(i)(J) of this section. with a professional engineer license. (L) Abandonment or voluntary relin- The fish hold capacity measurement quishment of permits. See paragraph submitted to NMFS as required in this (a)(1)(i)(K) of this section. paragraph (a)(5)(iii)(H)(1) must include (iv) Atlantic mackerel incidental catch a signed certification by the individual permits. Any vessel of the United States or entity that completed the measure- may obtain a permit to fish for or re- ment, specifying how they meet the tain up to 20,000 lb (9,072 kg) of Atlan- definition of a qualified individual or tic mackerel as an incidental catch in entity. another directed fishery, provided that (2) If an Atlantic mackerel CPH is the vessel does not exceed the size re- initially issued, the vessel that pro- strictions specified in paragraph vided the CPH eligibility establishes (a)(5)(iii)(A) of this section. The inci- the size baseline against which future dental catch allowance may be revised vessel size limitations shall be evalu- by the Regional Administrator based ated, unless the applicant has a vessel upon a recommendation by the Council under contract prior to the submission following the procedure set forth in of the Atlantic mackerel limited access § 648.21. application. If the vessel that estab- (v) Party and charter boat permits. The lished the CPH is less than 20 ft (6.09 owner of any party or charter boat that m) in length overall, then the baseline fishes for, possesses, or retains Atlan- specifications associated with other tic mackerel, Illex squid, longfin squid, limited access permits in the CPH suite or butterfish in or from the EEZ or At- will be used to establish the Atlantic lantic chub mackerel in or from the mackerel baseline specifications. If the EEZ portion of the Atlantic Chub vessel that established the CPH is less Mackerel Management Unit, while car- than 20 ft (6.09 m) in length overall, the rying passengers for hire must have limited access Atlantic mackerel eligi- been issued and carry on board a valid bility was established on another ves- Federal vessel permit pursuant to this sel, and there are no other limited ac- paragraph (a)(5). cess permits in the CPH suite, then the (vi) Squid/butterfish incidental catch applicant must submit valid docu- permit. Any vessel of the United States mentation of the baseline specifica- may obtain a permit to fish for or re- tions of the vessel that established the tain up to 250 lb (113 kg) of longfin eligibility. The hold capacity baseline squid, 600 lb (272 kg) of butterfish, or up for such vessels will be the hold capac- to 10,000 lb (4,536 kg) of Illex squid, as ity of the first replacement vessel after an incidental catch in another directed the permits are removed from CPH. fishery. The incidental catch allowance Hold capacity for the replacement ves- may be revised by the Regional Admin- sel must be measured pursuant to para- istrator based upon a recommendation graph (a)(5)(iii)(H)(1) of this section. by the Council following the procedure (I) Upgraded vessel. See paragraph set forth in § 648.22. (a)(1)(i)(F) of this section. In addition, (6) Scup vessels. Beginning on January for Tier 1 and Tier 2 limited access At- 1, 1997, and subject to the eligibility re- lantic mackerel permits, the replace- quirements specified in paragraphs ment vessel’s volumetric fish hold ca- (a)(6)(i) and (a)(6)(ii) of this section, the pacity may not exceed by more than 10 owner of a vessel of the United States, percent the volumetric fish hold capac- including a party or charter vessel, ity of the vessel’s baseline specifica- must obtain a permit issued under this tions. The modified fish hold, or the part to fish for or retain scup for sale, fish hold of the replacement vessel, barter or trade, in or from the EEZ must be resurveyed by a surveyor (ac- north of 35°15.3′ N. lat. Any vessel, credited as in paragraph (a)(5)(iii)(H) of other than a party or charter boat, this section) unless the replacement that observes the possession limit re- vessel already had an appropriate cer- strictions established pursuant to, and tification. the prohibition on sale specified in,

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§ 648.128 is exempt from the permit re- Lat., the latitude of Cape Hatteras quirement. Light, NC, a vessel must have been (i) Moratorium permit—(A) Eligibility. issued a black sea bass moratorium To be eligible to apply for a morato- permit for the preceding year, be re- rium permit to fish for and retain scup, placing a vessel that was issued a black a vessel must have been issued a scup sea bass moratorium permit for the moratorium permit for the preceding preceding year, or be replacing a vessel year, be replacing a vessel that was that was issued a confirmation of per- issued a scup moratorium permit for mit history. the preceding year, or be replacing a (B) Application/renewal restrictions. vessel that was issued a confirmation See paragraph (a)(1)(i)(B) of this sec- of permit history. tion. (B) Application/renewal restriction. See (C) Qualification restriction. See para- paragraph (a)(1)(i)(B) of this section. graph (a)(1)(i)(C) of this section. (C) Qualification restriction. See para- (D) Change in ownership. See para- graph (a)(1)(i)(C) of this section. graph (a)(1)(i)(D) of this section. (D) Change in ownership. See para- (E) Replacement vessels. See paragraph graph (a)(1)(i)(D) of this section. (a)(1)(i)(E) of this section. (E) Replacement vessels. See paragraph (F) Upgraded vessel. See paragraph (a)(1)(i)(E) of this section. (a)(1)(i)(F) of this section. (F) Upgraded vessel. See paragraph (G) Consolidation restriction. See para- (a)(1)(i)(F) of this section. graph (a)(1)(i)(G) of this section. (G) Consolidation restriction. See para- (H) Vessel baseline specifications. See graph (a)(1)(i)(G) of this section. paragraph (a)(3)(i)(H) of this section. (H) Vessel baseline specifications. See (I) [Reserved] paragraph (a)(3)(i)(H) of this section. (J) Confirmation of permit history. See (I) [Reserved] paragraph (a)(1)(i)(J) of this section. (J) Confirmation of permit history. See (K) Abandonment or voluntary relin- paragraph (a)(1)(i)(J) of this section. quishment of permits. See paragraph (K) Abandonment or voluntary relin- (a)(1)(i)(K) of this section. quishment of permits. See paragraph (L) Restriction on permit splitting. See (a)(1)(i)(K) of this section. paragraph (a)(1)(i)(L) of this section. (L) Restriction on permit splitting. See (ii) Party and charter boat permit. The paragraph (a)(1)(i)(L) of this section. owner of any party or charter boat (ii) Party and charter boat permit. Any must obtain a permit to fish for or re- party or charter boat is eligible for a tain black sea bass in or from U.S. wa- permit to fish for scup, other than a ters of the western Atlantic Ocean scup moratorium permit, if it is car- from 35°15.3′ N. lat., the latitude of rying passengers for hire. Such vessel Cape Hatteras Light, NC, northward to must observe the possession limits es- the U.S.-Canada border, while carrying tablished pursuant to, and the prohibi- passengers for hire. tions on sale specified in, § 648.125. (8) Atlantic bluefish vessels. (i) Commer- (7) Black sea bass vessels. Beginning cial. Any vessel of the United States in- June 1, 1997, any vessel of the United cluding party and charter boats not States that fishes for or retains black carrying passengers for hire, that sea bass in or from the EEZ north of fishes for, possesses, or lands Atlantic 35°15.3′ N. lat., the latitude of Cape Hat- bluefish in or from the EEZ in excess of teras Light, NC, must have been issued the recreational possession limit speci- and carry on board a valid black sea fied at § 648.164 must have been issued bass moratorium permit, except for and carry on board a valid commercial vessels other than party or charter ves- bluefish vessel permit. sels that observe the possession limit (ii) Party and charter vessels. All party established pursuant to § 648.145. or charter boats must have been issued (i) Moratorium permits—(A) Eligibility. and carry on board a valid party or To be eligible to apply for a morato- charter boat permit to fish for, possess, rium permit to fish for and retain or land Atlantic bluefish in or from the black sea bass in excess of the posses- EEZ if carrying passengers for hire. sion limit established pursuant to Persons on board such vessels must ob- § 648.145 in the EEZ north of 35°15.3′ N. serve the possession limits established

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pursuant to § 648.164 and the prohibi- fishing year. If such a request is not re- tions on sale specified in § 648.14(q). ceived within 45 days, the vessel owner (9) Monkfish vessels. Any vessel of the may not request a change in permit United States, including a charter or category and the vessel’s permit cat- party boat, must have been issued and egory will remain unchanged for the have on board a valid monkfish permit duration of the fishing year. to fish for, possess, or land any (6) Category G permit (vessels restricted monkfish in or from the EEZ. to fishing south of 38°40′ N. lat. As de- (i) Limited access monkfish permits. (A) scribed in § 648.92(b) that do not qualify Eligibility. A vessel may be issued a lim- for a monkfish limited access Category A, ited access monkfish permit if it meets B, C, or D permit). The vessel landed at any of the following limited access least 50,000 lb (22,680 kg) tail weight or monkfish permits criteria: 166,000 lb (75,296 kg) whole weight of (1) Category A permit (vessels without monkfish in the area south of 38°00′ N. NE multispecies or scallop limited access lat. during the period March 15 through DAS permits). The vessel landed at least 50,000 lb (22,680 kg) tail-weight or June 15 in the years 1995 to 1998. 166,000 lb (75,297.6 kg) whole weight of (7) Category H permit (vessels restricted ° ′ monkfish between February 28, 1991, to fishing south of 38 40 N. lat. As de- and February 27, 1995; scribed in § 648.92(b) that do not qualify (2) Category B permit (vessels less than for a monkfish limited access Category A, 51 gross registered tonnage (GRT) without B, C, D, or G permit). The vessel landed NE multispecies or scallop limited access at least 7,500 lb (3,402 kg) tail weight or DAS permits that do not qualify for a Cat- 24,900 lb (11,294 kg) whole weight of egory A permit). The vessel landed at monkfish in the area south of 38°00′ N. least 7,500 lb (3,402 kg) tail-weight or lat. during the period March 15 through 24,900 lb (11,294.6 kg) whole weight of June 15 in the years 1995 to 1998. monkfish between February 28, 1991, (B) Application/renewal restrictions. No and February 27, 1995; one may apply for an initial limited ac- (3) Category C permit (vessels with NE cess monkfish permit for a vessel after multispecies or scallop limited access DAS November 7, 2000, unless otherwise al- permits). The vessel landed at least lowed in this paragraph (a)(9)(i)(B). 50,000 lb (22,680 kg) tail-weight or Vessels applying for an initial limited 166,000 lb (75,297.6 kg) whole weight of access Category G or H permit, as de- monkfish between February 28, 1991, scribed in paragraphs (a)(9)(i)(A)(6) and and February 27, 1995; or (7) of this section, must do so on or be- (4) Category D permit (all vessels with fore April 30, 2006. NE multispecies limited access DAS per- (C) Qualification restrictions. (1) See mits and vessels less than 51 GRT with paragraph (a)(1)(i)(C) of this section. scallop limited access DAS permits that do (2) Vessels under agreement for con- not qualify for a Category C permit). The struction or under reconstruction. A ves- vessel landed at least 7,500 lb (3,402 kg) sel may be issued a limited access tail-weight or 24,900 lb (11,294.6 kg) monkfish permit if the vessel was whole weight of monkfish between Feb- under written agreement for construc- ruary 28, 1991, and February 27, 1995. (5) Category F permit (vessels electing to tion or reconstruction between Feb- participate in the Offshore Fishery Pro- ruary 28, 1994, and February 27, 1995, gram). To fish in the Offshore Fishery and such vessel meets any of the quali- Program, as described under § 648.95, fication criteria regarding amount of vessels must apply for and be issued a landings as stated in paragraph Category F permit and fish under this (a)(9)(i)(A) of this section between Feb- permit category for the entire fishing ruary 28, 1991, and February 27, 1996. year. The owner of a vessel, or author- (D) Change in ownership. (1) See para- ized representative, may change the graph (a)(1)(i)(D) of this section. vessel’s limited access monkfish per- (2) A vessel may be issued a limited mit category within 45 days of the ef- access monkfish permit if it was under fective date of the vessel’s permit, pro- written agreement for purchase as of vided the vessel has not fished under February 27, 1995 and meets any of the the monkfish DAS program during that qualification criteria regarding

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amount of landings as stated in para- fish under the permit category of the graph (a)(9)(i)(A) of this section be- smaller vessel. tween February 28, 1991, and February (G) Consolidation restriction. See para- 27, 1996. graph (a)(1)(i)(G) of this section. (E) Replacement vessels. (1) See para- (H) Vessel baseline specification. See graph (a)(1)(i)(E) of this section. paragraph (a)(1)(i)(H) of this section. (2) A vessel ≥51 GRT that lawfully re- (I) [Reserved] placed a vessel <51 GRT between Feb- (J) Confirmation of permit history. See ruary 27, 1995, and October 7, 1999, that paragraph (a)(1)(i)(J) of this section. meets the qualification criteria set (K) Abandonment or voluntary relin- forth in paragraph (a)(9)(i)(A) of this quishment of permits. See paragraph section, but exceeds the 51 GRT vessel (a)(1)(i)(K) of this section. size qualification criteria as stated in (L) Restriction on permit splitting. A paragraph (a)(9)(i)(A)(2) or (4) of this limited access monkfish permit may section, may qualify for and fish under not be issued to a vessel or to its re- the permit category for which the re- placement, or remain valid, if the ves- placed vessel qualified. sel’s permit or fishing history has been (3) A vessel that replaced a vessel used to qualify another vessel for an- that fished for and landed monkfish be- other Federal fishery. tween February 28, 1991, and February (ii) Monkfish incidental catch vessels (Category E). A vessel of the United 27, 1995, may use the replaced vessel’s States that is subject to these regula- history in lieu of or in addition to such tions and that has not been issued a vessel’s fishing history to meet the limited access monkfish permit under qualification criteria set forth in para- paragraph (a)(9)(i)(A) of this section is graph (a)(9)(i)(A)(1), (2), (3), or (4) of eligible for and may be issued a this section, unless the owner of the re- monkfish incidental catch (Category E) placed vessel retained the vessel’s per- permit to fish for, possess, or land mit or fishing history, or such vessel monkfish subject to the restrictions in no longer exists and was replaced by § 648.94(c). another vessel according to the provi- (10) Atlantic herring vessels—(i) Except sions in paragraph (a)(1)(i)(D) of this as provided herein, any vessel of the section. United States must have been issued (4) A vessel that replaced a vessel and have on board a valid Atlantic her- that fished for and landed monkfish be- ring permit to fish for, possess, or land tween March 15 through June 15 in the Atlantic herring in or from the EEZ. years 1995 through 1998, may use the re- This requirement does not apply to the placed vessel’s history in lieu of, or in following: addition to, such vessel’s fishing his- (A) A vessel that possesses herring tory to meet the qualification criteria solely for its use as bait, providing the set forth in paragraphs (a)(9)(i)(A)(6) vessel does not use or have on board and (7) of this section, unless the owner purse seine, mid-water trawl, pelagic of the replaced vessel retained the ves- gillnet, sink gillnet, or bottom trawl sel’s permit or fishing history, or such gear on any trip in which herring is vessel no longer exists and was re- fished for, possessed, or landed, and placed by another vessel according to does not transfer, sell, trade, or barter the provision of paragraph (a)(1)(i)(D) such herring; of this section. (B) A skiff or other similar craft used (F) Upgraded vessel. (1) See paragraph exclusively to deploy the net in a purse (a)(1)(i)(F) of this section. seine operation during a fishing trip of (2) A vessel ≥51 GRT that upgraded a vessel that is duly permitted under from a vessel size <51 GRT between this part; or February 27, 1995, and October 7, 1999, (C) At-sea processors that do not har- that meets any of the qualification cri- vest fish, provided that at-sea proc- teria set forth in paragraph (a)(9)(i)(A) essor vessels are issued the at-sea proc- of this section, but exceeds the 51 GRT essor permit specified under vessel size qualification criteria as § 648.6(a)(2). stated in paragraphs (a)(9)(i)(A)(2) and (ii) Atlantic herring carrier. An Atlan- (4) of this section, may qualify for and tic herring carrier must have been

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issued and have on board a herring per- may be issued an Atlantic herring per- mit and a letter of authorization to re- mit to fish for, possess, or land Atlan- ceive and transport Atlantic herring tic herring in or from the EEZ, except caught by another permitted fishing for any vessel that is ≥165 ft (50.3 m) in vessel or it must have been issued and length overall (LOA), or >750 GRT have on board a herring permit and (680.4 mt), or the vessel’s total main have declared an Atlantic herring car- propulsion machinery is >3,000 horse- rier trip via VMS consistent with the power. Vessels that exceed the size or requirements at § 648.10(m)(1). Once a horsepower restrictions are eligible to vessel declares an Atlantic herring car- be issued an at-sea processing permit rier trip via VMS, it is bound to the specified under § 648.6(a)(2)(ii). VMS operating requirements, specified (iv) Limited access herring permits. (A) at § 648.10, for the remainder of the fish- A vessel of the United States that ing year. On Atlantic herring carrier fishes for, possesses, or lands more trips under either the letter of author- than 6,600 lb (3 mt) of herring, except ization or an Atlantic herring carrier vessels that fish exclusively in state VMS trip declaration, an Atlantic her- waters for herring, must have been ring carrier is exempt from the VMS, issued and carry on board either one of IVR, and VTR vessel reporting require- the limited access herring permits de- ments, as specified in § 648.7 and sub- scribed in paragraphs (a)(10)(iv)(A)(1) part K of this part, except as otherwise through (3) of this section or an open required by this part. If not declaring access Category E Herring Permit (as an Atlantic herring carrier trip via described in § 648.4(a)(10)(v)(B)), includ- VMS, an Atlantic herring carrier vessel ing both vessels engaged in pair trawl must request and obtain a letter of au- operations. thorization from the Regional Admin- (1) Category A Herring Permit (All istrator, and there is a minimum en- Areas Limited Access Herring Permit). A rollment period of 7 calendar days for a vessel may fish for, possess, and land letter of authorization. Atlantic her- unlimited amounts of herring from all ring carrier vessels operating under a herring areas, provided the vessel letter of authorization or an Atlantic qualifies for and has been issued this herring carrier VMS trip declaration permit, subject to all other regulations may not conduct fishing activities, ex- of this part. cept for purposes of transport, or pos- (2) Category B Herring Permit (Areas 2 sess any fishing gear on board the ves- and 3 Limited Access Herring Permit). A sel capable of catching or processing vessel may fish for, possess, and land herring, and they must be used exclu- unlimited amounts of herring from her- sively as an Atlantic herring carrier ring Areas 2 and 3, provided the vessel vessel, and they must carry observers qualifies for and has been issued this if required by NMFS. While operating permit, subject to all other regulations under a valid letter of authorization or of this part. Atlantic herring carrier VMS trip dec- (3) Category C Herring Permit (Limited laration, such vessels are exempt from Access Incidental Catch Herring Permit). any herring possession limits associ- (i) A vessel that does not qualify for ei- ated with the herring vessel permit ther of the permits specified in para- categories. Atlantic herring carrier graphs (a)(10)(iv)(A)(1) and (2) of this vessels operating under a letter of au- section may fish for, possess, and land thorization or an Atlantic herring car- up to 55,000 lb (25 mt) of herring from rier VMS trip declaration may not pos- any herring area, provided the vessel sess, transfer, or land any species other qualifies for and has been issued this than Atlantic herring, except that they permit, subject to all other regulations may possess Northeast multispecies of this part. transferred by vessels issued either a (ii) A vessel that does not qualify for Category A or B Herring Permit, con- a Category A Herring Permit specified sistent with the applicable possession in paragraph (a)(10)(iv)(A)(1) of this limits for such vessels specified at section, but qualifies for the Category § 648.86(a)(3) and (k). B Herring Permit specified in para- (iii) Vessel size limitation. A vessel of graph (a)(10)(iv)(A)(2) of this section, the United States is eligible for and may fish for, possess, and land up to

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55,000 lb (25 mt) of herring from Area 1, (a)(10)(iv)(B)(2)(iii) of this section. provided the vessel qualifies for and Landings made by a vessel that is has been issued this permit, subject to being replaced may be used to qualify a all other regulations of this part. replacement vessel consistent with the (B) Eligibility for Category A and B requirements specified in paragraph Herring Permits, and Confirmation of Per- (a)(10)(iv)(B)(1)(ii) of this section and mit History (CPH). A vessel is eligible the permit splitting prohibitions in for and may be issued either a Cat- paragraph (a)(10)(iv)(N) of this section. egory A or B Herring Permit if it meets (ii) Extension of eligibility period for the permit history criteria in para- landings criteria for vessels under con- graph (a)(10)(iv)(B)(1) of this section struction, reconstruction, or purchase and the relevant landing requirements contract. An applicant who submits in paragraphs (a)(10)(iv)(B)(2) and (3) of written evidence that a vessel was this section. under construction, reconstruction, or (1) Permit history criteria for Category was under written contract for pur- A and B Herring Permits. (i) The vessel chase as of December 31, 2003, may ex- must have been issued a Federal her- tend the period for determining land- ring permit (Category 1 or 2) that was ings specified in paragraph valid as of November 10, 2005; or (a)(10)(iv)(B)(2)(i) of this section (ii) The vessel is replacing a vessel through December 31, 2004. that was issued a Federal herring per- (iii) Landings criteria for vessels mit (Category 1 or 2) between Novem- using landings from pair trawl oper- ber 10, 2003, and November 9, 2005. To ations. To qualify for a limited access qualify as a replacement vessel, the re- permit using landings from pair trawl placement vessel and the vessel being replaced must both be owned by the operations, the owners of the vessels same vessel owner; or, if the vessel engaged in that operation must agree being replaced was sunk or destroyed, on how to divide such landings between the vessel owner must have owned the the two vessels and apply for the per- vessel being replaced at the time it mit jointly, as verified by dealer re- sunk or was destroyed; or, if the vessel ports submitted to NMFS or valid deal- being replaced was sold to another per- er receipts, if dealer reports were not son, the vessel owner must provide a required by NMFS. copy of a written agreement between (3) Landings criteria for the Category B the buyer of the vessel being replaced Herring Permit. (i) The vessel must have and the owner/seller of the vessel, doc- landed at least 250 mt of herring in any umenting that the vessel owner/seller one calendar year between January 1, retained the herring permit and all 1993, and December 31, 2003, as verified herring landings history. by dealer reports submitted to NMFS (2) Landings criteria for the Category A or documented through valid dealer re- Herring Permit—(i) The vessel must ceipts, if dealer reports were not re- have landed at least 500 mt of herring quired by NMFS. In those cases where in any one calendar year between Jan- a vessel has sold herring but there are uary 1, 1993, and December 31, 2003, as no required dealer receipts, e.g., trans- verified by dealer reports submitted to fers of bait at sea and border transfers, NMFS or documented through valid the vessel owner can submit other doc- dealer receipts, if dealer reports were umentation that documents such not required by NMFS. In those cases transactions and proves that the her- where a vessel has sold herring but ring thus transferred should be added there are no required dealer receipts, to their landings history. The owners e.g., transfers of bait at sea and border of vessels that fished in pair trawl op- transfers, the vessel owner can submit erations may provide landings informa- other documentation that documents tion as specified in paragraph such transactions and proves that the (a)(10)(iv)(B)(2)(iii) of this section. herring thus transferred should be Landings made by a vessel that is added to their landings history. The being replaced may be used to qualify a owners of vessels that fished in pair replacement vessel consistent with the trawl operations may provide landings requirements specified in paragraph information as specified in paragraph (a)(10)(iv)(B)(1)(ii) of this section and

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the permit splitting prohibitions in was sunk or destroyed, the vessel paragraph (a)(10)(iv)(N) of this section. owner must have owned the vessel (ii) Extension of eligibility period for being replaced at the time it sunk or landings criteria for vessels under con- was destroyed; or, if the vessel being struction, reconstruction or purchase con- replaced was sold to another person, tract. An applicant who submits writ- the vessel owner must provide a copy ten evidence that a vessel was under of a written agreement between the construction, reconstruction, or was buyer of the vessel being replaced and under written contract for purchase as the owner/seller of the vessel, docu- of December 31, 2003, may extend the menting that the vessel owner/seller period for determining landings speci- retained the herring permit and all fied in paragraph (a)(10)(iv)(B)(3)(i) of herring landings history. this section through December 31, 2004. (2) Landings criteria for Category C (iii) Landings criteria for vessels using Herring Permit. (i) The vessel must have landings from pair trawl operations. See landed at least 15 mt of herring in any paragraph (a)(10)(iv)(B)(2)(iii) of this calendar year between January 1, 1988, section. and December 31, 2003, as verified by (4) CPH. A person who does not cur- dealer reports submitted to NMFS or rently own a fishing vessel, but owned documented through valid dealer re- a vessel that satisfies the permit eligi- ceipts, if dealer reports were not re- bility requirements in paragraph quired by NMFS. In those cases where (a)(10)(iv)(B) of this section that has a vessel has sold herring but there are sunk, been destroyed, or transferred to no required dealer receipts, e.g., trans- another person, but that has not been fers of bait at sea and border transfers, replaced, may apply for and receive a the vessel owner can submit other doc- CPH that allows for a replacement ves- umentation that documents such sel to obtain the relevant limited ac- transactions and proves that the her- cess herring permit if the fishing and ring thus transferred should be added permit history of such vessel has been to the vessel’s landings history. The retained lawfully by the applicant as owners of vessels that fished in pair specified in paragraph trawl operations may provide landings (a)(10)(iv)(B)(1)(ii) of this section and information as specified in paragraph consistent with (a)(10)(iv)(N) of this (a)(10)(iv)(B)(2)(iii) of this section. section. Landings made by a vessel that is (C) Eligibility for Category C Herring being replaced may be used to qualify a Permit, and CPH. A vessel is eligible for replacement vessel consistent with the and may be issued a Category C Her- requirements specified in paragraph ring Permit if it meets the permit his- (a)(10)(iv)(B)(1)(ii) of this section and tory criteria specified in paragraph the permit splitting prohibitions in (a)(10)(iv)(C)(1) of this section and the paragraph (a)(10)(iv)(N) of this section. landings criteria in paragraph (ii) Extension of eligibility period for (a)(10)(iv)(C)(2) of this section. landings criteria for vessels under con- (1) Permit history criteria. (i) The ves- struction, reconstruction or purchase con- sel must have been issued a Federal tract. An applicant who submits writ- permit for Northeast multispecies, At- ten evidence that a vessel was under lantic mackerel, Atlantic herring, construction, reconstruction, or was longfin or Illex squid, or butterfish that under written contract for purchase as was valid as of November 10, 2005; or of December 31, 2003, may extend the (ii) The vessel is replacing a vessel period for determining landings speci- that was issued a Federal permit for fied in paragraph (a)(10)(iv)(C)(2)(i) of Northeast multispecies, Atlantic this section through December 31, 2004. mackerel, Atlantic herring, longfin or (3) CPH. A person who does not cur- Illex squid, or butterfish that was rently own a fishing vessel, but owned issued between November 10, 2003, and a vessel that satisfies the permit eligi- November 9, 2005. To qualify as a re- bility requirements in paragraph placement vessel, the replacement ves- (a)(10)(iv)(C) of this section that has sel and the vessel being replaced must sunk, been destroyed, or transferred to both be owned by the same vessel another person, but that has not been owner; or, if the vessel being replaced replaced, may apply for and receive a

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CPH that allows for a replacement ves- (K) Limited access permit restrictions. sel to obtain the relevant limited ac- [Reserved] cess herring permit if the fishing and (L) Confirmation of Permit History. See permit history of such vessel has been paragraph (a)(1)(i)(J) of this section. retained lawfully by the applicant as (M) Abandonment or voluntary relin- specified in paragraph quishment of permits. See paragraph (a)(10)(iv)(B)(1)(ii) of this section and (a)(1)(i)(K) of this section. consistent with (a)(10)(iv)(N) of this (N) Restriction on permit splitting. See section. paragraph (a)(1)(i)(L) of this section. (D) Application/renewal restrictions. (1) Notwithstanding paragraph (a)(1)(i)(L), No one may apply for an initial limited vessel owners applying for a limited ac- access Atlantic herring permit or a cess herring permit who sold vessels CPH under paragraph (a)(10)(iv)(L) of with limited access permits and re- this section after May 31, 2008, or after tained the herring history before ap- the abandonment or voluntary relin- plying for the initial limited access quishment of permit history as speci- herring permit may not use the herring fied in paragraph (a)(10)(iv)(M) of this history to qualify a vessel for the ini- section. tial limited access herring permit, if (2) An applicant who submits written the issuance of such permit would vio- proof that an eligible vessel was sold, late the restrictions on permit split- with the seller retaining the herring ting. Furthermore, notwithstanding history through a written agreement paragraph (a)(1)(i)(L), for the purposes signed by both parties to the sale or of the Atlantic herring fishery, her- transfer, may not utilize such history rings landings history generated by if the vessel’s history was used to qual- separate owners of a single vessel at ify another vessel for another limited different times may be used the qualify access permit. more than one vessel, provided that (3) All limited access permits estab- each owner applying for a limited ac- lished under this section must be cess permit, demonstrates that he/she issued on an annual basis by April 30, created distinct fishing histories, and the last day of the year for which the that such histories have been retained. permit is issued, unless a CPH has been (O) Appeal of denial of permit—(1) Eli- issued as specified in paragraph gibility. Any applicant eligible to apply (a)(10)(iv)(L) of this section. Applica- for a limited access herring permit who tion for such permits must be received is denied such permit may appeal the no later than March 31, which is 30 denial to the Regional Administrator days before the last day of the permit within 30 days of the notice of denial. year. Failure to renew a limited access Any such appeal may only be based on permit in any fishing year bars the re- the grounds that the information used newal of the permit in subsequent by the Regional Administrator was years. based on incorrect data. The appeal (E) Qualification restriction. See para- must be in writing, and must state the graph (a)(1)(i)(C) of this section. specific grounds for the appeal. (F) Change in ownership. See para- (2) Appeal review. The Regional Ad- graph (a)(1)(i)(D) of this section. ministrator shall appoint a designee (G) Replacement vessels. See paragraph who shall make the initial decision on (a)(1)(i)(E) of this section. the appeal. The appellant may request (H) Upgraded vessel. See paragraph a review of the initial decision by the (a)(1)(i)(F) of this section. Regional Administrator by so request- (I) Consolidation restriction. See para- ing in writing within 30 days of the no- graph (a)(1)(i)(G) of this section. tice of the initial decision. If the appel- (J) Vessel baseline specifications. See lant does not request a review of the paragraph (a)(1)(i)(H) of this section. If initial decision within 30 days, the ini- a herring CPH is initially issued, the tial decision is the final administrative vessel that provided the CPH eligi- action of the Department of Com- bility establishes the size baseline merce. Such review will be conducted against which future vessel size limita- by a hearing officer appointed by the tions shall be evaluated. Regional Administrator. The hearing

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officer shall make findings and a rec- commercial vessel permit to fish for, ommendation to the Regional Adminis- possess, or land golden tilefish or trator, which shall be advisory only. blueline tilefish for a commercial pur- Upon receiving the findings and the pose, in or from the Tilefish Manage- recommendation, the Regional Admin- ment Unit. istrator shall issue a final decision on (A) A commercial vessel must fish the appeal. The Regional Administra- under the authorization of a golden tor’s decision is the final administra- tilefish IFQ allocation permit, issued tive action of the Department of Com- pursuant to § 648.294, to possess, or land merce. golden tilefish in excess of the trip (3) Status of vessels pending appeal. A limit as specified under § 648.295(a). vessel denied a limited access herring (B) [Reserved] permit may fish under the limited ac- (ii) Party and charter vessel permits. cess herring permit, provided that the Any party or charter vessel must have denial has been appealed, the appeal is been issued, under this part, a Federal pending, and the vessel has on board a charter/party vessel permit to fish for letter from the Regional Administrator either golden tilefish or blueline authorizing the vessel to fish under the tilefish in the Tilefish Management limited access category. The Regional Unit, if it carries passengers for hire. Administrator shall issue such a letter Such vessel must observe the rec- for the pendency of any appeal. The reational possession limits as specified letter of authorization must be carried at § 648.296 and the prohibition on sale. on board the vessel. If the appeal is fi- (iii) Private recreational vessel permits. nally denied, the Regional Adminis- Any private recreational vessel must trator shall send a notice of final de- have been issued, under this part, a nial to the vessel owner; the author- Federal recreational tilefish vessel per- izing letter becomes invalid 5 days mit to fish for, possess, or land either after receipt of the notice of denial, but golden tilefish or blueline tilefish in no later than 10 days from the date of the Tilefish Management Unit. Such the letter of denial. vessel must observe the recreational (v) Open access herring permits. A ves- possession limits as specified at sel that has not been issued a limited § 648.296 and the prohibition on sale. access herring permit may obtain: (13) Red Crab vessels. Any vessel of the (A) A Category D Herring Permit (All United States must have been issued Areas Open Access Herring Permit) to and have on board a valid red crab ves- possess up to 6,600 lb (3 mt) of herring sel permit to fish for, catch, possess, per trip from all herring management transport, land, sell, trade, or barter, areas, limited to one landing per cal- any red crab or red crab part in or from endar day; and/or the EEZ portion of the Red Crab Man- (B) A Category E Herring Permit agement Unit. (Areas 2/3 Open Access Herring Permit) to (i) Limited access red crab permit—(A) possess up to 20,000 lb (9 mt) of herring Eligibility. Any vessel of the United per trip from Herring Management States that possesses or lands more Areas 2 and 3, limited to one landing than the incidental amount of red crab, per calendar day, provided the vessel as specified in § 648.263(b), per red crab has also been issued a Limited Access trip must have been issued and carry Atlantic Mackerel permit, as defined on board a valid limited access red crab at § 648.4(a)(5)(iii). permit. (11) Spiny dogfish vessels. Any vessel (B) Application/renewal restrictions. of the United States that commercially The provisions of paragraph (a)(1)(i)(B) fishes for, possesses, or lands spiny of this section apply. dogfish in or from the EEZ must have (C) Qualification restrictions. The pro- been issued and carry on board a valid visions of paragraph (a)(1)(i)(C) of this commercial spiny dogfish vessel per- section apply. mit. (D) Change in ownership. The provi- (12) Tilefish vessels—(i) Commercial ves- sions of paragraph (a)(1)(i)(D) of this sel permits. Any vessel of the United section apply. States must have been issued, under (E) Replacement vessels. (1) To be eligi- this part, and carry on board, a valid ble for a limited access permit under

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this section, the replacement vessel’s this part, based on the qualifying ves- length overall may not exceed the ves- sel’s fishing and permit history, the sel’s baseline length overall by more CPH preserves such fishing privileges. than 10 percent. The replacement ves- A CPH must be applied for in order for sel must also meet any other applica- the applicant to preserve the fishing ble criteria under paragraph rights and limited access eligibility of (a)(13)(i)(F) of this section. the qualifying vessel. An application (2) A vessel that lawfully replaced a for a CPH must be received by the Re- vessel that meets the qualification cri- gional Administrator no later than 30 teria set forth in paragraph (a)(13)(i)(A) days prior to the end of the first full of this section may qualify for and fish fishing year in which a vessel permit under the permit category for which cannot be issued. Failure to do so is the replaced vessel qualified. considered abandonment of the permit (F) Upgraded vessel. A vessel may be as described in paragraph (a)(1)(i)(K) of upgraded, whether through refitting or this section. A CPH issued under this replacement, and be eligible to retain part will remain valid until the fishing or renew a limited access permit, pro- and permit history preserved by the vided that the new length overall of CPH is used to qualify a replacement the upgraded vessel does exceed the vessel for a limited access permit. Any vessel’s baseline length overall by decision regarding the issuance of a more than 10 percent, as applicable. CPH for a qualifying vessel that has (G) Consolidation restriction. The pro- applied for or been issued previously a visions of paragraph (a)(1)(i)(G) of this limited access permit is a final agency section apply. action subject to judicial review under (H) Vessel baseline length. The vessel 5 U.S.C. 704. Information requirements baseline length in this section is the for the CPH application are the same overall length of the vessel indicated as those for a limited access permit. on the vessel’s initial limited access Any request for information about the permit as of the date the initial vessel vessel on the CPH application form re- applies for such permit. fers to the qualifying vessel that has (I) Limited access permit restrictions. A been sunk, destroyed, or transferred. vessel issued a limited access red crab Vessel permit applicants who have permit may not be issued a red crab in- been issued a CPH and who wish to ob- cidental catch permit during the same tain a vessel permit for a replacement fishing year. vessel based upon the previous vessel (J) Confirmation of permit history history may do so pursuant to para- (CPH). Notwithstanding any other pro- graph (a)(13)(i)(E) of this section. visions of this part, a person who does (K) Abandonment or voluntary relin- not currently own a fishing vessel, but quishment of permits. The provisions of who has owned a qualifying vessel that paragraph (a)(1)(i)(K) of this section has sunk, been destroyed, or trans- apply. ferred to another person and has not (L) Restriction on permit splitting. The been replaced, must apply for and re- provisions of paragraph (a)(1)(i)(L) of ceive a CPH that confirms the fishing this section apply. and permit history of such vessel has (ii) Red crab incidental catch permit. A been retained lawfully by the appli- vessel of the United States that is sub- cant. To be eligible to obtain a CPH, ject to these regulations and that has the applicant must show that the not been issued a red crab limited ac- qualifying vessel met the eligibility re- cess permit is eligible for and may be quirements, as applicable, in this part. issued a red crab incidental catch per- Issuance of a valid CPH preserves the mit to catch, possess, transport, land, eligibility of the applicant to apply for sell, trade, barter, up to 500 lb (226.8 kg) a limited access permit for a replace- of red crab, or its equivalent as speci- ment vessel based on the qualifying fied at § 648.263(a)(2)(i) and (ii), per fish- vessel’s fishing and permit history at a ing trip in or from the Red Crab Man- subsequent time, subject to the re- agement Unit. Such vessel is subject to placement provisions specified in this the restrictions in § 648.263(b). section. If fishing privileges have been (14) Skate vessels. Any vessel of the assigned or allocated previously under United States must have been issued

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and have on board a valid skate vessel tion in the FEDERAL REGISTER stating permit to fish for, possess, transport, that the commercial quota for that sell, or land skates in or from the EEZ state or period has been harvested and portion of the Skate Management Unit. that no commercial quota is available (15) Mid-Atlantic forage species. Any for the respective species. A state not commercial fishing vessel of the United receiving an allocation of summer States must have been issued and have flounder, scup, black sea bass, or blue- on board a valid Federal commercial fish, either directly or through a coast- vessel permit issued by GARFO pursu- wide allocation, is deemed to have no ant to this section to fish for, possess, commercial quota available. Owners transport, sell, or land Mid-Atlantic and operators of vessels fishing under forage species in or from the EEZ por- the terms of the tilefish commercial tion of the Mid-Atlantic Forage Spe- permit must agree not to land golden cies Management Unit, as defined at § 648.351(b). A vessel that fishes for such tilefish or blueline tilefish after NMFS species exclusively in state waters is has published a notification in the FED- not required to be issued a Federal per- ERAL REGISTER stating that the respec- mit. tive quota for the golden tilefish inci- (b) Permit conditions. (1)(i) Any person dental fishery and/or the commercial who applies for and is issued or renews blueline tilefish fishery has been har- a fishing permit under this section vested, as described in § 648.295, unless agrees, as a condition of the permit, landing golden tilefish authorized that the vessel and the vessel’s fishing under a golden tilefish IFQ allocation activity, catch, and pertinent gear permit. Owners or operators fishing for (without regard to whether such fish- surfclams and ocean quahogs within ing occurs in the EEZ or landward of waters under the jurisdiction of any the EEZ; and without regard to where state that requires cage tags are not such fish or gear are possessed, taken, subject to any conflicting Federal min- or landed); are subject to all require- imum size or tagging requirements. If a ments of this part, unless exempted surfclam and ocean quahog require- from such requirements under this ment of this part differs from a part. All such fishing activities, catch, surfclam and ocean quahog manage- and gear will remain subject to all ap- ment measure required by a state that plicable state requirements. Except as does not require cage tagging, any ves- otherwise provided in this part, if a re- sel owners or operators permitted to quirement of this part and a manage- fish in the EEZ for surfclams and ocean ment measure required by a state or quahogs must comply with the more local law differ, any vessel owner per- mitted to fish in the EEZ for any spe- restrictive requirement while fishing cies managed under this part, except in state waters. However, surrender of tilefish, must comply with the more re- a surfclam and ocean quahog vessel strictive requirement. Except as other- permit by the owner by certified mail wise provided in this part, if a require- addressed to the Regional Adminis- ment of this part and a management trator allows an individual to comply measure required by a state or local with the less restrictive state min- law differ, any vessel owner permitted imum size requirement, as long as fish- to fish in the tilefish management unit ing is conducted exclusively within for tilefish managed under this part state waters. must comply with the more restrictive (ii) Any person who applies for or has requirement. Owners and operators of been issued a limited access or morato- vessels fishing under the terms of a rium permit on or after September 4, summer flounder moratorium, scup 2007 agrees, as a condition of the per- moratorium, or black sea bass morato- mit, that the vessel may not fish for, rium; or a spiny dogfish or bluefish catch, possess, or land, in or from Fed- commercial vessel permit, must also eral or state waters, any species of fish agree not to land summer flounder, authorized by the permit, unless and scup, black sea bass, spiny dogfish, or until the permit has been issued or re- bluefish, respectively, in any state newed in any subsequent permit year, after NMFS has published a notifica-

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or the permit either has been volun- ber; USCG documentation number and tarily relinquished pursuant to para- a copy of the vessel’s current USCG graph (a)(1)(i)(K) of this section or oth- documentation or, for a vessel not re- erwise forfeited, revoked, or trans- quired to be documented under title 46 ferred from the vessel. U.S.C., the vessel’s state registration (2) A vessel that is issued or renewed number and a copy of the current state a limited access or moratorium permit registration; a copy of the vessel’s cur- on or after September 4, 2007 for any rent party/charter boat license (if ap- fishery governed under this section is plicable); home port and principal port prohibited from fishing for, catching, of landing, length overall, GRT, NT, possessing, and/or landing any fish for engine horsepower, year the vessel was which the vessel would be authorized built, type of construction, type of pro- under the respective limited access or pulsion, approximate fish hold capac- moratorium permit in or from state ity, type of fishing gear used by the and/or Federal waters in any subse- vessel, number of crew, number of quent permit year, unless and until the party or charter passengers licensed to limited access or moratorium permit be carried (if applicable), permit cat- has been issued or renewed pursuant to egory; if the owner is a corporation, a paragraph (a)(1)(i)(B) of this section copy of the current Certificate of In- and the valid permit is on board the corporation or other corporate papers vessel. This prohibition does not apply showing the date of incorporation and to a vessel for which the limited access the names of the current officers of the or moratorium permit has been volun- corporation, and the names and ad- tarily relinquished pursuant to para- dresses of all persons holding any own- graph (a)(1)(i)(K) of this section or oth- ership interest in a NE multispecies erwise forfeited, revoked, or trans- permit or CPH or shareholders owning ferred from the vessel. 25 percent or more of the corporation’s (c) Permit applications—(1) General. shares for other fishery permits; if the Applicants for a permit under this sec- owner is a partnership, a copy of the tion must submit a completed applica- current Partnership Agreement and tion on an appropriate form obtained the names and addresses of all part- from the Regional Administrator. The ners; permit number of any current or, application must be signed and sub- if expired, previous Federal fishery per- mitted to the Regional Administrator mit issued to the vessel. at least 30 days before the date on (A) An application for a private rec- which the applicant desires to have the reational tilefish permit issued under permit made effective. The Regional this section, in addition to the infor- Administrator will notify the applicant mation specified in paragraph (c)(1) of of any deficiency in the application this section, also must contain at least pursuant to this section. Vessel owners the following information, and any who are eligible to apply for limited other information required by the Re- access or moratorium permits under gional Administrator: Vessel name, this part shall provide information owner name or name of the owner’s au- with the application sufficient for the thorized representative; mailing ad- Regional Administrator to determine dress and telephone number; USCG whether the vessel meets the applica- documentation number and a copy of ble eligibility requirements specified in the vessel’s current USCG documenta- this section. tion or, for a vessel not required to be (2) Vessel permit information require- documented under title 46 U.S.C., the ments. (i) An application for a permit vessel’s state registration number and issued under this section, in addition a copy of the current state registra- to the information specified in para- tion. graph (c)(1) of this section, also must (B) [Reserved] contain at least the following informa- (ii) An application for an initial lim- tion, and any other information re- ited access multispecies hook-gear per- quired by the Regional Administrator: mit must also contain the following in- Vessel name, owner name or name of formation: the owner’s authorized representative, (A) If the engine horsepower was mailing address, and telephone num- changed or a contract to change the

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engine horsepower had been entered (iv) An application for a scallop per- into prior to July 1, 1996, such that it mit must also contain the following in- is different from that stated in the ves- formation: sel’s most recent application for a Fed- (A) For every person named by appli- eral fisheries permit before July 1, 1996, cants for limited access scallop permits sufficient documentation to ascertain pursuant to paragraph (c)(2)(i) of this the different engine horsepower. How- section, the names of all other vessels ever, the engine replacement must be in which that person has an ownership completed within 1 year of the date on interest and for which a limited access which the contract was signed. scallop permit has been issued or ap- (B) If the length, GRT, or NT was plied for. changed or a contract to change the (B) If applying for a VMS general scallop permit, or full-time or part- length, GRT, or NT had been entered time limited access scallop permit, or into prior to July 1, 1996, such that it if opting to use a VMS unit, a copy of is different from that stated in the ves- the vendor installation receipt or proof sel’s most recent application for a Fed- of vendor activation of the VMS from a eral fisheries permit, sufficient docu- NMFS-approved VMS vendor. NMFS- mentation to ascertain the different approved vendors are described in length, GRT, or NT. However, the up- § 648.9. grade must be completed within 1 year (C) If applying to fish under the small from the date on which the contract dredge program set forth under was signed. § 648.51(e), an annual declaration into (iii) An application for a limited ac- the program. cess NE multispecies permit must also (v) An application for a surf clam and contain the following information: ocean quahog permit must also contain (A) For vessels fishing for NE multi- the pump horsepower. species with gillnet gear, with the ex- (vi) Prior to issuance of a limited ac- ception of vessels fishing under the cess Atlantic herring permit, a VMS Small Vessel permit category, an an- unit provided by a NMFS-approved nual declaration as either a Day or vendor must be installed and NMFS Trip gillnet vessel designation as de- must receive a notice from the vendor scribed in § 648.82(j). A vessel owner that the VMS is activated. electing a Day gillnet designation must (vii) The owner of a vessel that has indicate the number of gillnet tags been issued a Tier 1 or Tier 2 limited that he/she is requesting, and must in- access Atlantic mackerel must submit clude a check for the cost of the tags, a volumetric fish hold certification unless the vessel already possesses measurement, as described in para- valid gillnet tags, as identified by the graph (a)(5)(iii)(H) of this section, with Regional Administrator. A permit the permit renewal application for the 2013 fishing year. holder letter will be sent to the owner (d) Fees. The Regional Administrator of each eligible gillnet vessel, inform- may charge a fee to recover adminis- ing him/her of the costs associated trative expenses of issuing a permit re- with this tagging requirement and pro- quired under this section. The amount viding directions for obtaining valid of the fee is calculated in accordance tags. Once a vessel owner has elected with the procedures of the NOAA Fi- this designation, he/she may not nance Handbook, available from the change the designation or fish under Regional Administrator, for deter- the other gillnet category for the re- mining administrative costs of each mainder of the fishing year. Incom- special product or service. The fee may plete applications, as described in para- not exceed such costs and is specified graph (e) of this section, will be consid- with each application form. The appro- ered incomplete only for the purposes priate fee must accompany each appli- of obtaining authorization to fish in cation; if it does not, the application the NE multispecies gillnet fishery and will be considered incomplete for pur- otherwise will be processed or issued poses of paragraph (e) of this section. without a gillnet authorization. Any fee paid by an insufficiently fund- (B)—(C) [Reserved] ed commercial instrument shall render

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any permit issued on the basis thereof changes, or the applicant has failed to null and void. report any change in the information (e) Issuance. (1) Except as provided in on the permit application to the Re- subpart D of 15 CFR part 904, the Re- gional Administrator as specified in gional Administrator shall issue a per- paragraph (f) of this section. However, mit within 30 days of receipt of the ap- the Regional Administrator may au- plication, unless the application is thorize the continuation of a permit if deemed incomplete for the following the new owner so requests. Applica- reasons: tions for permit continuations must be (i) The applicant has failed to submit addressed to the Regional Adminis- a complete application. An application trator. is complete when all requested forms, (i) Alteration. Any permit that has information, documentation, and fees, if applicable, have been received and been altered, erased, or mutilated is in- the applicant has submitted all appli- valid. cable reports specified in § 648.7; (j) Reissuance. A permit may be re- (ii) The application was not received issued by the Regional Administrator by the Regional Administrator by the when requested in writing, stating the applicable deadline set forth in this need for reissuance, the name of the section; vessel (if applicable), and the fishing (iii) The applicant and applicant’s permit number assigned. An applica- vessel failed to meet all applicable eli- tion for the reissuance of a permit will gibility requirements set forth in this not be considered a new application. section; The fee for a reissued permit shall be (iv) An applicant for a limited access the same as for an initial permit. multispecies combination vessel or in- (k) Transfer. A permit issued under dividual DAS permit, a limited access this part is not transferable or assign- scallop permit (except an occasional able. A permit will be valid only for the scallop permit), an LAGC scallop per- fishing vessel, owner and/or person for mit, or electing to use a VMS, has which it is issued. failed to meet all of the VMS require- (l) Display. A vessel permit must be ments specified in §§ 648.9 and 648.10; or carried, at all times, on board the ves- (v) The applicant has failed to meet sel for which it is issued and shall be any other application requirements stated in this part. subject to inspection upon request by (2) Incomplete applications. Upon re- any authorized officer. A person issued ceipt of an incomplete or improperly a permit under this section must be executed application for any permit able to present the permit for inspec- under this part, the Regional Adminis- tion when requested by an authorized trator shall notify the applicant of the officer. Permits must be maintained in deficiency in the application. If the ap- legible condition. plicant fails to correct the deficiency (m) Sanctions. The Assistant Admin- within 30 days following the date of no- istrator may suspend, revoke, or mod- tification, the application will be con- ify, any permit issued or sought under sidered abandoned. this section. Procedures governing en- (f) Change in permit information. Any forcement-related permit sanctions or change in the information specified in denials are found at subpart D of 15 paragraphs (c)(2) or (c)(3) of this sec- CFR part 904. tion must be submitted by the appli- (n) Federal grant awards. The Re- cant in writing to the Regional Admin- gional Administrator may suspend, istrator within 15 days of the change, cancel, fail to renew, modify, or other- or the permit is void. wise rescind any Federal fishing vessel (g) Expiration. A permit expires upon permit, issued pursuant to this section, the renewal date specified in the per- including the rights thereto, held by a mit. (h) Duration. A permit will continue person, corporation, non-profit organi- in effect unless it is revoked, sus- zation, or government entity if the pended, or modified under 15 CFR part terms and conditions of any Federal 904, or otherwise expires, or ownership grant award used to obtain said permit,

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or an associated memorandum of un- of this permit that the operator and derstanding or agreement, are violated vessel’s fishing, catch, crew size, and by the grant recipient. pertinent gear (without regard to [61 FR 34968, July 3, 1996] whether such fishing occurs in the EEZ or landward of the EEZ, and without EDITORIAL NOTE: For FEDERAL REGISTER ci- regard to where such fish or gear are tations affecting § 648.4, see the List of CFR Sections Affected, which appears in the possessed, taken, or landed) are subject Finding Aids section of the printed volume to all requirements of this part while and at www.govinfo.gov. fishing in the EEZ or on board a vessel for which a permit is issued under § 648.5 Operator permits. § 648.4, unless exempted from such re- (a) General. Any operator of a vessel quirements under § 648.12. The vessel fishing for or possessing: Atlantic sea and all such fishing, catch, and gear scallops, NE multispecies, spiny will remain subject to all applicable dogfish, monkfish, Atlantic herring, state or local requirements. Further, Atlantic surfclam, ocean quahog, At- such operators must agree, as a condi- lantic mackerel, Illex squid, longfin tion of this permit, that, if the permit squid, butterfish, scup, black sea bass, is suspended or revoked pursuant to 15 or Atlantic bluefish, harvested in or CFR part 904, the operator cannot be from the EEZ; golden tilefish or aboard any fishing vessel issued a Fed- blueline tilefish harvested in or from eral fisheries permit or any vessel sub- the EEZ portion of the Tilefish Man- ject to Federal fishing regulations agement Unit; skates harvested in or while the vessel is at sea or engaged in from the EEZ portion of the Skate offloading. If a requirement of this part Management Unit; Atlantic deep-sea and a management measure required red crab harvested in or from the EEZ by state or local law differ, any oper- portion of the Red Crab Management ator issued a permit under this part Unit; Mid-Atlantic forage species har- must comply with the more restrictive vested in the Mid-Atlantic Forage Spe- requirement. cies Management Unit; or Atlantic (d) Information requirements. An appli- chub mackerel harvested in or from the cant must provide at least all the fol- EEZ portion of the Atlantic Chub lowing information and any other in- Mackerel Management Unit that is formation required by the Regional Ad- issued a permit, including carrier and ministrator: Name, mailing address, processing permits, for these species and telephone number; date of birth; under this part must have been issued hair color; eye color; height; weight; under this section, and carry on board, and signature of the applicant. The ap- a valid operator permit. An operator’s plicant must also provide two recent permit issued pursuant to part 622 or (no more than 1 year old), color, pass- part 697 of this chapter satisfies the port-size photographs. permitting requirement of this section. This requirement does not apply to op- (e) Fees. Same as § 648.4(d). erators of recreational vessels. (f) Issuance. Except as provided in (b) Operator permit application. Appli- subpart D of 15 CFR part 904, the Re- cants for a permit under this section gional Administrator shall issue an op- must submit a completed application erator’s permit within 30 days of re- on an appropriate form provided by the ceipt of a completed application, if the Regional Administrator. The applica- criteria specified herein are met. Upon tion must be signed by the applicant receipt of an incomplete or improperly and submitted to the Regional Admin- executed application, the Regional Ad- istrator at least 30 days before the date ministrator will notify the applicant of upon which the applicant desires to the deficiency in the application. If the have the permit made effective. The applicant fails to correct the deficiency Regional Administrator will notify the within 30 days following the date of no- applicant of any deficiency in the ap- tification, the application will be con- plication, pursuant to this section. sidered abandoned. (c) Condition. Vessel operators who (g) Expiration. Same as § 648.4(g). apply for an operator’s permit under (h) Duration. A permit is valid until this section must agree as a condition it is revoked, suspended or modified

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under 15 CFR part 904, or otherwise ex- § 648.6 Dealer/processor permits. pires, or the applicant has failed to re- port a change in the information on (a) General. (1) All dealers of NE the permit application to the Regional multispecies, monkfish, skates, Atlan- Administrator as specified in para- tic herring, Atlantic sea scallop, Atlan- graph (k) of this section. tic deep-sea red crab, spiny dogfish, (i) Reissuance. Reissued permits, for summer flounder, Atlantic surfclam, otherwise valid permits, may be issued ocean quahog, Atlantic mackerel, Illex by the Regional Administrator when squid, longfin squid, butterfish, scup, requested in writing by the applicant, bluefish, golden tilefish, blueline stating the need for reissuance and the tilefish, and black sea bass; Atlantic Federal operator permit number as- surfclam and ocean quahog processors; signed. An applicant for a reissued per- Atlantic hagfish dealers and/or proc- mit must also provide two recent, essors, and Atlantic herring processors color, passport-size photos of the appli- or dealers, as described in § 648.2; must cant. An application for a reissued per- have been issued under this section, mit will not be considered a new appli- and have in their possession, a valid cation. An appropriate fee may be permit or permits for these species. A charged. dealer of Atlantic chub mackerel must (j) Transfer. Permits issued under this have been issued and have in their pos- part are not transferable or assignable. session, a valid dealer permit for At- A permit is valid only for the person to lantic mackerel, Illex squid, longfin whom it is issued. squid, or butterfish in accordance with (k) Change in permit application infor- this paragraph. A dealer of Mid-Atlan- mation. Notice of a change in the per- tic forage species must have been mit holder’s name, address, or tele- issued and have in their possession, a phone number must be submitted in valid dealer permit for any species writing to, and received by, the Re- issued in accordance with this para- gional Administrator within 15 days of graph. the change in information. If written (2) At-sea processors—(i) At-sea mack- notice of the change in information is erel processors. Notwithstanding the not received by the Regional Adminis- provisions of § 648.4(a)(5), any vessel of trator within 15 days, the permit is the United States must have been void. issued and carry on board a valid at-sea (l) Alteration. Same as § 648.4(i). processor permit issued under this sec- (m) Display. Any permit issued under tion to receive over the side, possess, this part must be maintained in legible and process Atlantic mackerel har- condition and displayed for inspection vested in or from the EEZ by a lawfully upon request by any authorized officer permitted vessel of the United States. or NMFS official. (ii) Atlantic herring at-sea processing (n) Sanctions. Vessel operators with permit. A vessel of the United States, suspended or revoked permits may not including a vessel that is >165 ft (50.3 be aboard a federally permitted fishing m) length overall, or >750 GRT (680.4 vessel in any capacity while the vessel mt), is eligible to obtain an Atlantic is at sea or engaged in offloading. Pro- herring at-sea processing permit to re- cedures governing enforcement related ceive and process Atlantic herring sub- permit sanctions and denials are found ject to the U.S. at-sea processing at subpart D of 15 CFR part 904. (USAP) allocation published by the Re- (o) Vessel owner responsibility. Vessel gional Administrator pursuant to owners are responsible for ensuring § 648.200. Such a vessel may not receive that their vessels are operated by an and process Atlantic herring caught in individual with a valid operator’s per- or from the EEZ unless the vessel has mit issued under this section. been issued and has on board an Atlan- [61 FR 34968, July 3, 1996] tic herring at-sea processing permit. (iii) Reporting requirements. An at-sea EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 648.5, see the List of CFR processor receiving Atlantic mackerel Sections Affected, which appears in the or Atlantic herring is subject to dealer Finding Aids section of the printed volume reporting requirements specified in and at www.govinfo.gov. § 648.7(a).

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(b) Dealer/processor permit applications. stating the need for reissuance and the Same as § 648.5(b). Federal dealer permit number as- (c) Information requirements. Applica- signed. An application for a reissued tions must contain at least the fol- permit will not be considered a new ap- lowing information, as applicable, and plication. An appropriate fee may be any other information required by the charged. Regional Administrator: Company (i) Transfer. Permits issued under this name, place(s) of business (principal part are not transferable or assignable. place of business if applying for a A permit is valid only for the person to surfclam and ocean quahog permit), whom, or other business entity to mailing address(es) and telephone num- which, it is issued. ber(s), owner’s name, dealer permit (j) Change in application information. number (if a renewal), name and signa- Same as § 648.5(k). ture of the person responsible for the (k) Alteration. Same as § 648.4(i). truth and accuracy of the application, (l) Display. Same as § 648.5(m). a copy of the certificate of incorpora- (m) Federal versus state requirements. tion if the business is a corporation, If a requirement of this part differs and a copy of the partnership agree- from a fisheries management measure ment and the names and addresses of required by state law, any dealer issued all partners, if the business is a part- a Federal dealer permit must comply nership, name of at-sea processor ves- with the more restrictive requirement. sel, and current vessel documentation (n) Sanctions. Same as § 648.4(m). papers. [61 FR 34968, July 3, 1996] (d) Fees. Same as § 648.4(d). EDITORIAL NOTE: For FEDERAL REGISTER ci- (e) Issuance. Except as provided in tations affecting § 648.6, see the List of CFR subpart D of 15 CFR part 904, the Re- Sections Affected, which appears in the gional Administrator will issue a per- Finding Aids section of the printed volume mit at any time during the fishing year and at www.govinfo.gov. to an applicant, unless the applicant fails to submit a completed applica- § 648.7 Recordkeeping and reporting tion. An application is complete when requirements. all requested forms, information, and (a) Dealers. (1) Federally permitted documentation have been received and dealers, and any individual acting in the applicant has submitted all appli- the capacity of a dealer, must submit cable reports specified in § 648.7 during to the Regional Administrator or to the 12 months immediately preceding the official designee a detailed report the application. Upon receipt of an in- of all fish purchased or received for a complete or improperly executed appli- commercial purpose, other than solely cation, the Regional Administrator for transport on land, within the time will notify the applicant of the defi- period specified in paragraph (f) of this ciency in the application. If the appli- section, by one of the available elec- cant fails to correct the deficiency tronic reporting mechanisms approved within 30 days following the date of no- by NMFS, unless otherwise directed by tification, the application will be con- the Regional Administrator. The fol- sidered abandoned. lowing information, and any other in- (f) Expiration. Same as § 648.4(g). formation required by the Regional Ad- (g) Duration. A permit is valid until ministrator, must be provided in each it is revoked, suspended, or modified report: under 15 CFR part 904, or otherwise ex- (i) Required information. All dealers pires, or ownership changes, or the ap- issued a dealer permit under this part plicant has failed to report any change must provide: Dealer name; dealer per- in the information on the permit appli- mit number; name and permit number cation to the Regional Administrator or name and hull number (USCG docu- as required by paragraph (j) of this sec- mentation number or state registra- tion. tion number, whichever is applicable) (h) Reissuance. Reissued permits, for of vessel(s) from which fish are pur- otherwise valid permits, may be issued chased or received; trip identifier for by the Regional Administrator when each trip from which fish are purchased requested in writing by the applicant, or received from a commercial fishing

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vessel permitted under this part; (3) Annual report. All persons issued a date(s) of purchases and receipts; units permit under this part are required to of measure and amount by species (by submit the following information on an market category, if applicable); price annual basis, on forms supplied by the per unit by species (by market cat- Regional Administrator: egory, if applicable) or total value by (i) All dealers and processors issued a species (by market category, if applica- permit under this part must complete ble); port landed; cage tag numbers for all sections of the Annual Processed surfclams and ocean quahogs, if appli- Products Report for all species that cable; disposition of the prod- were processed during the previous uct; and any other information deemed year. Reports must be submitted to the necessary by the Regional Adminis- address supplied by the Regional Ad- trator. If no fish are purchased or re- ministrator. ceived during a reporting week, a re- (ii) Surfclam and ocean quahog proc- port so stating must be submitted. essors and dealers whose plant proc- (ii) Exceptions. The following excep- essing capacities change more than 10 tions apply to reporting requirements percent during any year shall notify for dealers permitted under this part: the Regional Administrator in writing (A) Inshore Exempted Species, as de- within 10 days after the change. fined in § 648.2, are not required to be (iii) Atlantic herring processors, in- reported under this part; cluding processing vessels, must com- (B) When purchasing or receiving fish plete and submit all sections of the An- from a vessel landing in a port located nual Processed Products Report. outside of the Greater Atlantic Region (iv) Atlantic hagfish processors must (Maine, New Hampshire, Massachu- complete and submit all sections of the setts, Connecticut, Rhode Island, New Annual Processed Products Report. York, New Jersey, Pennsylvania, (4) [Reserved] Maryland, Delaware, Virginia and (b) Vessel owners or operators—(1) Fish- North Carolina), only purchases or re- ceipts of species managed by the Great- ing Vessel Trip Reports—(i) General. If er Atlantic Region under this part, and authorized in writing by the Regional American lobster, managed under part Administrator, a vessel owner or oper- 697 of this chapter, must be reported. ator may submit reports electroni- Other reporting requirements may cally, for example by using a VMS or apply to those species not managed by other media. Except for vessel owners the Northeast Region, which are not or operators fishing under a surfclam affected by this provision; and or ocean quahog permit, or fishing (C) Dealers issued a permit for Atlan- under a private recreational tilefish tic bluefin tuna under part 635 of this permit, the owner or operator of any chapter are not required to report their vessel issued a valid permit or eligible purchases or receipts of Atlantic to renew a limited access permit under bluefin tuna under this part. Other re- this part must: porting requirements, as specified in (A) Maintain on board the vessel, and § 635.5 of this chapter, apply to the re- submit, an accurate fishing log report ceipt of Atlantic bluefin tuna. for each fishing trip, regardless of spe- (2) System requirements. All persons cies fished for or taken, on forms sup- required to submit reports under para- plied by or approved by the Regional graph (a)(1) of this section are required Administrator. to have the capability to transmit data (B) If authorized in writing by the via the Internet. To ensure compat- Regional Administrator, a vessel owner ibility with the reporting system and or operator may submit reports elec- database, dealers are required to utilize tronically, for example by using a VMS a personal computer, in working condi- or other media. tion, that meets the minimum speci- (C) At least the following informa- fications identified by NMFS. The af- tion and any other information re- fected public will be notified of the quired by the Regional Administrator minimum specifications via a letter to must be provided: all Federal dealer permit holders. (1) Vessel name;

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(2) USCG documentation number (or (iii) Charter/Party vessel permit owners state registration number, if undocu- and operators. The owner or operator of mented); any fishing vessel that holds a Federal (3) Permit number; charter/party (for-hire) permit to fish (4) Date/time sailed; for Atlantic bluefish, black sea bass, (5) Date/time landed; scup, summer flounder, tilefish, Atlan- (6) Trip type; tic mackerel, squid, and/or butterfish, (7) Number of crew; when on a trip carrying passengers for (8) Number of anglers (if a charter or hire, must submit the required Vessel party boat); Trip Report by electronic means. This (9) Gear fished; report must be submitted through a (10) Quantity and size of gear; software application approved by (11) Mesh/ring size; NMFS and must contain all applicable (12) Chart area fished; information outlined in paragraph (13) Average depth; (b)(1)(i)(C) of this section. (14) Latitude/longitude (or loran sta- (iv) Private tilefish recreational vessel tion and bearings); owners and operators. The owner or op- (15) Total hauls per area fished; erator of any fishing vessel that holds (16) Average tow time duration; a Federal private recreational tilefish (17) Hail weight, in pounds (or count permit, must report for each rec- of individual fish, if a party or charter reational trip fishing for or retaining vessel), by species, of all species, or blueline or golden tilefish in the parts of species, such as monkfish liv- Tilefish Management Unit. The re- ers, landed or discarded; and, quired Vessel Trip Report must be sub- (18) In the case of skate discards, mitted by electronic means. This re- ‘‘small’’ (i.e., less than 23 inches (58.42 port must be submitted through a cm), total length) or ‘‘large’’ (i.e., 23 NMFS-approved electronic reporting inches (58.42 cm) or greater, total system within 24 hours of the trip re- length) skates; turning to port. The vessel operator (19) Dealer permit number; may keep paper records while onboard (20) Dealer name; and upload the data after landing. The (21) Date sold, port and state landed; report must contain the following in- and formation: (22) Vessel operator’s name, signa- (A) Vessel name; ture, and operator’s permit number (if (B) USCG documentation number (or applicable). state registration number, if undocu- (ii) Surfclam and ocean quahog vessel mented); owners and operators. The owner or op- (C) Permit number; erator of any vessel conducting any (D) Date/time sailed; surfclam and ocean quahog fishing op- (E) Date/time landed; erations, except those conducted exclu- (F) Trip type; sively in waters of a state that requires (G) Number of anglers; cage tags or when he/she has surren- (H) Species dered the surfclam and ocean quahog (I) Gear fished; fishing vessel permit, shall maintain, (J) Quantity and size of gear; on board the vessel, an accurate daily (K) Soak time; fishing log for each fishing trip, on (L) Depth; forms supplied by the Regional Admin- (M) Chart Area; istrator, showing at least: Name and (N) Latitude/longitude where fishing permit number of the vessel, total occurred; amount in bushels of each species (O) Count of individual golden and taken, date(s) caught, time at sea, du- blueline tilefish landed or discarded; ration of fishing time, locality fished, and crew size, crew share by percentage, (P) Port and state landed. landing port, date sold, price per bush- (2) IVR system reports—(i) Atlantic her- el, buyer, tag numbers from cages used, ring vessel owners or operators issued a quantity of surfclams and ocean qua- Category D Herring Permit. The owner or hogs discarded, and allocation permit operator of a vessel issued a Category number. D Herring Permit to fish for herring

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must report catch (retained and dis- hr intervals for each day and must be carded) of herring via an IVR system submitted by 0900 hr (9:00 a.m.) of the for each week herring was caught, un- following day. Reports are required less exempted by the Regional Admin- even if herring caught that day has not istrator. IVR reports are not required yet been landed. This report does not for weeks when no herring was caught. exempt the owner or operator from The report shall include at least the other applicable reporting require- following information, and any other ments of this section. information required by the Regional (A) The owner or operator of any ves- Administrator: Vessel identification; sel issued a limited access herring per- week in which herring are caught; mit (i.e., Category A, B, or C) or a Cat- management areas fished; and pounds egory E Herring Permit must submit a retained and pounds discarded of her- catch report via VMS each day, regard- ring caught in each management area. less of how much herring is caught (in- The IVR reporting week begins on Sun- cluding days when no herring is day at 0001 hour (hr) (12:01 a.m.) local caught), unless exempted from this re- time and ends Saturday at 2400 hr (12 quirement by the Regional Adminis- midnight). Weekly Atlantic herring trator. catch reports must be submitted via (B) Atlantic herring VMS reports are the IVR system by midnight each not required from Atlantic herring car- Tuesday, eastern time, for the previous rier vessels. week. Reports are required even if her- (C) Reporting requirements for vessels ring caught during the week has not transferring herring at sea. The owner or yet been landed. This report does not operator of a vessel issued a limited ac- exempt the owner or operator from cess permit to fish for herring that other applicable reporting require- transfers herring at sea must comply ments of this section. with these requirements in addition to (ii) [Reserved] those specified at § 648.13(f). (3) VMS Catch Reports—(i) Atlantic (1) A vessel that transfers herring at herring owners or operators issued a lim- sea to a vessel that receives it for per- ited access permit or Category E Herring sonal use as bait must report all trans- Permit. The owner or operator of a ves- fers on the Fishing Vessel Trip Report. sel issued a limited access permit (i.e., (2) A vessel that transfers herring at Category A, B, or C) or Category E Her- sea to an authorized carrier vessel ring Permit to fish for herring must re- must report all catch daily via VMS port catch (retained and discarded) of and must report all transfers on the herring daily via VMS, unless exempt- Fishing Vessel Trip Report. Each time ed by the Regional Administrator. The the vessel transfers catch to the carrier report shall include at least the fol- vessel is defined as a trip for the pur- lowing information, and any other in- poses of reporting requirements and formation required by the Regional Ad- possession allowances. ministrator: Fishing Vessel Trip Re- (3) A vessel that transfers herring at port serial number; month and day her- sea to an at-sea processor must report ring was caught; pounds retained for all catch daily via VMS and must re- each herring management area; and port all transfers on the Fishing Vessel pounds discarded for each herring man- Trip Report. Each time the vessel agement area. Additionally, the owner offloads to the at-sea processing vessel or operator of a vessel issued a limited is defined as a trip for the purposes of access permit or Category E Herring the reporting requirements and posses- Permit to fish for herring using sion allowances. For each trip, the ves- midwater trawl or bottom trawl gear sel must submit a Fishing Vessel Trip must report daily via VMS the esti- Report and the at-sea processing vessel mated total amount of all species re- must submit the detailed dealer report tained (in pounds, landed weight) by specified in paragraph (a)(1) of this sec- statistical area for use in tracking tion. catch against catch caps (haddock, (4) A transfer between two vessels river herring and shad) in the herring issued limited access permits requires fishery. Daily Atlantic herring VMS each vessel to submit a Fishing Vessel catch reports must be submitted in 24- Trip Report, filled out as required by

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the LOA to transfer herring at sea, and tering port includes dealer name, deal- a daily VMS catch report for the er permit number, and date sold. Log amount of herring each vessel catches. reports must be completed as soon as (ii) Atlantic mackerel owners or opera- the information becomes available. tors. The owner or operator of a vessel Log reports required by paragraph issued a limited access Atlantic mack- (b)(1)(ii) of this section must be filled erel permit must report catch (retained out before landing any surfclams or and discarded) of Atlantic mackerel ocean quahogs. daily via VMS, unless exempted by the (d) Inspection. Upon the request of an Regional Administrator. The report authorized officer or an employee of must include at least the following in- NMFS designated by the Regional Ad- formation, and any other information ministrator to make such inspections, required by the Regional Adminis- all persons required to submit reports trator: Fishing Vessel Trip Report se- under this part must make imme- rial number; month, day, and year At- diately available for inspection copies lantic mackerel was caught; total of reports, and all records upon which pounds of Atlantic mackerel retained those reports are or will be based, that and total pounds of all fish retained. are required to be submitted or kept Daily Atlantic mackerel VMS catch re- under this part. ports must be submitted in 24-hr inter- (e) Record retention—(1) Dealer records. vals for each day and must be sub- Any record, as defined in § 648.2, related mitted by 0900 hr on the following day. to fish possessed, received, or pur- Reports are required even if Atlantic chased by a dealer that is required to mackerel caught that day have not yet be reported, must be retained and made been landed. This report does not ex- available for immediate review for a empt the owner or operator from other total of 3 years after the date the fish applicable reporting requirements of were first possessed, received, or pur- this section. chased. Dealers must retain the re- (iii) Longfin squid moratorium permit quired records and reports at their owners or operators. The owner or oper- principal place of business. ator of a vessel issued a longfin squid (2) VTRs. Copies of fishing log reports moratorium permit must report catch must be kept on board the vessel and (retained and discarded) of longfin available for review for at least 1 year, squid daily via VMS, unless exempted and must be retained for a total of 3 by the Regional Administrator. The re- years after the date the fish were last port must include at least the fol- possessed, landed, and sold. lowing information, and any other in- (3) At-sea monitor reports. Any record, formation required by the Regional Ad- as defined in § 648.2, related to fish ob- ministrator: Fishing Vessel Trip Re- served by an at-sea monitor, including port serial number; month, day, and any reports provided to NMFS, sector year longfin squid was caught; total managers, or another third-party serv- pounds longfin squid retained and total ice provider specified in paragraph (h) pounds of all fish retained. Daily of this section, must be retained and longfin squid VMS catch reports must made available for immediate review be submitted in 24-hr intervals for each for a total of 3 years after the date the day and must be submitted by 0900 hr fish were first observed. At-sea monitor on the following day. Reports are re- providers must retain the required quired even if longfin squid caught that records and reports at their principal day have not yet been landed. This re- place of business. port does not exempt the owner or op- (f) Submitting reports—(1) Dealer or erator from other applicable reporting processor reports. (i) Detailed reports re- requirements of this section. quired by paragraph (a)(1)(i) of this sec- (c) When to fill out a log report. Log re- tion must be received by midnight of ports required by paragraph (b)(1)(i) of the first Tuesday following the end of this section must be filled out with all the reporting week. If no fish are pur- required information, except for infor- chased or received during a reporting mation not yet ascertainable, prior to week, the report so stating required entering port. Information that may be under paragraph (a)(1)(i) of this section considered unascertainable prior to en- must be received by midnight of the

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first Tuesday following the end of the of the reporting week. For the purposes reporting week. of this paragraph (f)(2)(i), the date (ii) [Reserved] when fish are offloaded will establish (iii) Dealers who want to make cor- the reporting week or month the VTR rections to their trip-level reports via must be submitted to NMFS, as appro- the electronic editing features may do priate. so for up to 3 business days following (ii) Surfclam and ocean quahog log submission of the initial report. If a reports, required by paragraph (b)(1)(ii) correction is needed more than 3 busi- of this section, must be postmarked or ness days following the submission of received within 3 days after the end of the initial trip-level report, the dealer each reporting week. must contact NMFS directly to request (iii) Charter/Party vessel electronic an extension of time to make the cor- log reports, required by paragraph rection. (b)(1)(iii) of this section, must be sub- (iv) Through April 30, 2005, to accom- mitted within 48 hours after entering modate the potential lag in avail- port at the conclusion of a trip. ability of some required data, the trip (iv) Private recreational tilefish elec- identifier, price and disposition infor- tronic log reports, required by para- mation required under paragraph (a)(1) graph (b)(1)(iv) of this section, must be may be submitted after the detailed submitted within 24 hours after enter- weekly report, but must be received ing port at the conclusion of a trip. within 16 days of the end of the report- (3) At-sea purchasers and processors. ing week or the end of the calendar With the exception of the owner or op- month, whichever is later. Dealers will erator of an Atlantic herring carrier be able to access and update previously vessel, the owner or operator of an at- submitted trip identifier, price, and sea purchaser or processor that pur- disposition data. chases or processes any Atlantic her- (v) Effective May 1, 2005, the trip ring, Atlantic mackerel, squid, identifier required under paragraph butterfish, scup, or black sea bass at (a)(1) of this section must be submitted sea must submit information identical with the detailed report, as required to that required by paragraph (a)(1) of under paragraphs (f)(1)(i) of this sec- this section and provide those reports tion. Price and disposition information to the Regional Administrator or des- may be submitted after the initial de- ignee by the same mechanism and on tailed report, but must be received the same frequency basis. within 16 days of the end of the report- (g) Additional data and sampling. Fed- ing week. erally permitted dealers must allow ac- (vi) Annual reports for a calendar cess to their premises and make avail- year must be postmarked or received able to an official designee of the Re- by February 10 of the following year. gional Administrator any fish pur- Contact the Regional Administrator chased from vessels for the collection (see Table 1 to § 600.502) for the address of biological data. Such data include, of NMFS Statistics. but are not limited to, length measure- (2) Fishing vessel log reports. (i) For ments of fish and the collection of age any vessel not issued a NE multispe- structures such as otoliths or scales. cies; Atlantic herring permit; or any (h) At-sea monitor/electronic monitoring Atlantic mackerel, longfin squid, Illex reports. Any at-sea monitor assigned to squid, or butterfish permit; fishing ves- observe a sector trip and any third- sel log reports, required by paragraph party service provider analyzing data (b)(1)(i) of this section, must be post- from electronic monitoring equipment marked or received by NMFS within 15 deployed on a sector trip must submit days after the end of the reporting reports on catch, discard, and other month. For any vessel issued a NE data elements specified by the Re- multispecies permit; Atlantic herring gional Administrator to NMFS, the permit; or any Atlantic mackerel, sector manager, and monitoring con- longfin squid, Illex squid, or butterfish tractor, as instructed by the Regional permit; fishing vessel log reports must Administrator. be postmarked or received by midnight of the first Tuesday following the end [61 FR 34968, July 3, 1996]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- or ocean quahog vessels licensed under tations affecting § 648.7, see the List of CFR New Jersey law may use the appro- Sections Affected, which appears in the priate vessel identification markings Finding Aids section of the printed volume established by that state. and at www.govinfo.gov. (f) Private Recreational Tilefish Vessels. § 648.8 Vessel identification. Vessels issued only a Federal private recreational tilefish permit are not (a) Vessel name and official number. subject to the requirements of § 648.8, Each fishing vessel subject to this part but must comply with any other appli- and over 25 ft (7.6 m) in registered cable state or Federal vessel identifica- length must: tion requirements. (1) Affix permanently its name on the port and starboard sides of the bow [61 FR 34968, July 3, 1996, as amended at 76 and, if possible, on its stern. FR 60649, Sept. 29, 2011; 85 FR 43152, July 15, (2) Display its official number on the 2020] port and starboard sides of the deck- § 648.9 VMS vendor and unit require- house or hull, and on an appropriate ments. weather deck so as to be clearly visible from enforcement vessels and aircraft. (a) Approval. The type-approval re- The official number is the USCG docu- quirements for VMS MTUs and MCSPs mentation number or the vessel’s state for the Greater Atlantic Region are registration number for vessels not re- those as published by the NMFS Office quired to be documented under title 46 of Law Enforcement (OLE) in the FED- U.S.C. ERAL REGISTER, and are available upon (b) Numerals. Except as provided in request. Both the national type-ap- paragraph (d) of this section, the offi- proval requirements at 50 CFR part 600, cial number must be displayed in block subpart Q and any established regional arabic numerals in contrasting color at standards must be met in order to re- least 18 inches (45.7 cm) in height for ceive approval for use in the Greater fishing vessels over 65 ft (19.8 m) in reg- Atlantic Region. The NMFS OLE Di- istered length, and at least 10 inches rector shall approve all MTUs, MCSPs, (25.4 cm) in height for all other vessels and bundles including those operating over 25 ft (7.6 m) in registered length. in the Greater Atlantic Region. The registered length of a vessel, for (b) Maintenance. Once approved, VMS purposes of this section, is that reg- units must maintain the minimum istered length set forth in USCG or standards for which they were ap- state records. proved in the type approval require- (c) Duties of owner. The owner of each ments. Any changes made to the origi- vessel subject to this part shall ensure nal submission for approval of an MTU that— or MCSP by NMFS must follow the (1) The vessel’s name and official procedures outlined in the type ap- number are kept clearly legible and in proval requirements. good repair. (c) Notification. A list of approved (2) No part of the vessel, its rigging, VMS vendors will be published on the its fishing gear, or any other object ob- Northeast Regional Office Web site and structs the view of the official number in each proposed and final rule for im- from any enforcement vessel or air- plementing or modifying VMS require- craft. ments for specific fisheries. (d) Non-permanent marking. Vessels (d) Revocations. Revocation proce- carrying recreational fishing parties on dures for type-approvals are at 50 CFR a per capita basis or by charter must 600.1514. In the event of a revocation, use markings that meet the above re- NMFS will provide information to af- quirements, except for the requirement fected vessel owners as explained at 50 that they be affixed permanently to CFR 600.1516. In these instances, vessel the vessel. The non-permanent mark- owners may be eligible for the reim- ings must be displayed in conformity bursement of the cost of a new type-ap- with the above requirements. proved EMTU should funding for reim- (e) New Jersey surfclam or ocean qua- bursement be available. hog vessels. Instead of complying with [74 FR 20530, May 4, 2009, as amended at 79 paragraph (a) of this section, surfclam FR 77410, Dec. 24, 2014]

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§ 648.10 VMS and DAS requirements straight lines connecting the following for vessel owners/operators. coordinates in the order stated (a copy of a map showing the line is available (a) VMS Demarcation Line. The VMS from the Regional Administrator upon Demarcation Line is defined by request):

VMS DEMARCATION LINE

Description N. lat. W. long.

1. Northern terminus point (Canada landmass) ...... 45°03′ 66°47′ 2. A point east of ...... 44°48.9′ 66°56.1′ 3. A point east of Little River Light ...... 44°39.0′ 67°10.5′ 4. Whistle Buoy ‘‘8BI’’ (SSE of Baker Island) ...... 44°13.6′ 68°10.8′ 5. Isle au Haut Light ...... 44°03.9′ 68°39.1′ 6. A point south of Monhegan Island ...... 43°43.3′ 69°18.6′ 7. Pemaquid Point Light ...... 43°50.2′ 69°30.4′ 8. A point west of Halfway Rock ...... 43°38.0′ 70°05.0′ 9. A point east of ...... 43°09.9′ 70°34.5′ 10. Merrimack River Entrance ‘‘MR’’ Whistle Buoy ...... 42°48.6′ 70°47.1′ 11. Halibut Point Gong Buoy ‘‘1AHP’’ ...... 42°42.0′ 70°37.5′ 12. Connecting reference point ...... 42°40′ 70°30′ 13. Whistle Buoy ‘‘2’’ off Eastern Point ...... 42°34.3′ 70°39.8′ 14. The Graves Light (Boston) ...... 42°21.9′ 70°52.2′ 15. Minots Ledge Light ...... 42°16.2′ 70°45.6′ 16. Farnham Rock Lighted Bell Buoy ...... 42°05.6′ 70°36.5′ 17. Cape Cod Canal Bell Buoy ‘‘CC’’ ...... 41°48.9′ 70°27.7′ 18. A point inside Cape Cod Bay ...... 41°48.9′ 70°05′ 19. Race Point Lighted Bell Buoy ‘‘RP’’ ...... 42°04.9′ 70°16.8′ 20. Peaked Hill Bar Whistle Buoy ‘‘2PH’’ ...... 42°07.0′ 70°06.2′ 21. Connecting point, off Nauset Light ...... 41°50′ 69°53′ 22. A point south of Chatham ‘‘C’’ Whistle Buoy ...... 41°38′ 69°55.2′ 22. A point in eastern Vineyard Sound ...... 41°30′ 70°33′ 24. A point east of Martha’s Vineyard ...... 41°22.2′ 70°24.6′ 25. A point east of Great Pt. Light, Nantucket ...... 41°23.4′ 69°57′ 26. A point SE of Sankaty Head, Nantucket ...... 41°13′ 69°57′ 27. A point west of Nantucket ...... 41°15.6′ 70°25.2′ 28. Squibnocket Lighted Bell Buoy ‘‘1’’ ...... 41°15.7′ 70°46.3′ 29. Wilbur Point (on Sconticut Neck) ...... 41°35.2′ 70°51.2′ 30. Mishaum Point (on Smith Neck) ...... 41°31.0′ 70°57.2′ 31. Sakonnet Entrance Lighted Whistle Buoy ‘‘SR’’ ...... 41°25.7′ 71°13.4′ 32. Point Judith Lighted Whistle Buoy ‘‘2’’ ...... 41°19.3′ 71°28.6′ 33. A point off Block Island Southeast Light ...... 41°08.2′ 71°32.1′ 34. Shinnecock Inlet Lighted Whistle Buoy ‘‘SH’’ ...... 40°49.0′ 72°28.6′ 35. Scotland Horn Buoy ‘‘S’’, off Sandy Hook (NJ) ...... 40°26.5′ 73°55.0′ 36. Barnegat Lighted Gong Buoy ‘‘2’’ ...... 39°45.5′ 73°59.5′ 37. A point east of Atlantic City Light ...... 39°21.9′ 74°22.7′ 38. A point east of Hereford Inlet Light ...... 39°00.4′ 74°46′ 39. A point east of Cape Henlopen Light ...... 38°47′ 75°04′ 40. A point east of Fenwick Island Light ...... 38°27.1′ 75°02′ 41. A point NE of Assateague Island (VA) ...... 38°00′ 75°13′ 42. Wachapreague Inlet Lighted Whistle Buoy ‘‘A’’ ...... 37°35.0′ 75°33.7′ 43. A point NE of Cape Henry ...... 36°55.6′ 75°58.5′ 44. A point east of Currituck Beach Light ...... 36°22.6′ 75°48′ 45. Oregon Inlet (NC) Whistle Buoy ...... 35°48.5′ 75°30′ 46. Wimble Shoals, east of Chicamacomico ...... 35°36′ 75°26′ 47. A point SE of Cape Hatteras Light ...... 35°12.5′ 75°30′ 48. Hatteras Inlet Entrance Buoy ‘‘HI’’ ...... 35°10′ 75°46′ 49. Ocracoke Inlet Whistle Buoy ‘‘OC’’ ...... 35°01.5′ 76°00.5′ 50. A point east of Cape Lookout Light ...... 34°36.5′ 76°30′ 51. Southern terminus point ...... 34°35′ 76°41′

(b) Vessels required to use VMS. The (1) A scallop vessel issued a Full-time following vessels must have installed or Part-time limited access scallop per- on board an operational VMS unit that mit, or an LAGC scallop permit; meets the minimum performance cri- (2) A scallop vessel issued an Occa- teria specified in, or as modified pursu- sional limited access permit when fish- ant to § 648.9(a): ing under the Sea Scallop Area Access Program specified under § 648.59;

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(3) A vessel issued a limited access (ii) At least twice per hour, 24 hr a monkfish, Occasional scallop, or Com- day, throughout the year, for vessels bination permit, whose owner elects to issued a scallop permit. provide the notifications required by (2) Power-down exemption. (i) Any ves- this section using VMS, unless other- sel required to transmit the vessel’s lo- wise authorized or required by the Re- cation at all times, as required in para- gional Administrator under paragraph graph (c)(1) of this section, is exempt (d) of this section; from this requirement if it meets one (4) A vessel issued a limited access or more of the following conditions and NE multispecies permit that fishes or requirements: intends to fish under a NE multispecies (A) The vessel will be continuously Category A or B DAS, or catches regu- out of the water for more than 72 con- lated species or ocean pout while on a secutive hours, the vessel signs out of sector trip; or a vessel issued a limited the VMS program by obtaining a valid access NE multispecies small vessel letter of exemption pursuant to para- category or Handgear A permit that graph (c)(2)(ii) of this section, and the vessel complies with all conditions and fishes in multiple stock areas pursuant requirements of said letter; to paragraph (k)(2) of this section; (B) The vessel owner signs out of the (5) A vessel issued a surfclam (SF 1) VMS program for a minimum period of or an ocean quahog (OQ 6) open access 30 consecutive days by obtaining a permit; valid letter of exemption pursuant to (6) Effective January 1, 2009, a vessel paragraph (c)(2)(ii) of this section, the issued a Maine mahogany quahog (OQ vessel does not engage in any fisheries 7) limited access permit, unless other- or move from the dock/mooring until wise exempted under paragraph the VMS unit is turned back on, and § 648.4(a)(4)(ii)(B)(1); the vessel complies with all conditions (7) A limited access monkfish vessel and requirements of said letter; electing to fish in the Offshore Fishery (C) [Reserved] Program in the SFMA, as provided in (D) The vessel has been issued an § 648.95; and LAGC permit, is not in possession of (8) A vessel issued a limited access any scallops onboard the vessel, is tied herring permit (i.e., Category A, B, or to a permanent dock or mooring, the C), or a vessel issued a Category E Her- vessel operator has notified NMFS ring Permit, or a vessel declaring an through VMS by transmitting the ap- Atlantic herring carrier trip via VMS. propriate VMS power-down code that (9) A vessel issued a Tier 1, Tier 2, or the VMS will be powered down, and the Tier 3 limited access Atlantic mackerel vessel is not required by other permit permit; requirements for other fisheries to (10) A vessel issued a Tier 1 or Tier 2 transmit the vessel’s location at all longfin squid moratorium permit; times. Such a vessel must re-power the VMS and submit a valid VMS activity (11) A vessel issued an Illex squid declaration prior to moving from the moratorium permit; or fixed dock or mooring. VMS codes and (12) A vessel issued a butterfish mor- instructions are available from the Re- atorium permit. gional Administrator. (c) Operating requirements for all ves- (ii) Letter of exemption—(A) Applica- sels. (1) Except as provided in para- tion. A vessel owner may apply for a graph (c)(2) of this section, or unless letter of exemption from the VMS otherwise required by paragraph transmitting requirements specified in (c)(1)(ii) of this section, all vessels re- paragraph (c)(1) of this section for his/ quired to use VMS units, as specified in her vessel by sending a written request paragraph (b) of this section, must to the Regional Administrator and pro- transmit a signal indicating the ves- viding the following: The location of sel’s accurate position, as specified the vessel during the time an exemp- under paragraph (c)(1)(i) of this sec- tion is sought; the exact time period tion: for which an exemption is needed (i.e., (i) At least every hour, 24 hr a day, the time the VMS signal will be turned throughout the year; or off and turned on again); and, in the

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case of a vessel meeting the conditions (iii) NMFS does not regard the fish- of paragraph (c)(2)(i)(A) of this section, ing vessel as meeting the VMS require- sufficient information to determine ments until automatic position reports that the vessel will be out of the water and a manual declaration are received. for more than 72 consecutive hours. (iv) If a vessel has already been The letter of exemption must be on issued a limited access permit without board the vessel at all times, and the the owner providing such documenta- vessel may not turn off the VMS signal tion, the Regional Administrator shall until the letter of exemption has been allow at least 30 days for the vessel to received. install an operational VMS unit that (B) Issuance. Upon receipt of an appli- meets the minimum performance cri- cation, the Regional Administrator teria, and for the owner to provide doc- may issue a letter of exemption to the umentation of such installation to the vessel if it is determined that the ves- Regional Administrator. sel owner provided sufficient informa- (v) The owner of a vessel issued a tion as required under this paragraph limited access NE multispecies permit (c)(2), and that the issuance of the let- that fishes or intends to fish under a ter of exemption will not jeopardize ac- NE multispecies Category A or B DAS, curate monitoring of the vessel’s DAS. or that catches regulated species or Upon written request, the Regional Ad- ocean pout while on a sector trip, as ministrator may change the time pe- specified in paragraph (b)(4) of this sec- riod for which the exemption is grant- tion, must provide documentation to ed. the Regional Administrator that the (d) Presumption. If a VMS unit fails to vessel has an operational VMS unit in- transmit an hourly signal of a vessel’s stalled on board, meeting all require- position, the vessel shall be deemed to ments of this part, prior to fishing have incurred a DAS, or fraction there- under a NE multispecies DAS or under of, for as long as the unit fails to trans- the provisions of an approved sector mit a signal, unless a preponderance of operations plan. evidence shows that the failure to (vi) NMFS shall provide notification transmit was due to an unavoidable to all affected permit holders providing malfunction or disruption of the trans- detailed information on procedures mission that occurred while the vessel pertaining to VMS purchase, installa- was properly declared out of the scal- tion, and use. lop fishery, NE multispecies fishery, or (2) Replacement VMS installations. monkfish fishery, as applicable, or Should a VMS unit require replace- while the vessel was not at sea. ment, a vessel owner must submit doc- (e) VMS notifications—(1) VMS instal- umentation to the Regional Adminis- lation notification. (i) The owner of such trator, within 3 days of installation a vessel specified in paragraph (b) of and prior to the vessel’s next trip, this section, with the exception of a verifying, as described in this para- vessel issued a limited access NE graph (e), that the new VMS unit is an multispecies permit as specified in operational approved system as de- paragraph (b)(4) of this section, must scribed under § 648.9(a). provide documentation to the Regional (3) Access. As a condition to obtaining Administrator at the time of applica- a limited access scallop, multispecies, tion for a limited access permit that an Atlantic herring, a surfclam, ocean the vessel has an operational VMS unit quahog, or Maine mahogany quahog installed on board that meets the min- permit; or as a condition of using a imum performance criteria, unless oth- VMS unit; all vessel owners must allow erwise allowed under paragraph (b) of NMFS, the USCG, and their authorized this section. officers or designees access to the ves- (ii) Vessel owners must confirm the sel’s DAS data, if applicable, and to lo- VMS unit’s operation and communica- cation data obtained from its VMS tions service to NMFS by calling the unit, if required, at the time of or after Office of Law Enforcement (OLE) to its transmission to the vendor or re- ensure that position reports are auto- ceiver, as the case may be. matically sent to and received by (4) Tampering. Tampering with a NMFS OLE. VMS, a VMS unit, or a VMS signal, is

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prohibited. Tampering includes any ac- shoreward of the VMS Demarcation tivity that may affect the unit’s abil- Line at or south of 39° N. lat., as speci- ity to operate or signal properly, or to fied in paragraph (f)(6) of this section, accurately compute or report the ves- and lands in a port south of 39° N. lat. sel’s position. (iv) For those vessels that have elect- (5) Fishery participation notification. ed to fish exclusively in the Eastern (i) A vessel subject to the VMS require- U.S./Canada Area pursuant to ments of § 648.9 and paragraphs (b) § 648.85(a)(3)(ii), the requirements of through (d) of this section that has this paragraph (b) begin with the first crossed the VMS Demarcation Line location signal received showing that under paragraph (a) of this section is the vessel crossed into the Eastern deemed to be fishing under the DAS U.S./Canada Area and end with the program, the Access Area Program, the first location signal received showing LAGC IFQ or NGOM scallop fishery, or that the vessel crossed out of the East- other fishery requiring the operation of ern U.S./Canada Area upon beginning VMS as applicable, unless prior to leav- ing port, the vessel’s owner or author- its return trip to port, unless the vessel ized representative declares the vessel elects to also fish outside the Eastern out of the scallop, NE multispecies, U.S./Canada Area on the same trip, in monkfish, or any other fishery, as ap- accordance with § 648.85(a)(3)(ii)(A). plicable, for a specific time period. (v) The Regional Administrator may NMFS must be notified by transmit- authorize or require the use of the call- ting the appropriate VMS code through in system instead of the use of VMS, as the VMS, or unless the vessel’s owner described under paragraph (h) of this or authorized representative declares section. Furthermore, the Regional Ad- the vessel will be fishing in the Eastern ministrator may authorize or require U.S./Canada Area, as described in the use of letters of authorization as an § 648.85(a)(3)(ii), under the provisions of alternative means of enforcing posses- that program. sion limits, if VMS cannot be used for (ii) Notification that the vessel is not such purposes. under the DAS program, the Access (f) Atlantic sea scallop vessel VMS noti- Area Program, the LAGC IFQ or NGOM fication requirements. Less than 1 hour scallop fishery, or any other fishery re- prior to leaving port, the owner or au- quiring the operation of VMS, must be thorized representative of a scallop received by NMFS prior to the vessel vessel that is required to use VMS as leaving port. A vessel may not change specified in paragraph (b)(1) of this sec- its status after the vessel leaves port tion must notify the Regional Adminis- or before it returns to port on any fish- trator by transmitting the appropriate ing trip, unless the vessel is a scallop VMS code that the vessel will be par- vessel and is exempted, as specified in ticipating in the scallop DAS program, paragraph (f) of this section. Area Access Program, LAGC scallop (iii) DAS counting for a vessel that is fishery, NGOM Management Program, under the VMS notification require- or will be fishing outside of the scallop ments of paragraph (b) of this section, with the exception of vessels that have fishery under the requirements of its elected to fish exclusively in the East- other Federal permits, or that the ves- ern U.S./Canada Area on a particular sel will be steaming to another loca- trip, as described in paragraph (e)(5) of tion prior to commencing its fishing this section, begins with the first loca- trip by transmitting a ‘‘declared out of tion signal received showing that the fishery’’ VMS code. If the owner or au- vessel crossed the VMS Demarcation thorized representative of a scallop Line after leaving port. DAS counting vessel declares out of the fishery for ends with the first location signal re- the steaming portion of the trip, the ceived showing that the vessel crossed vessel cannot possess, retain, or land the VMS Demarcation Line upon its re- scallops, or fish for any other fish. turn to port, unless the vessel is de- Prior to commencing the fishing trip clared into a limited access scallop following a ‘‘declared out of fishery’’ DAS trip and, upon its return to port, trip, the owner or authorized rep- declares out of the scallop fishery resentative must notify the Regional

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Administrator by transmitting the ap- laration. After declaring out of the propriate VMS code, before first cross- fishery, leaving port, and steaming to ing the VMS Demarcation Line, that another location, if the NGOM scallop the vessel will be participating in the vessel has not fished for any other fish scallop DAS program, Area Access Pro- (i.e., steaming only), the vessel may de- gram, NGOM Management Program, or clare into the NGOM fishery without LAGC scallop fishery. VMS codes and entering another port by making a dec- instructions are available from the Re- laration before first crossing the VMS gional Administrator upon request. Demarcation Line. (1) IFQ scallop vessels. An IFQ scallop (ii) The vessel has specifically de- vessel that has crossed the VMS De- clared into the state-only NGOM fish- marcation Line specified under para- ery, thus is fishing exclusively in the graph (a) of this section is deemed to state waters portion of the NGOM man- be fishing under the IFQ program, un- agement area. less prior to the vessel leaving port, (3) Incidental scallop fishery. An Inci- the vessel’s owner or authorized rep- dental scallop vessel that has crossed resentative declares the vessel out of the VMS Demarcation Line on any de- the scallop fishery by notifying the Re- clared fishing trip for any species is gional Administrator through the deemed to be fishing under the Inci- VMS. If the vessel has not fished for dental scallop fishery. any fish (i.e., steaming only), after de- (4) Catch reports. (i) For trips greater claring out of the fishery, leaving port, than 24 hours, the owner or operator of and steaming to another location, the a limited access or LAGC scallop vessel owner or authorized representative of with an IFQ permit that fishes for, pos- an IFQ scallop vessel may declare into sesses, or retains scallops, and is not the IFQ fishery without entering an- fishing under a NE Multispecies DAS other port by making a declaration be- or sector allocation, must submit re- fore first crossing the VMS Demarca- ports through the VMS, in accordance tion Line. An IFQ scallop vessel that is with instructions to be provided by the fishing north of 42°20′ N. lat. is deemed to be fishing under the NGOM scallop Regional Administrator, for each day fishery unless prior to the vessel leav- fished, including open area trips, access ing port, the vessel’s owner or author- area trips as described in § 648.59(b)(9), ized representative declares the vessel Northern Gulf of Maine RSA trips, and out of the scallop fishery, as specified trips accompanied by a NMFS-certified in paragraphs (e)(5)(i) and (ii) of this observer. The reports must be sub- section. After declaring out of the fish- mitted for each day (beginning at 0000 ery, leaving port, and steaming to an- hr and ending at 2400 hr) and not later other location, if the IFQ scallop vessel than 0900 hr of the following day. Such reports must include the following in- has not fished for any fish (i.e., steam- ing only), the vessel may declare into formation: the NGOM fishery without entering an- (A) VTR serial number; other port by making a declaration be- (B) Date fish were caught; fore first crossing the VMS Demarca- (C) Total pounds of scallop meats tion Line. kept; and (2) NGOM scallop fishery. A NGOM (D) Total pounds of all fish kept. scallop vessel is deemed to be fishing in (ii) Scallop Pre-Landing Notification Federal waters of the NGOM manage- Form for IFQ and NGOM vessels. A ves- ment area and will have its landings sel issued an IFQ or NGOM scallop per- applied against the LAGC portion of mit must report through VMS, using the NGOM management area TAC, the Scallop Pre-Landing Notification specified in § 648.62(b)(1), unless: Form, the amount of any scallops kept (i) Prior to the vessel leaving port, on each trip declared as a scallop trip, the vessel’s owner or authorized rep- including declared scallop trips where resentative declares the vessel out of no scallops were landed. In addition, the scallop fishery, as specified in para- vessels with an IFQ or NGOM permit graphs (e)(5)(i) and (ii) of this section, must submit a Scallop Pre-Landing No- and the vessel does not possess, retain, tification Form on trips that are not or land scallops while under such a dec- declared as scallop trips, but on which

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scallops are kept incidentally. A lim- mated time of arrival, the landing port ited access vessel that also holds an and state where the scallops will be IFQ or NGOM permit must submit the offloaded, and the VTR serial number Scallop Pre-Landing Notification Form recorded from that trip’s VTR (the only when fishing under the provisions same VTR serial number as reported to of the vessel’s IFQ or NGOM permit. the dealer). If no scallops will be land- VMS Scallop Pre-Landing Notification ed, a limited access vessel on a de- forms must be submitted no less than 6 clared sea scallop trip must provide hours prior to arrival, or, if fishing only the vessel’s captain/operator’s ends less than 6 hours before arrival, permit number, the VTR serial number immediately after fishing ends. If scal- recorded from that trip’s VTR (the lops will be landed, the report must in- same VTR serial number as reported to clude the vessel operator’s permit num- the dealer), and confirmation that no ber, the amount of scallop meats in scallops will be landed. A limited ac- pounds to be landed, the number of cess scallop vessel may provide a cor- bushels of in-shell scallops to be land- rected report. If the report is being ed, the estimated time of arrival in submitted as a correction of a prior re- port, the landing port and state where port, the information entered into the the scallops will be offloaded, the VTR notification form will replace the data serial number recorded from that trip’s previously submitted in the prior re- VTR (the same VTR serial number as port. Submitting a correction does not reported to the dealer), and whether prevent NMFS from pursuing an en- any scallops were caught in the NGOM. forcement action for any false report- If no scallops will be landed, a vessel ing. A vessel may not offload its catch issued an IFQ or NGOM scallop permit from a Sea Scallop Access Area trip at must provide only the vessel’s captain/ more than one location per trip. operator’s permit number, the VTR se- (iv) Scallop Pre-Landing Notification rial number recorded from that trip’s Form for limited access vessels on a de- VTR (the same VTR serial number as clared DAS trip landing scallops at ports reported to the dealer), and confirma- located at or south of 39° N. lat. In order tion that no scallops will be landed. A to end a declared Sea Scallop DAS trip vessel issued an IFQ or NGOM scallop and steam south of 39° N. lat., a limited permit may provide a corrected report. access vessel must first report through If the report is being submitted as a VMS, using the Scallop Pre-Landing correction of a prior report, the infor- Notification Form, the amount of any mation entered into the notification scallops kept on its DAS trip. Upon form will replace the data previously crossing shoreward of the VMS Demar- submitted in the prior report. Submit- cation Line at or south of 39° N. lat., ting a correction does not prevent the Scallop Pre-Landing Notification NMFS from pursuing an enforcement form must be submitted. The report action for any false reporting. must include the vessel operator’s per- (iii) Scallop Pre-Landing Notification mit number, the amount of scallop Form for limited access vessels fishing on meats in pounds to be landed, the esti- scallop trips. A limited access vessel on mated time of arrival in port, the land- a declared sea scallop trip must report ing port and state where the scallops through VMS, using the Scallop Pre- will be offloaded, and the VTR serial Landing Notification Form, the number recorded from that trip’s VTR amount of any scallops kept on each (the same VTR serial number as re- trip, including declared trips where no ported to the dealer). Prior to crossing scallops were landed. The report must seaward of the VMS Demarcation Line be submitted no less than 6 hours be- for the transit to a southern port at or fore arrival, or, if fishing ends less than south of 39° N. lat., the vessel must de- 6 hours before arrival, immediately clare out of the scallop fishery. A lim- after fishing ends. If scallops will be ited access scallop vessel may provide landed, the report must include the a corrected report. If the report is vessel operator’s permit number, the being submitted as a correction of a amount of scallop meats in pounds to prior report, the information entered be landed, the number of bushels of in- into the notification form will replace shell scallops to be landed, the esti- the data previously submitted in the

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prior report. Submitting a correction istrator by entering the appropriate does not prevent NMFS from pursuing VMS code that the vessel is fishing an enforcement action for any false re- outside of the scallop fishery. VMS porting. codes and instructions are available (5) Scallop vessels fishing under exemp- from the Regional Administrator upon tions. Vessels fishing under the exemp- request. tions provided by § 648.54 (a) and/or (6) Limited access scallop vessels fishing (b)(1) must comply with the exemption under the DAS program and landing scal- requirements and notify the Regional lops at ports south of 39° N. Lat. If land- Administrator by VMS notification or ing scallops at a port located at or by call-in notification as follows: south of 39° N. lat., a limited access (i) VMS notification for scallop vessels vessel participating in the scallop DAS fishing under exemptions. (A) Notify the program may end its DAS trip once it Regional Administrator, via their has crossed shoreward of the VMS De- VMS, prior to each trip of the vessel marcation Line at or south of 39° N. under the state waters exemption pro- lat. by declaring out of the scallop fish- gram, that the vessel will be fishing ex- ery and submitting the Scallop Pre- clusively in state waters; and Landing Notification Form, as speci- (B) Notify the Regional Adminis- fied at paragraph (f)(4)(iv) of this sec- trator, via their VMS, prior to the ves- tion. Once declared out of the scallop sel’s first planned trip in the EEZ, that fishery, and the vessel has submitted the vessel is to resume fishing under the Scallop Pre-Landing Notification the vessel’s DAS allocation. Form, the vessel may cross seaward of (ii) Call-in notification for scallop ves- the VMS Demarcation Line and steam sels fishing under exemptions. (A) Notify to a port at or south of 39° N. lat., to the Regional Administrator by using land scallops while not on a DAS. Such the call-in system and providing the vessels that elect to change their dec- following information at least 7 days laration to steam to ports with scal- prior to fishing under the exemption: lops onboard and not accrue DAS must (1) Owner and caller name and ad- comply with all the requirements at dress; § 648.53(f)(3). (2) Vessel name and permit number; (g) VMS notification requirements for and other fisheries. (1) The owner or author- (3) Beginning and ending dates of the ized representative of a vessel that is exemption period. required to or elects to use VMS, as (B) Remain under the exemption for specified in paragraph (b) of this sec- a minimum of 7 days. (C) If, under the exemption for a min- tion, must notify the Regional Admin- imum of 7 days and wishing to with- istrator of the vessel’s intended fishing draw earlier than the designated end of activity by entering the appropriate the exemption period, notify the Re- VMS code prior to leaving port at the gional Administrator of early with- start of each fishing trip except: drawal from the program by calling the (i) If notified by letter, pursuant to call-in system, providing the vessel’s paragraph (e)(1)(iv) of this section, or name and permit number and the name (ii) The vessel is a scallop vessel and and phone number of the caller, and is exempted, as specified in paragraph stating that the vessel is withdrawing (f) of this section. from the exemption. The vessel may (2) Notification of a vessel’s intended not leave port to fish in the EEZ until fishing activity includes, but is not 48 hr after notification of early with- limited to, gear and DAS type to be drawal is received by the Regional Ad- used; area to be fished; and whether the ministrator. vessel will be declared out of the DAS (D) The Regional Administrator will fishery, or will participate in the NE furnish a phone number for call-ins multispecies and monkfish DAS fish- upon request. eries, including approved special man- (E) Such vessels must comply with agement programs. the VMS notification requirements (3) A vessel operator cannot change specified in paragraph (e) of this sec- any aspect of a vessel’s VMS activity tion by notifying the Regional Admin- code outside of port, except as follows:

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(i) An operator of a NE multispecies representative must notify the Re- vessel is authorized to change the cat- gional Administrator that the vessel egory of NE multispecies DAS used will be participating in the DAS pro- (i.e., flip its DAS), as provided at gram by calling the call-in system and § 648.85(b), or change the area declared providing the following information: to be fished so that the vessel may fish (i) Owner and caller name and phone both inside and outside of the Eastern number; U.S./Canada Area on the same trip, as (ii) Vessel name and permit number; provided at § 648.85(a)(3)(ii)(A). (iii) Type of trip to be taken; (ii) An operator of a vessel issued (iv) Port of departure; and both a NE multispecies permit and a (v) That the vessel is beginning a monkfish permit are authorized to trip. change their DAS declaration from a (2) A DAS begins once the call has NE multispecies Category A DAS to a been received and a confirmation num- monkfish DAS, while remaining sub- ber is given by the Regional Adminis- ject to the to the NE multispecies DAS trator, or when a vessel leaves port, usage requirements under whichever occurs first, unless other- § 648.92(b)(1)(i), during the course of a wise specified in paragraph (e)(2)(iii) of trip, as provided at § 648.92(b)(1)(iii)(A). this section. (iii) The vessel carries onboard a (3) Vessels issued a limited access valid limited access or LAGC scallop monkfish Category C, D, F, G, or H per- permit, has declared out of the fishery mit that are allowed to fish as a in port, and is steaming to another lo- monkfish Category A or B vessel in ac- cation, pursuant to paragraph (f) of cordance with the provisions of this section. § 648.92(b)(2)(i) are subject to the call-in (4) VMS activity codes and declara- notification requirements for limited tion instructions are available from access monkfish Category A or B ves- the Regional Administrator upon re- sels specified under this paragraph (h) quest. for those monkfish DAS when there is (h) Call-in notification. The owner of a not a concurrent NE multispecies DAS. vessel issued a limited access monkfish (4) The vessel’s confirmation num- permit who is participating in a DAS bers for the current and immediately program and who is not required to prior NE multispecies or monkfish provide notification using a VMS, and fishing trip must be maintained on a scallop vessel qualifying for a DAS board the vessel and provided to an au- allocation under the occasional cat- thorized officer immediately upon re- egory that has not elected to fish under quest. the VMS notification requirements of (5) At the end of a vessel’s trip, upon paragraph (e) of this section and is not its return to port, the vessel owner or participating in the Sea Scallop Area owner’s representative must call the Access program as specified in § 648.59, Regional Administrator and notify and any vessel that may be required by him/her that the trip has ended by pro- the Regional Administrator to use the viding the following information: call-in program under paragraph (i) of (i) Owner and caller name and phone this section, are subject to the fol- number; lowing requirements: (ii) Vessel name and permit number; (1) Less than 1 hr prior to leaving (iii) Port of landing; and port, for vessels issued a limited access (iv) That the vessel has ended its NE multispecies DAS permit or, for trip. vessels issued a limited access NE (6) A DAS ends when the call has multispecies DAS permit and a limited been received and confirmation has access monkfish permit (Category C, D, been given by the Regional Adminis- F, G, or H), unless otherwise specified trator, or when a vessel enters port at in paragraph (h) of this section, or an the end of a fishing trip, whichever oc- occasional scallop permit as specified curs later, unless otherwise specified in in this paragraph (h), and, prior to paragraph (e)(2)(iii) of this section. leaving port for vessels issued a limited (7) The Regional Administrator will access monkfish Category A or B per- furnish a phone number for DAS notifi- mit, the vessel owner or authorized cation call-ins upon request.

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(8) Regardless of whether a vessel’s may be authorized by the Regional Ad- owner or authorized representative ministrator to provide the notifica- provides correct notification as re- tions required by paragraph (e) of this quired by paragraphs (e) through (h) of section using the VMS specified in this section, a vessel meeting any of paragraph (b) of this section. For the the following descriptions shall be vessel to become authorized, the vessel deemed to be in its respective fishery’s owner must provide documentation to DAS or Scallop Access Area Program the Regional Administrator at the for the purpose of counting DAS or time of application for a limited access scallop access area trips/pounds, and, permit that the vessel has installed on shall be charged DAS from the time of board an operational VMS as provided sailing to landing: under § 648.9(a). A vessel that is author- (i) Any vessel issued a limited access ized to use the VMS in lieu of the call- scallop permit and not issued an LAGC in requirement for DAS notification scallop permit that possesses or lands shall be subject to the requirements scallops; and presumptions described under (ii) A vessel issued a limited access paragraphs (e)(2)(i) through (v) of this scallop and LAGC IFQ scallop permit section. This paragraph (h) does not that possesses or lands more than 600 lb apply to vessels electing to use the (272.2 kg) of scallops, unless otherwise VMS. specified in § 648.59(d)(2); (i) Temporary authorization for use of (iii) Any vessel issued a limited ac- the call-in system. The Regional Admin- cess scallop and LAGC NGOM scallop istrator may authorize or require, on a permit that possesses or lands more temporary basis, the use of the call-in than 200 lb (90.7 kg) of scallops; system of notification specified in (iv) Any vessel issued a limited ac- paragraph (h) of this section, instead of cess scallop and LAGC IC scallop per- using the VMS. If use of the call-in sys- mit that possesses or lands more than tem is authorized or required, the Re- 40 lb (18.1 kg) of scallops; gional Administrator shall notify af- (v) Any vessel issued a limited access fected permit holders through a letter, NE multispecies permit subject to the notification in the FEDERAL REGISTER, NE multispecies DAS program require- e-mail, or other appropriate means. ments that possesses or lands regulated (j) Additional NE multispecies call-in NE multispecies, except as provided in requirements—(1) Spawning season call- §§ 648.10(h)(9)(ii), 648.17, and 648.89; and in. With the exception of a vessel (vi) Any vessel issued a limited ac- issued a valid Small Vessel category cess monkfish permit subject to the permit or the Handgear A permit cat- monkfish DAS program and call-in re- egory, vessels subject to the spawning quirement that possesses or lands season restriction described in § 648.82 monkfish above the incidental catch must notify the Regional Adminis- trip limits specified in § 648.94(c). trator of the commencement date of (9) Vessels electing to use VMS. (i) A their 20-day period out of the NE vessel issued a limited access multispecies fishery through the IVR monkfish, Occasional scallop, or Com- system (or through VMS, if required by bination permit must use the call-in the Regional Administrator) and pro- system specified in paragraph (h) of vide the following information: this section, unless the owner of such (i) Vessel name and permit number; vessel has elected to provide the notifi- (ii) Owner and caller name and phone cations required by paragraph (g) of number; and this section, through VMS as specified (iii) Commencement date of the 20- under paragraph (h)(9)(ii) of this sec- day period. tion. Any vessel issued a limited access (2) Gillnet call-in. A vessel subject to monkfish or an Occasional scallop per- the gillnet restriction described in mit that has elected to provide notifi- § 648.82 must notify the Regional Ad- cations through VMS must continue to ministrator of the commencement of provide notifications through VMS for its time out of the NE multispecies the entire fishing year. gillnet fishery using the procedure de- (ii) A vessel issued a limited access scribed in paragraph (k)(1) of this sec- monkfish or Occasional scallop permit tion.

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(k) Area-specific reporting requirements port via an independent back-up sys- for NE multispecies vessels—(1) Reporting tem, as instructed by the Regional Ad- requirements for all limited access NE ministrator. To the extent possible, multispecies vessel owners or operators. In NMFS shall reduce unnecessary dupli- addition to any other reporting re- cation of the trip-start hail report with quirements specified in this part, the any other applicable reporting require- owner or operator of any vessel issued ments.. a limited access NE multispecies per- (iv) Trip-end hail report. Upon its re- mit on either a common pool or sector turn to port and prior to crossing the trip must declare the following infor- VMS demarcation line as defined in mation via VMS or IVR, as instructed § 648.10, the owner or operator of any by the Regional Administrator: vessel issued a limited access NE (i) Broad stock area(s) to be fished. To multispecies permit that is subject to fish in any of the broad stock areas, the VMS requirements specified in the vessel owner or operator must de- paragraph (b)(4) of this section must clare his/her intent to fish within one submit a trip-end hail report to NMFS or more of the NE multispecies broad via VMS, as instructed by the Regional stock areas, as defined in paragraph Administrator. The trip-end hail report (k)(3) of this section, prior to leaving must include at least the following in- port at the start of a fishing trip; formation, as instructed by the Re- (ii) VTR serial number. On its return gional Administrator: The vessel per- to port, prior to crossing the VMS de- mit number; VTR serial number, or marcation line, as defined at § 648.10, other applicable trip ID specified by the vessel owner or operator must pro- NMFS; intended offloading location(s), vide the VTR serial number for the including the dealer name/offload loca- first page of the VTR for that par- ticular trip, or other applicable trip ID tion, port/harbor, and state for the first specified by NMFS; and dealer/facility where the vessel intends (iii) Trip-start hail report. If in- to offload catch and the port/harbor, structed by the Regional Adminis- and state for the second dealer/facility trator or required by a sector oper- where the vessel intends to offload ations plan approved pursuant to catch; estimated date/time of arrival; § 648.87(b)(2) and (c), the operator of a estimated date/time of offload; and the vessel must submit a trip-start hail re- estimated total amount of all species port prior to departing port at the be- retained, including species managed by ginning of each trip notifying the sec- other FMPs (in pounds, landed weight), tor manager and/or NMFS of the vessel on board at the time the vessel first permit number; trip ID number in the offloads its catch from a particular form of the VTR serial number of the trip. The trip-end hail report must be first VTR page for that trip, or another submitted at least 6 hr in advance of trip identifier specified by NMFS; an landing for all trips of at least 6 hr in estimate of the date and time of arrival duration or occurring more than 6 hr to port; and any other information as from port. For shorter trips, the trip- instructed by the Regional Adminis- end hail reports must be submitted trator. Trip-start hail reports by ves- upon the completion of the last tow or sels operating less than 6 hr or within hauling of gear, as instructed by the 6 hr of port must also include esti- Regional Administrator. To the extent mated date and time of offload. The possible, NMFS shall reduce unneces- trip-start hail report may be submitted sary duplication of the trip-end hail re- via VMS or some other method, as in- ports with any other applicable report- structed by the Regional Adminis- ing requirements. trator or required by a sector oper- (2) Reporting requirements for NE multi- ations plan approved pursuant to species vessel owners or operators fishing § 648.87(b)(2) and (c). If the vessel oper- in more than one broad stock area per ator does not receive confirmation of trip. Unless otherwise provided in this the receipt of the trip-start hail report paragraph (k)(2), the owner or operator from the sector manager or NMFS, the of any vessel issued a NE multispecies operator must contact the intended re- limited access permit that has declared ceiver to confirm the trip-start hail re- its intent to fish within multiple NE

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multispecies broad stock areas, as de- this paragraph (k)(2) if it is determined fined in paragraph (k)(3) of this sec- that such reporting requirements tion, on the same trip must submit a would duplicate those specified in hail report via VMS providing a good- § 648.87(b). faith estimate of the amount of each (3) NE multispecies broad stock areas. regulated species retained (in pounds, For the purposes of the area-specific landed weight) and the total amount of reporting requirements listed in para- all species retained (in pounds, landed graph (k)(1) of this section, the NE weight), including NE multispecies and multispecies broad stock areas are de- species managed by other FMPs, from fined in paragraphs (k)(3)(i) through each statistical area. This reporting re- (iv) of this section. Copies of a map de- quirement is in addition to the report- picting these areas are available from ing requirements specified in para- graph (k)(1) of this section and any the Regional Administrator upon re- other reporting requirements specified quest. in this part. The report frequency is de- (i) GOM Stock Area 1. The GOM Stock tailed in paragraphs (k)(2)(i) and (ii) of Area 1 is bounded on the east by the this section. U.S./Canadian maritime boundary and (i) Vessels declaring into GOM Stock straight lines connecting the following Area and any other stock area. A vessel points in the order stated: declared to fish in the GOM Stock Area, as defined in paragraph (k)(3)(i) GOM STOCK AREA 1 of this section, and any other stock Point N. latitude W. longitude area defined in paragraphs (k)(3)(ii) through (iv) of this section, must sub- G1 ...... (1) (1) mit a daily VMS catch report in 24-hr CII3 ...... (1) 67°20′ intervals for each day by 0900 hr of the G6 ...... 42°20′ 67°20′ ° ′ ° ′ following day. Reports are required G10 ...... 42 20 70 00 2 ° ′ even if groundfish species caught that G9 ...... ( ) 70 00 day have not yet been landed. 1 The intersection of the shoreline and the U.S.-Canada maritime boundary. (ii) Vessels declaring into multiple 2 The intersection of the Cape Cod, MA, coastline and broad stock areas not including GOM 70°00′ W. long. Stock Area. A vessel declared into mul- (ii) Inshore GB Stock Area 2. The tiple stock areas defined in paragraphs inshore GB Stock Area is defined by (k)(3)(ii) through (iv) of this section, straight lines connecting the following not including the GOM Stock Area I points in the order stated: defined in paragraph (k)(3)(i) of this section, must submit a trip-level report INSHORE GB STOCK AREA 2 via VMS prior to crossing the VMS de- marcation line, as defined in § 648.10, Point N. latitude W. longitude upon its return to port following each fishing trip on which regulated species G9 ...... (1) 70°00′ ° ′ ° ′ were caught, as instructed by the Re- G10 ...... 42 20 70 00 IGB1 ...... 42°20′ 68°50′ gional Administrator. IGB2 ...... 41°00′ 68°50′ (iii) The Regional Administrator may IGB3 ...... 41°00′ 69°30′ adjust the reporting frequency speci- IGB4 ...... 41°10′ 69°30′ fied in paragraph (k)(2) of this section. IGB5 ...... 41°10′ 69°50′ (iv) Exemptions from broad stock area IGB6 ...... 41°20′ 69°50′ ° ′ ° ′ VMS reporting requirements. (A) A vessel IGB7 ...... 41 20 70 00 G12 ...... (2) 70°00′ is exempt from the reporting require- ments specified in paragraph (k)(2) of 1 The intersection of the Cape Cod, MA, coastline and 70°00′ W. long. this section if it is fishing in a special 2 South-facing shoreline of Cape Cod, MA. management program, as specified in § 648.85, and is required to submit daily (iii) Offshore GB Stock Area 3. The Off- VMS catch reports consistent with the shore GB Stock Area 3 is bounded on requirements of that program. the east by the U.S./Canadian maritime (B) The Regional Administrator may boundary and defined by straight lines exempt vessels on a sector trip from connecting the following points in the the reporting requirements specified in order stated:

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OFFSHORE GB STOCK AREA 3 landing or, if fishing ends less than 6 hours before landing, as soon as the Point N. latitude W. longitude vessel stops catching fish. The Re- IGB1 ...... 42°20′ 68°50′ gional Administrator may adjust the G6 ...... 42°20′ 67°20′ prior notification minimum time CII3 ...... (1) 67°20′ SNE2 ...... 39°00′ (1) through publication of a document in SNE3 ...... 39°00′ 69°00′ the FEDERAL REGISTER consistent with SNE4 ...... 39°50′ 69°00′ the Administrative Procedure Act. SNE5 ...... 39°50′ 68°50′ (n) Limited access Atlantic mackerel IGB1 ...... 42°20′ 68°50′ VMS notification requirements. (1) A ves- 1 The U.S.-Canada maritime boundary as it intersects with the EEZ. sel issued a limited access Atlantic mackerel permit intending to declare (iv) SNE/MA Stock Area 4. The SNE/ into the Atlantic mackerel fishery MA Stock Area 4 is the area bounded must notify NMFS by declaring an At- on the north and west by the coastline lantic mackerel trip prior to leaving of the United States, bounded on the port at the start of each trip in order south by a line running from the east- to harvest, possess, or land Atlantic facing coastline of North Carolina at mackerel on that trip. 35° N. lat. until its intersection with (2) A vessel issued a limited access the EEZ, and bounded on the east by Atlantic mackerel permit intending to straight lines connecting the following land more than 20,000 lb (9.07 mt) of At- points in the order stated: lantic mackerel must notify NMFS of the time and place of offloading at SNE/MA STOCK AREA 4 least 6 hr prior prior to arrival, or, if Point N. latitude W. longitude fishing ends less than 6 hours before ar- rival, immediately upon leaving the G12 ...... (1) 70°00′ IGB7 ...... 41°20′ 70°00′ fishing grounds. The Regional Adminis- IGB6 ...... 41°20′ 69°50′ trator may adjust the prior notifica- IGB5 ...... 41°10′ 69°50′ tion minimum time through publica- IGB4 ...... 41°10′ 69°30′ IGB3 ...... 41°00′ 69°30′ tion in the FEDERAL REGISTER con- IGB2 ...... 41°00′ 68°50′ sistent with the Administrative Proce- SNE4 ...... 39°50′ 68°50′ dure Act. ° ′ ° ′ SNE3 ...... 39 50 69 00 (o) Longfin squid VMS notification re- SNE5 ...... 39°00′ 69°00′ SNE6 ...... 39°00′ (2) quirement. A vessel issued a Tier 1 or Tier 2 longfin squid moratorium permit 1 South-facing shoreline of Cape Cod, MA. 2 The U.S.-Canada maritime boundary as it intersects with intending to harvest, possess, or land the EEZ. more than 2,500 lb (1.13 mt) of longfin (l) [Reserved] squid on that trip must notify NMFS (m) Atlantic herring VMS notification by declaring a longfin squid trip before requirements. (1) A vessel issued a lim- leaving port at the start of each trip. ited access herring permit (i.e., Cat- (p) Illex squid VMS notification require- egory A, B, or C) or a Category E Her- ment. A vessel issued an Illex squid ring Permit intending to declare into moratorium permit intending to har- the herring fishery or a vessel issued a vest, possess, or land 10,000 lb (4,536 kg) herring permit and intending to de- or more of Illex squid on that trip must clare an Atlantic herring carrier trip notify NMFS by declaring an Illex via VMS must notify NMFS by declar- squid trip before leaving port at the ing a herring trip with the appropriate start of each trip. gear code prior to leaving port at the [74 FR 20530, May 4, 2009] start of each trip in order to harvest, possess, or land herring on that trip. EDITORIAL NOTE: For FEDERAL REGISTER ci- (2) A vessel issued a limited access tations affecting § 648.10, see the List of CFR Sections Affected, which appears in the herring permit (i.e., Category A, B, or Finding Aids section of the printed volume C) or a Category E Herring Permit or a and at www.govinfo.gov. vessel that declared an Atlantic her- EFFECTIVE DATE NOTE: At 85 FR 57987, ring carrier trip via VMS must notify Sept. 17, 2020, § 648.10 was amended by revis- NMFS Office of Law Enforcement ing paragraph (h)(1) introductory text, effec- through VMS of the time and place of tive Oct. 19, 2020. For the convenience of the offloading at least 6 hours prior to user, the revised text is set forth as follows:

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§ 648.10 VMS and DAS requirements for ves- sels selected for observer or monitor sel owners/operators. coverage must notify the appropriate monitoring service provider before * * * * * commencing any fishing trip that may (h) * * * result in the harvest of resources of the (1) Less than 1 hr prior to leaving port, for respective fishery. Notification proce- vessels issued a limited access NE multispe- dures will be specified in selection let- cies DAS permit or, for vessels issued a lim- ters to vessel owners or permit holder ited access NE multispecies DAS permit and letters. a limited access monkfish permit (Category (c) Safety waivers. The Regional Ad- C, D, F, G, or H), unless otherwise specified ministrator may waive the require- in paragraph (h) of this section, or an occa- ment to be sampled by an observer or sional scallop permit as specified in this paragraph (h), and, less than 1 hr prior to monitor if the facilities on a vessel for leaving port, for vessels issued a limited ac- housing the observer or monitor, or for cess monkfish Category A or B permit, the carrying out observer or monitor func- vessel owner or authorized representative tions, are so inadequate or unsafe that must notify the Regional Administrator that the health or safety of the observer or the vessel will be participating in the DAS monitor, or the safe operation of the program by calling the call-in system and vessel, would be jeopardized. providing the following information: (d) Vessel requirements associated with coverage. An owner or operator of a ves- * * * * * sel on which a NMFS-certified observer or monitor is embarked must: § 648.11 Monitoring coverage. (1) Provide accommodations and food (a) Coverage. The Regional Adminis- that are equivalent to those provided trator may request any vessel holding to the crew. a permit for Atlantic sea scallops, NE (2) Allow the observer or monitor ac- multispecies, monkfish, skates, Atlan- cess to and use of the vessel’s commu- tic mackerel, squid, butterfish, scup, nications equipment and personnel black sea bass, bluefish, spiny dogfish, upon request for the transmission and Atlantic herring, tilefish, Atlantic receipt of messages related to the ob- surfclam, ocean quahog, or Atlantic server’s or monitor’s duties. deep-sea red crab; or a moratorium per- (3) Provide true vessel locations, by mit for summer flounder; to carry a latitude and longitude or loran coordi- NMFS-certified fisheries observer. A nates, as requested by the observer or vessel holding a permit for Atlantic sea monitor, and allow the observer or scallops is subject to the additional re- monitor access to and use of the ves- quirements specific in paragraph (g) of sel’s navigation equipment and per- this section. Also, any vessel or vessel sonnel upon request to determine the owner/operator that fishes for, catches vessel’s position. or lands hagfish, or intends to fish for, (4) Notify the observer or monitor in catch, or land hagfish in or from the a timely fashion of when fishing oper- exclusive economic zone must carry a ations are to begin and end. NMFS-certified fisheries observer when (5) Allow for the embarking and de- requested by the Regional Adminis- barking of the observer or monitor, as trator in accordance with the require- specified by the Regional Adminis- ments of this section. The require- trator, ensuring that transfers of ob- ments of this section do not apply to servers or monitors at sea are accom- vessels with only a Federal private rec- plished in a safe manner, via small reational tilefish permit. boat or raft, during daylight hours as (b) Facilitating coverage. If requested weather and sea conditions allow, and by the Regional Administrator or their with the agreement of the observers or designees, including NMFS-certified monitors involved. observers, monitors, and NMFS staff, (6) Allow the observer or monitor free to be sampled by an observer or mon- and unobstructed access to the vessel’s itor, it is the responsibility of the ves- bridge, working decks, holding bins, sel owner or vessel operator to arrange weight scales, holds, and any other for and facilitate observer or monitor space used to hold, process, weigh, or placement. Owners or operators of ves- store fish.

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(7) Allow the observer or monitor to servers, monitors, including at-sea inspect and copy any the vessel’s log, monitors and portside samplers, and communications log, and records asso- electronic monitoring to meet specified ciated with the catch and distribution IFM coverage targets. The ability to of fish for that trip. meet IFM coverage targets may be con- (e) Vessel requirements associated with strained by the availability of Federal protected species. The owner or operator funding to pay NMFS cost responsibil- of a vessel issued a summer flounder ities associated with IFM. moratorium permit, a scup morato- (1) Guiding principles for new IFM pro- rium permit, a black sea bass morato- grams. The Council’s development of an rium permit, a bluefish permit, a spiny IFM program must consider or include dogfish permit, an Atlantic herring the following: permit, an Atlantic deep-sea red crab (i) A clear need or reason for the data permit, a skate permit, or a tilefish collection; permit, if requested by the observer or (ii) Objective design criteria; monitor, also must: (iii) Cost of data collection should (1) Notify the observer or monitor of not diminish net benefits to the nation any sea turtles, marine mammals, nor threaten continued existence of the summer flounder, scup, black sea bass, fishery; bluefish, spiny dogfish, Atlantic her- (iv) Seek less data intensive methods ring, Atlantic deep-sea red crab, to collect data necessary to assure con- tilefish, skates (including discards) or servation and sustainability when as- other specimens taken by the vessel. sessing and managing fisheries with (2) Provide the observer or monitor minimal profit margins; with sea turtles, marine mammals, (v) Prioritize the use of modern tech- summer flounder, scup, black sea bass, nology to the extent practicable; and bluefish, spiny dogfish, Atlantic her- (vi) Incentives for reliable self-re- ring, Atlantic deep-sea red crab, porting. skates, tilefish, or other specimens (2) Process to implement and revise new taken by the vessel. IFM programs. New IFM programs shall (f) Coverage funded from outside be developed via an amendment to a sources. NMFS may accept observer or specific FMP. IFM programs imple- monitor coverage funded by outside mented in an FMP may be revised via sources if: a framework adjustment. The details of (1) All coverage conducted by such an IFM program may include, but are observers or monitors is determined by not limited to: NMFS to be in compliance with NMFS’ observer or monitor guidelines and pro- (i) Level and type of coverage target; cedures. (ii) Rationale for level and type of (2) The owner or operator of the ves- coverage; sel complies with all other provisions (iii) Minimum level of coverage nec- of this part. essary to meet coverage goals; (3) The observer or monitor is ap- (iv) Consideration of waivers if cov- proved by the Regional Administrator. erage targets cannot be met; (g) Industry-funded monitoring pro- (v) Process for vessel notification and grams. Fishery management plans selection; (FMPs) managed by the New England (vi) Cost collection and administra- Fishery Management Council (New tion; England Council), including Atlantic (vii) Standards for monitoring serv- Herring, Atlantic Salmon, Atlantic Sea ice providers; and Scallops, Deep-Sea Red Crab, North- (viii) Any other measures necessary east Multispecies, and Northeast Skate to implement the industry-funded Complex, may include industry-funded monitoring program. monitoring programs (IFM) to supple- (3) NMFS cost responsibilities. IFM pro- ment existing monitoring required by grams have two types of costs, NMFS the Standard Bycatch Reporting Meth- and industry costs. Cost responsibil- odology (SBRM), Endangered Species ities are delineated by the type of cost. Act, and the Protec- NMFS cost responsibilities include the tion Act. IFM programs may use ob- following:

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(i) The labor and facilities associated the next fishing year. The estimated with training and debriefing of mon- IFM coverage levels would be based on itors; the equal weighting approach and (ii) NMFS-issued gear (e.g., electronic would include the rationale for any de- reporting aids used by human monitors viations from the equal weighting ap- to record trip information); proach. The New England Council may (iii) Certification of monitoring serv- recommend revisions and additional ice providers and individual observers considerations to the Regional Admin- or monitors; performance monitoring istrator and Science and Research Di- to maintain certificates; rector. (iv) Developing and executing vessel (A) If available Federal funding ex- selection; ceeds that needed to pay all of NMFS (v) Data processing (including elec- cost responsibilities for administering tronic monitoring video audit, but ex- IFM programs, the New England Coun- cluding service provider electronic cil may request NMFS to use available video review); and funding to help offset industry cost re- (vi) Costs associated with liaison ac- sponsibilities through reimbursement. tivities between service providers, and (B) [Reserved] NMFS, Coast Guard, New England (iv) Revisions to the prioritization Council, sector managers, and other process may be made via a framework partners. adjustment to all New England FMPs. (vii) The industry is responsible for (v) Revisions to the weighting ap- all other costs associated with IFM proach for the New England Council- programs. led prioritization process may be made (4) Prioritization process to cover NMFS via a framework adjustment to all New IFM cost responsibilities. (i) Available England FMPs or by the New England Federal funding refers to any funds in Council considering a new weighting excess of those allocated to meet approach at a public meeting, where SBRM requirements or the existing public comment is accepted, and re- IFM programs in the Atlantic Sea questing NMFS to publish a notice or Scallop and Northeast Multispecies rulemaking revising the weighting ap- FMPs that may be used to cover NMFS proach. NMFS shall implement revi- cost responsibilities associated with sions to the weighting approach in a IFM coverage targets. If there is no manner consistent with the Adminis- available Federal funding in a given trative Procedure Act. year to cover NMFS IFM cost respon- (5) IFM program monitoring service pro- sibilities, then there shall be no IFM vider requirements. IFM monitoring coverage during that year. If there is service provider requirements shall be some available Federal funding in a consistent with requirements in para- given year, but not enough to cover all graph (h) of this section and observer of NMFS cost responsibilities associ- or monitor requirements shall be con- ated with IFM coverage targets, then sistent with requirements in paragraph the New England Council will prioritize (i) of this section. available Federal funding across IFM (6) Monitoring set-aside. The New Eng- programs during that year. Existing land Council may develop a monitoring IFM programs for Atlantic sea scallops set-aside program for individual FMPs and Northeast multispecies fisheries that would devote a portion of the an- shall not be included in this nual catch limit for a fishery to help prioritization process. offset the industry cost responsibilities (ii) Programs with IFM coverage tar- for monitoring coverage, including ob- gets shall be prioritized using an equal servers, at-sea monitors, portside sam- weighting approach, such that any plers, and electronic monitoring. available Federal funding shall be di- (i) The details of a monitoring set- vided equally among programs. aside program may include, but are not (iii) After NMFS determines the limited to: amount of available Federal funding (A) The basis for the monitoring set- for the next fishing year, NMFS shall aside; provide the New England Council with (B) The amount of the set-aside (e.g., the estimated IFM coverage levels for quota, days at sea);

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(C) How the set-aside is allocated to business telephone and fax numbers, vessels required to pay for monitoring and business email address for each of- (e.g., an increased trip limit, differen- fice. tial days at sea counting, additional (iii) A statement, signed under pen- trips, an allocation of the quota); alty of perjury, from each owner or (D) The process for vessel notifica- owners, board members, and officers, if tion; a corporation, that they are free from (E) How funds are collected and ad- a conflict of interest as described under ministered to cover the industry’s paragraph (h)(6) of this section. costs of monitoring; and (iv) A statement, signed under pen- (F) Any other measures necessary to alty of perjury, from each owner or develop and implement a monitoring owners, board members, and officers, if set-aside. a corporation, describing any criminal (ii) The New England Council may conviction(s), Federal contract(s) they develop new monitoring set-asides and have had and the performance rating revise those monitoring set-asides via a they received on the contracts, and framework adjustment to the relevant previous decertification action(s) while FMP. working as an observer or monitor or (h) Monitoring service provider ap- monitoring service provider. proval and responsibilities—(1) General. (v) A description of any prior experi- An entity seeking to provide moni- ence the applicant may have in placing toring services, including services for individuals in remote field and/or ma- IFM Programs described in paragraph rine work environments. This includes, (g) of this section, must apply for and but is not limited to, recruiting, hir- obtain approval from NMFS following ing, deployment, and personnel admin- submission of a complete application. istration. Monitoring services include providing (vi) A description of the applicant’s NMFS-certified observers, monitors ability to carry out the responsibilities (at-sea monitors and portside sam- and duties of a monitoring service pro- plers), and/or electronic monitoring. A vider as set out under paragraph (h)(5) list of approved monitoring service of this section, and the arrangements providers shall be distributed to vessel to be used. owners and shall be posted on the (vii) Evidence of holding adequate in- NMFS Fisheries Sampling Branch surance to cover injury, liability, and (FSB) website at: https:// accidental death for observers or mon- www.nefsc.noaa.gov/femad/fsb/. itors, whether contracted or employed (2) [Reserved] by the service provider, during their (3) Contents of application. An applica- period of employment (including dur- tion to become an approved monitoring ing training). Workers’ Compensation service provider shall contain the fol- and Maritime Employer’s Liability in- lowing: surance must be provided to cover the (i) Identification of the management, observer or monitor, vessel owner, and organizational structure, and owner- observer provider. The minimum cov- ship structure of the applicant’s busi- erage required is $5 million. Moni- ness, including identification by name toring service providers shall provide and general function of all controlling copies of the insurance policies to ob- management interests in the company, servers or monitors to display to the including but not limited to owners, vessel owner, operator, or vessel man- board members, officers, authorized ager, when requested. agents, and staff. If the applicant is a (viii) Proof that its observers or mon- corporation, the articles of incorpora- itors, whether contracted or employed tion must be provided. If the applicant by the service provider, are com- is a partnership, the partnership agree- pensated with salaries that meet or ex- ment must be provided. ceed the U.S. Department of Labor (ii) The permanent mailing address, (DOL) guidelines for observers. Observ- phone and fax numbers where the ers shall be compensated as Fair Labor owner(s) can be contacted for official Standards Act (FLSA) non-exempt em- correspondence, and the current phys- ployees. Monitoring service providers ical location, business mailing address, shall provide any other benefits and

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personnel services in accordance with plete or the evaluation criteria are not the terms of each observer’s or mon- met. NMFS shall notify the applicant itor’s contract or employment status. in writing of any deficiencies in the ap- (ix) The names of its fully equipped, plication or information submitted in NMFS/FSB certified, observers or mon- support of the application. An appli- itors on staff or a list of its training cant who receives a denial of his or her candidates (with resumes) and a re- application may present additional in- quest for an appropriate NMFS/FSB formation to rectify the deficiencies Training class. All training classes specified in the written denial, pro- have a minimum class size of eight in- vided such information is submitted to dividuals, which may be split among NMFS within 30 days of the applicant’s multiple vendors requesting training. receipt of the denial notification from Requests for training classes with NMFS. In the absence of additional in- fewer than eight individuals will be de- formation, and after 30 days from an layed until further requests make up applicant’s receipt of a denial, a moni- the full training class size. toring service provider is required to (x) An Emergency Action Plan (EAP) resubmit an application containing all describing its response to an ‘‘at sea’’ of the information required under the emergency with an observer or mon- application process specified in para- itor, including, but not limited to, per- graph (h)(3) of this section to be re-con- sonal injury, death, harassment, or in- sidered for being added to the list of timidation. An EAP that details a approved monitoring service providers. monitoring service provider’s responses (5) Responsibilities of monitoring service to emergencies involving observers, providers—(i) Certified observers or mon- monitors, or monitoring service pro- itors. A monitoring service provider vider personnel. The EAP shall include must provide observers or monitors communications protocol and appro- certified by NMFS/FSB pursuant to priate contact information in an emer- paragraph (i) of this section for deploy- gency. ment in a fishery when contacted and (4) Application evaluation. (i) NMFS contracted by the owner, operator, or shall review and evaluate each applica- vessel manager of a fishing vessel, un- tion submitted under paragraph (h)(3) less the monitoring service provider re- of this section. Issuance of approval as fuses to deploy an observer or monitor a monitoring service provider shall be on a requesting vessel for any of the based on completeness of the applica- reasons specified at paragraph tion, and a determination by NMFS of (h)(5)(viii) of this section. the applicant’s ability to perform the (ii) Support for observers or monitors. A duties and responsibilities of a moni- monitoring service provider must pro- toring service provider, as dem- vide to each of its observers or mon- onstrated in the application informa- itors: tion. A decision to approve or deny an (A) All necessary transportation, application shall be made by NMFS lodging costs and support for arrange- within 15 business days of receipt of ments and logistics of travel for ob- the application by NMFS. servers and monitors to and from the (ii) If NMFS approves the applica- initial location of deployment, to all tion, the monitoring service provider’s subsequent vessel assignments, to any name will be added to the list of ap- debriefing locations, and for appear- proved monitoring service providers ances in Court for monitoring-related found on the NMFS/FSB website speci- trials as necessary; fied in paragraph (h)(1) of this section, (B) Lodging, per diem, and any other and in any outreach information to the services necessary for observers or industry. Approved monitoring service monitors assigned to a fishing vessel or providers shall be notified in writing to attend an appropriate NMFS/FSB and provided with any information per- training class; tinent to its participation in the ob- (C) The required observer or monitor server or monitor programs. equipment, in accordance with equip- (iii) An application shall be denied if ment requirements listed on the NMFS determines that the information NMFS/FSB website specified in para- provided in the application is not com- graph (h)(1) of this section, prior to any

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deployment and/or prior to NMFS ob- secutive multi-day trips and more than server or monitor certification train- twice in any given month for multi-day ing; and deployments. (D) Individually assigned commu- (v) Communications with observers and nication equipment, in working order, monitors. A monitoring service provider such as a mobile phone, for all nec- must have an employee responsible for essary communication. A monitoring observer or monitor activities on call service provider may alternatively 24 hours a day to handle emergencies compensate observers or monitors for involving observers or monitors or the use of the observer’s or monitor’s problems concerning observer or mon- personal mobile phone, or other device, itor logistics, whenever observers or for communications made in support monitors are at sea, stationed portside, of, or necessary for, the observer’s or in transit, or in port awaiting vessel monitor’s duties. assignment. (iii) Observer and monitor deployment (vi) Observer and monitor training re- logistics. Each approved monitoring quirements. A request for a NMFS/FSB service provider must assign an avail- Observer or Monitor Training class able certified observer or monitor to a must be submitted to NMFS/FSB 45 vessel upon request. Each approved calendar days in advance of the re- monitoring service provider must be quested training. The following infor- accessible 24 hours per day, 7 days per mation must be submitted to NMFS/ week, to enable an owner, operator, or FSB at least 15 business days prior to manager of a vessel to secure moni- the beginning of the proposed training: toring coverage when requested. The A list of observer or monitor can- telephone or other notification system didates; candidate resumes, cover let- must be monitored a minimum of four ters and academic transcripts; and a times daily to ensure rapid response to statement signed by the candidate, industry requests. Monitoring service under penalty of perjury, that discloses providers approved under this para- the candidate’s criminal convictions, if graph (h) are required to report ob- any. A medical report certified by a server or monitor deployments to physician for each candidate is re- NMFS for the purpose of determining quired 7 business days prior to the first whether the predetermined coverage day of training. CPR/First Aid certifi- levels are being achieved in the appro- cates and a final list of training can- priate fishery. didates with candidate contact infor- (iv) Observer deployment limitations. mation (email, phone, number, mailing (A) A candidate observer’s first several address and emergency contact infor- deployments and the resulting data mation) are due 7 business days prior shall be immediately edited and ap- to the first day of training. NMFS may proved after each trip by NMFS/FSB reject a candidate for training if the prior to any further deployments by candidate does not meet the minimum that observer. If data quality is consid- qualification requirements as outlined ered acceptable, the observer would be by NMFS/FSB minimum eligibility certified. For further information, see standards for observers or monitors as https://www.nefsc.noaa.gov/fsb/training/. described on the NMFS/FSB website. (B) For the purpose of coverage to (vii) Reports and Requirements—(A) meet SBRM requirements, unless alter- Deployment reports. The monitoring native arrangements are approved by service provider must report to NMFS/ NMFS, a monitoring service provider FSB when, where, to whom, and to must not deploy any NMFS-certified what vessel an observer or monitor has observer on the same vessel for more been deployed, as soon as practicable, than two consecutive multi-day trips, and according to requirements outlined and not more than twice in any given on the NMFS/FSB website. The deploy- month for multi-day deployments. ment report must be available and ac- (C) For the purpose of coverage to cessible to NMFS electronically 24 meet IFM requirements, a monitoring hours a day, 7 days a week. The moni- service provider may deploy any toring service provider must ensure NMFS-certified observer or monitor on that the observer or monitor reports to the same vessel for more than two con- NMFS the required electronic data, as

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described in the NMFS/FSB training. port must be available and accessible Electronic data submission protocols to NMFS electronically 24 hours a day, will be outlined in training and may in- 7 days a week. clude accessing government websites (F) Incident reports. The monitoring via personal computers/devices or sub- service provider must report possible mitting data through government observer or monitor harassment, dis- issued electronics. The monitoring crimination, concerns about vessel service provider shall provide the raw safety or marine casualty, or observer (unedited) data collected by the ob- or monitor illness or injury; and any server or monitor to NMFS at the spec- information, allegations, or reports re- ified time per program. For further in- garding observer or monitor conflict of formation, see https:// interest or breach of the standards of www.nefsc.noaa.gov/fsb/ scallop/. behavior, to NMFS/FSB within 12 (B) Safety refusals. The monitoring hours of the event or within 12 hours of service provider must report to NMFS learning of the event. any trip or landing that has been re- (G) Status report. The monitoring fused due to safety issues (e.g., failure service provider must provide NMFS/ to hold a valid USCG Commercial Fish- FSB with an updated list of contact in- ing Vessel Safety Examination Decal formation for all observers or monitors or to meet the safety requirements of that includes the identification num- the observer’s or monitor’s safety ber, name, mailing address, email ad- checklist) within 12 hours of the re- dress, phone numbers, homeports or fusal. fisheries/trip types assigned, and must (C) Biological samples. The monitoring include whether or not the observer or service provider must ensure that bio- logical samples, including whole ma- monitor is ‘‘in service,’’ indicating rine mammals, sea turtles, sea birds, when the observer or monitor has re- and fin clips or other DNA samples, are quested leave and/or is not currently stored/handled properly and trans- working for an industry-funded pro- ported to NMFS within 5 days of land- gram. Any Federally contracted ing. If transport to NMFS/FSB Ob- NMFS-certified observer not actively server Training Facility is not imme- deployed on a vessel for 30 days will be diately available then whole placed on Leave of Absence (LOA) sta- requiring freezing shall be received by tus (or as specified by NMFS/FSB ac- the nearest NMFS freezer facility with- cording to most recent Information in 24 hours of vessel landing. Technology Security Guidelines at (D) Debriefing. The monitoring serv- https://www.nefsc.noaa.gov/fsb/memos/. ice provider must ensure that the ob- Those Federally contracted NMFS-cer- server or monitor remains available to tified observers on LOA for 90 days or NMFS, either in-person or via phone, more will need to conduct an exit at NMFS’ discretion, including NMFS interview with NMFS/FSB and return Office for Law Enforcement, for de- any NMFS/FSB issued gear and Com- briefing for at least 2 weeks following mon Access Card (CAC), unless alter- any monitored trip. If requested by native arrangements are approved by NMFS, an observer or monitor that is NMFS/FSB. NMFS/FSB requires 2- at sea during the 2-week period must week advance notification when a Fed- contact NMFS upon his or her return. erally contracted NMFS-certified ob- Monitoring service providers must pay server is leaving the program so that for travel and land hours for any re- an exit interview may be arranged and quested debriefings. gear returned. (E) Availability report. The monitoring (H) Vessel contract. The monitoring service provider must report to NMFS service provider must submit to NMFS/ any occurrence of inability to respond FSB, if requested, a copy of each type to an industry request for observer or of signed and valid contract (including monitor coverage due to the lack of all attachments, appendices, available observers or monitors as soon addendums, and exhibits incorporated as practicable if the provider is unable into the contract) between the moni- to respond to an industry request for toring service provider and those enti- monitoring coverage. Availability re- ties requiring monitoring services.

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(I) Observer and monitor contract. The (iii) Must not solicit or accept, di- monitoring service provider must sub- rectly or indirectly, any gratuity, gift, mit to NMFS/FSB, if requested, a copy favor, entertainment, loan, or anything of each type of signed and valid con- of monetary value from anyone who tract (including all attachments, ap- conducts fishing or fishing related ac- pendices, addendums, and exhibits in- tivities that are regulated by NMFS, or corporated into the contract) between who has interests that may be substan- the monitoring service provider and tially affected by the performance or specific observers or monitors. nonperformance of the official duties of (J) Additional information. The moni- monitoring service providers. toring service provider must submit to (7) Removal of monitoring service pro- NMFS/FSB, if requested, copies of any vider from the list of approved service pro- information developed and/or used by viders. A monitoring service provider the monitoring service provider and that fails to meet the requirements, distributed to vessels, observers, or conditions, and responsibilities speci- monitors, such as informational pam- fied in paragraphs (h)(5) and (6) of this phlets, payment notification, daily section shall be notified by NMFS, in rate of monitoring services, description writing, that it is subject to removal of observer or monitor duties, etc. from the list of approved monitoring (viii) Refusal to deploy an observer or service providers. Such notification monitor. (A) A monitoring service pro- shall specify the reasons for the pend- vider may refuse to deploy an observer ing removal. A monitoring service pro- or monitor on a requesting fishing ves- vider that has received notification sel if the monitoring service provider that it is subject to removal from the does not have an available observer or list of approved monitoring service monitor within the required time and providers may submit written informa- must report all refusals to NMFS/FSB. tion to rebut the reasons for removal from the list. Such rebuttal must be (B) A monitoring service provider submitted within 30 days of notifica- may refuse to deploy an observer or tion received by the monitoring service monitor on a requesting fishing vessel provider that the monitoring service if the monitoring service provider has provider is subject to removal and determined that the requesting vessel must be accompanied by written evi- is inadequate or unsafe pursuant to the dence rebutting the basis for removal. reasons described at § 600.746. NMFS shall review information rebut- (C) The monitoring service provider ting the pending removal and shall no- may refuse to deploy an observer or tify the monitoring service provider monitor on a fishing vessel that is oth- within 15 days of receipt of the rebuttal erwise eligible to carry an observer or whether or not the removal is war- monitor for any other reason, includ- ranted. If no response to a pending re- ing failure to pay for previous moni- moval is received by NMFS, the moni- toring deployments, provided the moni- toring service provider shall be auto- toring service provider has received matically removed from the list of ap- prior written confirmation from NMFS proved monitoring service providers. authorizing such refusal. The decision to remove the monitoring (6) Limitations on conflict of interest. A service provider from the list, either monitoring service provider: after reviewing a rebuttal, or if no re- (i) Must not have a direct or indirect buttal is submitted, shall be the final interest in a fishery managed under decision of NMFS and the Department Federal regulations, including, but not of Commerce. Removal from the list of limited to, a fishing vessel, fish dealer, approved monitoring service providers and/or fishery advocacy group (other does not necessarily prevent such mon- than providing monitoring services); itoring service provider from obtaining (ii) Must assign observers or mon- an approval in the future if a new ap- itors without regard to any preference plication is submitted that dem- by representatives of vessels other onstrates that the reasons for removal than when an observer or monitor will are remedied. Certified observers and be deployed for the trip that was se- monitors under contract with observer lected for coverage; and monitoring service provider that has

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been removed from the list of approved (2) Observer or monitor training. In service providers must complete their order to be deployed on any fishing ves- assigned duties for any fishing trips on sel, a candidate observer or monitor which the observers or monitors are de- must have passed an appropriate ployed at the time the monitoring NMFS/FSB Observer Training course service provider is removed from the and must adhere to all NMFS/FSB pro- list of approved monitoring service gram standards and policies (refer to providers. A monitoring service pro- website for program standards, https:// vider removed from the list of approved www.nefsc.noaa.gov/fsb/training/). If a monitoring service providers is respon- candidate fails training, the candidate sible for providing NMFS with the in- and monitoring service provider shall formation required in paragraph be notified immediately by NMFS/FSB. (h)(5)(vii) of this section following com- Observer training may include an ob- pletion of the trip. NMFS may con- server training trip, as part of the ob- sider, but is not limited to, the fol- server’s training, aboard a fishing ves- lowing in determining if a monitoring sel with a trainer. Refer to the NMFS/ service provider may remain on the list FSB website for the required number of of approved monitoring service pro- program specific observer and monitor viders: training certification trips for full cer- (i) Failure to meet the requirements, tification following training, https:// conditions, and responsibilities of mon- www.nefsc.noaa.gov/fsb/training/. itoring service providers specified in (3) Observer requirements. All observ- paragraphs (h)(5) and (6) of this section; ers must: (ii) Evidence of conflict of interest as (i) Have a valid NMFS/FSB fisheries defined under paragraph (h)(6) of this observer certification pursuant to section; paragraph (i)(1) of this section; (ii) Be physically and mentally capa- (iii) Evidence of criminal convictions ble of carrying out the responsibilities related to: of an observer on board fishing vessels, (A) Embezzlement, theft, forgery, pursuant to standards established by bribery, falsification or destruction of NMFS. Such standards are available records, making false statements, or from NMFS/FSB website specified in receiving stolen property; or paragraph (h)(1) of this section and (B) The commission of any other shall be provided to each approved crimes of dishonesty, as defined by monitoring service provider; state law or Federal law, that would (iii) Have successfully completed all seriously and directly affect the fitness NMFS-required training and briefings of an applicant in providing monitoring for observers before deployment, pursu- services under this section; and ant to paragraph (i)(2) of this section; (iv) Unsatisfactory performance rat- (iv) Hold a current Red Cross (or ings on any Federal contracts held by equivalence) CPR/First Aid certifi- the applicant; and cation; (v) Evidence of any history of decer- (v) Accurately record their sampling tification as either an observer, mon- data, write complete reports, and re- itor, or monitoring service provider. port accurately any observations rel- (i) Observer or monitor certification—(1) evant to conservation of marine re- Requirements. To be certified, employ- sources or their environment; and ees or sub-contractors operating as ob- (vi) Report unsafe sampling condi- servers or monitors for monitoring tions, pursuant to paragraph (m)(6) of service providers approved under para- this section. graph (h) of this section. In addition, (4) Monitor requirements. All monitors observers must meet NMFS National must: Minimum Eligibility Standards for ob- (i) Hold a high school diploma or servers specified at the National Ob- legal equivalent; server Program website: https:// (ii) Have a valid NMFS/FSB certifi- www.nmfs.noaa.gov/op/pds/categories/ cation pursuant to paragraph (i)(1) of scienceandtechnology.html. For further this section; information, see https:// (iii) Be physically and mentally capa- www.st.nmfs.noaa.gov/observer-home/. ble of carrying out the responsibilities

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of a monitor on board fishing vessels, toring program specified in pursuant to standards established by § 648.87(b)(1)(v) for the same trip, only NMFS. Such standards are available the NMFS-certified fisheries observer from NMFS/FSB website specified in is required to go on that particular paragraph (h)(1) of this section and trip. shall be provided to each approved (k) Atlantic sea scallop observer pro- monitoring service provider; gram—(1) General. Unless otherwise (iv) Have successfully completed all specified, owners, operators, and/or NMFS-required training and briefings managers of vessels issued a Federal for monitors before deployment, pursu- scallop permit under § 648.4(a)(2), and ant to paragraph (i)(2) of this section; specified in paragraph (a) of this sec- (v) Hold a current Red Cross (or tion, must comply with this section equivalence) CPR/First Aid certifi- and are jointly and severally respon- cation if the monitor is to be employed sible for their vessel’s compliance with as an at-sea monitor; this section. To facilitate the deploy- (vi) Accurately record their sampling ment of at-sea observers, all sea scal- data, write complete reports, and re- lop vessels issued limited access and port accurately any observations rel- LAGC IFQ permits are required to evant to conservation of marine re- comply with the additional notifica- sources or their environment; and tion requirements specified in para- (vii) Report unsafe sampling condi- graph (k)(2) of this section. When tions, pursuant to paragraph (m)(6) of NMFS notifies the vessel owner, oper- this section. ator, and/or manager of any require- (5) Probation and decertification. ment to carry an observer on a speci- NMFS may review observer and mon- fied trip in either an Access Area or itor certifications and issue observer Open Area as specified in paragraph and monitor certification probation (k)(3) of this section, the vessel may and/or decertification as described in not fish for, take, retain, possess, or NMFS policy found on the NMFS/FSB land any scallops without carrying an website specified in paragraph (h)(1) of observer. Vessels may only embark on this section. a scallop trip in open areas or Access (6) Issuance of decertification. Upon de- Areas without an observer if the vessel termination that decertification is owner, operator, and/or manager has warranted under paragraph (i)(5) of this been notified that the vessel has re- section, NMFS shall issue a written de- ceived a waiver of the observer require- cision to decertify the observer or mon- ment for that trip pursuant to para- itor to the observer or monitor and ap- graphs (k)(3) and (k)(4)(ii) of this sec- proved monitoring service providers tion. via certified mail at the observer’s or (2) Vessel notification procedures—(i) monitor’s most current address pro- Limited access vessels. Limited access vided to NMFS. The decision shall vessel owners, operators, or managers identify whether a certification is re- shall notify NMFS/FSB by telephone voked and shall identify the specific not more than 10 days prior to the be- reasons for the action taken. Decerti- ginning of any scallop trip of the time, fication is effective immediately as of port of departure, open area or specific the date of issuance, unless the decerti- Sea Scallop Access Area to be fished, fication official notes a compelling rea- and whether fishing as a scallop son for maintaining certification for a dredge, scallop trawl, or general cat- specified period and under specified egory vessel. conditions. Decertification is the final (ii) LAGC IFQ vessels. LAGC IFQ ves- decision of NMFS and the Department sel owners, operators, or managers of Commerce and may not be appealed. must notify the NMFS/FSB by tele- (j) Coverage. In the event that a ves- phone by 0001 hr of the Thursday pre- sel is requested by the Regional Ad- ceding the week (Sunday through Sat- ministrator to carry a NMFS-certified urday) that they intend to start any fisheries observer pursuant to para- open area or access area scallop trip graph (a) of this section and is also se- and must include the port of departure, lected to carry an at-sea monitor as open area or specific Sea Scallop Ac- part of an approved sector at-sea moni- cess Area to be fished, and whether

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fishing as a scallop dredge, scallop https://www.nefsc.noaa.gov/femad/fsb/. trawl vessel. If selected, up to two trips The observer service provider may take that start during the specified week up to 48 hr to arrange for observer de- (Sunday through Saturday) can be se- ployment for the specified scallop trip. lected to be covered by an observer. (ii) An owner, operator, or vessel NMFS/FSB must be notified by the manager of a vessel that cannot pro- owner, operator, or vessel manager of cure a certified observer within 48 hr of any trip plan changes at least 48 hr the advance notification to the pro- prior to vessel departure. vider due to the unavailability of an (3) Selection of scallop trips for observer observer may request a waiver from coverage. Based on predetermined cov- NMFS/FSB from the requirement for erage levels for various permit cat- observer coverage for that trip, but egories and areas of the scallop fishery only if the owner, operator, or vessel that are provided by NMFS in writing manager has contacted all of the avail- to all observer service providers ap- able observer service providers to se- proved pursuant to paragraph (h) of cure observer coverage and no observer this section, NMFS shall notify the is available. NMFS/FSB shall issue vessel owner, operator, or vessel man- such a waiver within 24 hr, if the condi- ager whether the vessel must carry an tions of this paragraph (g)(4)(ii) are observer, or if a waiver has been grant- met. A vessel may not begin the trip ed, for the specified scallop trip, within without being issued a waiver. 24 hr of the vessel owner’s, operator’s, (5) Cost of coverage. Owners of scallop or vessel manager’s notification of the vessels shall be responsible for paying prospective scallop trip, as specified in the cost of the observer for all scallop paragraph (k)(2) of this section. Any re- trips on which an observer is carried quest to carry an observer may be onboard the vessel, regardless of waived by NMFS. All waivers for ob- whether the vessel lands or sells sea server coverage shall be issued to the scallops on that trip, and regardless of vessel by VMS so as to have on-board the availability of set-aside for an in- verification of the waiver. A vessel creased possession limit or reduced may not fish in an area with an ob- DAS accrual rate. The owners of ves- server waiver confirmation number sels that carry an observer may be that does not match the scallop trip compensated with a reduced DAS ac- plan that was called in to NMFS. Con- crual rate for open area scallop trips or firmation numbers for trip notification additional scallop catch per day in Sea calls are only valid for 48 hr from the Scallop Access Areas or additional intended sail date. catch per open area or access area trip (4) Procurement of observer services by for LAGC IFQ trips in order to help de- scallop vessels. (i) An owner of a scallop fray the cost of the observer, under the vessel required to carry an observer program specified in §§ 648.53 and 648.60. under paragraph (k)(3) of this section (i) Observer service providers shall must arrange for carrying an observer establish the daily rate for observer certified through the observer training coverage on a scallop vessel on an Ac- class operated by the NMFS/FSB from cess Area trip or open area DAS or IFQ an observer service provider approved scallop trip consistent with paragraphs by NMFS under paragraph (h) of this (k)(5)(i)(A) and (B), respectively, of this section. The owner, operator, or vessel section. manager of a vessel selected to carry (A) Access Area trips. (1) For purposes an observer must contact the observer of determining the daily rate for an ob- service provider and must provide at served scallop trip on a limited access least 48-hr notice in advance of the vessel in a Sea Scallop Access Area fishing trip for the provider to arrange when that specific Access Area’s ob- for observer deployment for the speci- server set-aside specified in fied trip. The observer service provider § 648.60(d)(1) has not been fully utilized, will notify the vessel owner, operator, a service provider may charge a vessel or manager within 18 hr whether they owner for no more than the time an ob- have an available observer. A list of ap- server boards a vessel until the vessel proved observer service providers shall disembarks (dock to dock), where be posted on the NMFS/FSB website at ‘‘day’’ is defined as a 24-hr period, or

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any portion of a 24-hr period, regard- equals 27 hr, so the provider would less of the calendar day. For example, charge 1 day and 3 hr. if a vessel with an observer departs on (ii) NMFS shall determine any re- July 1 at 10 p.m. and lands on July 3 at duced DAS accrual rate and the 1 a.m., the time at sea equals 27 hr, amount of additional pounds of scal- which would equate to 2 full ‘‘days.’’ lops per day fished in a Sea Scallop Ac- (2) For purposes of determining the cess Area or on an open area LAGC IFQ daily rate in a specific Sea Scallop Ac- trips for the applicable fishing year cess Area for an observed scallop trip based on the economic conditions of on a limited access vessel taken after the scallop fishery, as determined by NMFS has announced the industry- best available information. Vessel own- funded observer set-aside in that spe- ers and observer service providers shall cific Access Area has been fully uti- be notified through the Small Entity lized, a service provider may charge a Compliance Guide of any DAS accrual vessel owner for no more than the time rate changes and any changes in addi- an observer boards a vessel until the tional pounds of scallops determined by vessel disembarks (dock to dock), the Regional Administrator to be nec- where ‘‘day’’ is defined as a 24-hr pe- essary. NMFS shall notify vessel own- riod, and portions of the other days ers and observer providers of any ad- would be pro-rated at an hourly charge justments. (taking the daily rate divided by 24). (iii) Owners of scallop vessels shall For example, if a vessel with an ob- pay observer service providers for ob- server services within 45 days of the server departs on July 1 at 10 p.m. and end of a fishing trip on which an ob- lands on July 3 at 1 a.m., the time server deployed. spent at sea equals 27 hr, which would (6) Coverage and cost requirements. equate to 1 day and 3 hr. When the available DAS or TAC set- (3) For purposes of determining the aside for observer coverage is ex- daily rate in a specific Sea Scallop Ac- hausted, vessels shall still be required cess Area for observed scallop trips on to carry an observer as specified in this an LAGC vessel, regardless of the sta- section, and shall be responsible for tus of the industry-funded observer set- paying for the cost of the observer, but aside, a service provider may charge a shall not be authorized to harvest addi- vessel owner for no more than the time tional pounds or fish at a reduced DAS an observer boards a vessel until the accrual rate. vessel disembarks (dock to dock), (l) NE multispecies observer coverage— where ‘‘day’’ is defined as a 24-hr pe- (1) Pre-trip notification. Unless other- riod, and portions of the other days wise specified in this paragraph (l), or would be pro-rated at an hourly charge notified by the Regional Adminis- (taking the daily rate divided by 24). trator, the owner, operator, or man- For example, if a vessel with an ob- ager of a vessel (i.e., vessel manager or server departs on July 1 at 10 p.m. and sector manager) issued a limited access lands on July 3 at 1 a.m., the time NE multispecies permit that is fishing spent at sea equals 27 hr, which would under a NE multispecies DAS or on a equate to 1 day and 3 hr. sector trip, as defined in this part, (B) Open area scallop trips. For pur- must provide advanced notice to NMFS poses of determining the daily rate for of the vessel name, permit number, and an observed scallop trip for DAS or sector to which the vessel belongs, if LAGC IFQ open area trips, regardless applicable; contact name and telephone of the status of the industry-funded ob- number for coordination of observer de- server set-aside, a service provider ployment; date, time, and port of de- shall charge dock to dock where ‘‘day’’ parture; and the vessel’s trip plan, in- is defined as a 24-hr period, and por- cluding area to be fished, whether a tions of the other days would be pro- monkfish DAS will be used, and gear rated at an hourly charge (taking the type to be used at least 48 hr prior to daily rate divided by 24). For example, departing port on any trip declared if a vessel with an observer departs on into the NE multispecies fishery pursu- the July 1st at 10 p.m. and lands on ant to § 648.10 or § 648.85, as instructed July 3rd at 1 a.m., the time at sea by the Regional Administrator, for the

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purposes of selecting vessels for ob- consistent with the following goals and server deployment. For trips lasting 48 objectives: hr or less in duration from the time the (i) Improve documentation of catch: vessel leaves port to begin a fishing (A) Determine total catch and effort, trip until the time the vessel returns for each sector and common pool, of to port upon the completion of the fish- target or regulated species; and ing trip, the vessel owner, operator, or (B) Achieve coverage level sufficient manager may make a weekly notifica- to minimize effects of potential moni- tion rather than trip-by-trip calls. For toring bias to the extent possible while weekly notifications, a vessel must no- maintaining as much flexibility as pos- tify NMFS by 0001 hr of the Friday pre- sible to enhance fleet viability. ceding the week (Sunday through Sat- (ii) Reduce the cost of monitoring: urday) that it intends to complete at (A) Streamline data management and least one NE multispecies DAS or sec- eliminate redundancy; tor trip during the following week and (B) Explore options for cost-sharing provide the date, time, port of depar- and deferment of cost to industry; and ture, area to be fished, whether a (C) Recognize opportunity costs of in- monkfish DAS will be used, and gear sufficient monitoring. type to be used for each trip during (iii) Incentivize reducing discards: that week. Trip notification calls must (A) Determine discard rate by small- be made no more than 10 days in ad- est possible strata while maintaining vance of each fishing trip. The vessel cost-effectiveness; and owner, operator, or manager must no- (B) Collect information by gear type tify NMFS of any trip plan changes at to accurately calculate discard rates. least 24 hr prior to vessel departure (iv) Provide additional data streams from port. A vessel may not begin the for stock assessments: trip without being issued an observer (A) Reduce management and/or bio- notification or a waiver by NMFS. logical uncertainty; and (2) Vessel selection for observer cov- (B) Perform biological sampling if it erage. NMFS shall notify the vessel may be used to enhance accuracy of owner, operator, or manager whether mortality or recruitment calculations. the vessel must carry an observer, or if (v) Enhance safety of monitoring pro- a waiver has been granted, for the spec- gram. ified trip within 24 hr of the vessel (vi) Perform periodic review of moni- owner’s, operator’s or manager’s notifi- toring program for effectiveness. cation of the prospective trip, as speci- (m) Atlantic herring monitoring cov- fied in paragraph (l)(1) of this section. erage—(1) Monitoring requirements. (i) In All trip notifications shall be issued a addition to the requirement for any unique confirmation number. A vessel vessel holding an Atlantic herring per- may not fish on a NE multispecies DAS mit to carry a NMFS-certified observer or sector trip with an observer waiver described in paragraph (a) of this sec- confirmation number that does not tion, vessels issued a Category A or B match the trip plan that was called in Herring Permit are subject to industry- to NMFS. Confirmation numbers for funded monitoring (IFM) requirements trip notification calls are valid for 48 on declared Atlantic herring trips, un- hr from the intended sail date. If a trip less the vessel is carrying a NMFS-cer- is interrupted and returns to port due tified observer to fulfill Standard By- to bad weather or other circumstance catch Reporting Methodology require- beyond the operator’s control, and goes ments. An owner of a midwater trawl back out within 48 hr, the same con- vessel, required to carry a NMFS-cer- firmation number and observer status tified observer when fishing in North- remains. If the layover time is greater east Multispecies Closed Areas at than 48 hr, a new trip notification must § 648.202(b), may purchase an IFM high be made by the operator, owner, or volume fisheries (HVF) observer to ac- manager of the vessel. cess Closed Areas on a trip-by-trip (3) NE multispecies monitoring program basis. General requirements for IFM goals and objectives. Monitoring pro- programs in New England Council grams established for the NE multispe- FMPs are specified in paragraph (g) of cies are to be designed and evaluated this section. Possible IFM monitoring

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for the Atlantic herring fishery in- tected species, such as sea turtles, ma- cludes NMFS-certified observers, at- rine mammals, and sea birds; and sea monitors, and electronic moni- (8) Vessel trip costs (i.e., operational toring and portside samplers, as de- costs for trip including food, fuel, oil, fined in § 648.2. and ice). (A) IFM HVF observers shall collect (9) The New England Council may the following information: recommend that at-sea monitors col- (1) Fishing gear information (e.g., lect additional biological information size of nets, mesh sizes, and gear con- upon request. Revisions to the duties of figurations); an at-sea monitor, such that additional (2) Tow-specific information (e.g., biological information would be col- depth, water temperature, wave height, lected, may be done via a framework and location and time when fishing be- adjustment. At-sea monitor duties may gins and ends); also be revised to collect additional bi- (3) Species, weight, and disposition of ological information by considering all retained and discarded catch (fish, the issue at a public meeting, where sharks, crustaceans, invertebrates, and public comment is accepted, and re- debris) on observed hauls; questing NMFS to publish a notice or (4) Species, weight, and disposition of rulemaking revising the duties for at- all retained catch on unobserved hauls; sea monitors. NMFS shall implement (5) Actual catch weights whenever revisions to at-sea monitor duties in possible, or alternatively, weight esti- accordance with the APA. mates derived by sub-sampling; (C) IFM Portside samplers shall col- lect the following information: (6) Whole specimens, photos, length information, and biological samples (1) Species, weight, and disposition of all retained catch (fish, sharks, crusta- (e.g., scales, otoliths, and/or vertebrae from fish, invertebrates, and incidental ceans, invertebrates, and debris) on takes); sampled trips; (2) Actual catch weights whenever (7) Information on interactions with possible, or alternatively, weight esti- protected species, such as sea turtles, mates derived by sub-sampling; and marine mammals, and sea birds; and (3) Whole specimens, photos, length (8) Vessel trip costs (i.e., operational information, and biological samples costs for trip including food, fuel, oil, (i.e., scales, otoliths, and/or vertebrae and ice). from fish, invertebrates, and incidental (B) IFM HVF at-sea monitors shall takes). collect the following information: (ii) Vessels issued a Category A or B (1) Fishing gear information (e.g., Herring Permit are subject to IFM at- size of nets, mesh sizes, and gear con- sea monitoring coverage. If the New figurations); England Council determines that elec- (2) Tow-specific information (e.g., tronic monitoring, used in conjunction depth, water temperature, wave height, with portside sampling, is an adequate and location and time when fishing be- substitute for at-sea monitoring on gins and ends); vessels fishing with midwater trawl (3) Species, weight, and disposition of gear, and it is approved by the Re- all retained and discarded catch (fish, gional Administrator as specified in sharks, crustaceans, invertebrates, and paragraph (m)(1)(iii) of this section, debris) on observed hauls; then owners of vessels issued a Cat- (4) Species, weight, and disposition of egory A or B Herring Permit may all retained catch on unobserved hauls; choose either IFM at-sea monitoring (5) Actual catch weights whenever coverage or IFM electronic monitoring possible, or alternatively, weight esti- and IFM portside sampling coverage, mates derived by sub-sampling; pursuant with requirements in para- (6) Length data, along with whole graphs (h) and (i) of this section. Once specimens and photos to verify species owners of vessels issued a Category A identification, on retained and dis- or B Herring Permit may choose an carded catch; IFM monitoring type, vessel owners (7) Information on and biological must select one IFM monitoring type samples from interactions with pro- per fishing year and notify NMFS of

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their selected IFM monitoring type via Council, may approve the use of elec- selection form six months in advance tronic monitoring and portside sam- of the beginning of the SBRM year (Oc- pling for the Atlantic herring fishery tober 31). NMFS will provide vessels in a manner consistent with the Ad- owners with selection forms no later ministrative Procedure Act, with final than September 1 in advance of the be- measures published in the FEDERAL ginning of the SBRM year. REGISTER. A vessel electing to use elec- (A) In a future framework adjust- tronic monitoring and portside sam- ment, the New England Council may pling in lieu of at-sea monitoring must consider if electronic monitoring and develop a vessel monitoring plan to im- portside sampling coverage is an ade- plement an electronic monitoring and quate substitute for at-sea monitoring portside sampling program that NMFS coverage for Atlantic herring vessels determines is sufficient for monitoring that fish with purse seine and/or bot- catch, discards and slippage events. tom trawl gear. The electronic monitoring and portside (B) IFM coverage targets for the At- sampling program shall be reviewed lantic herring fishery are calculated by and approved by NMFS as part of a ves- NMFS, in consultation with New Eng- sel’s monitoring plan on a yearly basis land Council staff. in a manner consistent with the Ad- (C) If IFM coverage targets do not ministrative Procedure Act. match for the Atlantic herring and At- (iv) Owners, operators, or managers lantic mackerel fisheries, then the of vessels issued a Category A or B Her- higher IFM coverage target would ring Permit are responsible for their apply on trips declared into both fish- vessel’s compliance with IFM require- eries. ments. When NMFS notifies a vessel (D) Vessels intending to land less owner, operator, or manager of the re- than 50 mt of Atlantic herring are ex- quirement to have monitoring cov- empt from IFM requirements, provided erage on a specific declared Atlantic that the vessel requests and is issued a herring trip, that vessel may not fish waiver prior to departing on that trip, for, take, retain, possess, or land any consistent with paragraphs Atlantic herring without the required (m)(2)(iii)(B) and (m)(3) of this section. monitoring coverage. Vessels may only Vessels issued a waiver must land less embark on a declared Atlantic herring than 50 mt of Atlantic herring on that trip without the required monitoring trip. coverage if the vessel owner, operator, (E) A wing vessel (i.e., midwater and/or manager has been notified that trawl vessel pair trawling with another the vessel has received a waiver for the midwater trawl vessel) is exempt from required monitoring coverage for that IFM requirements on a trip, provided trip, pursuant to paragraphs the wing vessel does not possess or land (m)(2)(iii)(B) and (C) and (m)(3) of this any fish on that trip and requests and section. is issued a waiver prior to departing on (v) To provide the required IFM cov- that trip, consistent with paragraphs erage aboard declared Atlantic herring (m)(2)(iii)(C) and (m)(3) of this section. trips, NMFS-certified observers and (F) Two years after implementation monitors must hold a high volume fish- of IFM in the Atlantic herring fishery, eries certification from NMFS/FSB. the New England Council will examine See details of high volume certification the results of any increased coverage in at https://www.nefsc.noaa.gov/fsb/train- the Atlantic herring fishery and con- ing/. sider if adjustments to the IFM cov- (2) Pre-trip notification. (i) At least 48 erage targets are warranted. hr prior to the beginning of any trip on (iii) Electronic monitoring and port- which a vessel may harvest, possess, or side sampling coverage may be used in land Atlantic herring, the owner, oper- place of at-sea monitoring coverage in ator, or manager of a vessel issued a the Atlantic herring fishery, if the limited access herring permit (i.e., Cat- electronic monitoring technology is egory A, B, or C) or a vessel issued an deemed sufficient by the New England open access herring permit (Category D Council. The Regional Administrator, or E) fishing with midwater trawl gear in consultation with the New England in Management Areas 1A, 1B, and/or 3,

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as defined in § 648.200(f)(1) and (3), or a the NMFS/FSB and from a monitoring vessel acting as a herring carrier must service provider approved by NMFS notify NMFS/FSB of the trip. under paragraph (h) of this section. (ii) The notification to NMFS/FSB The owner, operator, or vessel manager must include the following informa- of a vessel selected for monitoring tion: Vessel name or permit number; must contact a monitoring service pro- email and telephone number for con- vider prior to the beginning of the trip tact; the date, time, and port of depar- and the monitoring service provider ture; trip length; and gear type. will notify the vessel owner, operator, (iii) For vessels issued a Category A or manager whether monitoring is or B Herring Permit, the trip notifica- available. A list of approved moni- tion must also include the following re- toring service providers shall be posted quests, if appropriate: on the NMFS/FSB website at https:// (A) For IFM NMFS-certified observer www.nefsc.noaa.gov/femad/fsb/. coverage aboard vessels fishing with (ii) An owner, operator, or vessel midwater trawl gear to access the manager of a vessel that cannot pro- Northeast Multispecies Closed Areas, cure monitoring due to the unavail- consistent with requirements at ability of monitoring may request a § 648.202(b), at any point during the waiver from NMFS/FSB from the re- trip; quirement for monitoring on that trip, (B) For a waiver of IFM requirements but only if the owner, operator, or ves- on a trip that shall land less than 50 mt sel manager has contacted all of the of Atlantic herring; and available monitoring service providers (C) For a waiver of IFM requirements to secure monitoring and no moni- on trip by a wing vessel as described in toring is available. NMFS/FSB shall paragraph (m)(ii)(E) of this section. issue a waiver, if the conditions of this (iv) Trip notification must be pro- paragraph (m)(4)(ii) are met. A vessel vided no more than 10 days in advance without monitoring coverage may not of each fishing trip. The vessel owner, begin a declared Atlantic herring trip operator, or manager must notify without having been issued a waiver. NMFS/FSB of any trip plan changes at (iii) Vessel owners shall pay service least 12 hr prior to vessel departure providers for monitoring services with- from port. in 45 days of the end of a fishing trip (3) Selection of trips for monitoring cov- that was monitored. erage. NMFS shall notify the owner, op- erator, and/or manager of a vessel with (5) Vessels working cooperatively. When an Atlantic herring permit whether a vessels issued limited access herring declared Atlantic herring trip requires permits are working cooperatively in coverage by a NMFS-funded observer the Atlantic herring fishery, including or whether a trip requires IFM cov- pair trawling, purse seining, and trans- erage. NMFS shall also notify the ferring herring at-sea, each vessel must owner, operator, and/or manager of ves- provide to observers or monitors, when sel if a waiver has been granted, either requested, the estimated weight of for the NMFS-funded observer or for each species brought on board and the IFM coverage, as specified in para- estimated weight of each species re- graph (m)(2) of this section. All waivers leased on each tow. for monitoring coverage shall be issued (6) Sampling requirements for NMFS- to the vessel by VMS so that there is certified observer and monitors. In addi- an on-board verification of the waiver. tion to the requirements at § 648.11(d)(1) A waiver is invalid if the fishing behav- through (7), an owner or operator of a ior on that trip is inconsistent with the vessel issued a limited access herring terms of the waiver. permit on which a NMFS-certified ob- (4) Procurement of monitoring services server or monitor is embarked must by Atlantic herring vessels. (i) An owner provide observers or monitors: of an Atlantic herring vessel required (i) A safe sampling station adjacent to have monitoring under paragraph to the fish deck, including: A safety (m)(3) of this section must arrange for harness, if footing is compromised and monitoring by an individual certified grating systems are high above the through training classes operated by deck; a safe method to obtain samples;

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and a storage space for baskets and (iii) If a vessel issued any limited ac- sampling gear. cess herring permit slips catch, the (ii) Reasonable assistance to enable vessel operator must report the slip- observers or monitors to carry out page event on the Atlantic herring their duties, including but not limited daily VMS catch report and indicate to assistance with: Obtaining and sort- the reason for slipping catch. Addition- ing samples; measuring decks, codends, ally, the vessel operator must complete and holding bins; collecting bycatch and sign a Released Catch Affidavit de- when requested by the observers or tailing: The vessel name and permit monitors; and collecting and carrying number; the VTR serial number; where, baskets of fish when requested by the when, and the reason for slipping observers or monitors. catch; the estimated weight of each (iii) Advance notice when pumping species brought on board or slipped on will be starting; when sampling of the that tow. A completed affidavit must catch may begin; and when pumping is be submitted to NMFS within 48 hr of coming to an end. the end of the trip. (iv) Visual access to the net, the (iv) If a vessel issued a Category A or codend of the net, and the purse seine B Herring permit slips catch for any of bunt and any of its contents after the reasons described in paragraph pumping has ended and before the (m)(7)(i) of this section when an ob- pump is removed from the net. On server or monitor is aboard, the vessel trawl vessels, the codend including any operator must move at least 15 nm remaining contents must be brought on (27.78 km) from the location of the slip- board, unless bringing the codend on board is not possible. If bringing the page event before deploying any gear codend on board is not possible, the again, and must stay at least 15 nm vessel operator must ensure that the (27.78 km) away from the slippage observer or monitor can see the codend event location for the remainder of the and its contents as clearly as possible fishing trip. before releasing its contents. (v) If a vessel issued a Category A or (7) Measures to address slippage. (i) No B Herring permit slips catch for any vessel issued a limited access herring reason on a trip selected by NMFS for permit may slip catch, as defined at portside sampling, pursuant to para- § 648.2, except in the following cir- graph (m)(3) of this section, the vessel cumstances: operator must move at least 15 nm (A) The vessel operator has deter- (27.78 km) from the location of the slip- mined, and the preponderance of avail- page event before deploying any gear able evidence indicates that, there is a again, and must stay at least 15 nm compelling safety reason; or (27.78 km) away from the slippage (B) A mechanical failure, including event location for the remainder of the gear damage, precludes bringing some fishing trip. or all of the catch on board the vessel (vi) If catch is slipped by a vessel for inspection; or issued a Category A or B Herring per- (C) The vessel operator determines mit for any reason not described in that pumping becomes impossible as a paragraph (m)(7)(i) of this section when result of spiny dogfish clogging the an observer or monitor is aboard, the pump intake. The vessel operator shall vessel operator must immediately ter- take reasonable measures, such as minate the trip and return to port. No strapping and splitting the net, to re- fishing activity may occur during the move all fish which can be pumped return to port. from the net prior to release. (n) Atlantic mackerel, squid, and (ii) Vessels may make test tows with- butterfish observer coverage—(1) Pre-trip out pumping catch on board if the net notification. (i) A vessel issued a limited is re-set without releasing its contents access Atlantic mackerel permit, as provided that all catch from test tows specified at § 648.4(a)(5)(iii), must, for is available to the observer to sample when the next tow is brought on board the purposes of observer deployment, for sampling. have a representative provide notice to

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NMFS of the vessel name, vessel per- resentative notify NMFS of an upcom- mit number, contact name for coordi- ing trip, is selected by NMFS to carry nation of observer deployment, tele- an observer, and then cancels that trip, phone number or email address for con- the representative is required to pro- tact; and the date, time, port of depar- vide notice to NMFS of the vessel ture, gear type, and approximate trip name, vessel permit number, contact duration, at least 48 hr, but no more name for coordination of observer de- than 10 days, prior to beginning any ployment, and telephone number or fishing trip, unless it complies with the email address for contact, and the in- possession restrictions in paragraph tended date, time, and port of depar- (n)(1)(iii) of this section. ture for the cancelled trip prior to the (ii) A vessel that has a representative planned departure time. In addition, if provide notification to NMFS as de- a trip selected for observer coverage is scribed in paragraph (n)(1)(i) of this cancelled, then that vessel is required section may only embark on an Atlan- to carry an observer, provided an ob- tic mackerel trip without an observer server is available, on its next trip. if a vessel representative has been noti- (2) Sampling requirements for limited fied by NMFS that the vessel has re- access Atlantic mackerel and longfin ceived a waiver of the observer require- squid/butterfish moratorium permit hold- ment for that trip. NMFS shall notify ers. In addition to the requirements in a vessel representative whether the paragraphs (d)(1) through (7) of this vessel must carry an observer, or if a section, an owner or operator of a ves- waiver has been granted, for the spe- sel issued a limited access Atlantic cific Atlantic mackerel trip, within 24 mackerel or longfin squid/butterfish hr of the vessel representative’s notifi- moratorium permit on which a NMFS- cation of the prospective Atlantic certified observer is embarked must mackerel trip, as specified in para- provide observers: graph (n)(1)(i) of this section. Any re- (i) A safe sampling station adjacent quest to carry an observer may be to the fish deck, including: A safety waived by NMFS. A vessel that fishes harness, if footing is compromised and with an observer waiver confirmation grating systems are high above the number that does not match the Atlan- deck; a safe method to obtain samples; tic mackerel trip plan that was called and a storage space for baskets and in to NMFS is prohibited from fishing sampling gear. for, possessing, harvesting, or landing (ii) Reasonable assistance to enable Atlantic mackerel except as specified observers to carry out their duties, in- in paragraph (n)(1)(iii) of this section. cluding but not limited to assistance Confirmation numbers for trip notifi- with: Obtaining and sorting samples; cation calls are only valid for 48 hr measuring decks, codends, and holding from the intended sail date. bins; collecting bycatch when re- (iii) A vessel issued a limited access quested by the observers; and col- Atlantic mackerel permit, as specified lecting and carrying baskets of fish in § 648.4(a)(5)(iii), that does not have a when requested by the observers. representative provide the trip notifi- (iii) Advance notice when pumping cation required in paragraph (n)(1)(i) of will be starting; when sampling of the this section is prohibited from fishing catch may begin; and when pumping is for, possessing, harvesting, or landing coming to an end. more than 20,000 lb (9.07 mt) of Atlantic (3) Measures to address slippage. (i) No mackerel per trip at any time, and may vessel issued a limited access Atlantic only land Atlantic mackerel once on mackerel permit or a longfin squid/ any calendar day, which is defined as butterfish moratorium permit may slip the 24-hr period beginning at 0001 hours catch, as defined at § 648.2, except in and ending at 2400 hours. the following circumstances: (iv) If a vessel issued a limited access (A) The vessel operator has deter- Atlantic mackerel permit, as specified mined, and the preponderance of avail- in § 648.4(a)(5)(iii), intends to possess, able evidence indicates that, there is a harvest, or land more than 20,000 lb compelling safety reason; or (9.07 mt) of Atlantic mackerel per trip (B) A mechanical failure, including or per calendar day, and has a rep- gear damage, precludes bringing some

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or all of the catch on board the vessel (Atlantic surfclam and ocean quahog), for sampling and inspection; or F (NE multispecies and monkfish), G (C) The vessel operator determines (summer flounder), H (scup), I (black that pumping becomes impossible as a sea bass), J (Atlantic bluefish), K (At- result of spiny dogfish clogging the lantic herring), L (spiny dogfish), M pump intake. The vessel operator shall (Atlantic deep-sea red crab), N take reasonable measures, such as (tilefish), O (skates), and P (Mid-Atlan- strapping and splitting the net, to re- tic forage species) of this part for the move all fish that can be pumped from conduct of experimental fishing bene- the net prior to release. ficial to the management of the re- (ii) If a vessel issued any limited ac- sources or fishery managed under that cess Atlantic mackerel permit slips subpart. The Regional Administrator catch, the vessel operator must report the slippage event on the Atlantic shall consult with the Executive Direc- mackerel and longfin squid daily VMS tor of the MAFMC before approving catch report and indicate the reason any exemptions for the Atlantic chub for slipping catch. Additionally, vessels mackerel, Atlantic mackerel, Illex issued a limited Atlantic mackerel per- squid, longfin squid butterfish, summer mit or a longfin squid/butterfish mora- flounder, scup, black sea bass, spiny torium permit, the vessel operator dogfish, bluefish, and tilefish fisheries, must complete and sign a Released including exemptions for experimental Catch Affidavit detailing: The vessel fishing contributing to the develop- name and permit number; the VTR se- ment of new or expansion of existing rial number; where, when, and the rea- fisheries for Mid-Atlantic forage spe- son for slipping catch; the estimated cies. weight of each species brought on (a) The Regional Administrator may board or slipped on that tow. A com- not grant such an exemption unless he/ pleted affidavit must be submitted to she determines that the purpose, de- NMFS within 48 hr of the end of the sign, and administration of the exemp- trip. tion is consistent with the manage- (iii) If a vessel issued a limited access ment objectives of the respective FMP, Atlantic mackerel permit slips catch the provisions of the Magnuson-Ste- for any of the reasons described in vens Act, and other applicable law, and paragraph (n)(3)(i) of this section, the that granting the exemption will not: vessel operator must move at least 15 (1) Have a detrimental effect on the nm (27.8 km) from the location of the respective resources and fishery; slippage event before deploying any (2) Cause any quota to be exceeded; gear again, and must stay at least 15 or nm (27.8 km) from the slippage event location for the remainder of the fish- (3) Create significant enforcement ing trip. problems. (iv) If catch is slipped by a vessel (b) Each vessel participating in any issued a limited access Atlantic mack- exempted experimental fishing activity erel permit for any reason not de- is subject to all provisions of the re- scribed in paragraph (n)(3)(i) of this spective FMP, except those necessarily section, the vessel operator must im- relating to the purpose and nature of mediately terminate the trip and re- the exemption. The exemption will be turn to port. No fishing activity may specified in a letter issued by the Re- occur during the return to port. gional Administrator to each vessel participating in the exempted activity. [85 FR 7431, Feb. 7, 2020, as amended at 85 FR 26882, May 6, 2020; 85 FR 43152, July 15, 2020; This letter must be carried on board 85 FR 47112, Aug. 4, 2020] the vessel seeking the benefit of such exemption. § 648.12 Experimental fishing. (c) Experimental fishing for The Regional Administrator may ex- surfclams or ocean quahogs will not re- empt any person or vessel from the re- quire an allocation permit. quirements of subparts A (General pro- (d) Temporary possession letter of au- visions), B (mackerel, squid, and thorization (LOA): The Regional Admin- butterfish), D (Atlantic sea scallop), E istrator (RA), or the RA’s designee,

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may issue an LOA to eligible research- formation is available and before oper- ers on board federally permitted fish- ations begin, the applicant is required ing vessels on which species of fish that to supply to NMFS the vessel operator otherwise could not be legally retained name, the vessel’s Federal fishing per- would be possessed temporarily for the mit number, and the vessel registra- purpose of collecting catch data. Under tion or documentation number. this authorization, such species of fish could be retained temporarily for data [61 FR 58466, Nov. 15, 1996, as amended at 62 collection purposes, but shall be dis- FR 37156, July 11, 1997; 65 FR 45852, July 26, carded as soon as practicable following 2000; 65 FR 77466, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 68 FR 49700, Aug. 19, 2003; 75 FR data collection. 1022, Jan. 8, 2010; 76 FR 60649, Sept. 29, 2011; (1) Eligible activities. An LOA may be 82 FR 40732, Aug. 28, 2017; 85 FR 47112, Aug. 4, issued by the RA, or the RA’s designee, 2020] to temporarily exempt a vessel, on which a qualified fishery research tech- § 648.13 Transfers at sea. nician is collecting catch data, from (a) Vessels issued a longfin squid, the following types of fishery regula- tions: Minimum fish size restrictions; butterfish, or Illex squid moratorium fish possession limits; species quota permit and vessels issued a squid/ closures; prohibited fish species, not in- butterfish incidental catch permit may cluding species protected under the En- transfer or attempt to transfer or re- dangered Species Act; and gear-specific ceive longfin squid, Illex squid, or fish possession restrictions. butterfish only if authorized in writing (2) Eligibility criteria. Only personnel by the Regional Administrator through from the following bodies are eligible the issuance of a letter of authoriza- for a temporary possession LOA: For- tion (LOA). eign government agency; U.S. Govern- (b)(1) Except as provided in para- ment agency; U.S. state or territorial graph (b)(2) of this section, vessels agency; university (or other edu- issued a multispecies permit under cational institution accredited by a § 648.4(a)(1) or a scallop permit under recognized national or international § 648.4(a)(2) are prohibited from trans- accreditation body); international ferring or attempting to transfer any treaty organization; or scientific insti- fish from one vessel to another vessel, tution. except that vessels issued a Federal (3) Application requirements. To obtain multispecies permit under § 648.4(a)(1) a temporary possession LOA, an eligi- and specifically authorized in writing ble applicant, as defined under para- by the Regional Administrator to do graph (d)(2) of this section, is required so, may transfer species other than to submit a complete application, regulated species from one vessel to which must contain the following in- another vessel. formation: The date of the application; (2) Vessels issued a Federal multispe- the applicant’s name, mailing address, cies permit under § 648.4(a)(1) may and telephone number; a statement of transfer from one vessel to another, for the purposes and goals for which the use as bait, up to 500 lb (226.8 kg) of sil- LOA is needed; the name(s) and affili- ver hake and unlimited amounts of red ation of the fishery research techni- hake, per trip, provided: cians will collect the data; a statement demonstrating the qualifications of the (i) The transferring vessel possesses a research technician that will collect Federal multispecies permit as speci- the data; the species (target and inci- fied under § 648.4(a)(1); dental) expected to be harvested under (ii) The transferring vessel has a let- the LOA; the proposed disposition of ter of authorization issued by the Re- all regulated species harvested under gional Administrator on board; and the LOA; the approximate time(s) and (iii) The receiving vessel possesses a place(s) fishing will take place; the written receipt for any small-mesh type, size, and amount of gear to be multispecies purchased at sea. used; and the signature of the appli- (c) All persons are prohibited from cant. In addition, for each vessel to be transferring or attempting to transfer covered by the LOA, as soon as the in- NE multispecies or scallops from one

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vessel to another vessel, except in ac- the vessel receiving fish or any author- cordance with paragraph (b) of this sec- ized officer upon request; and tion. (B) Provided that the transfer of her- (d) All persons are prohibited from ring at sea to another vessel for per- transferring or attempting to transfer sonal use as bait does not exceed the at sea summer flounder from one vessel possession limit specified for the trans- to another vessel, except for vessels ferring vessel in § 648.204, except that that have not been issued a Federal no more than 2,000 lb (907.2 kg) of her- permit and fish exclusively in state wa- ring may be caught or transferred per ters. trip or per calendar day if the vessel is (e) Vessels issued a letter of author- in, or the fish were harvested from, a ization from the Regional Adminis- management area closed to fishing as trator to transfer small-mesh multispe- specified in § 648.201. cies at sea for use as bait will auto- (2) Atlantic herring carrier vessels. (i) A matically have 500 lb (226.8 kg) de- vessel issued an Atlantic herring per- ducted from the vessel’s combined sil- mit may operate as a herring carrier ver hake and offshore hake possession vessel and receive herring provided it limit, as specified under § 648.86(d), for either is issued a carrier vessel letter every trip during the participation pe- of authorization and complies with the riod specified on the letter of author- terms of that authorization, as speci- ization, regardless of whether a trans- fied in § 648.4(a)(10)(ii), or it must have fer of small-mesh multispecies at sea been issued and have on board a her- occurred or whether the actual amount ring permit and have declared an At- that was transferred was less than 500 lantic herring carrier trip via VMS, lb (226.8 kg). This deduction shall be consistent with the requirements at noted on the transferring vessel’s let- § 648.10(l)(1). ter of authorization from the Regional (ii) A vessel issued an Atlantic her- Administrator. ring permit may transfer herring at sea (f) Atlantic herring. With the excep- to an Atlantic herring carrier up to the tion of transfers made to an at-sea applicable possession limits specified processing vessel issued the required in § 648.204, provided it is issued a letter permit under § 648.6(a)(2)(ii), any person of authorization for the transfer of her- or vessel, including any vessel issued ring and that no more than 2,000 lb an Atlantic herring permit, is prohib- (907.2 kg) of herring may be caught or ited from transferring, receiving, or at- transferred at sea per trip or per cal- tempting to transfer or receive any At- endar day if the vessel is in, or the fish lantic herring taken from the EEZ, ex- were harvested from, an area closed to cept as authorized in this paragraph (f), directed fishing as specified in § 648.201. and in compliance with reporting re- (3) If a herring management area has quirements at § 648.7 (b)(2)(i)(D). been closed to fishing as specified in (1) Personal use as bait. (i) The oper- § 648.201, a vessel may not transfer At- ator of a vessel that is not issued an lantic herring harvested from or in the Atlantic herring permit may purchase area to an IWP or Joint Venture vessel. and/or receive Atlantic herring at sea (4) If the amount of herring trans- for personal use as bait, provided the shipped to a Canadian transshipment vessel receiving the transfer does not vessel would cause the amount of the have purse seine, midwater trawl, pe- border transfer specified pursuant to lagic gillnet, sink gillnet, or bottom § 648.200 to be exceeded, a vessel may trawl gear on board; not transfer Atlantic herring to a Ca- (ii) A vessel issued an Atlantic her- nadian transshipment vessel permitted ring permit may transfer herring at sea in accordance with Public Law 104–297. to another vessel for personal use as (5) Transfer to at-sea processors. A ves- bait: sel issued an Atlantic herring permit (A) Provided the transferring vessel may transfer herring to a vessel issued is issued a letter of authorization to an at-sea processing permit specified in transfer fish. The operator of the trans- § 648.6(a)(2)(ii), up to the applicable pos- ferring vessel must show the letter of session limit specified in § 648.204, ex- authorization to a representative of cept that no more than 2,000 lb (907.2

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kg) of herring may be caught or trans- sons or vessels issued a Federal scup ferred at sea per trip or per calendar permit are prohibited from transfer- day if the vessel is in, or the fish were ring, or attempting to transfer, at sea harvested from, a management area any scup to any vessel, and all persons closed to directed fishing as specified or vessels are prohibited from transfer- in § 648.201. ring, or attempting to transfer, at sea (6) Transfers between herring vessels. A to any vessel any scup while in the vessel issued a valid Atlantic herring EEZ, or any scup taken in or from the permit may transfer and receive her- EEZ portion of the Scup Management ring at sea, provided such vessel has Unit. been issued a letter of authorization (2) The owner or operator of a vessel from the Regional Administrator to issued a Federal scup permit under transfer or receive herring at sea. Such vessel may not transfer, receive, or § 648.4(a)(6)(i)(A) may transfer at sea possess at sea, or land per trip herring scup taken in or from the EEZ portion in excess of the applicable possession of the Scup Management Unit, pro- limits specified in § 648.204, except that vided: no more than 2,000 lb (907.2 kg) of her- (i) The transfer occurs between two ring may be caught, transferred, re- vessels with Federal scup permits; ceived, or possessed at sea, or landed (ii) The transfer occurs seaward of a per trip or per calendar day if the ves- boundary line that begins at 40°50′ N. sel is in, or the fish were harvested lat., 70°00′ W. long., and runs south to from, a management area closed to di- connect points at 40°15′ N. lat., 73°30′ W. rected fishing as specified in § 648.201. long.; 37°50′ N. lat., 75°00′ W. long.; and (g) All persons are prohibited from 35°30′ N. lat., 75°00′ W. long.; transferring at sea, either directly or (iii) The donating and receiving ves- indirectly, or attempting to transfer at sels possess gear that meets the re- sea to any vessel, any red crab or red quirements at § 648.125(a)(2), (3), and (4) crab parts, taken in or from the EEZ for commercial scup fishing gear; portion of the Red Crab Management (iv) The transfer occurs in the Winter Unit. I or Winter II periods of the scup fish- (h) Skates. (1) Except as provided in ing year; paragraph (h)(2) of this section, all per- sons or vessels issued a Federal skate (v) There is only one transfer per permit are prohibited from transfer- fishing trip for the donor vessel; ring, or attempting to transfer, at sea (vi) The donor vessel removes only any skates to any vessel, and all per- enough scup from the net to attain the sons or vessels not issued a Federal scup possession limit; skate permit are prohibited from trans- (vii) After removal of scup from the ferring, or attempting to transfer, at net by the donor vessel, the entire sea to any vessel any skates while in codend, with all its contents, is trans- the EEZ, or skates taken in or from ferred to the receiving vessel; the EEZ portion of the Skate Manage- (viii) Only scup in an amount not to ment Unit. exceed the possession limit are re- (2) Vessels and vessel owners or oper- tained by the receiving vessel; ators issued Federal skate permits (ix) While fishing for scup, all other under § 648.4(a)(14) may transfer at sea nets are stored and not available for skates taken in or from the EEZ por- immediate use as defined in § 648.2; and tion of the Skate Management Unit, (x) The donating and receiving ves- provided: (i) The transferring vessel possesses sels report the transfer amount on the on board a valid letter of authorization vessel trip report for each vessel. issued by the Regional Administrator [61 FR 34968, July 3, 1996] as specified under § 648.322(c); and (ii) The transferring vessel and vessel EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 648.13, see the List of CFR owner or operator comply with the re- Sections Affected, which appears in the quirements specified at § 648.322(c). Finding Aids section of the printed volume (i) Scup. (1) Except as provided in and at www.govinfo.gov. paragraph (i)(2) of this section, all per-

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§ 648.14 Prohibitions. (10) Food safety program. (i) Purchase, (a) General prohibitions. It is unlawful receive for a commercial purpose other for any person to do any of the fol- than transport to a testing facility, or lowing: process; or attempt to purchase, re- (1) Violate any provision of this part, ceive for commercial purpose other the Magnuson-Stevens Act, or any reg- than transport to a testing facility; or ulation, notice, or permit issued under process, outside Maine, ocean quahogs the Magnuson-Stevens Act, or any harvested in or from the EEZ within other statute administered by NOAA. the Maine mahogany quahog zone, ex- (2) Assist, aid, or abet in the commis- cept at a facility participating in an sion of any act prohibited by the Mag- overall food safety program, operated nuson-Stevens Act; or any regulation, by the official state agency having ju- notice, or permit issued under the Mag- risdiction, that utilizes food safety- nuson-Stevens Act; or any other stat- based procedures including sampling ute administered by NOAA. and analyzing for PSP toxin consistent (3) Fail to report to the Regional Ad- with procedures used by the State of ministrator within 15 days any change Maine for such purpose. in the information contained in any (ii) Land ocean quahogs outside permit or permit application. Maine that are harvested in or from (4) Falsify or fail to affix and main- the EEZ within the Maine mahogany tain vessel markings as required by quahog zone, except at a facility par- § 648.8. ticipating in an overall food safety pro- (5) Make any false statement or pro- gram, operated by the official state vide any false information on, or in agency having jurisdiction, that uti- connection with, an application, dec- lizes food safety-based procedures in- laration, record or report under this cluding sampling and analyzing for part. PSP toxin consistent with procedures (6) Fail to comply in an accurate and used by the State of Maine for such timely fashion with the log report, re- purpose. porting, record retention, inspection, (iii)—(iv) [Reserved] or other requirements of § 648.7, or sub- (v) Fish for, harvest, catch, possess, mit or maintain false information in or attempt to fish for, harvest, catch, records and reports required to be kept or possess Atlantic surfclams and or filed under § 648.7. ocean quahogs from the reopened por- (7) Possess, import, export, transfer, tion of the Georges Bank Closed Area, land, or have custody or control of any as defined in § 648.76(a)(4), unless issued species of fish regulated pursuant to a Letter of Authorization, and fishing this part that do not meet the min- under the appropriate VMS declaration imum size provisions in this part, un- and under the terms and conditions of less such species were harvested exclu- the PSP testing protocol, as specified sively within state waters by a vessel in § 648.76(a)(4)(i). that does not hold a valid permit under (b) Vessel and operator permits. It is this part, or are species included in the unlawful for any person to do any of NE Multispecies Fishery Management the following: Plan that were harvested by a vessel (1) Fish for, take, catch, harvest or issued a valid High Seas Fishing Com- land any species of fish regulated by pliance permit that fished exclusively this part in or from the EEZ, unless in the NAFO Regulatory Area. the vessel has a valid and appropriate (8) Fail to comply with any sea turtle permit issued under this part and the conservation measure specified in 50 permit is on board the vessel and has CFR parts 222 and 223, including any not been surrendered, revoked, or sus- sea turtle conservation measure imple- pended. mented by notification in the FEDERAL (2) Alter, erase, or mutilate any per- REGISTER. mit issued under this part or any docu- (9) Violate any provision of an in-sea- ment submitted in support of an appli- son action to adjust trip limits, gear cation for any such permit. usage, season, area access and/or clo- (3) Operate or act as operator of a sure, or any other measure authorized vessel that fishes for or possesses any by this part. species of fish regulated by this part,

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or that is issued a vessel permit pursu- ance with § 648.264. Bottom-tending ant to this part, without having been gear includes but is not limited to bot- issued and possessing a valid operator’s tom-tending otter trawls, bottom-tend- permit. ing beam trawls, hydraulic dredges, (4) Fish for, possess, or land species non-hydraulic dredges, bottom-tending regulated under this part with or from seines, bottom longlines, pots and a vessel that is issued a limited access traps, and sink or anchored gill nets. or moratorium permit under § 648.4(a) (11) If fishing with bottom-tending and that has had the horsepower or mobile gear, fish in, enter, be on a fish- length overall of such vessel or its re- ing vessel in, the EFH closure areas de- placement upgraded or increased in ex- scribed in § 648.371, unless otherwise ex- cess of the limitations specified in empted. § 648.4(a)(1)(i)(E) and (F). (12) Unless otherwise exempted, fish (5) Fish for, take, catch, harvest or in the Dedicated Habitat Research land any species of fish regulated by this part for which the vessel is eligible Areas defined in § 648.371. to possess under a limited access or (c) Dealer permits. It is unlawful for moratorium permit prior to the time any person to do any of the following: the vessel has been reissued the appli- (1) Purchase, possess or receive for a cable limited access or moratorium commercial purpose; or attempt to pur- permit by NMFS. chase, possess or receive for a commer- (6) Attempt to replace a limited ac- cial purpose; other than solely for cess or moratorium fishing vessel, as transport on land, any species regu- specified at § 648.4(a)(1)(i)(E), more than lated under this part unless in posses- once during a permit year, unless the sion of a valid dealer permit issued vessel has been rendered permanently under this part, except that this prohi- inoperable. bition does not apply to species that (7) Purchase, possess, or receive from are purchased or received from a vessel a vessel for a commercial purpose, not issued a permit under this part other than solely for transport on land, that fished exclusively in state waters, any species of fish for which a vessel or pursuant to the § 648.17 NAFO Regu- permit is required under this part, un- latory Area exemptions. less the vessel possesses a valid vessel (2) Sell, barter, trade, or transfer; or permit issued under this part. attempt to sell, barter, trade, or trans- (8) Transfer, remove, or offload, for a fer; other than solely for transport on commercial purpose; or attempt to land, any Atlantic herring, multispe- transfer, remove, land, or offload, for a cies, or monkfish from a vessel that commercial purpose; at sea, any spe- fished for such species in the EEZ, un- cies regulated under this part, unless less the dealer or transferee has a valid the transferring vessel has been issued dealer permit issued under § 648.6. A and carries on board a valid LOA from person who purchases and/or receives the Regional Administrator, or is oth- Atlantic herring at sea for his own per- erwise exempted, and the receiving ves- sonal use as bait, and does not have sel has been issued and has on board a valid Federal permit for the species purse seine, mid-water trawl, pelagic that is being transferred. gillnet, sink gillnet, or bottom trawl (9) Fish for, possess, or retain fish, gear on board, is exempt from the re- during a fishing trip, aboard a Feder- quirement to possess an Atlantic her- ally permitted vessel that, in the ab- ring dealer permit. sence of an emergency, has not been (d) VMS. It is unlawful for any person operating under its own power for the to do any of the following: entire trip. (1) Tamper with, damage, destroy, (10) Fish with bottom-tending gear alter, or in any way distort, render use- within the Frank R. Lautenberg Deep- less, inoperative, ineffective, or inac- sea Coral Protection Area described at curate the VMS, VMS unit, or VMS § 648.372, unless transiting pursuant to signal required to be installed on or § 648.372(d), fishing lobster trap gear in transmitted by vessel owners or opera- accordance with § 697.21 of this chapter, tors required to use a VMS by this or fishing red crab trap gear in accord- part.

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(2) Fail to submit the appropriate longfin squid, or butterfish caught by a VMS activity code for the intended ac- vessel that has not been issued a Fed- tivity at the appropriate time, in ac- eral Atlantic mackerel, Illex squid, cordance with § 648.10. longfin squid, or butterfish vessel per- (3) Fail to comply with the appro- mit, unless the vessel fishes exclu- priate VMS reporting requirements, as sively in state waters. specified in § 648.10. (B) Transfer longfin squid, Illex squid, (e) Observer program. It is unlawful or butterfish within the EEZ, unless for any person to do any of the fol- the vessels participating in the trans- lowing: fer have been issued the appropriate (1) Assault, resist, oppose, impede, LOA from the Regional Administrator harass, intimidate, or interfere with or along with a valid longfin squid, bar by command, impediment, threat, butterfish, or Illex squid moratorium or coercion any NMFS-certified ob- permit and are transferring species for server or monitor conducting his or her which the vessels are permitted, or a duties; any authorized officer con- valid squid/butterfish incidental catch ducting any search, inspection, inves- permit. tigation, or seizure in connection with (2) Vessel and operator permit holders. enforcement of this part; any official Unless participating in a research ac- designee of the Regional Administrator tivity as described in § 648.22(g), it is conducting his or her duties, including unlawful for any person owning or op- those duties authorized in § 648.7(g). erating a vessel issued a valid Atlantic (2) Refuse monitoring coverage by a mackerel, Illex squid, longfin squid, or NMFS-certified observer or monitor if butterfish fishery permit, or issued an selected for monitoring coverage by operator’s permit, to do any of the fol- the Regional Administrator or the Re- lowing: gional Administrator’s designee. (i) General requirement. Fail to com- (3) Fail to provide information, noti- ply with any measures implemented fication, accommodations, access, or pursuant to subpart B of this part. reasonable assistance to either a (ii) Possession and landing. (A) Possess NMFS-certified observer or monitor more than the incidental catch allow- conducting his or her duties as speci- ance of longfin squid, unless issued a fied in § 648.11. longfin squid moratorium permit. (4) Submit false or inaccurate data, (B) Possess more than the incidental statements, or reports. catch allowance of Illex squid, unless (f) Research and experimental fishing. issued an Illex squid moratorium per- It is unlawful for any person to violate mit. any terms of a letter authorizing ex- (C) Possess more than the incidental perimental fishing pursuant to § 648.12 catch allowance of Atlantic mackerel, or fail to keep such letter on board the unless issued a limited access Atlantic vessel during the period of the experi- mackerel permit. ment. (D) Take and retain, possess, or land (g) Squid, mackerel, and butterfish—(1) Atlantic chub mackerel, Atlantic All persons. Unless participating in a mackerel, squid, or butterfish in excess research activity as described in of a possession limit specified in § 648.22(g), it is unlawful for any person § 648.26. to do any of the following: (E) Possess more than 5,000 lb (2.27 (i) Possession and landing. Take and mt) of butterfish, unless the vessel retain, possess, or land more Atlantic meets the minimum mesh require- chub mackerel, Atlantic mackerel, ments specified in § 648.23(a). Illex squid, longfin squid, or butterfish (F) Take and retain, possess, or land than specified under, or after the effec- more than 5,000 lb (2.27 mt) of Atlantic tive date of, a notification issued under mackerel after a closure of the entire §§ 648.22 or 648.24(d). commercial fishery, as specified under (ii) Transfer and purchase. (A) Pur- § 648.24(b)(1). chase or otherwise receive for a com- (G) Fish for, possess, transfer, re- mercial purpose; other than solely for ceive, or sell; or attempt to fish for, transport on land; Atlantic chub mack- possess, transfer, receive, or sell; more erel, Atlantic mackerel, Illex squid, than 20,000 lb (9.08 mt) of Atlantic

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mackerel per trip; or land, or attempt squid moratorium permit, or Illex squid to land more than 20,000 lb (9.08 mt) of moratorium permit. Atlantic mackerel per day after 95 per- (B) Fail to notify NMFS Office of cent of the river herring and shad cap Law Enforcement through VMS of the has been harvested, if the vessel holds time and place of offloading at least 6 a valid Atlantic mackerel permit. hr prior to arrival, or, if fishing ends (H) Possess more than the incidental less than 6 hours before arrival, imme- catch allowance of butterfish, unless diately upon leaving the fishing issued a butterfish moratorium permit. grounds, if a vessel has been issued a (iii) Gear and vessel requirements. (A) Limited Access Atlantic mackerel per- Fish with or possess nets or netting mit, pursuant to § 648.10. that do not meet the gear requirements for Atlantic mackerel, longfin squid, (vi) Slip catch, as defined at § 648.2, Illex squid, or butterfish specified in unless for one of the reasons specified § 648.23(a); or that are modified, ob- at § 648.11(n)(3)(i) if issued a limited ac- structed, or constricted, if subject to cess Atlantic mackerel permit, or a the minimum mesh requirements, un- longfin squid or a butterfish morato- less the nets or netting are stowed and rium permit. not available for immediate use as de- (vii) For vessels with a limited access fined in § 648.2 or the vessel is fishing Atlantic mackerel permits, fail to under an exemption specified in move 15 nm (27.8 km), as required by § 648.23(a)(5). § 648.11(n)(3)(iii). (B) Fish for, retain, or possess Atlan- (viii)For vessels with a limited access tic mackerel in or from the EEZ with a Atlantic mackerel permit, fail to im- vessel that exceeds either 165 ft (50.3 m) mediately return to port as required by in length overall and 750 GRT, or a § 648.11(n)(3)(iv). shaft horsepower (shp) of 3,000 shp, ex- (ix) Fail to complete, sign, and sub- cept for the retention and possession of mit a Released Catch Affidavit if fish Atlantic mackerel for processing by a are released pursuant to the require- vessel holding a valid at-sea processor ments at § 648.11(n)(3)(ii). permit pursuant to § 648.6(a)(2). It shall (x) Fail to report or fail to accurately be presumed that the Atlantic mack- erel on board were harvested in or from report a slippage event on the VMS the EEZ, unless the preponderance of mackerel and longfin squid daily catch reliable evidence available indicates report, as required by § 648.11(n)(3)(ii). otherwise. (3) Charter/party restrictions. Unless (C) Enter or fish in the mackerel, participating in a research activity as squid, and butterfish bottom trawling described in § 648.22(g), it is unlawful restricted areas, as described in for the owner and operator of a party § 648.23(a)(6). or charter boat issued an Atlantic (D) If fishing with midwater trawl or mackerel, Illex squid, longfin squid, or purse seine gear, fail to comply with butterfish fishery permit (including a the requirements of § 648.80(d) and (e). moratorium permit), when the boat is (iv) Observer requirements for longfin carrying passengers for hire, to do any squid fishery. Fail to comply with any of the following: of the provisions specified in § 648.11. (i) Violate any recreational fishing (v) VMS reporting requirements in the measures established pursuant to directed Atlantic mackerel, longfin squid, § 648.22(d). and Illex squid fisheries. (A) Fail to de- (ii) Sell or transfer Atlantic chub clare via VMS into the directed Atlan- mackerel, Atlantic mackerel, Illex tic mackerel, longfin squid, or Illex squid, longfin squid, or butterfish to squid fisheries by entering the fishery code prior to leaving port at the start another person for a commercial pur- of each trip if the vessel will harvest, pose. possess, or land more than an inci- (iii) Carry passengers for hire while dental catch of Atlantic mackerel, fishing commercially under an Atlan- longfin squid, or Illex squid and is tic mackerel, Illex squid, longfin squid, issued a limited access Atlantic mack- or butterfish fishery permit. erel permit, Tier 1 or Tier 2 longfin

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(4) Presumption. For purposes of this son for a commercial purpose, other part, the following presumption ap- than solely for transport on land: plies: All Atlantic chub mackerel, At- (1) In excess of 40 lb (18.1 kg) of lantic mackerel and butterfish pos- shucked scallops at any time, 5 bu (1.76 sessed on board a party or charter boat hL) of in-shell scallops shoreward of issued a Federal Atlantic mackerel, the VMS Demarcation Line, or 10 bu Illex squid, longfin squid, or butterfish (3.52 hL) of in-shell scallops seaward of fishery permit are deemed to have been the VMS Demarcation Line, unless: harvested from the EEZ, unless the (i) The scallops were harvested by a preponderance of evidence dem- vessel that has not been issued a scal- onstrates that such species were har- lop permit and fishes for scallops ex- vested by a vessel without a Federal clusively in state waters. Atlantic mackerel, Illex squid, longfin (ii) The scallops were harvested by a squid, or butterfish permit and fishing vessel that has been issued and carries exclusively in state waters or, for At- on board a limited access scallop per- lantic chub mackerel, outside of the mit and is properly declared into the Atlantic Chub Mackerel Management scallop DAS, Area Access program, or Unit. the NGOM management area. (h) Atlantic salmon. Unless partici- (iii) The scallops were harvested by a pating in a research activity as de- vessel that has been issued and carries scribed in § 648.22(g), it is unlawful for on board an IFQ scallop permit and is any person to do any of the following: properly declared into the IFQ scallop (1) Possession and landing. (i) Use any fishery or is properly declared into the vessel of the United States for taking, NE multispecies, Atlantic surfclam or catching, harvesting, fishing for, or quahog fishery, or other fishery requir- landing any Atlantic salmon taken ing a VMS declaration, and is not fish- from or in the EEZ. It shall be pre- ing in a sea scallop access area. sumed that the Atlantic salmon on (iv) The scallops were harvested by a board were harvested in or from the vessel that has been issued and carries EEZ, unless the preponderance of reli- on board an NGOM or IFQ scallop per- able evidence available indicates other- mit, and is properly declared into the wise. NGOM scallop management area, and (ii) Transfer, directly or indirectly; the LAGC portion of the NGOM TAC or attempt to transfer, directly or indi- specified in § 648.62 has not been har- rectly; to any vessel any Atlantic vested. salmon taken in or from the EEZ. (v) [Reserved] (2) [Reserved] (2) In excess of 200 lb (90.7 kg) of (i) Atlantic sea scallops—(1) All per- shucked scallops at any time, 25 bu (8.8 sons. It is unlawful for any person to do hL) of in-shell scallops inside the VMS any of the following: Demarcation Line, or 50 bu (17.6 hL) of (i) Permit requirement. Fish for, pos- in-shell scallops seaward of the VMS sess, or land, scallops without the ves- Demarcation Line, unless: sel having been issued and carrying on- (i) The scallops were harvested by a board a valid scallop permit in accord- vessel that has not been issued a scal- ance with § 648.4(a)(2), unless the scal- lop permit and fishes for scallops ex- lops were harvested by a vessel that clusively in state waters. has not been issued a Federal scallop (ii) The scallops were harvested by a permit and fishes for scallops exclu- vessel that has been issued and carries sively in state waters. on board a limited access scallop per- (ii) Gear and crew requirements. Have a mit and is properly declared into the shucking or sorting machine on board scallop DAS or Area Access program. a vessel while in possession of more (iii) The scallops were harvested by a than 600 lb (272.2 kg) of shucked scal- vessel that has been issued and carries lops, unless that vessel has not been on board an IFQ scallop permit issued issued a scallop permit and fishes ex- pursuant to § 648.4(a)(2)(ii)(A), is fishing clusively in state waters. outside of the NGOM scallop manage- (iii) Possession and landing. (A) Fish ment area, and is properly declared for or land per trip, or possess at any into the general category scallop fish- time prior to a transfer to another per- ery or is properly declared into the NE

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multispecies, or Atlantic surfclam or (iv) Transfer and purchase. (A) Land, quahog fishery, or other fishery requir- offload, remove, or otherwise transfer; ing a VMS declaration, and is not fish- or attempt to land, offload, remove or ing in a sea scallop access area. otherwise transfer; scallops from one (iv) The scallops were harvested by a vessel to another, unless that vessel vessel that has been issued and carries has not been issued a scallop permit on board a scallop permit and the ves- and fishes exclusively in state waters. sel is fishing in accordance with the (B) Sell, barter, or trade, or other- provisions of the state waters exemp- wise transfer scallops from a vessel; or tion program specified in § 648.54. attempt to sell, barter or trade, or oth- (v) [Reserved] erwise transfer scallops from a vessel; (3) In excess of 600 lb (272.2 kg) of for a commercial purpose, unless the shucked scallops at any time, 75 bu vessel has been issued a valid scallop (26.4 hL) of in-shell scallops per trip permit pursuant to § 648.4(a)(2), or the South of 42°20′ N. Lat. and shoreward of scallops were harvested by a vessel the VMS Demarcation Line or 100 bu that has not been issued a scallop per- (35.2 hL) in-shell scallops South of mit and fishes for scallops exclusively 42°20′ N. Lat. and seaward of the VMS in state waters. Demarcation Line, unless: (C) Purchase, possess, or receive for commercial purposes; or attempt to (i) The scallops were harvested by a purchase or receive for commercial vessel that has not been issued a scal- purposes; scallops from a vessel other lop permit and fishes for scallops ex- than one issued a valid limited access clusively in state waters. or LAGC scallop permit, unless the (ii) The scallops were harvested by a scallops were harvested by a vessel vessel that has been issued and carries that has not been issued a Federal scal- on board a limited access scallop per- lop permit and fishes for scallops ex- mit issued pursuant to § 648.4(a)(2)(i) clusively in state waters. and is properly declared into the scal- (D) Sell or transfer to another person lop DAS or Area Access program. for a commercial purpose, other than (iii) The scallops were harvested by a solely for transport on land, any scal- vessel that has been issued and carries lops harvested from the EEZ by a ves- on board a scallop permit and the ves- sel issued a Federal scallop permit, un- sel is fishing in accordance with the less the transferee has a valid scallop provisions of the state waters exemp- dealer permit. tion program specified in § 648.54. (v) Ownership cap. Have an ownership (iv) The scallops were harvested by a interest in more than 5 percent of the vessel that has been issued and carries total number of vessels issued limited on board an IFQ scallop permit, is car- access scallop permits and confirma- rying an at-sea observer, and is author- tions of permit history, except as pro- ized by the Regional Administrator to vided in § 648.4(a)(2)(i)(M). have, and the vessel does not exceed, (vi) Closed area requirements— an increased possession limit to com- (A) Habitat Management Areas. (1) pensate for the cost of carrying the ob- Fish for scallops in, or possess or land server. scallops from, the Habitat Management (4) Fish for, possess, or retain scal- Areas specified in § 648.370. lops in Federal waters of the NGOM (2) Transit or enter the Habitat Man- management area on a vessel that has agement Areas specified in § 648.370, ex- been issued and carries on board a cept as provided by § 648.61(b). NGOM permit and has declared into (B) Scallop Rotational Areas. (1) Fish the state waters fishery of the NGOM for scallops in, or possess or land scal- management area. lops from, the Scallop Rotational (5) Fish for, possess, or retain scal- Areas closed to the scallop fishery lops in the Stellwagen Bank Scallop through the specifications or frame- Closed Area, as described in § 648.62(e), work adjustment processes specified in unless transiting the area and the ves- § 648.55. sel’s fishing gear is stowed and not (2) Transit or enter the Scallop Rota- available for immediate use as defined tional Areas, except as provided by in § 648.2. § 648.59(a) or (b).

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(vii) Scallop sectors. Fail to comply m), as measured by the total length of with any of the requirements or re- the footrope that is directly attached strictions for general category scallop to the webbing of the net, except as sectors specified in § 648.63. specified in § 648.51(a)(1), unless the ves- (viii) Scallop research. (A) Fail to sel is fishing under the Northeast comply with any of the provisions spec- multispecies or monkfish DAS pro- ified in § 648.56 or the conditions of a gram. letter of authorization issued under (B) While under or subject to the § 648.56. DAS allocation program, in possession (B) Fish for scallops in, or possess or of more than 40 lb (18.1 kg) of shucked land scallops from the NGOM, unless scallops or 5 bu (1.76 hL) of in-shell allocated NGOM RSA allocation as de- scallops, or fishing for scallops in the scribed in § 648.56(d) and fishing on a EEZ: scallop research set aside compensa- (1) Fish with, or have available for tion trip. immediate use, trawl nets of mesh (ix) Observer program. (A) Refuse, or smaller than the minimum size speci- fail, to carry onboard an observer after fied in § 648.51(a)(2). being requested to by the Regional Ad- (2) Fail to comply with any chafing ministrator or the Regional Adminis- gear or other gear obstruction restric- trator’s designee. tions specified in § 648.51(a)(3). (B) Fail to provide information, noti- (3) Fail to comply with the turtle de- fication, accommodations, access, or flector dredge vessel gear restrictions reasonable assistance to a NMFS-cer- specified in § 648.51(b)(5), and turtle tified observer conducting his or her dredge chain mat requirements in duties aboard a vessel, as specified in § 223.206(d)(11) of this title. § 648.11. (4) Fish under the small dredge pro- (C) Fail to comply with the notifica- gram specified in § 648.51(e), with, or tion, observer services procurement, while in possession of, a dredge that ex- and observer services payment require- ceeds 10.5 ft (3.2 m) in overall width, as ments of the sea scallop observer pro- measured at the widest point in the gram specified in § 648.11(k). bail of the dredge. (x) Presumption. For purposes of this (5) Fish under the small dredge pro- section, the following presumption ap- gram specified in § 648.51(e) with more plies: Scallops that are possessed or persons on board the vessel, including landed at or prior to the time when the the operator, than specified in scallops are received by a dealer, or § 648.51(e)(3), unless otherwise author- scallops that are possessed by a dealer, ized by the Regional Administrator. are deemed to be harvested from the (6) Participate in the DAS allocation EEZ, unless the preponderance of evi- program with more persons on board dence demonstrates that such scallops the vessel than the number specified in were harvested by a vessel without a § 648.51(c), including the operator, when scallop permit and fishing exclusively the vessel is not docked or moored in for scallops in state waters. port, unless otherwise authorized by (2) Limited access scallop vessel permit the Regional Administrator. holders. It is unlawful for any person (7) Fish in a Sea Scallop Access Area, owning or operating a vessel issued a as described in § 648.60, with more per- limited access scallop permit under sons on board the vessel than the num- § 648.4(a)(2) to do any of the following: ber specified in § 648.51(c) or (i) Minimum shell height. Land, or pos- § 648.51(e)(3)(i), unless otherwise author- sess at or after landing, in-shell scal- ized by the Regional Administrator. lops smaller than the minimum shell (8) Have a shucking or sorting ma- height specified in § 648.50(a). chine on board a vessel that shucks (ii) Vessel, gear, and crew restrictions. scallops at sea while fishing under the (A) Possess more than 40 lb (18.1 kg) of DAS allocation program, unless other- shucked, or 5 bu (1.76 hL) of in-shell wise authorized by the Regional Ad- scallops, or participate in the scallop ministrator. DAS or Area Access programs, while in (9) Fish with, possess on board, or the possession of trawl nets that have a land scallops while in possession of maximum sweep exceeding 144 ft (43.9 trawl nets, when fishing for scallops

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under the DAS allocation program, un- location program and steaming to land less exempted as provided for in scallops at ports located at or south of § 648.51(f). 39° N. lat., as specified in § 648.53(f)(3). (10) Fail to comply with the gear re- (E) Possess on board or land in-shell strictions described in § 648.51. scallops if declaring out of the DAS al- (iii) Possession and landing. (A) Land location program and steaming to land scallops after using up the vessel’s an- scallops at ports located at or south of nual DAS allocation or land scallops on 39° N. lat. more than one trip per calendar day (v) VMS requirements. (A) Fail to have when not participating under the DAS an approved, operational, and func- allocation program pursuant to § 648.10, tioning VMS unit that meets the speci- unless exempted from DAS allocations fications of § 648.9 on board the vessel as provided in the state waters exemp- at all times, unless the vessel is not tion, specified in § 648.54. subject to the VMS requirements speci- (B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-shell scallops fied in § 648.10. inside the VMS Demarcation Line on (B) If the vessel is not subject to or by a vessel, except as provided in the VMS requirements specified in state waters exemption, as specified in § 648.10(b), fail to comply with the re- § 648.54. quirements of the call-in system speci- (C) Fish for, possess, or land per trip, fied in § 648.10(c). at any time, scallops in excess of any (C) If a limited access scallop vessel sea scallop possession and landing declares a scallop trip before first limit set by the Regional Adminis- crossing the VMS Demarcation Line, trator in accordance with § 648.59(b)(3) but not necessarily from port, in ac- when properly declared into the Sea cordance with § 648.10(f), fail to declare Scallop Area Access Program as de- out of the fishery in port and have fish- scribed in § 648.59. ing gear not available for immediate (D) Fish for, possess, or land use as defined in § 648.2, until declared yellowtail flounder from a vessel on a into the scallop fishery. scallop fishing trip. (D) Once declared into the scallop (E) Fish for, possess, or land scallops fishery in accordance with § 648.10(f), from the NGOM, unless on a scallop change its VMS declaration until the RSA compensation trip and allocated trip has ended and scallop catch has NGOM RSA allocation as described in been offloaded, except as specified at § 648.56(d). § 648.53(f)(3). (iv) DAS. (A) Fish for, possess, or (E) Fail to submit a scallop access land scallops after using up the vessel’s area pre-landing notification form annual DAS allocation and Access Area through VMS as specified at trip allocations, or when not properly § 648.10(f)(4)(iii). declared into the DAS or an Area Ac- (vi) Scallop rotational area management cess program pursuant to § 648.10, un- program and scallop access area program less the vessel has been issued an requirements. (A) Fail to comply with LAGC scallop permit pursuant to § 648.4(a)(2)(ii) and is lawfully fishing in any of the provisions and specifications a LAGC scallop fishery, unless exempt- of § 648.59. ed from DAS allocations as provided in (B) Transit the Closed Area II Scallop state waters exemption, specified in Rotational Area, as defined in § 648.54. § 648.60(d), unless there is a compelling (B) Combine, transfer, or consolidate safety reason for transiting the area DAS allocations, except as allowed for and the vessel’s fishing gear is stowed one-for-one Access Area trip exchanges and not available for immediate use as as specified in § 648.59(b)(3)(ii). defined in § 648.2. (C) Fail to comply with any require- (C) Fish for, possess, or land scallops ment for declaring in or out of the DAS in or from an access area in excess of allocation program or other notifica- the vessel’s remaining specific alloca- tion requirements specified in § 648.10. tion for that area as specified in (D) Fail to comply with any require- § 648.59(b)(3) or the amount permitted ments for declaring out of the DAS al- to be landed from that area.

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(D) Possess more than 50 bu (17.6 hL) (iii) Possession and landing. (A) Land of in-shell scallops outside the bound- scallops more than once per calendar aries of a Sea Scallop Access Area by a day. vessel that is declared into the Area (B) Possess in-shell scallops while in Access Program as specified in § 648.59. possession of the maximum allowed (E) Fish for, possess, or land scallops amount of shucked scallops specified in or from any Sea Scallop Access Area for each LAGC scallop permit category without an observer on board, unless in § 648.52. the vessel owner, operator, or manager (C) Declare into the NGOM scallop has received a waiver to carry an ob- management area after the effective server for the specified trip and area date of a notification published in the fished. FEDERAL REGISTER stating that the (F)–(G) [Reserved] LAGC portion of the NGOM scallop (vii) State waters exemption program. management area TAC has been har- Fail to comply with any requirement vested as specified in § 648.62, unless the for participating in the State Waters vessel is fishing exclusively in state Exemption Program specified in waters, declared a state-waters only § 648.54. NGOM trip, and is participating in an (viii) [Reserved] approved state waters exemption pro- (ix) Fish for scallops in the Mid-At- gram as specified in § 648.54, or unless lantic Accountability Measure Area, the vessel is participating in the scal- described in § 648.64(b)(2) with gear that lop RSA program as specified in does not meet the specifications de- § 648.56. scribed in § 648.64(c) during the period (D) Fish for, possess, or land scallops specified in the notice announcing the in or from the NGOM scallop manage- Southern New England/Mid-Atlantic ment area after the effective date of a Yellowtail Flounder or the Southern notification published in the FEDERAL Windowpane Flounder Gear Restricted REGISTER that the LAGC portion of the Area described in § 648.64(e) and (g), re- NGOM scallop management area TAC spectively. has been harvested, as specified in (x) Fish for scallops in the Georges § 648.62, unless the vessel possesses or Bank Accountability Measure Area de- lands scallops that were harvested scribed in § 648.64(b)(1), with gear that south of 42°20′ N lat., the vessel is does not meet the specifications de- transiting the NGOM scallop manage- scribed in § 648.64(c) during the period ment area, and the vessel’s fishing gear specified in the notice announcing the is properly stowed and not available for Georges Bank Yellowtail Flounder or immediate use in accordance with the Northern Windowpane Flounder § 648.2 or unless the vessel is fishing ex- Gear Restricted Area described in clusively in state waters, declared a § 648.64(d) and (f), respectively. state-waters only NGOM trip, and is (3) LAGC scallop vessels. It is unlawful participating in an approved state wa- for any person owning or operating a ters exemption program as specified in vessel issued an LAGC scallop permit § 648.54, or unless the vessel is partici- to do any of the following: pating in the scallop RSA program as (i) Permit requirements. (A) Fail to specified in § 648.56. comply with the LAGC scallop permit (iv) VMS requirements. (A) Fail to restrictions as specified in comply with any of the VMS require- § 648.4(a)(2)(ii)(G) through (O). ments specified in §§ 648.10, 648.59, or (B) [Reserved] 648.62. (ii) Gear requirements. (A) Possess or (B) Fail to comply with any require- use trawl gear that does not comply ment for declaring in or out of the with any of the provisions or specifica- LAGC scallop fishery or other notifica- tions in § 648.51(a), unless the vessel is tion requirements specified in fishing under the Northeast multispe- § 648.10(b). cies or monkfish DAS program. (C) If an LAGC scallop vessel declares (B) Possess or use dredge gear that a scallop trip shoreward of the VMS does not comply with any of the provi- Demarcation Line, but not necessarily sions or specifications in § 648.51(b). from port, in accordance with

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§ 648.10(f), fail to declare out of the fish- thorized by the Regional Adminis- ery in port and have fishing gear not trator and not exceeded by the vessel, available for immediate use as defined as specified in §§ 648.52(g) and 648.59(d). in § 648.2, until declared into the scallop (B) Fish for or land per trip, or pos- fishery. sess at any time, in excess of 200 lb (D) Once declared into the scallop (90.7 kg) of shucked or 25 bu (8.8 hL) of fishery in accordance with § 648.10(f), in-shell scallops in the NGOM scallop change its VMS declaration until the management area, unless the vessel is trip has ended and scallop catch has seaward of the VMS Demarcation Line been offloaded. and in possession of no more than 50 bu (v) Scallop rotational area management (17.6 hL) of in-shell scallops, or when program and scallop access area program the vessel is not declared into the requirements. (A) Fail to comply with NGOM scallop management area and is any of the requirements specified in transiting the NGOM scallop manage- § 648.59. ment area with gear properly stowed (B) Declare into or leave port for an and unavailable for immediate use in area specified in § 648.60 after the effec- accordance with § 648.23. tive date of a notification published in (C) Declare into the NGOM scallop the FEDERAL REGISTER stating that the management area after the effective number of LAGC trips have been taken, date of a notification published in the as specified in § 648.59. FEDERAL REGISTER stating that the (C) Fish for or land per trip, or pos- LAGC share of the NGOM scallop man- sess in excess of 40 lb (18.1 kg) of agement area TAC has been harvested shucked scallops at any time in or as specified in § 648.62, unless the vessel from any Sea Scallop Access Area spec- is fishing exclusively in state waters, ified at § 648.60, unless declared into the declared a state-waters only NGOM Sea Scallop Access Area Program. trip, and is participating in an ap- (D) Fish for, possess, or land scallops proved state waters exemption pro- in or from any Sea Scallop Access Area gram as specified in § 648.54, or unless without an observer on board, unless the vessel is participating in the scal- the vessel owner, operator, or manager lop RSA program as specified in has received a waiver to carry an ob- § 648.56. server for the specified trip and area fished. (D) Possess more than 100 bu (35.2 hL) (E) Transit the Closed Area II Scallop of in-shell scallops seaward of the VMS Rotational Area, as defined in § 648.60 Demarcation Line and not be partici- (d), unless there is a compelling safety pating in the Access Area Program, or reason for transiting the area and the possess or land per trip more than 50 bu vessel’s fishing gear is stowed and not (17.6 hL) of in-shell scallops shoreward available for immediate use as defined of the VMS Demarcation Line, unless in § 648.2. exempted from DAS allocations as pro- (vi) Sectors. Fail to comply with any vided in § 648.54. of the requirements and restrictions (E) [Reserved] for General Category sectors and har- (F) Fish for, possess, or land scallops vesting cooperatives specified in in excess of a vessel’s IFQ. § 648.63. (G) Fish for, possess, or land more (4) IFQ scallop permit. It is unlawful than 40 lb (18.1 kg) of shucked scallops, for any person owning or operating a or 5 bu (1.76 hL) of in-shell scallops vessel issued an IFQ scallop permit to shoreward of the VMS Demarcation do any of the following: Line, or 10 bu (3.52 hL) of in-shell scal- (i) Possession and landing. (A) Fish for lops seaward of the VMS Demarcation or land per trip, or possess at any time, Line, when the vessel is not declared in excess of 600 lb (272.2 kg) of shucked, into the IFQ scallop fishery, unless the or 75 bu (26.4 hL) of in-shell scallops per vessel is fishing in compliance with all trip, or 100 bu (35.2 hL) in-shell scallops of the requirements of the state waters seaward of the VMS Demarcation Line, exemption program, specified at unless the vessel is carrying an ob- § 648.54, or on a properly declared NE server as specified in § 648.11 and an in- multispecies, surfclam, or ocean qua- crease in the possession limit is au- hog trip (or other fishery requiring a

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VMS declaration) and not fishing in a a vessel issued an NGOM scallop permit scallop access area. to do any of the following: (H) Land scallops more than once per (i) Declare into, or fish for or possess calendar day. scallops outside of the NGOM Scallop (ii) Owner and allocation cap. (A) Have Management Area as defined in § 648.62. an ownership interest in vessels that (ii) Fish for or land per trip, or pos- collectively are allocated more than 5 sess at any time, in excess of 200 lb percent of the total IFQ scallop APL as (90.7 kg) of shucked or 25 bu (8.81 hL) of specified in § 648.53(a)(8). in-shell scallops in or from the NGOM (B) Have an IFQ allocation on an IFQ scallop management area, or seaward scallop vessel of more than 2.5 percent of the VMS Demarcation Line more of the total IFQ scallop APL as speci- than 50 bu (17.6 hL) of in-shell scallops. fied in § 648.53(a)(8). (iii) Fish for, possess, or land scallops (iii) IFQ Transfer Program. (A) Apply in state or Federal waters of the NGOM for an IFQ transfer that will result in management area after the effective the transferee having an aggregate date of notification in the FEDERAL ownership interest in more than 5 per- REGISTER that the LAGC share of the cent of the total IFQ scallop ACL. NGOM scallop management area TAC (B) Apply for an IFQ transfer that has been harvested as specified in will result in the receiving vessel hav- § 648.62, unless the vessel is fishing ex- ing an IFQ allocation in excess of 2.5 clusively in state waters, declared a percent of the total IFQ scallop ACL as state-waters only NGOM trip, and is specified in § 648.53(a)(4)(i). participating in an approved state wa- (C) Fish for, possess, or land trans- ters exemption program as specified in ferred IFQ prior to approval of the § 648.54, or unless the vessel is partici- transfer by the Regional Administrator pating in the scallop RSA program as as specified in § 648.53(h)(5). specified in § 648.56. (D)–(F) [Reserved] (iv) Fish for, possess, or retain scal- (G) Transfer scallop IFQ to, or re- lops in Federal waters of the NGOM ceive scallop IFQ from, a vessel that after declaring a trip into NGOM state has not been issued a valid IFQ scallop waters. permit. (6) Incidental scallop permit. It is un- (iv) Cost Recovery Program. Fail to lawful for any person owning or oper- comply with any of the cost recovery ating a vessel issued an Incidental scal- requirements specified under lop permit to fish for, possess, or re- § 648.53(g)(4). tain, more than 40 lb (18.1 kg) of (v) Fish for scallops in the Mid-At- shucked scallops, or 5 bu (1.76 hL) of in- lantic Accountability Measure Area, shell scallops shoreward of the VMS described in § 648.64(b)(2) with gear that Demarcation Line, or 10 bu (3.52 hL) of does not meet the specifications de- in-shell scallops while seaward of the scribed in § 648.64(c) during the period VMS Demarcation Line. specified in the notice announcing the (j) Atlantic surfclam and ocean quahog. Southern New England/Mid-Atlantic It is unlawful for any person to do any Yellowtail Flounder or the Southern of the following: Windowpane Flounder Gear Restricted (1) Possession and landing. (i) Fish for Area described in § 648.64(e) and (g), re- surfclams or ocean quahogs in any area spectively. closed to surfclam or ocean quahog (vi) Fish for scallops in the Georges fishing. Bank Accountability Measure Area de- (ii) Shuck surfclams or ocean qua- scribed in § 648.64(b)(1), with gear that hogs harvested in or from the EEZ at does not meet the specifications de- sea, unless permitted by the Regional scribed in § 648.64(c) during the period Administrator under the terms of specified in the notice announcing the § 648.75. Georges Bank Yellowtail Flounder or (iii) Fish for, retain, or land both the Northern Windowpane Flounder surfclams and ocean quahogs in or Gear Restricted Area described in from the EEZ on the same trip. § 648.64(d) and (f), respectively. (iv) Fish for, retain, or land ocean (5) NGOM scallop permit. It is unlaw- quahogs in or from the EEZ on a trip ful for any person owning or operating designated as a surfclam fishing trip

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under § 648.15(b); or fish for, retain, or demonstrate the inapplicability of the land surfclams in or from the EEZ on a presumptions set forth in § 648.77(h). trip designated as an ocean quahog (vii) Sell null and void tags. fishing trip under § 648.15(b). (4) VMS requirements. (i) Fail to main- (v) Fail to offload any surfclams or tain an operational VMS unit as speci- ocean quahogs harvested in the EEZ fied in § 648.9, and comply with any of from a trip discontinued pursuant to the notification requirements specified § 648.15(b) prior to commencing fishing in § 648.15(b) including: operations in waters under the jurisdic- (A) Fish for, land, take, possess, or tion of any state. transfer surfclams or ocean quahogs (vi) Land or possess any surfclams or under an open access surfclam or ocean ocean quahogs harvested in or from the quahog permit without having provided EEZ without having been issued, or in proof to the Regional Administrator excess of, an individual allocation. that the vessel has a fully functioning (2) Transfer and purchase. (i) Receive VMS unit on board the vessel and de- for a commercial purpose other than clared a surfclam, ocean quahog, or solely for transport on land, surfclams Maine mahogany quahog fishing activ- or ocean quahogs harvested in or from ity code via the VMS unit prior to the EEZ, whether or not they are land- leaving port as specified at § 648.15(b). ed under an allocation under § 648.74, (B) Fish for, land, take, possess, or unless issued a dealer/processor permit transfer ocean quahogs under a limited under this part. access Maine mahogany quahog permit (ii) Transfer any surfclams or ocean without having provided proof to the quahogs harvested in or from the EEZ Regional Administrator of NMFS that to any person for a commercial pur- the vessel has a fully functioning VMS pose, other than solely for transport on unit on board the vessel and declared a land, without a surfclam or ocean qua- fishing trip via the VMS unit as speci- hog processor or dealer permit. fied at § 648.15(b). (iii) Offload unshucked surfclams or (5) Maine mahogany quahog zone. (i) ocean quahogs harvested in or from the Land unshucked surfclams or ocean EEZ outside the Maine mahogany qua- quahogs harvested in or from the EEZ hog zone from vessels not capable of outside the Maine mahogany quahog carrying cages, other than directly zone in containers other than cages into cages. from vessels capable of carrying cages. (3) Gear and tags requirements. (i) (ii) Land unshucked surfclams and Alter, erase, mutilate, duplicate or ocean quahogs harvested in or from the cause to be duplicated, or steal any EEZ within the Maine mahogany qua- cage tag issued under this part. hog zone in containers other than (ii) Produce, or cause to be produced, cages from vessels capable of carrying cage tags required under this part cages unless, with respect to ocean without written authorization from the quahogs, the vessel has been issued a Regional Administrator. Maine mahogany quahog permit under (iii) Tag a cage with a tag that has this part and is not fishing for an indi- been rendered null and void or with a vidual allocation of quahogs under tag that has been previously used. § 648.74. (iv) Tag a cage of surfclams with an (iii) Offload unshucked surfclams ocean quahog cage tag, or tag a cage of harvested in or from the EEZ within ocean quahogs with a surfclam cage the Maine mahogany quahog zone from tag. vessels not capable of carrying cages, (v) Possess an empty cage to which a other than directly into cages. cage tag required by § 648.77 is affixed, (iv) Offload unshucked ocean quahogs or possess any cage that does not con- harvested in or from the EEZ within tain surfclams or ocean quahogs and to the Maine mahogany quahog zone from which a cage tag required by § 648.77 is vessels not capable of carrying cages, affixed. other than directly into cages, unless (vi) Land or possess, after offloading, the vessel has been issued a Maine ma- any cage holding surfclams or ocean hogany quahog permit under this part quahogs without a cage tag or tags re- and is not fishing for an individual al- quired by § 648.77, unless the person can location of quahogs under § 648.74.

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(v) Land or possess ocean quahogs fied in § 648.17, to do any of the fol- harvested in or from the EEZ within lowing: the Maine mahogany quahog zone after (i) Fish for, possess, or land NE the effective date published in the FED- multispecies, unless: ERAL REGISTER notifying participants (A) The NE multispecies are being that Maine mahogany quahog quota is fished for or were harvested in or from no longer available for the respective the EEZ by a vessel holding a valid fishing year, unless the vessel is fishing Federal NE multispecies permit under for an individual allocation of ocean this part, or a letter under § 648.4(a)(1), quahogs under § 648.74. and the operator on board such vessel (6) Presumptions. For purposes of this has a valid operator’s permit and has it part, the following presumptions apply: on board the vessel. (i) Possession of surfclams or ocean (B) The NE multispecies were har- quahogs on the deck of any fishing ves- vested by a vessel not issued a Federal sel in closed areas, or the presence of NE multispecies permit, nor eligible to any part of a vessel’s gear in the water renew or be reissued a limited access in closed areas is prima facie evidence NE multispecies permit as specified in that such vessel was fishing in viola- § 648.4(b)(2), that fishes for NE multi- tion of the provisions of the Magnuson- species exclusively in state waters. Stevens Act and these regulations. (C) The NE multispecies were har- (ii) Surfclams or ocean quahogs land- vested in or from the EEZ by a rec- ed from a trip for which notification reational fishing vessel. was provided under § 648.15(b) or § 648.74(b) are deemed to have been har- (D) Any haddock, and up to 100 lb (45 vested in the EEZ and count against kg) of other regulated NE multispecies the individual’s annual allocation, un- other than haddock, were harvested by less the vessel has a valid Maine ma- a vessel issued a Category A or B Her- hogany quahog permit issued pursuant ring Permit on a declared herring trip, to § 648.4(a)(4)(i) and is not fishing for regardless of gear or area fished, or a an individual allocation under § 648.74. vessel issued a Category C, D, or E Her- (iii) Surfclams or ocean quahogs ring Permit that fished with midwater found in cages without a valid state trawl gear, pursuant to the require- tag are deemed to have been harvested ments in § 648.80(d) and (e), and such in the EEZ and are deemed to be part fish are not sold for human consump- of an individual’s allocation, unless the tion. vessel has a valid Maine mahogany (E) Otherwise specified in § 648.17. quahog permit issued pursuant to (ii) Land, offload, remove, or other- § 648.4(a)(4)(i) and is not fishing for an wise transfer; or attempt to land, off- individual allocation under § 648.74; or, load, remove or otherwise transfer; NE unless the preponderance of available multispecies from one vessel to an- evidence demonstrates that he/she has other vessel, unless both vessels have surrendered his/her surfclam and ocean not been issued Federal NE multispe- quahog permit issued under § 648.4 and cies permits and both fish exclusively he/she conducted fishing operations ex- in state waters, unless authorized in clusively within waters under the juris- writing by the Regional Administrator, diction of any state. Surfclams and or otherwise allowed. ocean quahogs in cages with a Federal (iii) Sell, barter, trade, or otherwise tag or tags, issued and still valid pur- transfer; or attempt to sell, barter, suant to this part, affixed thereto are trade, or otherwise transfer; for a com- deemed to have been harvested by the mercial purpose any NE multispecies individual allocation holder to whom from a trip, unless: the tags were issued or transferred (A) The vessel is holding a Federal under § 648.74 or § 648.77(b). NE multispecies permit, or a letter (k) NE multispecies—(1) Permit require- under § 648.4(a)(1), and is not fishing ments for all persons. It is unlawful for under the charter/party vessel restric- any person, including any owner or op- tions specified in § 648.89. erator of a vessel issued a valid Federal (B) The NE multispecies were har- NE multispecies permit or letter under vested by a vessel without a Federal § 648.4(a)(1)(i), unless otherwise speci- NE multispecies permit that fishes for

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NE multispecies exclusively in state the regulated species or ocean pout are waters. purchased or received from a vessel (C) Or as otherwise specified in that caught them on a sector trip and § 648.17. such species are exempt from such pos- (iv) Operate or act as an operator of session limits in accordance with an a vessel fishing for or possessing NE approved sector operations plan, as multispecies in or from the EEZ, or specified in § 648.87(c). holding a Federal NE multispecies ves- (ii) Sell or transfer to another person sel permit without having been issued for a commercial purpose, other than and possessing a valid operator’s per- solely for transport on land, any NE mit. multispecies harvested from the EEZ (2) Permit requirements for vessel and by a vessel issued a Federal NE multi- operator permit holders. It is unlawful species permit, unless the transferee for any owner or operator of a vessel has a valid NE multispecies dealer per- issued a valid Federal NE multispecies mit. permit or letter under § 648.4(a)(1)(i), (4) NAFO. It is unlawful for any unless otherwise specified in § 648.17, to owner or operator of a vessel issued a do any of the following: valid NE multispecies permit or letter (i) Fish for, possess, or land NE under § 648.4(a)(1)(i), to fail to comply multispecies with or from a vessel that with the exemption specifications in has had the length overall of such ves- § 648.17. sel, or its replacement, increased or up- (5) Regulated Mesh Areas. It is unlaw- graded in excess of limitations speci- ful for any person, including any owner fied in § 648.4(a)(1)(i)(E) and (F). or operator of a vessel issued a valid (ii) Fish for, possess, or land NE Federal NE multispecies permit or let- multispecies with or from a vessel that ter under § 648.4(a)(1)(i), unless other- has had the horsepower of such vessel wise specified in § 648.17, to do any of or its replacement upgraded or in- the following: creased in excess of the limitations (i) Violate any of the provisions of specified in § 648.4(a)(1)(i)(E) and (F). § 648.80, including paragraphs (a)(5), the (iii) Fail to comply with the pre-trip Small-mesh Northern Shrimp Fishery notification requirements of the NE Exemption Area; (a)(6), the Cultivator multispecies observer program speci- Shoal Whiting Fishery Exemption fied in § 648.11(l). Area; (a)(9), Small-mesh Area 1/Small- (iv) Possess or land fish while setting mesh Area 2; (a)(10), the Nantucket fixed gear on a set-only trip as declared Shoals Dogfish Fishery Exemption through the pre-trip notification sys- Area; (h)(3)(i), the GOM Scallop Dredge tem pursuant to § 648.11(l). Exemption Area; (a)(12), the Nantucket (v) Fish for, possess, land fish, enroll Shoals Mussel and Sea Urchin Dredge in a sector, or lease a permit or con- Exemption Area; (a)(13), the GOM/GB firmation of permit history (CPH) as a Monkfish Gillnet Exemption Area; lessor or lessee, with a permit that has (a)(14), the GOM/GB Dogfish Gillnet Ex- been rendered unusable as specified in emption Area; (a)(15), the Raised § 648.4(a)(1)(i)(N). Footrope Trawl Exempted Whiting (vi) Acquire a limited access NE Fishery; (a)(16), the GOM Grate Raised multispecies permit that would result Footrope Trawl Exempted Whiting in a permit holder exceeding any of the Fishery; (h)(3)(ii), the Georges Bank/ ownership accumulation limits speci- Southern New England Scallop Dredge fied in § 648.4(a)(1)(i)(N), unless author- Exemption Area; (a)(19), the Eastern ized under § 648.4(a)(1)(i)(N). and Western Cape Cod Spiny Dogfish (3) Dealer requirements. (i) It is unlaw- Exemption Areas; (b)(3), exemptions ful to purchase, possess, import, ex- (small mesh); (b)(5), the SNE Monkfish port, or receive as a dealer, or in the and Skate Trawl Exemption Area; capacity of a dealer, regulated species (b)(6), the SNE Monkfish and Skate or ocean pout in excess of the posses- Gillnet Exemption Area; (b)(8), the sion limits specified in § 648.82, § 648.85, SNE Mussel and Sea Urchin Dredge Ex- § 648.86, or § 648.87 applicable to a vessel emption Area; (b)(9), the SNE Little issued a NE multispecies permit, unless Tunny Gillnet Exemption Area; otherwise specified in § 648.17, or unless (h)(3)(ii); or (b)(12), the SNE Skate Bait

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Trawl Exemption Area. Each violation or unless the vessels that engaged in of any provision in § 648.80 constitutes a pair trawling have not been issued separate violation. multispecies permits and fish for NE (ii) Enter or fish in the Gulf of Maine, multispecies exclusively in state wa- Georges Bank, or Southern New Eng- ters. land Regulated Mesh Areas, except as (B) Possess, land, or fish for regu- provided in § 648.80(a)(3)(vi) and lated species or ocean pout, except win- (b)(2)(vi), and, for purposes of ter flounder as provided for in accord- transiting, all gear (other than exempt- ance with § 648.80(i) from or within the ed gear) must be stowed and not avail- areas described in § 648.80(i), while in able for immediate use as defined in possession of scallop dredge gear on a § 648.2. vessel not fishing under the scallop (iii) Gulf of Maine and Georges Bank DAS program as described in § 648.53, or Regulated Mesh Areas. (A) Fish with, fishing under a LAGC permit, unless use, or have on board, within the areas the vessel and the dredge gear conform described in § 648.80(a)(1) and (2), nets with the definition of not available for with mesh size smaller than the min- immediate use as defined in § 648.2, or imum mesh size specified in unless the vessel has not been issued a § 648.80(a)(3) and (4); except as provided Federal NE multispecies permit and in § 648.80(a)(5) through (8), (a)(9), fishes for, possesses, or lands NE multi- (a)(10), (a)(15), (a)(16), (d), (e), and (i); species exclusively in state waters. unless the vessel has not been issued a (vii) Scallop vessels. (A) Violate any of NE multispecies permit and fishes for the possession or landing restrictions NE multispecies exclusively in state on fishing with scallop dredge gear waters, or unless otherwise specified in specified in §§ 648.80(h) and 648.94. § 648.17. (B) Possess, land, or fish for regu- (B) Fish within the areas described in lated species, except winter flounder as § 648.80(a)(6) with net mesh smaller provided for in accordance with than the minimum size specified in § 648.80(i) from or within the areas de- § 648.80(a)(3) or (4). scribed in § 648.80(i), while in possession (iv) Southern New England Regulated of scallop dredge gear on a vessel not Mesh Area. Fish with, use, or have fishing under the scallop DAS program available for immediate use within the as described in § 648.53, or fishing under area described in § 648.80(b)(1), net mesh a general scallop permit, unless the smaller than the minimum size speci- vessel and the dredge gear conform fied in § 648.80(b)(2), except as provided with the definition of not available for in § 648.80(b)(3), (b)(9), (d), (e), and (i), or immediate use as defined in § 648.2, or unless the vessel has not been issued a unless the vessel has not been issued a Federal NE multispecies permit and Federal NE multispecies permit and fishes for multispecies exclusively in fishes for NE multispecies exclusively state waters, or unless otherwise speci- in state waters. fied in § 648.17. (viii) Northern shrimp and small mesh (v) Mid-Atlantic Regulated Mesh Area. multispecies exempted fisheries. (A) Fish Fish with, use, or have available for for, harvest, possess, or land in or from immediate use within the area de- the EEZ northern shrimp, unless such scribed in § 648.80(c)(1), nets of mesh shrimp were fished for or harvested by size smaller than the minimum mesh a vessel meeting the requirements size specified in § 648.80(c)(2); except as specified in § 648.80(a)(5). provided in § 648.80(c)(3), (d), (e), and (i); (B) Fish for, harvest, possess, or land or unless the vessel has not been issued in or from the EEZ, when fishing with a Federal NE multispecies permit and trawl gear, any of the exempted species fishes for NE multispecies exclusively specified in § 648.80(a)(9)(i), unless such in state waters, or unless otherwise species were fished for or harvested by specified in § 648.17. a vessel meeting the requirements (vi) Mid-water trawl exempted fishery. specified in § 648.80(a)(5)(ii) or (a)(9)(ii). (A) Fish for, land, or possess NE multi- (ix) Winter flounder state exemption species harvested by means of pair program. Violate any provision of the trawling or with pair trawl gear, ex- state waters winter flounder exemption cept under the provisions of § 648.80(d), program as provided in § 648.80(i).

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(6) Gear requirements—(i) For all per- mit and fishes for NE multispecies ex- sons. It is unlawful for any person, in- clusively in state waters. cluding any owner or operator of a ves- (ii) For vessel and operator permit hold- sel issued a valid NE multispecies per- ers. It is unlawful for any owner or op- mit or letter under § 648.4(a)(1)(i), un- erator of a vessel issued a valid NE less otherwise specified in § 648.17, to do multispecies permit or letter under any of the following: § 648.4(a)(1)(i), unless otherwise speci- (A) Obstruct or constrict a net as de- fied in § 648.17, to do any of the fol- scribed in § 648.80(g)(1) or (2). lowing: (B) Fish for, harvest, possess, or land (A) Gillnet gear. (1) If the vessel has any species of fish in or from the GOM/ been issued a limited access NE multi- GB Inshore Restricted Roller Gear species permit and fishes under a NE Area described in § 648.80(a)(3)(vii) with multispecies DAS or on a sector trip trawl gear where the diameter of any with gillnet gear, fail to comply with part of the trawl footrope, including gillnet tagging requirements specified discs, rollers or rockhoppers, is greater in §§ 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C), than 12 inches (30.5 cm). (a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (C) Fish for, land, or possess NE (c)(2)(v)(B)(3), or fail to produce imme- multispecies harvested with brush- diately, or cause to be produced imme- sweep trawl gear unless the vessel has diately, gillnet tags when requested by not been issued a Federal NE multispe- an authorized officer. cies permit and fishes for NE multispe- (2) Produce, or cause to be produced, cies exclusively in state waters. gillnet tags under § 648.80(a)(3)(iv)(C), (D) Possess brush-sweep trawl gear without the written confirmation from while in possession of NE multispecies, the Regional Administrator described unless the vessel has not been issued a in § 648.80(a)(3)(iv)(C). Federal NE multispecies permit and (3) Tag a gillnet or use a gillnet tag fishes for NE multispecies exclusively that has been reported lost, missing, in state waters. destroyed, or that was issued to an- (E) Use, set, haul back, fish with, other vessel. possess on board a vessel, unless (4) Sell, transfer, or give away gillnet stowed and not available for immediate tags that have been reported lost, miss- use as defined in § 648.2, or fail to re- ing, destroyed, or issued to another move, sink gillnet gear and other vessel. gillnet gear capable of catching NE (5) Enter, fail to remove sink gillnet multispecies, with the exception of sin- gear or gillnet gear capable of catching gle pelagic gillnets (as described in NE multispecies from, or be in the § 648.81(b)(2)(ii) and (d)(5)(ii)), in the areas, and for the times, described in areas and for the times specified in § 648.80(g)(6)(i) and (ii), except as pro- § 648.80(g)(6)(i) and (ii), except as pro- vided in §§ 648.80(g)(6)(i) and 648.81(i). vided in § 648.80(g)(6)(i) and (ii), and (B) Hook gear. Fail to comply with § 648.81(b)(2)(ii) and (d)(5)(ii), or unless the restrictions on fishing and gear otherwise authorized in writing by the specified in §§ 648.80(a)(3)(v), (a)(4)(v), Regional Administrator. (b)(2)(v), and (c)(2)(iv) if the vessel has (F) Fish for, land, or possess NE been issued a limited access NE multi- multispecies harvested with the use of species permit and fishes with hook de-hookers (‘‘crucifiers’’) with less gear in areas specified in § 648.80(a), (b), than 6-inch (15.2-cm) spacing between or (c). the fairlead rollers unless the vessel (7) Closed areas and EFH—(i) All per- has not been issued a Federal NE sons. It is unlawful for any person, in- multispecies permit and fishes for NE cluding any owner or operator of a ves- multispecies exclusively in state wa- sel issued a valid Federal NE multispe- ters. cies permit or letter under (G) Possess or use de-hookers § 648.4(a)(1)(i), unless otherwise speci- (‘‘crucifiers’’) with less than 6-inch fied in § 648.17, to do any of the fol- (15.2-cm) spacing between the fairlead lowing: rollers while in possession of NE multi- (A) Groundfish Closure Area restric- species, unless the vessel has not been tions. Enter, be on a fishing vessel in, issued a Federal NE multispecies per- or fail to remove gear from the EEZ

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portion of the areas described in monkfish Category A or B provisions § 648.81(a)(3), (4), and (5) and (d)(3), ex- as allowed under § 648.92(b)(2), call into cept as provided in § 648.81(a)(2), (d)(2), the DAS program prior to 1 hr before and (i). leaving port. (B) Groundfish Closure Area possession (ii) Call in DAS in excess of those al- restrictions. Fish for, harvest, possess, located, leased, or permanently trans- or land regulated species in or from the ferred, in accordance with the restric- closed areas specified in § 648.81(a) tions and conditions of § 648.82. through (d) and (n), unless otherwise (9) DAS restrictions for vessel and oper- specified in § 648.81(c)(2)(iii), (d)(5)(i), ator permit holders. It is unlawful for (iv), (viii), and (ix), (i), (b)(2), or as au- any owner or operator of a vessel thorized under § 648.85. issued a valid NE multispecies permit (C) Restricted Gear Areas. (1) Fish, or or letter under § 648.4(a)(1)(i), unless be in the areas described in § 648.81(f)(3) otherwise specified in § 648.17, to do any through (6) on a fishing vessel with mo- of the following: bile gear during the time periods speci- (i) If operating under the provisions fied in § 648.81(f)(1), except as provided of a limited access NE multispecies in § 648.81(f)(2). Handgear A permit south of the GOM (2) Fish, or be in the areas described Regulated Mesh Area, as defined at in § 648.81(f)(3) through (5) on a fishing § 648.80(a)(1), fail to declare the vessel vessel with lobster pot gear during the operator’s intent to fish in this area time periods specified in § 648.81(f)(1). via VMS or fail to obtain or retain on (3) Deploy in or fail to remove lobster board a letter of authorization from pot gear from the areas described in the Regional Administrator, as re- § 648.81(f)(3) through (5), during the quired by § 648.82(b)(6)(iii). time periods specified in § 648.81(f)(1). (ii) DAS Leasing Program. (A) Provide (D) Georges Bank Seasonal Closure false information on an application, re- Areas. Enter, fail to remove gear from, quired by § 648.82(k)(4)(xi), to down- or be in the areas described in § 648.81(c) grade the DAS Leasing Program base- during the time periods specified, ex- line. cept as provided in § 648.81(c)(2). (B) Lease NE multispecies DAS or (E) [Reserved] use leased DAS that have not been ap- (F) Closed Area II. Enter or be in the proved for leasing by the Regional Ad- area described in § 648.81(a)(5) on a fish- ministrator as specified in § 648.82(k). ing vessel, except as provided in (C) Provide false information on, or § 648.81(a)(5)(ii). in connection with, an application, re- (G) [Reserved] quired under § 648.82(k)(3), to effectuate (ii) Vessel and permit holders. It is un- the leasing of NE multispecies DAS. lawful for any owner or operator of a (D) Act as lessor or lessee of a NE vessel issued a valid NE multispecies multispecies Category B DAS, or Cat- permit or letter under § 648.4(a)(1)(i), egory C DAS. unless otherwise specified in § 648.17, (E) Act as lessor or lessee of NE when fishing with bottom-tending mo- multispecies DAS, if the lessor’s or the bile gear, fish in, enter, be on a fishing lessee’s vessels do not comply with the vessel in, the Habitat Management size restrictions specified in Areas described in § 648.370. § 648.82(k)(4)(ix). (8) DAS restrictions for all persons. It is (F) Sub-lease NE multispecies DAS. unlawful for any person, including any (G) [Reserved] owner or operator of a vessel issued a (H) Lease NE multispecies DAS to a valid NE multispecies permit or letter vessel that does not have a valid lim- under § 648.4(a)(1)(i), unless otherwise ited access multispecies permit. specified in § 648.17, to do any of the fol- (I) [Reserved] lowing: (J) Lease NE multispecies DAS if the (i) For vessels issued a limited access number of unused allocated DAS is less NE multispecies permit, or those than the number of DAS requested to issued a limited access NE multispecies be leased. permit and a limited access monkfish (K) Lease NE multispecies DAS in ex- permit (Category C, D, F, G, or H), but cess of the duration specified in not fishing under the limited access § 648.82(k)(4)(viii).

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(L) Combine, transfer, or consolidate (v) Spawning blocks. Fail to declare, DAS allocations, except as provided for and be, out of the NE multispecies DAS under the DAS Leasing Program or the program as required by § 648.82(g), using DAS Transfer Program, as specified the procedure described under under § 648.82(k) and (l), respectively. § 648.82(h), as applicable. (M) Lease NE multispecies DAS to or (vi) DAS notification. (A) For purposes from a common pool vessel if either of DAS notification, if required, or the Lessor or the Lessee vessel is a sec- electing, to have a VMS unit under tor vessel. § 648.10: (N) Act as a lessor or lessee of NE (1) Fail to have a certified, oper- multispecies DAS to or from a limited ational, and functioning VMS unit that access permit that has been rendered meets the specifications of § 648.9 on unusable as specified in board the vessel at all times. § 648.4(a)(1)(i)(N). (2) Fail to comply with the notifica- (iii) DAS Transfer Program. (A) Trans- tion, replacement, or any other re- fer NE multispecies DAS, or use trans- quirements regarding VMS usage speci- ferred DAS, that have not been ap- fied in § 648.10(b). proved for transfer by the Regional Ad- (B) Fail to comply with any provision ministrator, as specified in § 648.82(l). of the DAS notification program speci- (B) Provide false information on, or fied in § 648.10. in connection with, an application, re- (vii) Charter/party vessels. Participate quired by § 648.82(l)(2), for a NE multi- in the DAS program pursuant to § 648.82 species DAS transfer. when carrying passengers for hire on (C) Permanently transfer only a por- board a vessel during any portion of a tion of a vessel’s total allocation of fishing trip. DAS. (10) Gear marking requirement for all (D) Permanently transfer NE multi- persons. It is unlawful for any person, species DAS between vessels, if such including any owner or operator of a vessels do not comply with the size re- vessel issued a valid NE multispecies strictions specified in § 648.82(l)(1)(ii). permit or letter under § 648.4(a)(1)(i), (E) Transfer NE multispecies DAS to unless otherwise specified in § 648.17, to or from a common pool vessel if either fail to comply with the gear-marking the Transferor or the Transferee vessel requirements of § 648.84. is a sector vessel. (11) U.S./Canada Resource Management (F) Transfer NE multispecies DAS to Area—(i) Possession and landing restric- or from a sector vessel if either the tions of the U.S./Canada Area—(A) All Transferor or the Transferee vessel is Persons. (1) Fish for, harvest, possess or enrolled in a different sector for that land any regulated NE multispecies particular fishing year. from the areas specified in § 648.85(a)(1), (iv) Gillnet fishery. (A) Fail to declare, unless in compliance with the restric- and be, out of the non-exempt gillnet tions and conditions specified in fishery as required by § 648.82(j)(1)(ii), § 648.85(a)(3). using the procedure specified in (2) If fishing under a NE multispecies § 648.82(h). DAS in the Western U.S./Canada Area (B) For any common pool or sector or Eastern U.S./Canada Area specified vessel, fail to comply with the gillnet in § 648.85(a)(1), exceed the trip limits requirements and restrictions specified specified in § 648.85(a)(3)(iv), unless fur- in § 648.82(j), unless otherwise exempted ther restricted under § 648.85(b) or ex- pursuant to § 648.87. empted under § 648.87. (C) If a vessel has been issued a lim- (3) If fishing inside the Eastern U.S./ ited access Day gillnet category des- Canada Area and in possession of fish ignation, fail to comply with the re- in excess of what is allowed under more strictions and requirements specified restrictive regulations that apply out- in § 648.82(j)(1). side of the Eastern U.S./Canada Area, (D) If a vessel has been issued a lim- fish outside of the Eastern U.S./Canada ited access Trip gillnet category des- Area on the same trip, as prohibited ignation, fail to comply with the re- under § 648.85(a)(3)(ii)(A). strictions and requirements specified (4) If fishing both outside and inside in § 648.82(j)(2). of the areas specified for a SAP under

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§ 648.85(b)(3) and (7), under a NE multi- (iv) Reporting requirements for all per- species DAS in the Eastern U.S./Can- sons. (A) If fishing under a NE multi- ada Area specified in § 648.85(a)(1), fail species DAS or on a sector trip in the to abide by the DAS and possession re- Western U.S./Canada Area or Eastern strictions under § 648.85(b)(7)(v)(A)(2) U.S./Canada Area specified in through (4). § 648.85(a)(1), fail to report in accord- (B) Vessel and operator permit holders. ance with § 648.85(a)(3)(v). Fail to comply with the GB yellowtail (B) Fail to comply with the reporting flounder trip limit specified under requirements under § 648.85(a)(3)(iv)(C). § 648.85(a)(3)(ii)(A)(2) when fishing in- (ii) Gear requirements for all persons. If side and outside of the Eastern U.S./ fishing with trawl gear under a NE Canada Area on one trip. multispecies DAS or on a sector trip in (v) DAS—(A) All persons. If fishing the Eastern U.S./Canada Area defined under a NE multispecies DAS in the in § 648.85(a)(1)(ii), fail to fish with a Eastern U.S./Canada Area specified in haddock separator trawl, flounder § 648.85(a)(1)(ii), and in one of the SAPs trawl net, or Ruhle trawl, as specified specified in § 648.85(b)(3) or (8) on the in § 648.85(a)(3)(iii) and (b)(6)(iv)(J)(1), same trip, fail to comply with the no unless using other gear authorized discard and DAS flip provisions speci- under § 648.85(b)(6) or (8). fied in § 648.85(b)(3)(xi) and (b)(8)(v)(I), or the minimum Category A DAS re- (iii) Notification and VMS requirements quirement specified in § 648.85(b)(3)(xii) for all persons. (A) Enter or fish in the and (b)(8)(v)(J). Western U.S./Canada Area or Eastern (B) Vessel and operator permit holders. U.S./Canada Area specified in (1) [Reserved] § 648.85(a)(1), unless declared into the (2) For vessels fishing inside and out- area in accordance with side the Eastern U.S./Canada Area on § 648.85(a)(3)(ii). the same trip, fail to comply with the (B) If declared into one of the areas most restrictive regulations that apply specified in § 648.85(a)(1), fish during on the trip as required by that same trip outside of the declared § 648.85(a)(3)(ii)(A). area, unless in compliance with the ap- (vi) Closure of the U.S./Canada Area for plicable restrictions specified under all persons. If fishing under a NE multi- § 648.85(a)(3)(ii)(A) or (B). species DAS or on a sector trip, declare (C) If the vessel has been issued a into, enter, or fish in the Eastern U.S./ limited access NE multispecies DAS Canada Area specified in § 648.85(a)(1) if permit, and is in the area specified in the area is closed under the authority § 648.85(a), fail to comply with the VMS of the Regional Administrator as de- requirements in § 648.85(a)(3)(i). scribed in § 648.85(a)(3)(iv)(D) or (E), un- (D) If fishing under a NE multispecies less fishing in the Closed Area II DAS or on a sector trip in the Eastern Yellowtail Flounder/Haddock SAP U.S./Canada Area specified in specified in § 648.85(b)(3) or the Eastern § 648.85(a)(1)(ii), but not in a SAP speci- U.S./Canada Haddock SAP Program fied in § 648.85(b) on the same trip, fail specified in § 648.85(b)(7). to comply with the requirements speci- (12) SAP restrictions (i) It is unlawful fied in § 648.85(a)(3). for any person to: (E) Fail to notify NMFS via VMS (A) If declared into the areas speci- prior to departing the Eastern U.S./ fied in § 648.85(b), enter or exit the de- Canada Area, when fishing inside and clared areas more than once per trip. outside of the area on the same trip, in (B) If a vessel is fishing under a Cat- accordance with § 648.85(a)(3)(ii)(A)(1). egory B DAS in the Closed Area II (F) When fishing inside and outside of Yellowtail Flounder SAP specified in the Eastern U.S./Canada Area on the § 648.85(b)(3), the Regular B DAS Pro- same trip, fail to abide by the most re- gram specified in § 648.85(b)(6), or the strictive requirements that apply to Eastern U.S./Canada Haddock SAP any area fished, including the DAS specified in § 648.85(b)(7), remove any counting, trip limits, and reporting re- fish caught with any gear, including quirements that apply, as described in dumping the contents of a net, except § 648.85(a)(3)(ii)(A). on board the vessel.

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(ii) General restrictions for vessel and ibut, or monkfish while fishing under a operator permit holders. Discard legal- Regular B DAS in the Regular B DAS sized NE regulated multispecies, ocean Program, as described in pout, or Atlantic halibut while fishing § 648.85(b)(6)(iv)(E). under a SAP, as described in (E) If fishing in the Regular B DAS §§ 648.85(b)(3)(xi) or 648.85(b)(7)(v)(I). Program specified in § 648.85(b)(6), fail (iii) Closed Area II Yellowtail Flounder/ to comply with the landing limits spec- Haddock SAP restrictions for all persons. ified in § 648.85(b)(6)(iv)(D). (A) If fishing under the Closed Area II (F) If fishing under a Regular B DAS Yellowtail Flounder/Haddock SAP, fish in the Regular B DAS Program, fail to for, harvest, possess, or land any regu- comply with the DAS flip requirements lated NE multispecies or ocean pout of § 648.85(b)(6)(iv)(E) if the vessel har- from the area specified in vests and brings on board more than § 648.85(b)(3)(ii), unless in compliance the landing limit for a groundfish with § 648.85(b)(3)(i) through (xiii). stock of concern specified in (B) Enter or fish in Closed Area II as § 648.85(b)(6)(iv)(D), other groundfish specified in § 648.81(a)(5), unless de- specified under § 648.86, or monkfish clared into the area in accordance with under § 648.94. § 648.85(b)(3)(v) or (b)(8)(v)(D). (G) DAS usage restrictions. (1) If fish- (C) Enter or fish in Closed Area II ing in the Regular B DAS Program, fail under the Closed Area II Yellowtail to comply with the restriction on DAS Flounder/Haddock SAP outside of the use specified in § 648.82(d)(2)(i)(A). season specified in § 648.85(b)(3)(iii). (2) If fishing in the Regular B DAS (D) If fishing in the Closed Area II Program specified in § 648.85(b)(6), fail Yellowtail Flounder/Haddock SAP to comply with the minimum Category specified in § 648.85(b)(3), exceed the A DAS and Category B DAS accrual re- number of trips specified in quirements specified in § 648.85(b)(3)(vi) or (vii). § 648.85(b)(6)(iv)(F). (E) If fishing in the Closed Area II (3) Use a Regular B DAS in the Reg- Yellowtail Flounder/Haddock SAP ular B DAS Program specified in specified in § 648.85(b)(3), exceed the § 648.85(b)(6), if the program has been trip limits specified in closed as specified in § 648.85(b)(6)(iv)(G) § 648.85(b)(3)(viii). or (H), or (b)(6)(vi). (F) If fishing in the Closed Area II (H) VMS requirements. (1) If fishing in Yellowtail Flounder/Haddock SAP the Regular B DAS Program specified specified in § 648.85(b)(3), fail to comply in § 648.85(b)(6), fail to comply with the with the gear requirements specified in VMS requirement specified in § 648.85(b)(3)(x). § 648.85(b)(6)(iv)(A). (iv) [Reserved] (2) If fishing in the Regular B DAS (v) Regular B DAS Program restrictions Program specified in § 648.85(b)(6), fail for vessel and operator permit holders. (A) to comply with the VMS declaration If fishing in the Regular B DAS Pro- requirement specified in gram specified in § 648.85(b)(6), fail to § 648.85(b)(6)(iv)(C). comply with §§ 648.85(b)(6)(iv)(A) (I) If fishing in the Regular B DAS through (J). Program specified in § 648.85(b)(6), fail (B) If fishing in the Regular B DAS to comply with the observer notifica- Program specified in § 648.85(b)(6), fail tion requirement specified in to use a haddock separator trawl as de- § 648.85(b)(6)(iv)(B). scribed in § 648.85(a)(3)(iii)(A), or other (J) If fishing in the Regular B DAS approved gear as described in Program specified in § 648.85(b)(6), fail § 648.85(b)(6)(iv)(J). to comply with the reporting require- (C) If possessing a Ruhle Trawl, ei- ments specified in § 648.85(b)(6)(iv)(I). ther at sea or elsewhere, as allowed (vi) Eastern U.S./Canada Haddock SAP under § 648.85(b)(6)(iv)(J)(1) or Restrictions—(A) All Persons. (1) If fish- (b)(8)(v)(E)(1), fail to comply with the ing under a NE multispecies DAS or on net specifications under a sector trip in the Eastern U.S./Can- § 648.85(b)(6)(iv)(J)(3). ada Haddock SAP specified in (D) Discard legal-sized NE regulated § 648.85(b)(8), in the area specified in multispecies, ocean pout, Atlantic hal- § 648.85(b)(8)(ii), and during the season

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specified in § 648.85(b)(8)(iv), fail to landing limit specified in comply with § 648.85(b)(8)(v). §§ 648.85(b)(8)(v)(F) or 648.86. (2) VMS and declaration requirements. (ii) If fishing in the Eastern U.S./Can- (i) If fishing under a NE multispecies ada Haddock SAP Area under a Cat- DAS or on a sector trip in the Eastern egory B DAS, fail to have the min- U.S./Canada Haddock SAP in the area imum number of Category A DAS specified in § 648.85(b)(8)(ii), fail to com- available as required by ply with the VMS requirements in § 648.85(b)(8)(v)(J). § 648.85(b)(8)(v)(B). (3) Fish in the Eastern U.S./Canada (ii) If fishing under a NE multispecies Haddock SAP specified in § 648.85(b)(8), DAS or on a sector trip, fish in the if the SAP is closed as specified in Eastern U.S./Canada Haddock SAP § 648.85(b)(8)(v)(K) or (L). specified in § 648.85(b)(8), unless de- (13) Possession and landing restrictions. clared into the program in accordance (i) It is unlawful for any person to: with § 648.85(b)(8)(v)(D). (A) Under § 648.85 or § 648.86, fail to (3) Enter or fish in the Eastern U.S./ offload a sufficient amount of regu- Canada Haddock SAP outside of the lated species or ocean pout subject to a season specified in § 648.85(b)(8)(iv). daily possession limit at the end of a (4) If possessing a Ruhle Trawl, either fishing trip, as required by § 648.86(i). at sea or elsewhere, as allowed under (B) Scallop vessels. Possess or land § 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fish caught with nets of mesh smaller fail to comply with the net specifica- than the minimum size specified in tions under § 648.85(b)(6)(iv)(J)(3). § 648.51, or with scallop dredge gear on (5) Possession limits and restrictions. (i) a vessel not fishing under the scallop If fishing under a NE multispecies DAS DAS program described in § 648.54, or in the Eastern U.S./Canada Haddock fishing under a general scallop permit, SAP, exceed the possession limits spec- unless said fish are caught, possessed, ified in § 648.85(b)(8)(v)(F). or landed in accordance with §§ 648.80 (ii) If fishing under the Eastern U.S./ and 648.86, or unless the vessel has not Canada Haddock SAP, fish for, harvest, been issued a Federal NE multispecies possess, or land any regulated NE permit and fishes for NE multispecies multispecies from the area specified in exclusively in state waters. § 648.85(b)(8)(ii), unless in compliance (ii) Vessel and operator permit holders. with the restrictions and conditions of (A) Land, or possess on board a vessel, § 648.85(b)(8)(v)(A) through (I). more than the possession or landing (6) If fishing in the Eastern U.S./Can- limits specified in § 648.86(a), (b), (c), ada Haddock SAP specified in (d), (e), (g), (h), (j), (k), (l), (n), and (o); § 648.85(b)(8), fail to comply with the re- or violate any of the other provisions porting requirements of of § 648.86, unless otherwise specified in § 648.85(b)(8)(v)(G). § 648.17. (7) If fishing under the Eastern U.S./ (B) Possess or land per trip more Canada Haddock SAP specified in than the possession or landing limits § 648.85(b)(8), fail to comply with the ob- specified in § 648.86(a), (b), (c), (e), (g), server notification requirements of (h), (j), (l), (m), (n), and (o); § 648.82(b)(5) § 648.85(b)(8)(v)(C). and (6); § 648.85; or § 648.88, if the vessel (B) Vessel and operator permit holders. has been issued a limited access NE (1) If fishing in the Eastern U.S./Can- multispecies permit or open access NE ada Haddock SAP Area, and other por- multispecies permit, as applicable. tions of the Eastern U.S./Canada Had- (C) Fish for, possess at any time dur- dock SAP Area on the same trip, fail to ing a trip, or land regulated NE multi- comply with the restrictions in species or ocean pout specified in § 648.85(b)(8)(v)(A). § 648.86 after using up the vessel’s an- (2) DAS usage restrictions. (i) If fishing nual DAS allocation or when not par- in the Eastern U.S./Canada Haddock ticipating in the DAS program pursu- SAP Area under a Category B DAS, fail ant to § 648.82, unless otherwise ex- to comply with the DAS flip require- empted by § 648.82(b)(5), § 648.87, or ments of § 648.85(b)(8)(v)(I), if the vessel § 648.89, or allowed pursuant to possesses more than the applicable § 648.85(b)(6) or § 648.88.

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(D) Atlantic cod. (1) Enter port, while ing on a sector trip to do any of the fol- on a NE multispecies DAS trip, in pos- lowing: session of more than the allowable (i) Fail to abide by the restrictions limit of cod specified in § 648.86(b)(1), specified in § 648.87(b)(1). unless the vessel is fishing under the (ii) Catch regulated species or ocean cod exemption specified in § 648.86(b)(4). pout in excess of ACE allocated or (2) Enter port, while on a NE multi- transferred to that sector pursuant to species DAS trip, in possession of more § 648.87(b)(1)(i) and (viii), respectively. than the allowable limit of cod speci- (iii) Fish in a particular stock area, fied in § 648.86(b)(2). the Eastern U.S./Canada Area, or a (3) [Reserved] SAP if the sector has not been allo- (4) Fail to declare through VMS an cated, does not acquire, or otherwise intent to be exempt from the GOM cod has insufficient ACE remaining/avail- trip limit under § 648.86(b)(1), as re- able for all stocks caught in that area, quired under § 648.86(b)(4), or fish north or fail to operate in a manner that of the exemption line if in possession of would not catch stocks for which the more than the GOM cod trip limit spec- sector has not been allocated ACE, as ified under § 648.86(b)(1). described in an approved sector oper- (E) Atlantic halibut. Possess or land ations plan pursuant to per trip more than the possession or § 648.87(b)(2)(xiv), as prohibited in landing limit specified under § 648.86(c). § 648.87(b)(1)(ii). (F) White hake. Possess or land more (iv) Violate the provisions of an ap- white hake than allowed under proved sector operations plan or letter § 648.86(e). of authorization issued by the Regional (G) Yellowtail flounder. While fishing Administrator, as required by in the areas specified in § 648.86(g)(1) § 648.87(b)(1)(iv) and (b)(2). with a NE multispecies Handgear A (v) Fail to remain in the sector for permit, or under the NE multispecies the remainder of the fishing year, as DAS program, or under the limited ac- required by § 648.87(b)(1). cess monkfish Category C or D permit (vi) Unless otherwise required to use provisions, possess yellowtail flounder a NE multispecies DAS to participate in excess of the limits specified under in another fishery, fish in the NE § 648.86(g)(1), unless fishing under the multispecies DAS program in a given recreational or charter/party regula- fishing year or, for common pool ves- tions, or transiting with gear stowed sels, fish in an approved sector in a and not available for immediate use as given fishing year. defined in § 648.2. (vii) If a vessel is removed from a sec- (H) GB winter flounder. Possess or tor for violating the Sector rules, fish land more GB winter flounder than al- under the NE multispecies regulations lowed under § 648.86(j). for common pool vessels. (I) For common pool vessels, includ- (viii) Discard legal-sized regulated ing vessels issued a limited access species or ocean pout allocated to sec- monkfish permit and fishing under the tors pursuant to § 648.87(b)(1)(i), as pro- monkfish Category C or D permit pro- hibited by § 648.87(b)(1)(v). visions, land regulated species or ocean (ix) Fail to comply with the report- pout more than once within any 24-hr ing requirements specified in period. § 648.87(b)(1)(v) or (vi). (J) For common pool vessels, includ- (x) Leave port to begin a trip before ing vessels issued a limited access an at-sea monitor has arrived and monkfish permit and fishing under the boarded the vessel or before electronic monkfish Category C or D permit pro- monitoring equipment has been prop- visions, fail to comply with the most erly installed if assigned to carry ei- restrictive trip limits applicable when ther an at-sea monitor or electronic fishing in multiple areas, as specified monitoring equipment for that trip, as in § 648.85 or § 648.86. prohibited by § 648.87(b)(5)(iii)(A). (14) Sector requirements. It is unlawful (xi) Leave port to begin a trip if a for any person, including any owner or vessel has failed a review of safety operator of a vessel issued a valid Fed- issues by an at-sea monitor and has not eral NE multispecies permit and fish- successfully resolved any identified

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safety deficiencies, as prohibited by (C) Open access NE multispecies (non- § 648.87(b)(5)(iv)(A). regulated species permit). It is unlawful (15) Open access permit restrictions—(i) for any owner or operator of a vessel All persons. (A) Violate any provision of issued a valid open access NE multispe- the open access permit restrictions of cies permit to possess or land any regu- § 648.88. lated species, as defined in § 648.2, or to (B) Possess on board gear other than violate any applicable provisions of that specified in § 648.88(a)(2)(i), or fish § 648.88, unless otherwise specified in with hooks greater than the number § 648.14, § 648.86, or § 648.88. specified in § 648.88(a)(2)(iii), if fishing (16) Recreational and charter/party re- under an open access Handgear permit. quirements. It is unlawful for the owner (C) Fish for, possess, or land regu- or operator of a charter or party boat lated multispecies from March 1 to issued a valid Federal NE multispecies March 20, if issued an open access permit, or for a recreational vessel, as Handgear permit. applicable, unless otherwise specified in § 648.17, to do any of the following if (ii) Vessel and operator permit holders— fishing under the recreational or char- (A) Open access Handgear permit. It is ter/party regulations: unlawful for any person owning or op- (i) Possession and landing. Possess erating a vessel issued an open access cod, haddock, or Atlantic halibut in ex- NE multispecies Handgear permit to do cess of the possession limits specified any of the following, unless otherwise in § 648.89(c). specified in § 648.17: (ii) Gear requirements. Fish with gear ( ) Violate any provision of the open 1 in violation of the restrictions of access Handgear permit restrictions of § 648.89(a). § 648.88(a). (iii) Seasonal and area restrictions. (A) (2) Possess, at any time during a trip, Fail to comply with the applicable re- or land per trip, more than the posses- strictions if transiting the GOM Regu- sion limit of NE multispecies specified lated Mesh Area with cod on board that in § 648.88(a), unless the vessel is a char- was caught outside the GOM Regulated ter or party vessel fishing under the Mesh Area. charter/party restrictions specified in (B) Fail to comply with the require- § 648.89. ments specified in § 648.81(d)(5)(v) when (3) Use, or possess on board, gear ca- fishing in the areas described in pable of harvesting NE multispecies, § 648.81(b)(3) and (4) and (d) during the other than rod and reel, or handline time periods specified. gear, or tub-trawls, while in possession (iv) Restriction on sale and transfer. of, or fishing for, NE multispecies. Sell, trade, barter, or otherwise trans- (4) Possess or land NE multispecies fer; or attempt to sell, trade, barter or during the time period specified in otherwise transfer; NE multispecies for § 648.88(a)(2). a commercial purpose as specified in (5) If operating under the provisions § 648.89(d). of a limited access NE multispecies (v) Size limits. If fishing under the rec- Handgear B permit south of the GOM reational or charter/party regulations, Regulated Mesh Area, as defined at possess regulated species or ocean pout § 648.80(a)(1), fail to obtain or retain on that are smaller than the minimum board a letter of authorization from fish sizes specified in § 648.89(b)(1) and the Regional Administrator, as re- (b)(3). quired by § 648.88(a)(2)(iv). (vi) Identification. If fishing under the (B) Scallop multispecies possession limit recreational or charter/party regula- permit. It is unlawful for any person tions, possess regulated species or owning or operating a vessel issued a ocean pout without at least 2 square scallop multispecies possession limit inches (5.1 square cm) of contiguous permit to possess or land more than skin that allows for the ready identi- the possession limit of NE multispecies fication of the species of fish upon specified in § 648.88(c), or to possess or landing. land regulated species when not fishing (vii) Atlantic wolffish. If fishing under under a scallop DAS, unless otherwise the recreational or charter/party regu- specified in § 648.17. lations, possess Atlantic wolffish.

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(viii) Ocean pout. If fishing under the (l) Small-mesh multispecies. (1) It is un- recreational or charter/party regula- lawful for any person owning or oper- tions, possess ocean pout. ating a vessel issued a valid Federal (ix) Windowpane flounder. If fishing multispecies permit to land, offload, or under the recreational or charter/party otherwise transfer; or attempt to land, regulations, possess windowpane floun- offload, or otherwise transfer; small- der. mesh multispecies from one vessel to (17) Presumptions. For purposes of this another in excess of the limits speci- part, the following presumptions apply: fied in § 648.13. Regulated species possessed for sale (2) Presumptions. For purposes of this that do not meet the minimum sizes part, the following presumption ap- specified in § 648.83 are deemed to have plies: All small-mesh multispecies re- been taken from the EEZ or imported tained or possessed on a vessel issued in violation of these regulations, unless any permit under § 648.4 are deemed to the preponderance of all submitted evi- have been harvested from the EEZ. dence demonstrates that such fish were (m) Monkfish. It is unlawful for any harvested by a vessel not issued a per- person owning or operating a vessel mit under this part and fishing exclu- that engages in fishing for monkfish to sively within state waters, or by a ves- do any of the following, unless other- sel issued a valid High Seas Fishing wise fishing in accordance with, and Compliance permit that fished exclu- exempted under, the provisions of sively in the NAFO Regulatory Area. § 648.17: This presumption does not apply to (1) Permit requirement. (i) Fish for, fish being sorted on deck. possess, retain, or land monkfish, un- (18) Trimester TAC AM. It is unlawful less: for any person, including any owner or (A) The monkfish are being fished operator of a vessel issued a valid Fed- for, or were harvested, in or from the eral NE multispecies permit or letter EEZ by a vessel issued a valid under § 648.4(a)(1)(i), unless otherwise monkfish permit under § 648.4(a)(9). specified in § 648.17, to fish for, harvest, (B) The vessel does not hold a valid possess, or land regulated species or Federal monkfish permit and fishes for ocean pout in or from the closed areas or possesses monkfish exclusively in specified in § 648.82(n)(2)(ii) once such state waters. areas are closed pursuant to § 648.82(n)(2)(i). (C) The vessel does not hold a valid Federal monkfish permit and engages (19) At-sea/electronic monitoring service in recreational fishing. providers. It is unlawful for any at-sea/ electronic monitoring service provider, (D) The monkfish were harvested including individual at-sea monitors, from the NAFO Regulatory Area in ac- to do any of the following: cordance with the provisions specified (i) Fail to comply with the oper- under § 648.17. ational requirements, including the (ii) Fish for, possess, or land recordkeeping and reporting require- monkfish in or from the EEZ without ments, specified in § 648.87(b)(5). having been issued and possessing a (ii) Provide false or inaccurate infor- valid operator permit pursuant to mation regarding area fished; species § 648.5, and this permit is onboard the identification; or amount of each spe- vessel. cies kept, discarded, or landed. (2) Gear requirements. (i) Fish with or (20) AMs for both stocks of windowpane use nets with mesh size smaller than flounder, ocean pout, Atlantic halibut, the minimum mesh size specified in and Atlantic wolffish. It is unlawful for § 648.91(c) while fishing under a any person, including any owner or op- monkfish DAS, except as authorized by erator of a vessel issued a valid Federal § 648.91(c)(1)(iii). NE multispecies permit or letter under (ii) Fail to immediately produce § 648.4(a)(1)(i), unless otherwise speci- gillnet tags when requested by an au- fied in § 648.17, to fail to comply with thorized officer. the restrictions on fishing and gear (iii) Tag a gillnet with, or otherwise specified in § 648.90(a)(5)(i)(D) through use or possess, a gillnet tag that has (H). been reported lost, missing, destroyed,

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or issued to another vessel, or use or (8) Presumption. For purposes of this possess a false gillnet tag. part, the following presumption ap- (iv) Sell, transfer, or give away plies: All monkfish retained or pos- gillnet tags. sessed on a vessel issued any permit (v) If the vessel has been issued a under § 648.4 are deemed to have been valid limited access monkfish permit, harvested from the EEZ, unless the and fishes under a monkfish DAS, fail preponderance of evidence dem- to comply with gillnet requirements onstrates that such fish were harvested and restrictions specified in by a vessel that fished exclusively in § 648.92(b)(8). the NAFO Regulatory Area, as author- (3) Area restrictions. (i) Fail to comply ized under § 648.17. with the restrictions applicable to lim- (n) Summer flounder—(1) All persons. ited access Category G and H vessels specified under § 648.92(b)(9). Unless participating in a research ac- (ii) Fail to comply with the NFMA tivity as described in § 648.22(g), it is requirements specified at § 648.94(f). unlawful for any person to do any of (4) DAS requirements. (i) Fail to com- the following: ply with the monkfish DAS provisions (i) Permit requirement. Possess sum- specified at § 648.92 when issued a valid mer flounder in or harvested from the limited access monkfish permit. EEZ, either in excess of the possession (ii) Combine, transfer, or consolidate limit specified in § 648.106, or before or monkfish DAS allocations. after the time period specified in (5) Size limits. Fail to comply with the § 648.105, unless the vessel was issued a monkfish size limit restrictions of summer flounder moratorium permit § 648.93 when issued a valid monkfish and the moratorium permit is on board permit under § 648.4(a)(9) or when fish- the vessel and has not been surren- ing in the EEZ. dered, revoked, or suspended. However, (6) Possession and landing. (i) Fail to possession of summer flounder har- comply with the monkfish possession vested from state waters is allowed for limits and landing restrictions, includ- state-only permitted vessels when ing liver landing restrictions, specified transiting Federal waters within the under § 648.94. Block Island Sound Transit Area pro- (ii) Violate any provision of the vided they follow the provisions at monkfish incidental catch permit re- § 648.111. strictions as specified in §§ 648.4(a)(9)(ii) or 648.94(c). (ii) Transfer and purchase. (A) Pur- (7) Transfer and sale. (i) Sell, barter, chase or otherwise receive for a com- trade, or otherwise transfer for a com- mercial purpose, other than solely for mercial purpose; or attempt to sell, transport on land, summer flounder barter, trade, or otherwise transfer for from the owner or operator of a vessel a commercial purpose; any monkfish issued a summer flounder moratorium from a vessel without having been permit, unless in possession of a valid issued a valid monkfish vessel permit, summer flounder dealer permit. unless the vessel fishes for monkfish (B) Purchase or otherwise receive for exclusively in state waters, or exclu- commercial purposes summer flounder sively in the NAFO Regulatory Area in caught by a vessel subject to the pos- accordance with the provisions speci- session limit of § 648.106. fied under § 648.17. (C) Purchase or otherwise receive for (ii) Purchase, possess, or receive as a a commercial purpose summer flounder dealer, or in the capacity of a dealer, landed in a state after the effective monkfish in excess of the possession or date published in the FEDERAL REG- trip limits specified in § 648.94. ISTER notifying permit holders that (iii) Land, offload, or otherwise commercial quota is no longer avail- transfer; or attempt to land, offload, or able in that state for the respective otherwise transfer; monkfish from one fishing year. vessel to another vessel, unless each vessel has not been issued a monkfish (iii) Gear requirements. Possess nets or permit and fishes exclusively in state netting with mesh not meeting the waters. minimum mesh requirement of § 648.108

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if the person possesses summer floun- (C) Fish west or south, as appro- der harvested in or from the EEZ in ex- priate, of the line specified in cess of the threshold limit of § 648.108(b)(1) if exempted from the min- § 648.106(a). imum mesh requirement specified in (2) Vessel and operator permit holders. § 648.108 by a summer flounder exemp- Unless participating in a research ac- tion permit. tivity as described in § 648.102(e), it is (3) Charter/party restrictions. Unless unlawful for any person owning or op- participating in a research activity as erating a vessel issued a summer floun- described in § 648.102(e), it is unlawful der permit (including a moratorium for the owner and operator of a party permit) to do any of the following: or charter boat issued a summer floun- (i) Possession and landing. (A) Possess der permit (including a moratorium 100 lb (45.4 kg) or more of summer permit), when the boat is carrying pas- flounder between May 1 and October 31, sengers for hire or carrying more than or 200 lb (90.7 kg) or more of summer three crew members if a charter boat flounder between November 1 and April or more than five members if a party 30, unless the vessel meets the gear re- boat, to: quirements or restrictions specified in (i) Carry passengers for hire, or carry § 648.108. more than three crew members for a (B) Possess summer flounder in other charter boat or five crew members for than a container specified in § 648.106(d) a party boat, while fishing commer- if fishing with nets having mesh that cially pursuant to a summer flounder does not meet the minimum mesh-size moratorium permit. requirement specified in § 648.108(a), un- (ii) Possess summer flounder in ex- less the vessel is fishing pursuant to cess of the possession limit established the exemptions specified in § 648.108(b). pursuant to § 648.106. (C) Land summer flounder for sale in (iii) Fish for summer flounder other a state after the effective date of a no- than during a season specified pursuant tification in the FEDERAL REGISTER no- to § 648.105. tifying permit holders that commercial (iv) Sell or transfer summer flounder quota is no longer available in that to another person for a commercial state. purpose. (D) Sell or transfer to another person (4) Presumption. For purposes of this for a commercial purpose, other than part, the following presumption ap- solely for transport on land, any sum- plies: All summer flounder retained or mer flounder, possessed or landed by a possessed on a vessel issued a permit vessel not issued a summer flounder under § 648.4 are deemed to have been moratorium permit. harvested in the EEZ. (ii) Transfer and purchase. Sell or (o) Scup—(1) All persons. Unless a ves- transfer to another person for a com- sel is participating in a research activ- mercial purpose, other than solely for ity as described in § 648.122(e) or unless transport on land, any summer floun- a vessel has no Federal scup permit, der, unless the transferee has a valid possesses scup caught exclusively in summer flounder dealer permit. state waters, and is transiting Federal (iii) Gear requirements. (A) Fish with waters within the Block Island Sound or possess nets or netting that do not Transit Area in accordance with the meet the minimum mesh requirement, provisions at § 648.131, it is unlawful for or that are modified, obstructed or con- any person to do any of the following: stricted, if subject to the minimum (i) Permit requirement. Fish for, catch, mesh requirement specified in § 648.108, or retain for sale, barter, or trade scup unless the nets or netting are stowed in in or from the EEZ north of 35°15.3′ N. accordance with § 648.108(e). lat. on board a party or charter boat (B) Fish with or possess nets or net- without the vessel having been issued ting that do not meet the minimum an applicable valid party or charter mesh requirement, or that are modi- boat permit pursuant to § 648.4(a)(6), fied, obstructed or constricted, if fish- unless the vessel other than a party or ing with an exempted net described in charter vessel observes the possession § 648.108, unless the nets or netting are limit restrictions and prohibition stowed in accordance with § 648.108(f). against sales specified in § 648.125.

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(ii) Possession and landing. (A) Possess tivity as described in § 648.122(e), it is scup in or harvested from the EEZ unlawful for any person owning or op- north of 35°15.3′ N. lat. in an area erating a vessel issued a scup permit closed, or before or after a season es- (including a moratorium permit) to do tablished pursuant to §§ 648.124 and any of the following: 648.127. (i) Possession and landing. (A) Possess (B) Possess scup in excess of the pos- scup in excess of the threshold amount session limit established pursuant to specified in § 648.125, unless the vessel § 648.125. meets the minimum mesh-size restric- (C) Fish for, possess, or land scup tions specified in § 648.125. harvested in or from the EEZ north of (B) Land scup for sale after the effec- ° ′ 35 15.3 N. lat. for a commercial purpose tive date of a notification published in after the effective date of a notifica- the FEDERAL REGISTER stating that the tion published in the FEDERAL REG- commercial quota has been harvested. ISTER stating that the commercial (C) Possess scup in, or harvested quota has been harvested. from, the EEZ in an area closed by, or (D) Fish for, catch, possess, or retain scup in or from the EEZ north of before or after a season established 35°15.3′ N. lat. in excess of the amount pursuant to § 648.124. specified in § 648.125, unless the vessel (ii) Transfer and purchase. (A) Sell or complies with all of the gear restric- transfer to another person for a com- tions in § 648.125. mercial purpose, other than solely for (E) Fish for, catch, retain, or land transport on land, any scup, unless the scup in or from the EEZ north of transferee has a dealer permit issued 35°15.3′ N. lat. in excess of the limit es- under § 648.6. tablished through the annual specifica- (B) Transfer scup at sea, or attempt tion process and published in the FED- to transfer at sea to any vessel, any ERAL REGISTER pursuant to § 648.122(a). scup taken from the EEZ, unless in (iii) Minimum fish size. Possess, other compliance with the provisions of than solely for transport on land, scup § 648.13(i). harvested in or from the EEZ north of (3) Charter/party requirements. Unless 35°15.3′ N. lat. that do not meet the participating in a research activity as minimum fish size specified in § 648.126. described in § 648.122(e), it is unlawful (iv) Transfer and purchase. Purchase for the owner or operator of a party or or otherwise receive for a commercial charter boat issued a scup permit (in- purpose scup harvested from the EEZ cluding a moratorium permit), when north of 35°15.3′ N. lat., or from a vessel the boat is carrying passengers for issued a scup moratorium permit after hire, or when carrying more than three the effective date of a notification pub- crew members, if a charter boat, or lished in the FEDERAL REGISTER stat- more than five members, if a party ing that the commercial quota has boat to: been harvested. (i) Carry passengers for hire, or carry (v) Gear requirements. Fail to comply more than three crew members for a with any of the gear restrictions speci- charter boat, or five crew members for fied in § 648.125. a party boat, while fishing for scup (vi) Gear restricted areas. Fish for, under the terms of a moratorium per- catch, possess, retain, or land longfin mit issued pursuant to § 648.4(a)(6). squid, silver hake, or black sea bass in or from the areas and during the time (ii) Possess scup in excess of the pos- periods described in § 648.124(a) or (b) session limit established pursuant to while in possession of any trawl nets or § 648.128. netting that do not meet the minimum (iii) Fish for scup other than during a mesh restrictions or that are ob- season established pursuant to § 648.124. structed or constricted as specified in (iv) Sell scup or transfer scup to an- §§ 648.124 and 648.125(a), unless the nets other person for a commercial purpose or netting are stowed in accordance other than solely for transport on land. with § 648.125(a)(5). (v) Possess scup that do not meet the (2) Vessel and operator permit holders. minimum fish size specified in Unless participating in a research ac- § 648.126(b).

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(4) Presumption. For purposes of this (vi) Special management zone. Fail to part, the following presumption ap- comply with any of the restrictions for plies: All scup retained or possessed on special management zones specified in a vessel issued a permit under § 648.4 § 648.148(b). are deemed to have been harvested in (2) Vessel and operator permit holders. the EEZ, north of 35°15.3′ N. lat., unless Unless participating in a research ac- a preponderance of the evidence shows tivity as described in § 648.142(e), it is the fish were harvested by a vessel that unlawful for any person owning or op- fished exclusively in state waters. erating a vessel issued a black sea bass (p) Black sea bass—(1) All persons. Un- permit (including a moratorium per- less participating in a research activity mit) to do any of the following: as described in § 648.142(e), it is unlaw- (i) Permit requirement. Sell or transfer ful for any person to do any of the fol- to another person for a commercial lowing: purpose, other than solely for trans- (i) Permit requirement. Possess black port on land, any black sea bass from a sea bass in or harvested from the EEZ vessel, unless the transferee has a valid north of 35°15.3′ N. lat., either in excess black sea bass dealer permit. of the possession limit established pur- (ii) Possession and landing. (A) Land suant to § 648.145, or before or after the black sea bass for sale in any state, or time period established pursuant to part thereof, north of 35°15.3′ N. lat. § 648.146, unless the person is operating after the effective date of a notifica- a vessel issued a moratorium permit tion published in the FEDERAL REG- under § 648.4 and the moratorium per- ISTER stating that the commercial an- mit is on board the vessel. However, nual quota has been harvested and the possession of black sea bass harvested EEZ is closed to the harvest of black from state waters is allowed for state- sea bass. only permitted vessels when transiting (B) [Reserved] Federal waters within the Block Island (C) Land black sea bass for sale in Sound Transit Area provided they fol- any state south of North Carolina. low the provisions at § 648.151. (D) Possess black sea bass after the (ii) Possession and landing. Fish for, effective date of a notification pub- catch, possess, land, or retain black sea lished in the FEDERAL REGISTER stat- bass in or from the EEZ north of ing that the commercial annual quota 35°15.3′ N. lat. (the latitude of Cape has been harvested and the EEZ is Hatteras Light, NC, to the U.S.-Cana- closed to the harvest of black sea bass, dian border) in excess of the amount unless the vessel has been issued a specified in § 648.144(a)(1)(i), unless the Southeast Region Snapper/Grouper vessel complies with all of the gear re- Permit and fishes for and possess black strictions at § 648.144(a). sea bass south of 35°15.3′ N. lat. (iii) Transfer and purchase. Purchase (3) Charter/party restrictions. Unless or otherwise receive for commercial participating in a research activity as purposes, other than solely for trans- described in § 648.142(e), it is unlawful port on land, black sea bass landed for for the owner or operator of a party or sale by a moratorium vessel in any charter boat issued a black sea bass state, or part thereof, north of 35°15.3′ permit (including a moratorium per- N. lat., after the effective date of a no- mit), when the boat is carrying pas- tification published in the FEDERAL sengers for hire or carrying more than REGISTER stating that the commercial three crew members, if a charter boat, annual quota has been harvested and or more than five members, if a party the EEZ is closed to the harvest of boat, to: black sea bass. (i) Fish for black sea bass under the (iv) Gear restriction. Fail to comply terms of a moratorium permit issued with any of the gear restrictions speci- pursuant to § 648.4(a)(7). fied in § 648.144. (ii) Possess, retain, or land black sea (v) Size limits. Fish for, possess, land, bass in excess of the possession limit or retain black sea bass in or from the established pursuant to § 648.145. EEZ that does not comply with the (iii) Fish for black sea bass other minimum or maximum (as applicable) than during a time allowed pursuant to fish size specified in § 648.147. § 648.146.

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(iv) Sell black sea bass or transfer (4) Charter/party restrictions. Carry black sea bass from a vessel to another passengers for hire, or carry more than person for a commercial purpose other three crew members for a charter boat than solely for transport on land. or five crew members for a party boat, (4) Presumption. For purposes of this while fishing commercially pursuant to part, the following presumption ap- a bluefish permit issued under plies: All black sea bass retained or § 648.4(a)(8). possessed on a vessel issued a permit (5) Presumption. For purposes of this under § 648.4 are deemed to have been part, the following presumption ap- harvested in the EEZ, unless the vessel plies: All bluefish possessed on board a also has been issued a Southeast Re- party or charter vessel issued a permit gion Snapper/Grouper permit and fishes under § 648.4(a)(8)(ii) are deemed to for, retains, or possesses black sea bass south of 35°15.3′ N. lat. have been harvested from the EEZ. (q) Bluefish. Unless participating in a (r) Atlantic herring—(1) All persons. It research activity as described in is unlawful for any person to do any of § 648.162(g), it is unlawful for any per- the following: son to do any of the following: (i) Permit requirement. Operate, or act (1) Permit requirement. Possess in or as an operator of, a vessel with an At- harvest from the EEZ, Atlantic blue- lantic herring permit, or a vessel fish- fish, in excess of the daily possession ing for or possessing herring in or from limit found at § 648.164, unless the ves- the EEZ, unless the operator has been sel is issued a valid Atlantic bluefish issued, and is in possession of, a valid vessel permit under § 648.4(a)(8)(i) and operator permit. the permit is on board the vessel and (ii) Possession and landing. (A) Fish has not been surrendered, revoked, or for, possess, retain or land herring, un- suspended. less: (2) Possession and landing. (i) Land (1) The herring are being fished for, bluefish for sale in a state after the ef- or were harvested in or from, the EEZ fective date of a notification in the by a vessel holding a valid herring per- FEDERAL REGISTER pursuant to mit under this part and the operator on § 648.163(b), that the commercial quota board such vessel possesses a valid op- is no longer available in that state. (ii) Land bluefish for sale after the erator permit that is on board the ves- effective date of a notification in the sel. FEDERAL REGISTER pursuant to (2) The herring were harvested by a § 648.163(a), that the bluefish fishery is vessel not issued a herring permit that closed. fished exclusively in state waters. (3) Transfer and purchase. (i) Sell, bar- (3) The herring were harvested in or ter, trade or transfer; or attempt to from the EEZ by a vessel engaged in sell, barter, trade or otherwise trans- recreational fishing. fer; other than for transport, bluefish (4) The herring were possessed for that were harvested in or from the personal use as bait. EEZ, unless the vessel has been issued (5) Unless otherwise specified in a valid bluefish permit under § 648.17. § 648.4(a)(8)(i). (B) Fish for, possess, transfer, re- (ii) Purchase or otherwise receive for ceive, or sell; or attempt to fish for, a commercial purpose bluefish har- possess, transfer, receive, or sell; more vested from the EEZ after the effective than 2,000 lb (907.2 kg) of herring per date of the notification published in trip; or land, or attempt to land more the FEDERAL REGISTER stating that the commercial quota has been harvested. than 2,000 lb (907.2 kg) of herring per (iii) Purchase or otherwise receive day in or from a management area for a commercial purpose bluefish har- closed pursuant to § 648.201(a), or from vested by a Federally permitted vessel a river herring and shad catch cap clo- after the effective date of the notifica- sure area that has been closed to speci- tion published in the FEDERAL REG- fied gear pursuant to § 648.201(a)(4)(ii), ISTER stating that the commercial if the vessel has been issued and holds quota has been harvested. a valid herring permit.

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(C) Possess or land more herring than with Public Law 104–297, if the amount is allowed by the vessel’s Atlantic her- of herring transshipped exceeds the ring permit or the most restrictive her- amount of the border transfer specified ring possession limit associated with in § 648.200. the permits issued to vessels working (v) Gear and vessel requirements. (A) If cooperatively, including vessels pair fishing with midwater trawl or purse trawling, purse seining, or transferring seine gear, fail to comply with the re- herring at-sea. quirements of § 648.80(d) and (e). (iii) Processing requirements. (A) Proc- (B) Catch, take, or harvest Atlantic ess herring that was caught in or from herring in or from the EEZ with a U.S. the EEZ by a U.S. vessel that exceeds vessel that exceeds the size limits spec- the size limits specified in ified in § 648.4(a)(10)(iii). § 648.4(a)(10)(iii), in excess of the speci- (vi) Area requirements. (A) For the fication of USAP. purposes of observer deployment, fail (B) Discard herring carcasses at sea to notify NMFS/FSB at least 48 hr after removing the roe, if a Federally prior to departing on a declared her- permitted vessel; or in the EEZ, if not ring trip with a vessel issued a Cat- a Federally permitted vessel. egory A or B Herring Permit and fish- (C) Catch, take, or harvest herring ing with midwater trawl or purse seine for roe, at sea, if a Federally permitted gear, or on a trip with a vessel issued a vessel; or if not Federally permitted, in Category C, D, or E Herring Permit or from the EEZ in excess of any limit that is fishing with midwater trawl established by § 648.206(b)(24). gear in Management Areas 1A, 1B, and/ (iv) Transfer and purchase. (A) Pur- or 3, as defined in § 648.200(f)(1) and (3), chase, possess, receive; or attempt to pursuant to the requirements in purchase, possess, or receive; as a deal- § 648.80(d) and (e). er, or in the capacity of a dealer, her- (B) Possess, land, transfer, receive, ring harvested in or from the EEZ, sell, purchase, trade, or barter; or at- without having been issued, and in pos- tempt to transfer, receive, sell, pur- session of, a valid herring dealer per- chase, trade, or barter, or sell more mit. than 2,000 lb (907 kg) of Atlantic her- (B) Purchase, possess, receive; or at- ring per trip taken from the Herring tempt to purchase, possess, or receive; GOM Haddock Accountability Measure as a processor, or in the capacity of a Area and/or the Herring GB Haddock processor, herring from a fishing vessel Accountability Measure Area, defined with a herring permit or from a dealer in § 648.86(a)(3)(ii)(A)(1), by a vessel with a herring dealer permit, without issued an Atlantic herring permit and having been issued, and in possession that fished with midwater trawl gear, of, a valid herring processor permit. after the haddock cap for the area(s) (C) Sell, barter, trade, or otherwise has been reached pursuant to transfer; or attempt to sell, barter, § 648.86(a)(3), unless all herring pos- trade, or otherwise transfer; for a com- sessed or landed by the vessel was mercial purpose, any herring, unless caught outside the applicable Account- the harvesting vessel has been issued a ability Measure Area(s). herring permit, or unless the herring (C) Transit the Herring GOM Had- were harvested by a vessel without a dock Accountability Measure Area and/ Federal herring permit that fished ex- or the Herring GB Haddock Account- clusively in state waters. ability Measure Area, defined in (D) Purchase, possess, or receive, for § 648.86(a)(3)(ii)(A)(1), with a vessel a commercial purpose; or attempt to issued an Atlantic herring permit and purchase, possess, or receive, for a that fished with midwater trawl gear, commercial purpose; herring caught by when the 2,000-lb (907.2 kg) limit speci- a vessel without a herring permit, un- fied in § 648.86(a)(3)(ii)(A)(1) is in place less the herring was harvested by a ves- for the area being transited, in posses- sel without a Federal herring permit sion of more than 2,000 lb (907.2 kg) of that fished exclusively in state waters. herring, unless all herring on board (E) Transfer, or attempt to transfer, was caught outside of the applicable herring to a Canadian transshipment Herring GOM Haddock Accountability vessel that is permitted in accordance Measure Area and/or the Herring GB

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Haddock Accountability Measure Area, (C) Fail to comply with a letter of and all fishing gear is stowed and not authorization from the Regional Ad- available for immediate use, as defined ministrator. in § 648.2. (D) Transit Area 1A from June 1 (D) Fish for herring in Area 1A from through September 30 with more than June 1 through September 30 with 2,000 lb (907.2 kg) of herring while hav- midwater trawl gear. ing on board midwater trawl gear that (E) Possess or land haddock taken is not properly stowed or available for from the Herring GOM Haddock Ac- immediate use as defined in § 648.2. countability Measure Area and/or the (E) Discard haddock at sea that has Herring GB Haddock Accountability been brought on deck, or pumped into Measure Area, defined in the hold, of a vessel issued a Category § 648.86(a)(3)(ii)(A)(1), by a vessel issued A or B Herring Permit fishing on a de- an Atlantic herring permit and that clared herring trip, regardless of gear fished with midwater trawl gear, after or area fished, or on a trip with a ves- the haddock cap for the area(s) has sel issued a Category C, D, or E Herring been reached pursuant to § 648.86(a)(3), Permit fishing with midwater trawl unless all haddock possessed or landed gear, pursuant to the requirements in by the vessel was caught outside the § 648.80(d) and (e). applicable Accountability Measure (F) Transit or be in an area that has Area(s). zero percent sub-ACL available for har- (F) Transit the Herring GOM Had- vest specified at § 648.201(d) with her- dock Accountability Measure Area and/ ring on board, unless such herring were or the Herring GB Haddock Account- caught in an area or areas with an ability Measure Area, defined in available sub-ACL specified at § 648.86(a)(3)(ii)(A)(1), with a vessel § 648.201(d), all fishing gear is stowed issued an Atlantic herring permit and and not available for immediate use as that fished with midwater trawl gear, defined in § 648.2, and the vessel is when the 0-lb (0-kg) haddock possession issued a vessel permit that authorizes limit in § 648.86(a)(3)(ii)(A)(1) is in place for the area being transited, in posses- the amount of herring on board for the sion of haddock, unless all haddock on area where the herring was harvested. board was caught outside of the appli- (viii) VMS requirements. (A) Catch, cable Herring GOM Haddock Account- take, or harvest Atlantic herring in or ability Measure Area and/or the Her- from the EEZ, if a limited access her- ring GB Haddock Accountability Meas- ring vessel, unless equipped with an op- ure Area, and all fishing gear is stowed erable VMS unit. and not available for immediate use, as (B) Fail to notify NMFS Office of defined in § 648.2. Law Enforcement through VMS of the (G) Fish for, possess, or retain her- time and place of offloading at least 6 ring in any management area during a hours prior to landing or, if fishing season that has zero percent of the her- ends less than 6 hours before landing, ring sub-ACL allocated as specified in as soon as the vessel stops catching § 648.201(d). fish, if a vessel has been issued a lim- (vii) Transit and transport. (A) Transit ited access herring permit (i.e., Cat- or be in an area closed to fishing for egory A, B, or C) or a Category E Her- Atlantic herring pursuant to § 648.201(a) ring Permit or has declared an Atlantic with more than 2,000 lb (907.2 kg) of herring carrier trip via VMS. herring, unless all fishing gear is not (C) Fail to declare via VMS into the available for immediate use as defined herring fishery by entering the appro- in § 648.2. priate herring fishery code and appro- (B) Receive Atlantic herring at sea in priate gear code prior to leaving port or from the EEZ, solely for transport, at the start of each trip to harvest, without an Atlantic herring carrier let- possess, or land herring, if a vessel has ter of authorization from the Regional been issued a limited access herring Administrator or having declared an permit (i.e., Category A, B, or C) or Atlantic herring carrier trip via VMS issued a Category E Herring Permit or consistent with the requirements at is intending to act as an Atlantic her- § 648.4(a)(10)(ii). ring carrier.

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(2) Vessel and operator permit holders. by a vessel issued a Category C, D, or E It is unlawful for any person owning or Herring Permit that fished with operating a vessel holding a valid Fed- midwater trawl gear pursuant to eral Atlantic herring permit, or issued § 648.80(d). an operator’s permit, to do any of the (v) Fish with midwater trawl gear in following: any Northeast Multispecies Closed (i) Sell, purchase, receive, trade, bar- Area, as defined in § 648.81(a)(3) through ter, or transfer haddock or other regu- (5) and (c)(3) and (4), without a NMFS- lated NE multispecies (cod, witch certified observer on board, if the ves- flounder, plaice, yellowtail flounder, sel has been issued an Atlantic herring pollock, winter flounder, windowpane permit. flounder, redfish, white hake, and At- (vi) Slip or operationally discard lantic wolffish); or attempt to sell, pur- catch, as defined at § 648.2, unless for chase, receive, trade, barter, or trans- one of the reasons specified at fer haddock or other regulated NE § 648.202(b)(2), if fishing any part of a multispecies for human consumption; tow inside the Northeast Multispecies if the regulated NE multispecies are Closed Areas, as defined at § 648.81(a)(3) landed by a vessel issued a Category A through (5) and (c)(3) and (4). or B Herring Permit fishing on a de- (vii) Fail to immediately leave the clared herring trip, regardless of gear Northeast Multispecies Closed Areas or or area fished, or by a vessel issued a comply with reporting requirements Category C, D, or E Herring Permit after slipping catch or operationally fishing with midwater trawl gear pur- discarding catch, as required by suant to § 648.80(d). § 648.202(b)(4). (ii) Fail to comply with requirements (viii) Slip catch, as defined at § 648.2, for herring processors/dealers that han- unless for one of the reasons specified dle individual fish to separate out, and at § 648.11(m)(7)(i). retain, for at least 12 hours, all had- (ix) For vessels with Category A or B dock offloaded from a vessel issued a Herring Permits, fail to move 15 nm Category A or B Herring Permit that (27.78 km), as required by fished on a declared herring trip re- §§ 648.11(m)(7)(iv) and (v) and gardless of gear or area fished, or by a 648.202(b)(4)(iv). vessel issued a Category C, D, or E Her- (x) For vessels with Category A or B ring Permit that fished with midwater Herring Permits, fail to immediately trawl gear pursuant to § 648.80(d). return to port, as required by (iii) Sell, purchase, receive, trade, §§ 648.11(m)(7)(vi) and 648.202(b)(4)(iv). barter, or transfer; or attempt to sell, (xi) Fail to complete, sign, and sub- purchase, receive, trade, barter, or mit a Released Catch Affidavit as re- transfer; to another person, any had- quired by §§ 648.11(m)(7)(iii) and dock or other regulated NE. multispe- 648.202(b)(4)(ii). cies (cod, witch flounder, plaice, (xii) Fail to report or fail to accu- yellowtail flounder, pollock, winter rately report a slippage event on the flounder, windowpane flounder, redfish, Atlantic herring daily VMS catch re- white hake, and Atlantic wolffish) sep- port, as required by §§ 648.11(m)(7)(iii) arated out from a herring catch and 648.202(b)(4)(iii). offloaded from a vessel issued a Cat- (xiii) For vessels with Category A or egory A or B Herring Permit that B Herring Permits, fail to comply with fished on a declared herring trip re- industry-funded monitoring require- gardless of gear or area fished, or by a ments at § 648.11(m). vessel issued a Category C, D, or E Her- (xiv) For a vessel with a Category A ring Permit that fished with midwater or B Herring Permit, fail to comply trawl gear pursuant to § 648.80(d). with its NMFS-approved vessel moni- (iv) While operating as an at-sea her- toring plan requirements, as described ring processor, fail to comply with re- at § 648.11(m). quirements to separate out and retain (3) Presumption. For purposes of this all haddock offloaded from a vessel part, the following presumption ap- issued a Category A or B Herring Per- plies: All Atlantic herring retained or mit that fished on a declared herring possessed on a vessel issued any permit trip regardless of gear or area fished, or under § 648.4 are deemed to have been

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harvested from the EEZ, unless the cess red crab vessel permit or Federal preponderance of all submitted evi- red crab incidental catch permit. dence demonstrates that such Atlantic (2) Possession and landing. (i) Fish for, herring were harvested by a vessel fish- catch, possess, transport, land, sell, ing exclusively in state waters. trade, or barter; or attempt to fish for, (s) Spiny dogfish—(1) All persons. It is catch, possess, transport, land, sell, unlawful for any person to do any of trade, or barter; red crab in excess of the following: the limits specified in § 648.263. (i) Permit requirement. Purchase or (ii) Restriction on female red crabs. otherwise receive, other than solely for Fish for, catch, possess, transport, transport on land, spiny dogfish from land, sell, trade, or barter; or attempt any person on board a vessel issued a to fish for, catch, possess, transport, Federal spiny dogfish permit, unless land, sell, trade, or barter; female red the purchaser/receiver is in possession crabs in excess of one standard U.S. of a valid spiny dogfish dealer permit. fish tote. (ii) Transfer and purchase. Purchase (iii) Fish for, possess, or land red or otherwise receive for a commercial crab, in excess of the incidental limit purpose spiny dogfish landed by a Fed- specified at § 648.263(b)(1), after deter- erally permitted vessel in any state, mination that the TAL has been from Maine to Florida, after the EEZ is reached and notice of the closure date closed to the harvest of spiny dogfish. has been made. (2) Vessel and operator permit holders. (3) Transfer and purchase. (i) Transfer It is unlawful for any person owning or at sea, or attempt to transfer at sea, operating a vessel issued a valid Fed- either directly or indirectly, any red eral spiny dogfish permit or issued a crab or red crab parts taken in or from valid Federal operator’s permit to do the EEZ portion of the red crab man- any of the following: agement unit to any vessel. (ii) Purchase, possess, or receive; or (i) Permit requirement. Sell, barter, attempt to purchase, possess, or re- trade or transfer; or attempt to sell, ceive; more than 500 lb (226.8 kg) of barter, trade or otherwise transfer; whole red crab, or its equivalent in other than solely for transport on land, weight in accordance with the conver- spiny dogfish, unless the dealer, trans- sion provisions in § 648.263(a)(2), caught feror, or transferee has a valid dealer or possessed in the EEZ portion of the permit issued under § 648.6(a). red crab management unit by a vessel (ii) (A) Fish Possession and landing. without a valid Federal limited access for or possess spiny dogfish harvested red crab permit. in or from the EEZ after the EEZ is (iii) Purchase, possess, or receive; or closed to the harvest of spiny dogfish. attempt to purchase, possess, or re- (B) Land spiny dogfish for a commer- ceive; up to 500 lb (226.8 kg) of whole cial purpose after the EEZ is closed to red crab, or its equivalent in weight in the harvest of spiny dogfish. accordance with the conversion provi- (C) Possess more than the daily pos- sions in § 648.263(a)(2), caught in the session limit of spiny dogfish specified EEZ portion of the Red Crab Manage- in § 648.235. ment Unit by a vessel that has not (iii) Prohibition on finning. Violate been issued a valid limited access red any of the provisions in §§ 600.1203 and crab permit or red crab incidental 600.1204 applicable to the dogfish fish- catch permit under this subpart. ery that prohibit finning. (iv) Purchase or otherwise receive for (t) Red crab. It is unlawful for any a commercial purpose in excess of the person to do any of the following: incidental limit specified at (1) Permit requirement. Fish for, catch, § 648.263(b)(1), after determination that possess, transport, land, sell, trade, or the TAL has been reached and notice of barter; or attempt to fish for, catch, the closure date has been made. possess, transport, land, sell, trade, or (4) Prohibitions on processing and muti- barter; any red crab or red crab parts lation. (i) Retain, possess, or land red in or from the EEZ portion of the Red crab claws and legs separate from crab Crab Management Unit, unless in pos- bodies in excess of one standard U.S. session of a valid Federal limited ac- fish tote, if fishing on a red crab trip

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with a valid Federal limited access red golden or blueline tilefish that were crab permit. harvested in or from the Tilefish Man- (ii) Retain, possess, or land any red agement Unit, without having been crab claws and legs separate from crab issued, and in possession of, a valid bodies if the vessel has not been issued tilefish dealer permit. a valid Federal limited access red crab (iii) Vessel permit. (A) Sell, barter, permit or has been issued a valid Fed- trade, or otherwise transfer from a ves- eral limited access red crab permit, but sel; or attempt to sell, barter, trade, or is not fishing on a dedicated red crab otherwise transfer from a vessel; for a trip. commercial purpose, other than solely (iii) Retain, possess, or land more for transport on land, any golden or than two claws and eight legs per crab blueline tilefish, unless the vessel has if the vessel has been issued a valid been issued a commercial tilefish per- Federal red crab incidental catch per- mit, or unless the tilefish were har- mit, or has been issued a valid Federal vested by a vessel without a commer- limited access red crab permit and is not fishing on a dedicated red crab trip. cial tilefish permit that fished exclu- (iv) Possess or land red crabs that sively in State waters. have been fully processed at sea, i.e., (B) Operate a vessel that takes rec- engage in any activity that removes reational fishermen for hire to fish for meat from any part of a red crab, un- golden or blueline tilefish in the less a preponderance of available evi- Tilefish Management Unit without a dence shows that the vessel fished ex- valid tilefish charter/party vessel per- clusively in state waters and was not mit, as required in § 648.4(a)(12)(i). issued a valid Federal permit. (C) Operate a private recreational (5) Gear requirements. Fail to comply vessel to fish for, retain, and/or possess with any gear requirements or restric- blueline or golden tilefish, in the tions specified at § 648.264. Tilefish Management Unit, without a (6) Presumption. For purposes of this valid tilefish private recreational per- part, the following presumption ap- mit as required in § 648.4(a)(12)(iii). plies: All red crab retained or possessed (2) Possession and landing. (i) Fish for, on a vessel issued any permit under possess, retain, or land golden or § 648.4 are deemed to have been har- blueline tilefish, unless: vested in or from the Red Crab Man- (A) The tilefish are being fished for agement Unit, unless the preponder- or were harvested in or from the ance of all submitted evidence dem- Tilefish Management Unit by a vessel onstrates that such red crab were har- holding a valid tilefish permit under vested by a vessel fishing exclusively this part, and the operator on board outside of the Red Crab Management such vessel has been issued an operator Unit or in state waters. permit that is on board the vessel. (u) Golden and blueline tilefish. It is (B) The tilefish were harvested by a unlawful for any person owning or op- vessel that has not been issued a erating a vessel to do any of the fol- tilefish permit and that was fishing ex- lowing: clusively in State waters. (1) Permit requirements—(i) Operator permit. Operate, or act as an operator (C) The tilefish were harvested in or of, a vessel with a tilefish permit, or a from the Tilefish Management Unit by vessel fishing for or possessing golden a vessel with a Federal private rec- or blueline tilefish in or from the reational tilefish permit or a Federal Tilefish Management Unit, unless the charter/party tilefish permit. operator has been issued, and is in pos- (ii) Land or possess golden or blueline session of, a valid operator permit. tilefish harvested in or from the This requirement does not apply to op- Tilefish Management Unit, in excess of erators of private recreational vessels. either: (ii) Dealer permit. Purchase, possess, (A) The relevant commercial trip receive for a commercial purpose; or limit specified at § 648.295, unless pos- attempt to purchase, possess, or re- sessing golden tilefish authorized pur- ceive for a commercial purpose; as a suant to a valid tilefish IFQ allocation dealer, or in the capacity of a dealer, permit, as specified in § 648.294(a).

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(B) The relevant recreational posses- harvested by a vessel without a tilefish sion limit specified at § 648.296, if en- permit that fished exclusively in State gaged in recreational fishing including waters. charter/party vessels. (ii) Purchase or otherwise receive for (iii) Land golden tilefish harvested in commercial purposes golden or blueline or from the Tilefish Management Unit tilefish caught in the EEZ from outside in excess of that authorized under a the Tilefish Management Unit unless tilefish IFQ allocation permit as de- otherwise permitted under 50 CFR part scribed at § 648.294(a). 622. (iv) Fish for golden or blueline (4) Presumption. For purposes of this tilefish inside and outside of the part, the following presumption ap- Tilefish Management Unit on the same plies: All golden or blueline tilefish re- trip. tained or possessed on a vessel issued (v) Discard golden tilefish harvested any permit under § 648.4 are deemed to in or from the Tilefish Management have been harvested in or from the Unit, as defined in § 648.2, unless par- Tilefish Management Unit, unless the ticipating in recreational fishing, as preponderance of all submitted evi- defined in § 648.2, or while fishing sub- dence demonstrates that such tilefish ject to a trip limit pursuant to were harvested by a vessel fishing ex- § 648.295(a). clusively in state waters. (vi) Land or possess golden tilefish in (v) Skates—(1) All persons. It is unlaw- or from the Tilefish Management Unit, ful for any person to fish for, possess, on a vessel issued a valid tilefish per- transport, sell or land skates in or mit under this part, after the inci- from the EEZ portion of the skate dental golden tilefish fishery is closed management unit, unless: pursuant to § 648.295(a)(3), unless fish- (i) Onboard a vessel that possesses a ing under a valid tilefish IFQ alloca- valid skate vessel permit. tion permit as specified in § 648.294(a), (ii) Onboard a federally permitted or engaged in recreational fishing. lobster vessel (i.e., transfer at sea re- (vii) Land or possess blueline tilefish cipient) while in possession of only in or from the Tilefish Management whole skates as bait that are less than Unit, on a vessel issued a valid tilefish the maximum size specified at permit under this part, after the com- § 648.322(c). mercial blueline tilefish fishery is (2) All Federal permit holders. It is un- closed pursuant to § 648.295(b)(2), unless lawful for any owner or operator of a engaged in recreational fishing. vessel holding a valid Federal permit (viii) Land or possess golden or to do any of the following: blueline tilefish in or from the Tilefish (i) Retain, possess, or land thorny Management Unit, on a vessel issued a skates taken in or from the EEZ por- valid commercial tilefish permit under tion of the skate management unit this part, that do not have the head specified at § 648.2. and fins naturally attached to the fish. (ii) Retain, possess, or land barndoor (ix) Engage in recreational fishing skates taken in or from the EEZ por- for golden tilefish with fishing gear tion of the skate management unit that is not compliant with the gear re- when fishing under a bait letter of au- strictions specified at § 648.296. thorization as described in § 648.322(c); (x) Engage in recreational fishing for when fishing under a NE multispecies blueline tilefish outside of the rec- Category B DAS as described under reational open season specified at § 648.322(b); when fishing under the inci- § 648.296(b). dental skate possession limit for ves- (3) Transfer and purchase. (i) Pur- sels not under a DAS as described in chase, possess, or receive for a com- § 648.322(b)(4); or when fishing in a NE mercial purpose, other than solely for multispecies DAS exemption program transport on land; or attempt to pur- that allows the possession of skate or chase, possess, or receive for a com- skate parts in an amount not to exceed mercial purpose, other than solely for 10 percent by weight of all other spe- transport on land; golden or blueline cies on board, as specified in tilefish caught by a vessel without a § 648.80(b)(3)(ii), without a NE multispe- tilefish permit, unless the tilefish were cies or monkfish DAS.

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(iii) Discard any skate wings when in side of the EEZ portion (such as fishing possession of barndoor skate wings. within the NAFO Regulatory Area (iv) Retain, possess, or land smooth under § 648.17(a)(3)) of the skate man- skates taken in or from the GOM RMA agement unit or only in state waters. described at § 648.80(a)(1)(i). (w) Mid-Atlantic forage species. It is (3) Skate permitted vessel requirements. unlawful for any person owning or op- It is unlawful for any owner or oper- erating a vessel issued a valid commer- ator of a vessel holding a valid Federal cial permit under this part to fish for, skate permit to do any of the fol- possess, transfer, receive, or land; or lowing: attempt to fish for, possess, transfer, (i) Skate wings. Fail to comply with receive, or land; more than 1,700 lb the conditions of the skate wing pos- (771.11 kg) of all Mid-Atlantic forage session and landing limits specified at species combined per trip in or from § 648.322(b), unless holding a valid letter the Mid-Atlantic Forage Species Man- of authorization to fish for and land agement Unit, as defined at § 648.351(b). skates as bait at § 648.322(c). A vessel not issued a commercial per- (ii) Possession and transfer. (A) Trans- mit in accordance with § 648.4 that fer at sea, or attempt to transfer at fished exclusively in state waters or a sea, to any vessel, any skates unless in vessel that fished Federal waters out- compliance with the provisions of side of the Mid-Atlantic Forage Species §§ 648.13(h) and 648.322(c). Management Unit that is transiting (B) Purchase, possess, trade, barter, the area with gear that is stowed and or receive; or attempt to purchase, pos- not available for immediate use is ex- sess, trade, barter, or receive; skates empt from this prohibition. caught in the EEZ portion of the skate management unit by a vessel that has [74 FR 20535, May 4, 2009] not been issued a valid Federal skate EDITORIAL NOTE: For FEDERAL REGISTER ci- permit under this part. tations affecting § 648.14, see the List of CFR (C) Fish for, catch, possess, trans- Sections Affected, which appears in the port, land, sell, trade, or barter; or at- Finding Aids section of the printed volume tempt to fish for, catch, possess, trans- and at www.govinfo.gov. port, land, sell, trade, or barter; whole § 648.15 Facilitation of enforcement. skates and skate wings in excess of the possession limits specified at § 648.322. (a) General. See § 600.504 of this chap- (iii) DAS notification and skate wing ter. possession. Fail to comply with the pro- (b) Special notification requirements ap- visions of the DAS notification pro- plicable to surfclam and ocean quahog gram specified in §§ 648.53, 648.82, and vessel owners and operators—(1) Surfclam 648.92; for the Atlantic sea scallop, NE and ocean quahog open access permitted multispecies, and monkfish fisheries, vessels. Vessel owners or operators respectively; when issued a valid skate issued an open access surfclam or permit and fishing under the skate ocean quahog open access permit for wing possession limits at § 648.322. fishing in the ITQ Program, as speci- (iv) SNE Trawl and Gillnet Exemption fied at § 648.74, are required to declare areas restrictions. Fail to comply with their intended fishing activity via VMS the restrictions under the SNE Trawl prior to leaving port. and Gillnet Exemption areas for the (2) Maine mahogany quahog limited ac- NE skate fisheries at §§ 648.80(b)(5)(i)(B) cess permitted vessels. Beginning Janu- and 648.80(b)(6)(i)(B). ary 1, 2009, vessel owners or operators (4) Presumption. For purposes of this issued a limited access Maine mahog- part, the following presumption ap- any quahog permit for fishing for plies: All skates retained or possessed Maine mahogany quahogs in the Maine on a vessel are deemed to have been mahogany quahog zone, as specified at harvested in or from the Skate Man- § 648.78, are required to declare via agement Unit, unless the preponder- VMS, prior to leaving port, and enter- ance of evidence demonstrates that ing the Maine mahogany quahog zone, such skates were harvested by a vessel, their intended fishing activity, unless that has not been issued a Federal otherwise exempted under paragraph skate permit, fishing exclusively out- § 648.4(a)(4)(ii)(B)(1).

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(3) Declaration out of surfclam and or separate out from the herring catch ocean quahog fisheries. Owners or opera- all fish other than herring in the tors that are transiting between ports course of normal operations, must sep- or fishing in a fishery other than arate out and retain all haddock surfclams and ocean quahogs must ei- offloaded from a vessel issued a Cat- ther declare out of fisheries or declare egory A or B Herring Permit that the appropriate fishery, if required, via fished on a declared herring trip re- the VMS unit, before leaving port. The gardless of gear or area fished, or by a owner or operator discontinuing a fish- vessel issued a Category C, D, or E Her- ing trip in the EEZ or Maine mahogany ring Permit that fished with midwater quahog zone must return to port and trawl gear pursuant to § 648.80(d). Such offload any surfclams or ocean quahogs haddock may not be sold, purchased, prior to commencing fishing operations received, traded, bartered, or trans- in the waters under the jurisdiction of ferred, and must be retained, after they any state. have been separated, for at least 12 (4) Inspection by authorized officer. hours for dealers and processors on The vessel permits, the vessel, its gear, land, and for 12 hours after landing by and catch shall be subject to inspection upon request by an authorized officer. at-sea processors. The dealer or proc- (5) Authorization for use of fishing trip essor, including at-sea processors, must notification via telephone. The Regional clearly indicate the vessel that landed Administrator may authorize or re- the retained haddock or transferred the quire the notification of surfclam or retained haddock to an at-sea proc- ocean quahog fishing trip information essor. Authorized officers must be via a telephone call to the NMFS Office given access to inspect the haddock. of Law Enforcement nearest to the (2) All haddock separated out and re- point of offloading, instead of the use tained is subject to reporting require- of VMS. If authorized, the vessel owner ments specified at § 648.7. or operator must accurately provide (e) Retention of haddock by herring ves- the following information prior to de- sels using midwater trawl gear. A vessel parture of his/her vessel from the dock issued a Category A or B Herring Per- to fish for surfclams or ocean quahogs mit fishing on a declared herring trip in the EEZ: Name of the vessel; NMFS regardless of gear or area fished, or a permit number assigned to the vessel; vessel issued a Category C, D, or E Her- expected date and time of departure ring Permit and fishing with midwater from port; whether the trip will be di- trawl gear pursuant to § 648.80(d), may rected on surfclams or ocean quahogs; not discard any haddock that has been expected date, time, and location of brought on the deck or pumped into landing; and name of individual pro- the hold. viding notice. If use of a telephone call- in notification is authorized or re- [61 FR 34968, July 3, 1996, as amended at 62 quired, the Regional Administrator FR 14648, Mar. 27, 1997; 63 FR 27485, May 19, shall notify affected permit holders 1998; 71 FR 46875, Aug. 15, 2006; 72 FR 11276, through a letter, notification in the Mar. 12, 2007; 72 FR 51703, Sept. 11, 2007; 76 FR 56997, Sept. 15, 2011; 76 FR 60649, Sept. 29, FEDERAL REGISTER, e-mail, or other ap- 2011; 85 FR 26884, May 6, 2020] propriate means. (c) Radio hails. Permit holders, while § 648.16 Penalties. underway, must be alert for commu- nication conveying enforcement in- See § 600.735. structions and immediately answer via VHF-FM radio, channel 16 when hailed § 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area. by an authorized officer. Vessels not required to have VHF-FM radios by the (a) Fisheries included under exemp- Coast Guard are exempt from this re- tion—(1) NE multispecies. A vessel issued quirement. a valid High Seas Fishing Compliance (d) Retention of haddock by herring Permit under part 300 of this title and dealers and processors. (1) Federally per- that complies with the requirements mitted herring dealers and processors, specified in paragraph (b) of this sec- including at-sea processors, that cull tion, is exempt from NE multispecies

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permit, mesh size, effort-control, min- the definition of not available for im- imum fish size, and possession limit re- mediate use as defined in § 648.2; and strictions, specified in §§ 648.4, 648.80, (4) The vessel operator complies with 648.82, 648.83, and 648.86, respectively, the High Seas Fishing Compliance Per- while transiting the EEZ with NE mit and all NAFO conservation and en- multispecies on board the vessel, or forcement measures while fishing in landing NE multispecies in U.S. ports the NAFO Regulatory Area. that were caught while fishing in the [70 FR 21942, Apr. 28, 2005, as amended at 79 NAFO Regulatory Area. FR 52580, Sept. 4, 2014; 83 FR 48987, Sept. 28, (2) Monkfish. A vessel issued a valid 2018; 84 FR 34814, July 19, 2019] High Seas Fishing Compliance Permit under part 300 of this title and that § 648.18 Standardized bycatch report- complies with the requirements speci- ing methodology. fied in paragraph (b) of this section is NMFS shall comply with the Stand- exempt from monkfish permit, mesh ardized Bycatch Reporting Method- size, effort-control, and possession ology (SBRM) provisions established in limit restrictions, specified in §§ 648.4, the following fishery management 648.91, 648.92 and 648.94, respectively, plans by the Standardized Bycatch Re- while transiting the EEZ with porting Methodology: An Omnibus monkfish on board the vessel, or land- Amendment to the Fishery Manage- ing monkfish in U.S. ports that were ment Plans of the Mid-Atlantic and caught while fishing in the NAFO Reg- New England Regional Fishery Man- ulatory Area. agement Councils, completed March 2015, also known as the SBRM Omnibus (3) Skates. A vessel issued a valid Amendment, by the New England Fish- High Seas Fishing Compliance Permit ery Management Council, Mid-Atlantic under part 300 of this title and that Fishery Management Council, National complies with the requirements speci- Marine Fisheries Service Greater At- fied in paragraph (b) of this section is lantic Regional Fisheries Office, and exempt from skate permit and posses- National Marine Fisheries Service sion limit restrictions, specified in Northeast Fisheries Science Center: §§ 648.4 and 648.322, respectively, and Atlantic Bluefish; Mackerel, Squid, from Atlantic sea scallop, NE multi- and Butterfish; Atlantic Sea Scallop; species, or monkfish DAS effort control Atlantic Surfclam and Ocean Quahog; restrictions specified in §§ 648.53, 648.82, Atlantic Herring; Atlantic Salmon; and 648.92, respectively, and from mesh Deep-Sea Red Crab; Monkfish; North- size and gear restrictions specified in east Multispecies; Northeast Skate §§ 648.51, 648.80, and 648.91, respectively, Complex; Spiny Dogfish; Summer while transiting the EEZ with skates Flounder, Scup, and Black Sea Bass; on board the vessel, or landing skates and Tilefish. The Director of the Fed- in U.S. ports that were caught while eral Register approves this incorpora- fishing in the NAFO Regulatory Area. tion by reference in accordance with 5 These vessels may possess, retain, and U.S.C. 552(a) and 1 CFR part 51. You land barndoor skate; however, they may obtain a copy of the SBRM Omni- may not possess, retain, or land other bus Amendment from the Greater At- prohibited skate species specified in lantic Regional Fisheries Office §§ 648.14(v) and 648.322(g). (www.greateratlantic.fisheries.noaa.gov, (b) General requirements. (1) The vessel 978–281–9300). You may inspect a copy operator has a valid letter of author- at the Greater Atlantic Regional Fish- ization issued by the Regional Admin- eries Office, 55 Great Republic Drive, istrator on board the vessel; Gloucester, MA 01930 or at the National (2) For the duration of the trip, the Archives and Records Administration vessel fishes, except for transiting pur- (NARA). For information on the avail- poses, exclusively in the NAFO Regu- ability of this material at NARA, call latory Area and does not harvest fish 202–741–6030, or go to: www.archives.gov/ in, or possess fish harvested in, or federallregister/ from, the EEZ; codeloflfederallregulations/ (3) When transiting the EEZ, all gear ibrllocations.html. is properly stowed in accordance with [85 FR 47113, Aug. 4, 2020]

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Subpart B—Management Meas- evant details of the biology of the ures for the Mackerel, Squid, stock, fisheries that exploit the stock, and Butterfish Fisheries and data collection methods; (iv) The stock assessment provides § 648.20 Mid-Atlantic Fishery Manage- the following estimates: Fishing mor- ment Council Acceptable Biological tality rate (F) at MSY or an acceptable Catch (ABC) control rules. proxy maximum fishing mortality The SSC shall review the following threshold (MFMT) to define OFL, bio- criteria, and any additional relevant mass, biological reference points, stock information, to assign managed stocks status, OFL, and the respective uncer- to one of four types of control rules tainties associated with each value; based on the species’ assessments and and its treatment of uncertainty when de- (v) No substantial retrospective pat- veloping ABC recommendations. The terns exist in the stock assessment es- SSC shall review the ABC control rule timates of fishing mortality, biomass, assignment for stocks each time an and recruitment. ABC is recommended. ABCs may be (2) An ABC for stocks with an accept- recommended for up to three years for ed OFL probability distribution that is all stocks, with the exception of five analytically-derived will be determined years for spiny dogfish. The SCC may by applying the acceptable probability specify constant, multi-year ABCs, de- of overfishing from the MAFMC’s risk rived from the average of ABCs (or av- policy found in § 648.21(a) through (d) to erage risk of overfishing) if the average the probability distribution of the probability of overfishing remains be- OFL. tween zero and 40 percent, and does not (b) ABC control rule for a stock with an exceed a 50-percent probability in any OFL probability distribution that is modi- given year. The average ABCs may re- fied by the assessment team and accepted main constant for up to three years for by the SSC. (1) The SSC determines the all stocks, with the exception of five assessment OFL is acceptable and the years for spiny dogfish. The SSC may SSC accepts the assessment team’s deviate from the control rule methods modifications to the analytically-de- and recommend an ABC that differs rived OFL probability distribution, from the result of the ABC control rule based on the following: application; however, any such devi- ation must include the following: A de- (i) Key features of the stock biology, scription of why the deviation is war- the fisheries that exploit it, and/or the ranted; description of the methods used data collection methods for stock in- to derive the alternative ABC; and an formation are missing from, or poorly explanation of how the deviation is estimated in, the stock assessment; consistent with National Standard 2. (ii) The stock assessment provides The four types of ABC control rules are reference points (which may be prox- described below. ies), stock status, and uncertainties as- (a) ABC control rule for a stock with an sociated with each; however, the uncer- OFL probability distribution that is ana- tainty is not fully promulgated lytically-derived and accepted by the SSC. through the stock assessment model (1) The SSC determines that the assess- and/or some important sources of un- ment OFL and the assessment’s treat- certainty may be lacking; ment of uncertainty are acceptable, (iii) The stock assessment provides based on the following: estimates of the precision of biomass, (i) All important sources of scientific fishing mortality, and reference points; uncertainty are captured in the stock (iv) The accuracy of the minimum assessment model; fishing mortality threshold and pro- (ii) The probability distribution of jected future biomass is estimated in the OFL is calculated within the stock the stock assessment using ad hoc assessment and adequately describes methods; and the OFL uncertainty; (v) The modified OFL probability dis- (iii) The stock assessment model tribution provided by the assessment structure and treatment of the data team acceptably addresses the uncer- prior to use in the model include rel- tainty of the assessment.

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(2) An ABC for stocks with an OFL ance for the risk of overfishing is ad- probability distribution that is modi- dressed in the ABC development and fied by the assessment team and ac- recommendation process. cepted by the SSC will be determined (a) Stocks under a rebuilding plan. The by applying the acceptable probability probability of not exceeding the F nec- of overfishing from the MAFMC’s risk essary to rebuild the stock within the policy found in § 648.21(a) through (d) to specified time frame (rebuilding F or the probability distribution of the OFL FREBUILD) must be at least 50 percent, as modified by the assessment team. unless the default level is modified to a (c) ABC control rule for a stock with an higher probability for not exceeding OFL probability distribution that is modi- the rebuilding F through the formal fied by the SSC. (1) The SSC determines stock rebuilding plan. A higher prob- the assessment OFL is acceptable but ability of not exceeding the rebuilding the SSC derives the appropriate uncer- F would be expressed as a value greater tainty for OFL based on meta-analysis than 50 percent (e.g., 75-percent prob- and other considerations. This requires ability of not exceeding rebuilding F, the SSC to determine that the stock which corresponds to a 25-percent prob- assessment does not contain an esti- ability of exceeding rebuilding F). mated probability distribution of OFL or the OFL probability distribution in (b) Stocks not subject to a rebuilding the stock assessment is judged by the plan. (1) For stocks determined by the SSC to not adequately reflect uncer- SSC to have an atypical life history, tainty in the OFL estimate. the maximum probability of over- (2) An ABC for stocks with an OFL fishing as informed by the OFL dis- probability distribution that is modi- tribution will be 35 percent for stocks fied by the SSC will be determined by with a ratio of biomass (B) to biomass either: at MSY (BMSY) of 1.0 or higher (i.e., the (i) Applying the acceptable prob- stock is at BMSY or higher). The max- ability of overfishing from the imum probability of overfishing shall MAFMC’s risk policy found in decrease linearly from the maximum § 648.21(a) through (d) to the SSC-ad- value of 35 percent as the B/BMSY ratio justed OFL probability distribution. becomes less than 1.0 (i.e., the stock The SSC will use default assignments biomass less than BMSY) until the prob- of uncertainty in the adjusted OFL ability of overfishing becomes zero at a probability distribution based on lit- B/BMSY ratio of 0.10. An atypical life erature review and valuation of control history is generally defined as one that rule performance; or, has greater vulnerability to exploi- (ii) If the SSC cannot develop an OFL tation and whose characteristics have probability distribution, a default con- not been fully addressed through the trol rule of 75 percent of the FMSY value stock assessment and biological ref- will be applied to derive ABC. erence point development process. (d) ABC control rule for when an OFL (2) For stocks determined by the SSC cannot be specified. (1) The SSC deter- to have a typical life history, the max- mines that the OFL cannot be specified imum probability of overfishing as in- given the available information. formed by the OFL distribution will be (2) An ABC for stocks with an OFL 40 percent for stocks with a ratio of B that cannot be specified will be deter- to BMSY of 1.0 or higher (i.e., the stock mined by using control rules based on is at BMSY or higher). The maximum biomass and catch history and applica- probability of overfishing shall de- tion of the MAFMC’s risk policy found crease linearly from the maximum in § 648.21(a) through (d). value of 40 percent as the B/BMSY ratio [83 FR 15512, Apr. 11, 2018] becomes less 1.0 (stock biomass less than BMSY) until the probability of § 648.21 Mid-Atlantic Fishery Manage- overfishing becomes zero at a B/BMSY ment Council risk policy. ratio of 0.10. Stocks with typical life The risk policy shall be used by the history are those not meeting the cri- SSC in conjunction with the ABC con- teria in paragraph (b)(1) of this section. trol rules in § 648.20(a) through (d) to (c) Most restrictive ABC recommenda- ensure the MAFMC’s preferred toler- tion. (1) Unless otherwise allowed in

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paragraph (c)(2) of this section, for in- ation by the Mackerel, Squid, and stances in which the application of the Butterfish Committee of the MAFMC: risk policy approaches in either para- (1) Illex squid—Initial OY (IOY), in- graph (b)(1) or (2) of this section using cluding Research Set-Aside (RSA), do- OFL distribution, as applicable given mestic annual harvest (DAH), and do- life history determination, results in a mestic annual processing (DAP) for more restrictive ABC recommendation Illex squid, which, subject to annual re- than the calculation of ABC derived view, may be specified for a period of from the use of FREBUILD at the up to 3 years; MAFMC-specified overfishing risk level (2) Butterfish—Annual catch limit as outlined in paragraph (a) of this sec- (ACL); Annual catch target (ACT) in- tion, the SSC shall recommend to the cluding RSA, DAH, DAP; bycatch level MAFMC the lower of the ABC values. of the total allowable level of foreign (2) The SSC may specify higher 2019– fishing (TALFF), if any; and butterfish 2023 ABCs for Atlantic mackerel based discard cap for the longfin squid fish- on FREBUILD instead of the methods out- ery for butterfish; which, subject to an- lined in paragraph (a) of this section to nual review, may be specified for a pe- implement a rebuilding program that riod of up to 3 years; would rebuild this stock by 2023. (3) Atlantic mackerel—ACL; commer- (d) Stock without an OFL or OFL cial ACT, including RSA, DAH, Atlan- proxy. (1) If an OFL cannot be deter- tic mackerel Tier 3 landings cap (up to mined from the stock assessment, or if 7 percent of the DAH), DAP; joint ven- a proxy is not provided by the SSC dur- ture processing (JVP) if any; TALFF, if ing the ABC recommendation process, any; and recreational ACT, including ABC levels may not be increased until RSA for Atlantic mackerel; which, sub- such time that an OFL has been identi- ject to annual review, may be specified fied. for a period of up to 3 years. The Moni- (2) The SSC may deviate from para- toring Committee may also rec- graph (d)(1) of this section, provided ommend that certain ratios of TALFF, that the following two criteria are met: if any, for Atlantic mackerel to pur- Biomass-based reference points indi- chases of domestic harvested fish and/ cate that the stock is greater than or domestic processed fish be estab- BMSY and stock biomass is stable or in- lished in relation to the initial annual creasing, or if biomass based reference amounts. points are not available, best available (4) Longfin squid— science indicates that stock biomass is (i) IOY, including RSA, DAH, and stable or increasing; and the SSC pro- DAP for longfin squid, which, subject vides a determination that, based on to annual review, may be specified for best available science, the rec- a period of up to 3 years; and ommended increase to the ABC is not (ii) Inseason adjustment, upward or expected to result in overfishing. Any downward, to the specifications for such deviation must include a descrip- longfin squid, as specified in paragraph tion of why the increase is warranted, (e) of this section. description of the methods used to de- (5) Atlantic chub mackerel—ACL, ACT, rive the alternative ABC, and a certifi- and total allowable landings (TAL), cation that the ABC is not likely to re- which, subject to annual review, may sult in overfishing on the stock. be specified for a period of up to 3 [76 FR 60616, Sept. 29, 2011, as amended at 77 years. FR 51857, Aug. 27, 2012; 84 FR 58058, Oct. 30, (b) Guidelines. As the basis for its rec- 2019] ommendations under paragraph (a) of this section, the Monitoring Com- § 648.22 Mackerel, squid, and mittee shall review the best available butterfish specifications. data to recommend specifications con- (a) Initial recommended annual speci- sistent with the following: fications. The Mackerel, Squid, and (1) Longfin and/or Illex squid. (i) The Butterfish Monitoring Committee ABC for any fishing year must be ei- (Monitoring Committee) shall meet an- ther the maximum OY, or a lower nually to develop and recommend the amount, if stock assessments indicate following specifications for consider- that the potential yield is less than the

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maximum OY. The OYs specified dur- joint ventures during the fishing year, ing a fishing year may not exceed the projected recreational landings, and following amounts: other data pertinent for such a projec- (A) Longfin squid—The catch associ- tion. The JVP component of DAH is ated with a fishing mortality rate of the portion of DAH that domestic proc- FThreshold. essors either cannot or will not use. (B) Illex squid—Catch associated with Economic considerations for the estab- a fishing mortality rate of FMSY. lishment of JVP and TALFF include: (ii) IOY is a modification of ABC (1) Total world export potential of based on social and economic factors. Atlantic mackerel producing countries. The IOY is composed of RSA and DAH. (2) Total world import demand of At- RSA will be based on requests for re- lantic mackerel consuming countries. search quota as described in paragraph (3) U.S. export potential based on ex- (g) of this section. DAH will be set pected U.S. harvests, expected U.S. after deduction for RSA, if applicable. consumption, relative prices, exchange (2) Atlantic Mackerel—(i) ABC. The rates, and foreign trade barriers. MAFMC’s SSC shall recommend a stock-wide ABC to the MAFMC, as de- (4) Increased/decreased revenues to scribed in § 648.20. The stock-wide At- the U.S. from foreign fees. lantic mackerel ABC is reduced from (5) Increased/decreased revenues to the OFL based on an adjustment for U.S. harvesters (with/without joint scientific uncertainty; the stock-wide ventures). ABC must be less than or equal to the (6) Increased/decreased revenues to OFL. U.S. processors and exporters. (ii) ACL. The ACL or Domestic ABC (7) Increases/decreases in U.S. har- is calculated using the formula ACL/ vesting productivity due to decreases/ Domestic ABC = stock-wide ABC ¥ C, increases in foreign harvest. where C is the estimated catch of At- (8) Increases/decreases in U.S. proc- lantic mackerel in Canadian waters for essing productivity. the upcoming fishing year. (9) Potential impact of increased/de- (iii) OY. OY may not exceed the ACL, creased TALFF on foreign purchases of and must take into account the need to U.S. products and services and U.S.- prevent overfishing while allowing the caught fish, changes in trade barriers, fishery to achieve OY on a continuing technology transfer, and other consid- basis. OY is prescribed on the basis of erations. MSY, as reduced by social, economic, (B) Recreational sector ACT. Rec- and ecological factors. reational ACT is composed of RSA, (iv) ACT. The Monitoring Committee dead discards, and the Recreational shall identify and review relevant Harvest Limit (RHL). sources of management uncertainty to recommend ACTs for the commercial (v) Performance review. The Mackerel, and recreational fishing sectors as part Squid, and Butterfish Committee shall of the specifications process. conduct a detailed review of fishery (A) Commercial sector ACT. Commer- performance relative to the Atlantic cial ACT is composed of RSA, DAH, mackerel ACL at least every 5 years. Tier 3 landings cap (up to 7 percent of (A) If the Atlantic mackerel ACL is DAH), dead discards, and TALFF, if exceeded with a frequency greater than any. RSA will be based on requests for 25 percent (i.e., more than once in 4 research quota as described in para- years or any two consecutive years), graph (g) of this section. DAH, Tier 3 the Mackerel, Squid, and Butterfish landings cap (up to 7 of the DAH), DAP, Monitoring Committee will review and JVP will be set after deduction for fishery performance information and RSA, if applicable, and must be pro- make recommendations to the MAFMC jected by reviewing data from sources for changes in measures intended to en- specified in paragraph (b) of this sec- sure ACLs are not exceeded as fre- tion and other relevant data, including quently. past domestic landings, projected (B) The MAFMC may specify more amounts of Atlantic mackerel nec- frequent or more specific ACL perform- essary for domestic processing and for ance review criteria as part of a stock

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rebuilding plan following a determina- (vi) Any underages of the cap for Tri- tion that a stock has become over- mester I that are greater than 25 per- fished. cent of the Trimester I cap will be re- (C) Performance reviews shall not allocated to Trimester II and III (split substitute for annual reviews that equally between both trimesters) of the occur to ascertain if prior year ACLs same year. The reallocation of the cap have been exceeded, but may be con- from Trimester I to Trimester II is ducted in conjunction with such re- limited, such that the Trimester II cap views. may only be increased by 50 percent; (vi) River herring and shad catch cap. the remaining portion of the underage The Monitoring Committee shall pro- will be reallocated to Trimester III. vide recommendations regarding a cap Any underages of the cap for Trimester on the catch of river herring (alewife I that are less than 25 percent of the and blueback) and shad (American and Trimester I quota will be applied to hickory) in the Atlantic mackerel fish- Trimester III of the same year. Any ery based on best available scientific overages of the cap for Trimester I and information, as well as measures (sea- II will be subtracted from Trimester III sonal or regional quotas, closure of the same year. thresholds) necessary for implementa- (vii) Performance review. The Mack- tion. erel, Squid, and Butterfish Committee (3) Butterfish—(i) ABC. The MAFMC’s shall conduct a detailed review of fish- SSC shall recommend an ABC to the ery performance relative to the MAFMC, as described in § 648.20. The butterfish ACL in conjunction with re- butterfish ABC is reduced from the view for the Atlantic mackerel fishery, OFL based on an adjustment for sci- as outlined in this section. entific uncertainty; the ABC must be (4) Additional measures. The Moni- less than or equal to the OFL. toring Committee may also provide (ii) ACL. The butterfish ACL will be recommendations on the following set equal to the butterfish ABC. items, if necessary: (iii) OY. OY may not exceed the ACL, (i) Observer provisions to maximize and must take into account the need to sampling at § 648.11(n)(2); prevent overfishing while allowing the (ii) Exceptions for the requirement to fishery to achieve OY on a continuing pump/haul aboard all fish from net for basis. OY is prescribed on the basis of inspection by at-sea observers in MSY, as reduced by social, economic, § 648.11(n)(3); and ecological factors. (5) Atlantic chub mackerel—(i) ABC. (iv) ACT. The Monitoring Committee The MAFMC’s SSC shall recommend a shall identify and review relevant stock-wide ABC to the MAFMC, as de- sources of management uncertainty to scribed in § 648.20. The stock-wide At- recommend the butterfish ACT as part lantic chub mackerel ABC is reduced of the specifications process. The ACT from the OFL based on an adjustment is composed of RSA, DAH, dead dis- for scientific uncertainty; the stock- cards, and bycatch TALFF that is wide ABC must be less than or equal to equal to 0.08 percent of the allocated the OFL. portion of the mackerel TALFF. RSA (ii) Maximum sustainable yield (MSY). will be based on requests for research The Atlantic chub mackerel MSY shall quota as described in paragraph (g) of be set equal to the Atlantic chub this section. DAH and bycatch TALFF mackerel ABC. will be set after deduction for RSA, if (iii) OY. The Atlantic chub mackerel applicable. OY shall be set equal to or less than (v) Butterfish discard cap. The the Atlantic chub mackerel ABC. butterfish discard cap will be based on (iv) ACL. The ACL for the Atlantic a portion of the ACT (set annually dur- Chub Mackerel Management Unit is ing specifications) and the specified calculated by subtracting an estimate cap amount will be allocated to the of Atlantic chub mackerel catch from longfin squid fishery as follows: Tri- South Carolina through Florida from mester I—43 percent; Trimester II—17 the Atlantic chub mackerel ABC or percent; and Trimester III—40 percent. OY, whichever is less. The Monitoring

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Committee shall recommend an appro- tained and landed by vessels issued the priate estimate of such catch on an an- incidental catch permit specified in nual basis through the specifications § 648.4(a)(5)(vi), and the amount of At- process. The ACL shall apply to both lantic mackerel that may be retained, commercial and recreational catch of possessed and landed by any of the lim- Atlantic chub mackerel; there will not ited access Atlantic mackerel permits be separate ACLs for the commercial described at § 648.4(a)(5)(iii) and the in- and recreational Atlantic chub mack- cidental Atlantic mackerel permit at erel fisheries. § 648.4(a)(5)(iv). (v) ACT. The Atlantic chub mackerel (4) Commercial minimum fish sizes. ACT shall be equal to or less than the (5) Commercial trip limits. Atlantic chub mackerel ACL after de- (6) Commercial seasonal quotas/clo- ducting an estimate of management sures for longfin squid, Illex squid, and uncertainty. The Monitoring Com- Atlantic chub mackerel; and landings mittee shall identify and review rel- cap for the Tier 3 Limited Access At- evant sources of management uncer- lantic mackerel permit. tainty to recommend an overall ACT to (7) Minimum mesh sizes. the MAFMC for both the commercial (8) Commercial gear restrictions. and recreational fishing sectors as part (9) Recreational allocation for Atlan- of the specifications process. tic mackerel. (vi) TAL. The Atlantic chub mackerel (10) Recreational minimum fish size. TAL shall be equal to or less than the (11) Recreational possession limits. Atlantic chub mackerel ACT after de- (12) Recreational season. ducting an estimate of dead discards in (13) Changes, as appropriate, to the both the commercial and recreational SBRM, including the coefficient of var- fisheries. The Monitoring Committee iation (CV) based performance stand- shall evaluate available data to rec- ard, the means by which discard data ommend an estimate of total discards are collected/obtained, fishery strati- used to calculate the TAL in its rec- fication, the process for prioritizing ob- ommendation to the MAFMC as part of server sea-day allocations, reports, the specifications process. and/or industry-funded observers or ob- (c) Recommended measures. Based on server set aside programs. the review of the data described in (14) Modification of existing account- paragraph (b) of this section and re- ability measures (AMs) utilized by the quests for research quota as described Monitoring Committee. in paragraph (g) of this section, the (d) Annual fishing measures. (1) The Monitoring Committee will recommend Mackerel, Squid, and Butterfish Com- to the Mackerel, Squid, and Butterfish mittee will review the recommenda- Committee the measures from the fol- tions of the Monitoring Committee. lowing list that it determines are nec- Based on these recommendations and essary to ensure that the specifications any public comment received thereon, are not exceeded: the Mackerel, Squid, and Butterfish (1) RSA set from a range of 0 to 3 per- Committee must recommend to the cent of: MAFMC appropriate specifications and (i) The IOY for longfin squid and/or any measures necessary to assure that Illex. the specifications will not be exceeded. (ii) The commercial and/or rec- The MAFMC will review these rec- reational ACT for Atlantic mackerel. ommendations and, based on the rec- (iii) The ACT for butterfish. ommendations and any public com- (2) Commercial quotas or total allow- ment received thereon, must rec- able landing limits, set after reduc- ommend to the Regional Administrator tions for research quotas, management appropriate specifications and any uncertainty, discards, an estimate of measures necessary to assure that the Atlantic chub mackerel catch from ACL will not be exceeded. The South Carolina through Florida, or any MAFMC’s recommendations must in- other applicable deduction specified in clude supporting documentation, as ap- this section. propriate, concerning the environ- (3) The amount of longfin squid, Illex mental, economic, and social impacts squid, and butterfish that may be re- of the recommendations. The Regional

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Administrator will review the rec- cated annually into trimester periods, ommendations and will publish a pro- based on the following percentages: posed rule in the FEDERAL REGISTER Trimester I (January–April)—43.0 per- proposing specifications and any meas- cent; Trimester II (May–August)—17.0 ures necessary to assure that the speci- percent; and Trimester III (September– fications will not be exceeded and pro- December)—40.0 percent. viding a 30-day public comment period. (2) Any underages of commercial pe- If the proposed specifications differ riod quota for Trimester I that are from those recommended by the greater than 25 percent of the Tri- MAFMC, the reasons for any dif- mester I quota will be reallocated to ferences must be clearly stated and the Trimesters II and III of the same year. revised specifications must satisfy the The reallocation of quota from Tri- criteria set forth in this section. The mester I to Trimester II is limited, MAFMC’s recommendations will be such that the Trimester II quota may available for inspection at the office of only be increased by 50 percent; the re- the Regional Administrator during the public comment period. If the annual maining portion of the underage will be specifications for Illex squid, longfin reallocated to Trimester III. Any squid, Atlantic mackerel, Atlantic underages of commercial period quota chub mackerel, or butterfish are not for Trimester I that are less than 25 published in the FEDERAL REGISTER percent of the Trimester I quota will be prior to the start of the fishing year, applied to Trimester III of the same the previous year’s annual specifica- year. Any overages of commercial tions, excluding specifications of quota for Trimesters I and II will be TALFF, will remain in effect. The pre- subtracted from Trimester III of the vious year’s specifications will be su- same year. perseded as of the effective date of the (g) Research set-aside (RSA) quota. final rule implementing the current Prior to the MAFMC’s quota-setting year’s annual specifications. meetings: (2) The Regional Administrator will (1) NMFS will publish a Request for make a final determination concerning Proposals (RFP) in the FEDERAL REG- the specifications for each species and ISTER, consistent with procedures and any measures necessary to assure that requirements established by the NOAA the specifications will not be exceeded. Grants Office, to solicit proposals from After the Regional Administrator con- industry for the upcoming fishing year, siders all relevant data and any public based on research priorities identified comments, notification of the final by the MAFMC. specifications and any measures nec- (2) NMFS will convene a review essary to assure that the specifications panel, including the MAFMC’s Com- will not be exceeded and responses to prehensive Management Committee the public comments will be published and technical experts, to review pro- in the FEDERAL REGISTER. If the final posals submitted in response to the specification amounts differ from those RFP. recommended by the MAFMC, the rea- son(s) for the difference(s) must be (i) Each panel member will rec- clearly stated and the revised speci- ommend which research proposals fications must be consistent with the should be authorized to utilize research criteria set forth in paragraph (b) of quota, based on the selection criteria this section. described in the RFP. (e) Inseason adjustments. The speci- (ii) The NEFSC Director and the fications established pursuant to this NOAA Grants Office will consider each section may be adjusted by the Re- panel member’s recommendation, and gional Administrator, in consultation provide final approval of the projects. with the MAFMC, during the fishing The Regional Administrator may, year by publishing notification in the when appropriate, exempt selected ves- FEDERAL REGISTER. sel(s) from regulations specified in (f) Distribution of annual longfin squid each of the respective FMPs through commercial quota. (1) A commercial written notification to the project pro- quota for longfin squid will be allo- ponent.

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(3) The grant awards approved under will be considered, as specified in the the RFPs will be for the upcoming fish- EFP regulations at § 648.12(b). ing year. Proposals to fund research [76 FR 60616, Sept. 29, 2011, as amended at 76 that would start prior to, or that would FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, end after the fishing year, will not be 2011; 77 FR 16480, Mar. 21, 2012; 78 FR 3353, eligible for consideration. All research Jan. 16, 2013; 79 FR 10048, Feb. 24, 2014; 79 FR and/or compensation trips must be 18481, Apr. 2, 2014; 80 FR 37194, June 30, 2015; completed within the fishing year for 80 FR 48248, Aug. 12, 2015; 83 FR 64267, Dec. 14, which the research grant was awarded. 2018; 85 FR 47113, Aug. 4, 2020] (4) Research projects will be con- ducted in accordance with provisions § 648.23 Mackerel, squid, and approved and provided in an Exempted butterfish gear restrictions. Fishing Permit (EFP) issued by the Re- (a) Mesh restrictions and exemptions. gional Administrator. Vessels subject to the mesh restric- (5) If a proposal is disapproved by the tions in this paragraph (a) must render NEFSC Director or the NOAA Grants any net, or any piece of net, with a Office, or if the Regional Adminis- mesh size smaller than that specified trator determines that the allocated in paragraphs (a)(1), (2), and (3) of this research quota cannot be utilized by a section not available for immediate use project, the Regional Administrator as defined in § 648.2. shall reallocate the unallocated or un- (1) Butterfish fishery. Owners or opera- used amount of research quota to the tors of otter trawl vessels possessing respective commercial and recreational more than 5,000 lb (2.27 mt) of fisheries by publication of a notice in butterfish harvested in or from the the FEDERAL REGISTER in compliance EEZ may only fish with nets having a with the Administrative Procedure minimum codend mesh of 3 inches (7.62 Act, provided: cm) diamond or square mesh, as meas- (i) The reallocation of the ured by methods specified in § 648.80(f), unallocated or unused amount of re- applied throughout the codend for at search quota is in accord with National least 100 continuous meshes forward of Standard 1, and can be available for the terminus of the net, or for codends harvest before the end of the fishing with less than 100 meshes, the min- year for which the research quota is imum mesh size codend shall be a min- specified; and imum of one-third of the net, measured (ii) Any reallocation of unallocated from the terminus of the codend to the or unused research quota shall be con- headrope. sistent with the proportional division (2) Longfin squid fishery. (i) Owners or of quota between the commercial and operators of otter trawl vessels pos- recreational fisheries in the relevant sessing longfin squid harvested in or FMP and allocated to the remaining from the EEZ may only fish with nets quota periods for the fishing year pro- having a minimum mesh size of 21⁄8 portionally. inches (54 mm) during Trimesters I (6) Vessels participating in approved (Jan–Apr) and III (Sept–Dec), or 17⁄8 research projects may be exempted inches (48 mm) during Trimester II from certain management measures by (May–Aug), diamond or square mesh, as the Regional Administrator, provided measured by methods specified in that one of the following analyses of § 648.80(f), applied throughout the the impacts associated with the exemp- codend for at least 150 continuous tions is provided: meshes forward of the terminus of the (i) The analysis of the impacts of the net, or, for codends with less than 150 requested exemptions is included as meshes, the minimum mesh size part of the annual quota specification codend shall be a minimum of one- packages submitted by the MAFMC; or third of the net measured from the ter- (ii) For proposals that require exemp- minus of the codend to the headrope. tions that extend beyond the scope of (ii) During closures of the longfin the analysis provided by the MAFMC, squid fishery resulting from the applicants may be required to provide butterfish discard cap, described in additional analysis of impacts of the § 648.24(c)(3), vessels fishing for longfin exemptions before issuance of an EFP squid using jigging gear are exempt

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from the closure possession limit speci- diamond mesh in Trimester II, and 21⁄8 fied in § 648.26(b), provided that all inches (54 mm) diamond mesh in Tri- otter trawl gear is stowed and not mester III, or any piece of net, with available for immediate use as defined mesh that is rigged in a manner that is in § 648.2. prohibited by paragraphs (a)(2) and (3) Net obstruction or constriction. Own- (a)(3)(ii) of this section. ers or operators of otter trawl vessels fishing for and/or possessing butterfish Point N. lat. W. long. or longfin squid shall not use any de- M0 ...... 43°58.0′ [1] vice, gear, or material, including, but M1 ...... 43°58.0′ 67°22.0′ not limited to, nets, net strengtheners, M2 ...... 43°50.0′ 68°35.0′ ° ′ ° ′ ropes, lines, or chafing gear, on the top M3 ...... 43 30.0 69 40.0 M4 ...... 43°20.0′ 70°00.0′ of the regulated portion of a trawl net M5 ...... 42°45.0′ 70°10.0′ except any of the following materials M6 ...... 42°13.0′ 69°55.0′ may be used as specified: M7 ...... 41°00.0′ 69°00.0′ (i) Splitting straps, and/or bull ropes M8 ...... 41°45.0′ 68°15.0′ M9 ...... 42°10.0′ [2]67°10.0′ or wire around the entire circum- M10 ...... 41°18.6′ [2]66°24.8′ ference of the codend provided these M11 ...... 40°55.5′ 66°38.0′ materials do not obstruct or constrict M12 ...... 40°45.5′ 68°00.0′ the top or the trawl net while it is M13 ...... 40°37.0′ 68°00.0′ M14 ...... 40°30.0′ 69°00.0′ being towed; M15 ...... 40°22.7′ 69°00.0′ (ii) Net strengtheners (covers) that M16 ...... 40°18.7′ 69°40.0′ do not have a mesh opening of less M17 ...... 40°21.0′ 71°03.0′ than 5 inches (12.7 cm) diamond or M18 ...... 39°41.0′ 72°32.0′ M19 ...... 38°47.0′ 73°11.0′ square mesh, as measured by methods M20 ...... 38°04.0′ 74°06.0′ specified in § 648.80(f); and M21 ...... 37°08.0′ 74°46.0′ (iii) A liner may be used to close the M22 ...... 36°00.0′ 74°52.0′ opening created by the rings in the M23 ...... 35°45.0′ 74°53.0′ M24 ...... 35°28.0′ 74°52.0′ aftermost portion of the net, provided M25 ...... 35°28.0′ [3] the liner extends no more than 10 [1] The intersection of 43°58.0′ N. latitude and the US-Can- meshes forward of the aftermost por- ada Maritime Boundary. tion of the net, the inside webbing of [2] Points M9 and M10 are intended to fall along and are connected by the US-Canada Maritime Boundary. the codend shall be the same circum- [3] The intersection of 35°28.0′ N. latitude and the outward ference or less than any strengthener limit of the U.S. EEZ. and the liner is no more than 2 ft (61 (6) Mackerel, squid, and butterfish bot- cm) longer than any net strengthener. tom trawling restricted areas—(i) Ocean- (4) Top of the regulated portion of the ographer Canyon. No permitted mack- net means the 50 percent of the entire erel, squid, or butterfish vessel may regulated portion of the net that would fish with bottom trawl gear in the not be in contact with the ocean bot- Oceanographer Canyon or be in the tom if, during a tow, the regulated por- Oceanographer Canyon unless tion of the net were laid flat on the transiting. Vessels may transit this ocean floor. area provided the bottom trawl gear is (5) Illex fishery. Seaward of the fol- stowed and not available for immediate lowing coordinates, connected in the use as defined in § 648.2. Oceanographer order listed by straight lines except Canyon is defined by straight lines con- otherwise noted, otter trawl vessels necting the following points in the possessing longfin squid harvested in or order stated (copies of a chart depict- from the EEZ and fishing for Illex dur- ing this area are available from the Re- ing the months of June, July, August gional Administrator upon request): in Trimester II, and September in Tri- mester III are exempt from the longfin OCEANOGRAPHER CANYON squid gear requirements specified in paragraph (a)(2) of this section, pro- Point N. lat. W. long. vided that landward of the specified co- OC1 ...... 40°10.0′ 68°12.0′ ordinates they do not have available OC2 ...... 40°24.0′ 68°09.0′ for immediate use, as defined in § 648.2, OC3 ...... 40°24.0′ 68°08.0′ any net, or any piece of net, with a OC4 ...... 40°10.0′ 67°59.0′ OC1 ...... 40°10.0′ 68°12.0′ mesh size less than 17⁄8 inches (48 mm)

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(ii) Lydonia Canyon. No permitted in Trimester III. On or after April 15 of mackerel, squid, or butterfish vessel Trimester I and/or August 15 of Tri- may fish with bottom trawl gear in the mester II, NMFS shall close the di- Lydonia Canyon or be in the Lydonia rected fishery in the EEZ for longfin Canyon unless transiting. Vessels may squid when the Regional Administrator transit this area provided the bottom projects that 95 percent of the longfin trawl gear is stowed and not available squid quota is harvested. The closure of for immediate use as defined in § 648.2. the directed fishery shall be in effect Lydonia Canyon is defined by straight for the remainder of that fishing pe- lines connecting the following points in riod, with incidental catches allowed as the order stated (copies of a chart de- specified at § 648.26. picting this area are available from the (2) Illex. NMFS shall close the di- Regional Administrator upon request): rected Illex fishery in the EEZ when the Regional Administrator projects LYDONIA CANYON that 95 percent of the Illex DAH is har- Point N. lat. W. long. vested. The closure of the directed fish- LC1 ...... 40°16.0′ 67°34.0′ ery shall be in effect for the remainder LC2 ...... 40°16.0′ 67°42.0′ of that fishing period, with incidental LC3 ...... 40°20.0′ 67°43.0′ catches allowed as specified at § 648.26. LC4 ...... 40°27.0′ 67°40.0′ LC5 ...... 40°27.0′ 67°38.0′ (b) Atlantic Mackerel AMs—(1)) Atlan- LC1 ...... 40°16.0′ 67°34.0′ tic mackerel commercial sector EEZ clo- sure—(i) First phase commercial closure. (b) [Reserved] (A) Unless otherwise determined in (c) Mesh obstruction or constriction. paragraph (b)(1)(iii) of this section, The owner or operator of a fishing ves- NMFS will close the commercial At- sel shall not use any mesh construc- lantic mackerel fishery, which includes tion, mesh configuration, or other vessels issued an open access or limited means that effectively decreases the access Atlantic mackerel permit, in- mesh size below the minimum mesh cluding a limited access Tier 3 Atlantic size, except that a liner may be used to mackerel permit, in the EEZ when the close the opening created by the rings Regional Administrator projects that in the aftermost portion of the net, 90 percent of the Atlantic mackerel provided the liner extends no more DAH is harvested if such a closure is than 10 meshes forward of the after- necessary to prevent the DAH from most portion of the net. The inside being exceeded. The closure of the com- webbing of the codend shall be the mercial fishery shall be in effect for same circumference or less than the the remainder of that fishing year, outside webbing (strengthener). In ad- with incidental catches allowed, as dition, the inside webbing shall not be specified in § 648.26. more than 2 ft (61 cm) longer than the outside webbing. (B) Unless previously closed pursuant to paragraph (b)(1)(i)(A) of this section, [76 FR 60618, Sept. 29, 2011, as amended at 77 NMFS will close the Tier 3 commercial FR 16479, Mar. 21, 2012; 77 FR 51865, Aug. 27, Atlantic mackerel fishery in the EEZ 2012; 78 FR 3354, Jan. 16, 2013; 79 FR 18842, when the Regional Administrator Apr. 4, 2014; 79 FR 52580, 52582, Sept. 4, 2014; 81 FR 24508, May 26, 2016; 85 FR 47115, Aug. 4, projects that 90 percent of the Tier 3 2020] Atlantic mackerel landings cap will be harvested. Unless otherwise restricted, § 648.24 Fishery closures and account- the closure of the Tier 3 commercial ability measures. Atlantic mackerel fishery will be in ef- (a) Fishery closure procedures—(1) fect for the remainder of that fishing Longfin squid. NMFS shall close the di- period, with incidental catches allowed rected fishery in the EEZ for longfin as specified in § 648.26. squid when the Regional Administrator (ii) Second phase commercial quota clo- projects that 90 percent of the longfin sure. When the Regional Administrator squid quota is harvested before April 15 projects that 98 percent of the Atlantic of Trimester I and/or August 15 of Tri- mackerel DAH will be landed, NMFS mester II, and when 95 percent of the will reduce the possession of Atlantic longfin squid DAH has been harvested mackerel in the EEZ applicable to all

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Atlantic mackerel permits for the re- less than 1.0), and the stock is not mainder of the fishing year as specified under a rebuilding plan, then the fol- in § 648.26(a)(2)(iii)(A). lowing AMs will apply: (iii) NMFS has the discretion to not (A) If the ACL has been exceeded. If implement measures outlined in para- the ACL has been exceeded, then ad- graphs (b)(1)(i)(A) or (b)(1)(ii) of this justments to the recreational manage- section during November and December ment measures, taking into account if the Regional Administrator projects the performance of the measures and that commercial Atlantic mackerel conditions that precipitated the over- landings will not exceed the DAH dur- age, will be made in the following fish- ing the remainder of the fishing year. ing year, or as soon as possible there- (2) Atlantic mackerel commercial land- after, once catch data are available, as ings overage repayment. If the Atlantic a single-year adjustment. mackerel ACL is exceeded and com- (B) If the ABC has been exceeded. If mercial fishery landings are respon- the ABC has been exceeded, then a sin- sible for the overage, then landings in gle-year adjustment to the following excess of the DAH will be deducted year’s recreational ACT will be made, from the DAH the following year, as a as described below. In addition, adjust- single-year adjustment to the DAH. ments to the recreational management (3) Non-landing AMs. In the event measures, taking into account the per- that the Atlantic mackerel ACL is ex- formance of the measures and condi- ceeded, and that the overage has not tions that precipitated the overage, been accommodated through the land- will be made in the following year. ing-based AM described in paragraph (1) Adjustment to ACT. If an adjust- (b)(2) of this section, but is attrib- ment to the following year’s ACT is re- utable to the commercial sector, then quired, then the recreational ACT will the exact amount, in pounds, by which be reduced by the exact amount, in the commercial Atlantic mackerel pounds, of the product of the rec- ACT was exceeded will be deducted reational overage, defined as the dif- from the following year’s commercial ference between the recreational con- Atlantic mackerel ACT, as a single- tribution to the catch above the ACL, year adjustment. and the payback coefficient specified in (4) Atlantic mackerel recreational AMs. paragraph (b)(4)(ii)(B)(2) of this sec- If the Atlantic mackerel ACL is ex- tion. ceeded and the recreational fishery (2) Payback coefficient. The payback landings are responsible for the over- coefficient is the difference between age, then the following procedure will the most recent estimates of BMSY and be followed: biomass (i.e., BMSY¥B) divided by one- (i) If biomass is below the threshold, the half of BMSY. stock is under rebuilding, or biological ref- (iii) If biomass is above BMSY. If the erence points are unknown. If the most most recent estimate of biomass is recent estimate of biomass is below the above BMSY (i.e., B/BMSY is greater than BMSY threshold (i.e., B/BMSY is less than 1.0), then adjustments to the rec- 0.5), the stock is under a rebuilding reational management measures, tak- plan, or the biological reference points ing into account the performance of (B or BMSY) are unknown, and the ACL the measures and conditions that pre- has been exceeded, then the exact cipitated the overage, will be made in amount, in pounds, by which the most the following fishing year, or as soon recent year’s recreational catch esti- as possible thereafter, once catch data mate caused the most recent year’s are available, as a single-year adjust- ACL to be exceeded will be deducted ment. from the following year’s recreational (5) Atlantic mackerel ACL overage eval- ACT, as a single-year adjustment. uation. The Atlantic mackerel ACL (ii) If biomass is above the threshold, will be evaluated based on a single- but below the target, and the stock is not year examination of total catch (land- under rebuilding. If the most recent es- ings and discards). Both landings and timate of biomass is above the biomass dead discards will be evaluated in de- threshold (B/BMSY is greater than 0.5), termining if the Atlantic mackerel but below the biomass target (B/BMSY is ACL has been exceeded. NMFS shall 701

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make determinations about overages tions about overages and implement and implement any changes to the At- any changes to the ACL, in accordance lantic mackerel ACL, in accordance with the Administrative Procedure with the Administrative Procedure Act, through notification in the FED- Act, through notification in the FED- ERAL REGISTER, by May 15 of the fish- ERAL REGISTER, by May 15 of the fish- ing year in which the deductions will ing year in which the deductions will be made. be made. (5) Butterfish allocation transfer. (6) River herring and shad catch cap. NMFS may transfer up to 50 percent of The river herring and shad cap on the any unused butterfish allocation from Atlantic mackerel fishery applies to all the butterfish DAH to the butterfish trips that land more than 20,000 lb (9.08 discard cap on the longfin squid fishery mt) of Atlantic mackerel. NMFS shall if the butterfish catch in the longfin close the limited access Atlantic mack- squid fishery is likely to result in a erel fishery in the EEZ when the Re- closure of the longfin squid fishery, and gional Administrator projects that 95 provided the transfer does not increase percent of the river herring/shad catch the likelihood of closing the directed cap has been harvested. Following clo- butterfish fishery. NMFS may instead sures of the limited access Atlantic transfer up to 50 percent of the unused mackerel fishery, vessels must adhere butterfish catch from the butterfish to the possession restrictions specified discard cap allocation to the butterfish in § 648.26. DAH if harvest of butterfish in the di- (c) Butterfish AMs—(1) Directed rected butterfish fishery is likely to ex- butterfish fishery closure. When the ceed the butterfish DAH, and provided butterfish catch reaches the butterfish the transfer of butterfish allocation closure threshold as determined in the from the butterfish discard cap alloca- annual specifications, NMFS shall im- tion does not increase the likelihood of plement a 5,000 lb (2,268 kg) possession closing the longfin squid fishery due to limit for vessels issued a butterfish harvest of the butterfish discard cap. moratorium permit that are fishing NMFS would make this transfer on or with a minimum mesh size of 3 inches about November 15 each fishing year, (76 mm). When NMFS projects that the in accordance with the Administrative butterfish catch has reached the Procedure Act. butterfish DAH, as determined in the (d) Notification. Upon determining annual specifications, NMFS shall im- that a closure or trip limit reduction is plement a 600 lb (272 kg) possession necessary, the Regional Administrator limit for all vessels issued a longfin will notify, in advance of the closure, squid or butterfish moratorium permit, the Executive Directors of the or a squid/butterfish incidental catch MAFMC, NEFMC, and SAFMC; mail permit. notification of the closure or trip limit (2) Butterfish ACL overage repayment. reduction to all holders of Atlantic If the butterfish ACL is exceeded, then mackerel, Illex squid, longfin squid, and catch in excess of the ACL will be de- butterfish fishery permits at least 72 hr ducted from the ACL the following before the effective date of the closure; year, as a single-year adjustment. provide adequate notice of the closure (3) Butterfish discard cap on the longfin or trip limit reduction to recreational squid fishery. NMFS shall close the di- participants in the fishery; and publish rected fishery in the EEZ for longfin notification of the closure or trip limit squid when the Regional Administrator reduction in the FEDERAL REGISTER. projects that 95 percent of each Tri- (e) Atlantic Chub Mackerel AMs—(1) mester’s butterfish discard cap alloca- Commercial fishery closures. tion has been harvested. (i) When the Regional Administrator (4) Butterfish ACL overage evaluation. projects that 90 percent of the Atlantic The ACL will be evaluated based on a chub mackerel TAL will be landed, the single-year examination of total catch Regional Administrator will reduce the (landings and discards). Both landings Atlantic chub mackerel possession and dead discards will be evaluated in limit as specified in § 648.26(e)(2)(i) determining if the ACL has been ex- through notification in the FEDERAL ceeded. NMFS shall make determina- REGISTER.

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(ii) When the Regional Administrator tion is necessary to meet or be con- projects that 100 percent of the Atlan- sistent with the goals and objectives of tic chub mackerel TAL will be landed, the FMP. However, any changes to At- the Regional Administrator will reduce lantic chub mackerel measures con- the Atlantic chub mackerel possession tained in this part 648 must be made limit as specified in § 648.26(e)(2)(ii) for through an amendment to the FMP the remainder of the fishing year (De- and cannot be conducted through a cember 31) through notification in the framework adjustment. FEDERAL REGISTER. (1) Adjustment process. The MAFMC (2) Overage repayment. The Regional shall develop and analyze appropriate Administrator will evaluate both land- management actions over the span of ings and dead discards in a single year at least two MAFMC meetings. The to determine if the Atlantic chub MAFMC must provide the public with mackerel ACL specified in § 648.22(b)(5) advance notice of the availability of has been exceeded. If the Atlantic chub the recommendation(s), appropriate mackerel ACL has been exceeded, then justification(s) and economic and bio- catch in excess of the Atlantic chub logical analyses, and the opportunity mackerel ACT will be deducted from to comment on the proposed adjust- the Atlantic chub mackerel ACT as ment(s) at the first meeting and prior soon as possible in a following year as to and at the second MAFMC meeting. a single-year adjustment to the ACT. The MAFMC’s recommendations on ad- The Regional Administrator shall im- justments or additions to management plement any changes to the Atlantic measures must come from one or more chub mackerel ACT through notifica- of the following categories: tion in the FEDERAL REGISTER in ac- (i) Adjustments within existing ABC cordance with the Administrative Pro- control rule levels; cedure Act. (ii) Adjustments to the existing (3) Transiting. Any vessel issued a MAFMC risk policy; valid commercial Atlantic mackerel, (iii) Introduction of new AMs, includ- Illex squid, longfin squid, or butterfish ing sub-ACTs; permit in accordance with § 648.4 may (iv) Minimum and maximum fish transit the Atlantic Chub Mackerel size; Management Unit with an amount of (v) Gear restrictions, gear require- Atlantic chub mackerel on board that ments or prohibitions; exceeds the possession limits specified (vi) Permitting restrictions; in this section to land in a port that is (vii) Recreational possession limit, within the Atlantic Chub Mackerel recreational seasons, and recreational Management Unit, provided that all harvest limit; Atlantic chub mackerel was harvested (viii) Closed areas; outside of the Atlantic Chub Mackerel (ix) Commercial seasons, commercial Management Unit and that all gear is trip limits, commercial quota system, stowed and not available for immediate including commercial quota allocation use as defined in § 648.2. procedure and possible quota set-asides [76 FR 60619, Sept. 29, 2011, as amended at 76 to mitigate bycatch; FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, (x) Annual specification quota set- 2012; 77 FR 3354, Jan. 16, 2013; 78 FR 76762, ting process; Dec. 19, 2013; 79 FR 18843, Apr. 4, 2014; 79 FR (xi) FMP Monitoring Committee 18481, Apr. 2, 2014; 80 FR 14874, Mar. 20, 2015; 80 FR 48248, Aug. 12, 2015; 83 FR 65314, Dec. 20, composition and process; 2018; 83 FR 64268, Dec. 14, 2018; 84 FR 58058, (xii) Description and identification of Oct. 30, 2019; 85 FR 47115, Aug. 4, 2020] EFH (and fishing gear management measures that impact EFH); § 648.25 Mackerel, squid, and (xiii) Description and identification butterfish framework adjustments of habitat areas of particular concern; to management measures. (xiv) Overfishing definition and re- (a) Within season management action. lated thresholds and targets; The MAFMC may, at any time, initiate (xv) Regional gear restrictions, re- action to add or adjust management gional season restrictions (including measures within the Mackerel, Squid, option to split seasons), regional man- and Butterfish FMP if it finds that ac- agement;

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(xvi) Restrictions on vessel size (LOA ceiving public testimony, the MAFMC and GRT) or shaft horsepower; shall make a recommendation to the (xvii) Changes to the SBRM, includ- Regional Administrator. The MAFMC’s ing the CV-based performance stand- recommendation must include sup- ard, the means by which discard data porting rationale, if management are collected/obtained, fishery strati- measures are recommended, an anal- fication, the process for prioritizing ob- ysis of impacts, and a recommendation server sea-day allocations, reports, to the Regional Administrator on and/or industry-funded observers or ob- whether to issue the management server set aside programs; measures as a final rule. If the MAFMC (xviii) Set aside quota for scientific recommends that the management research; measures should be issued as a final (xix) Process for inseason adjustment rule, the MAFMC must consider at to the annual specification; least the following factors, and provide (xx) Mortality caps for river herring support and analysis for each factor and shad species, time/area manage- considered: ment for river herring and shad spe- (i) Whether the availability of data cies, and provisions for river herring on which the recommended manage- and shad incidental catch avoidance ment measures are based allows for program, including adjustments to the adequate time to publish a proposed mechanism and process for tracking rule, and whether the regulations fleet activity, reporting incidental would have to be in place for an entire catch events, compiling data, and noti- harvest/fishing season. fying the fleet of changes to the (ii) Whether there has been adequate area(s); notice and opportunity for participa- (xxi) The definition/duration of ‘test tion by the public and members of the tows,’ if test tows would be utilized to affected industry in the development of determine the extent of river herring the recommended management meas- incidental catch in a particular area(s); ures. (xxii) The threshold for river herring (iii) Whether there is an immediate incidental catch that would trigger the need to protect the resource. need for vessels to be alerted and move (iv) Whether there will be a con- out of the area(s), the distance that tinuing evaluation of management vessels would be required to move from measures following their implementa- the area(s), and the time that vessels tion as a final rule. would be required to remain out of the (4) NMFS action. If the MAFMC’s rec- area(s); ommendation includes adjustments or (xxiii) Modifications to the broad and additions to management measures discrete deep-sea coral zone boundaries and, after reviewing the MAFMC’s rec- and the addition of discrete deep-sea ommendation and supporting informa- coral zones; tion: (xxiv) Modifications to the manage- (i) If NMFS concurs with the ment measures within the Frank R. MAFMC’s recommended management Lautenberg Deep-sea Coral Protection measures and determines that the rec- Area and implementation of special ac- ommended management measures cess programs to the Frank R. Lauten- should be issued as a final rule based berg Deep-sea Coral Protection Area; on the factors specified in paragraph and (a)(3) of this section, the measures will (xxv) Any other management meas- be issued as a final rule in the FEDERAL ures currently included in the FMP. REGISTER. (2) Measures contained within this (ii) If NMFS concurs with the list that require significant departures MAFMC’s recommended management from previously contemplated meas- measures and determines that the rec- ures or that are otherwise introducing ommended management measures new concepts may require amendment should be published first as a proposed of the FMP instead of a framework ad- rule, the measures will be published as justment. a proposed rule in the FEDERAL REG- (3) MAFMC recommendation. After de- ISTER. After additional public com- veloping management actions and re- ment, if NMFS concurs with the

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MAFMC recommendation, the meas- only land Atlantic mackerel once on ures will be issued as a final rule in the any calendar day, which is defined as FEDERAL REGISTER. the 24-hr period beginning at 0001 hours (iii) If NMFS does not concur, the and ending at 2400 hours, provided that MAFMC will be notified in writing of the fishery has not been closed because the reasons for the non-concurrence. 90 percent of the DAH has been har- (5) Emergency actions. Nothing in this vested, or 90 percent of the Tier 3 land- section is meant to derogate from the ings cap has been harvested, as speci- authority of the Secretary to take fied in § 648.24(b)(1)(i)(A) and (B), re- emergency action under section 305(e) spectively. of the Magnuson-Stevens Act. (iv) A vessel issued an open access (b) [Reserved] Atlantic mackerel permit may fish for, possess, or land up to 20,000 lb (9.08 mt) [76 FR 60620, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, of Atlantic mackerel in the EEZ per 2011; 79 FR 10048, Feb. 24, 2014; 80 FR 37194, trip, and may only land Atlantic mack- June 30, 2015; 81 FR 90250, Dec. 14, 2016; 83 FR erel once on any calendar day, which is 64268, Dec. 14, 2018; 85 FR 47116, Aug. 4, 2020] defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. § 648.26 Mackerel, squid, and (v) Both vessels involved in a pair butterfish possession restrictions. trawl operation must be issued a valid (a) Atlantic mackerel—(1) Initial posses- Atlantic mackerel permits to fish for, sion limits. A vessel must be issued a possess, or land Atlantic mackerel in valid limited access Atlantic mackerel the EEZ. Both vessels must be issued permit to fish for, possess, or land the Atlantic mackerel permit appro- more than 20,000 lb (9.08 mt) of Atlantic priate for the amount of Atlantic mackerel from or in the EEZ per trip, mackerel jointly possessed by both of provided that the fishery has not been the vessels participating in the pair closed, as specified in § 648.24(b)(1). trawl operation. (i) A vessel issued a Tier 1 limited ac- (2) Atlantic mackerel closure possession cess Atlantic mackerel permit is au- restrictions. Any Atlantic mackerel pos- thorized to fish for, possess, or land At- session restrictions implemented under lantic mackerel with no possession re- paragraph (a)(2) of this section will re- striction in the EEZ per trip, and may main in place for the rest of the fishing only land Atlantic mackerel once on year, unless further restricted by a any calendar day, which is defined as subsequent action. If the entire com- the 24-hr period beginning at 0001 hours mercial Atlantic mackerel fishery is and ending at 2400 hours, provided that closed due to harvesting the river her- the fishery has not been closed because ring/shad catch cap, as specified in 90 percent of the DAH has been har- § 648.24(b)(6) before the fishery harvests vested, as specified in 90 percent of the Atlantic mackerel § 648.24(b)(1)(i)(A). DAH, then the Atlantic mackerel pos- (ii) A vessel issued a Tier 2 limited session restrictions specified in para- access Atlantic mackerel permit is au- graph (a)(2)(iii)(B) of this section shall thorized to fish for, possess, or land up remain in place for the rest of the fish- to 135,000 lb (61.23 mt) of Atlantic ing year unless further reduced by the mackerel in the EEZ per trip, and may possession restrictions specified in only land Atlantic mackerel once on paragraph (a)(2)(iii)(A) of this section. any calendar day, which is defined as (i) Limited Access Fishery. (A) During the 24-hr period beginning at 0001 hours a closure of the commercial Atlantic and ending at 2400 hours, provided that mackerel fishery pursuant to the fishery has not been closed because § 648.24(b)(1)(i)(A), when 90 percent of 90 percent of the DAH has been har- the DAH is harvested, vessels issued a vested, as specified in Tier 1, 2, or 3 limited access Atlantic § 648.24(b)(1)(i)(A). mackerel permit, may not take and re- (iii) A vessel issued a Tier 3 limited tain, possess, or land more than 40,000 access Atlantic mackerel permit is au- lb (18.14 mt) of Atlantic mackerel per thorized to fish for, possess, or land up trip at any time, and may only land to 100,000 lb (45.36 mt) of Atlantic Atlantic mackerel once on any cal- mackerel in the EEZ per trip, and may endar day, which is defined as the 24-hr

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period beginning at 0001 hours and end- (b) Longfin squid—(1) Directed fishery. ing at 2400 hours. A vessel must be issued a valid longfin (B) During a closure of the Tier 3 squid moratorium permit to fish for, commercial Atlantic mackerel fishery possess, or land more than 250 lb (113 pursuant to § 648.24(b)(1)(i)(B), when 90 kg) of longfin squid from or in the EEZ percent of the Tier 3 landings cap is per trip. Unless the directed fishery is harvested, vessels issued a Tier 3 lim- closed pursuant to paragraph ited access Atlantic mackerel permit § 648.24(a)(1), the following longfin squid may not take and retain, possess, or possession limits apply: land more than 20,000 lb (9.08 mt) of At- (i) Tier 1 moratorium permits. A vessel lantic mackerel per trip at any time, issued a Tier 1 longfin squid morato- and may only land Atlantic mackerel rium permit may possess an unlimited once on any calendar day, which is de- amount of longfin squid per trip. fined as the 24-hr period beginning at (ii) Tier 2 moratorium permits. A vessel 0001 hours and ending at 2400 hours. issued a Tier 2 longfin squid morato- (ii) Open Access Fishery. During a clo- rium permit may not fish for, possess, sure of the Atlantic mackerel commer- or land more than 5,000 lb (2,268 kg) of cial sector pursuant to longfin squid per trip, and may only § 648.24(b)(1)(i)(A), when 90 percent of land longfin squid once on any calendar the DAH is harvested, vessels issued an day. open access Atlantic mackerel permit (iii) Tier 3 moratorium permits. A ves- may not take and retain, possess, or sel issued a Tier 3 longfin squid mora- land more than 5,000 lb (2.27 mt) of At- torium permit may not fish for, pos- lantic mackerel per trip at any time, sess, or land more than 2,500 lb (1,134 and may only land Atlantic mackerel kg) of longfin squid per trip, and may once on any calendar day, which is de- only land longfin squid once on any fined as the 24-hr period beginning at calendar day. 0001 hours and ending at 2400 hours. (2) Incidental fishery. (i) A vessel (iii) Entire commercial fishery—(A) issued an open access squid/butterfish Commercial quota closure. During a clo- incidental catch permit may not fish sure of the entire commercial Atlantic for, possess, or land more than 250 lb mackerel fishery pursuant to (113 kg) of longfin squid from or in the § 648.24(b)(1)(ii), when 98 percent of the EEZ per trip, and may only land DAH is harvested, vessels issued an longfin squid once on any calendar day. open or limited access Atlantic mack- (ii) During a closure of the directed erel permit may not take and retain, longfin squid fishery in either Tri- possess, or land more than 5,000 lb (2.27 mester I or III pursuant to paragraph mt) of Atlantic mackerel per trip at § 648.24(a)(1), a vessel may not fish for, any time, and may only land Atlantic possess, or land more than 2,500 lb mackerel once on any calendar day, (1,134 kg) of longfin squid at any time which is defined as the 24-hr period be- per trip, and may only land longfin ginning at 0001 hours and ending at 2400 squid once on any calendar day. hours. (iii) Unless otherwise specified in (B) River herring/shad catch cap clo- paragraph (b)(2)(iv) of this section, dur- sure. During a closure of the limited ac- ing a closure of the directed longfin cess commercial Atlantic mackerel squid fishery in Trimester II pursuant fishery pursuant to § 648.24(b)(6), when to § 648.24(a)(1), a vessel may not fish 95 percent of the river herring/shad for, possess, or land more than 250 lb catch cap has been harvested, vessels (113 kg) of longfin squid at any time issued an open or limited access Atlan- per trip, and may only land longfin tic mackerel permit may not take and squid once on any calendar day. retain, possess, or land more than (iv) During a closure of the directed 20,000 lb (9.08 mt) of Atlantic mackerel longfin squid fishery in Trimester II, a per trip at any time, and may only vessel issued either a Tier 1 or Tier 2 land Atlantic mackerel once on any longfin squid moratorium permit may calendar day, which is defined as the possess more than 250 lb (113 kg) of 24-hr period beginning at 0001 hours and longfin squid per trip, provided the fol- ending at 2400 hours. lowing conditions are met:

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(A) The vessel operator has declared projected to reach the threshold for the into the directed Illex squid fishery via butterfish fishery, as specified in VMS, as specified in § 648.10; § 648.24(c)(1), these vessels may not fish (B) The vessel is seaward of the co- for, possess, or land more than 5,000 lb ordinates specified at § 648.23(a)(5); (2,268 kg) of butterfish per trip at any (C) The vessel possesses more than time. When butterfish harvest is pro- 10,000 lb (4,536 kg) of Illex squid on jected to reach the DAH limit, as speci- board; fied in § 648.24(c)(1), these vessels may (D) The vessel possesses less than not fish for, possess, or land more than 15,000 lb (6,803 kg) of longfin squid if 600 lb (272 kg) of butterfish per trip at issued a Tier 1 longfin squid morato- any time. rium permit or 5,000 lb (2,268 kg) of (ii) Vessels fishing with smaller mesh. A longfin squid if issued a Tier 2 longfin vessel issued a butterfish moratorium squid moratorium permit; and permit fishing with mesh less than 3 (E) All fishing gear is stowed and ren- inches (76 mm) may not fish for, pos- dered not available for immediate use, sess, or land more than 5,000 lb (2,268 as defined in § 648.2, once the vessel is kg) of butterfish per trip at any time, landward of the coordinates specified provided that butterfish harvest has at § 648.23(a)(5). not reached the DAH limit and the re- (c) Illex squid—(1) Directed fishery. A duced possession limit has not been im- vessel must be issued a valid Illex squid plemented, as described in § 648.24(c)(1). moratorium permit to fish for, possess, When butterfish harvest is projected to or land more than 10,000 lb (4,536 kg) of reach the DAH limit, as described in Illex squid from or in the EEZ per trip. § 648.24(c)(1), these vessels may not fish Unless the directed fishery is closed for, possess, or land more than 600 lb pursuant to § 648.24(a)(2), a vessel issued (272 kg) of butterfish per trip at any an Illex moratorium permit may pos- time. sess an unlimited amount of Illex squid (2) Incidental fishery. A vessel issued a per trip. squid/butterfish incidental catch per- (2) Incidental fishery. A vessel may mit, regardless of mesh size used, may not fish for, possess, or land more than not fish for, possess, or land more than 10,000 lb (4,536 kg) of Illex squid per trip 600 lb (272 kg) of butterfish per trip at at any time, and may only land Illex any. squid once on any calendar day if: (e) Atlantic chub mackerel. A vessel (i) A vessel is issued an open access must be issued a valid Atlantic mack- squid/butterfish incidental catch per- erel, Illex squid, longfin squid, or mit; or butterfish permit to fish for, possess, (ii) A vessel is issued an Illex morato- or land any Atlantic chub mackerel rium permit and the directed fishery is from or in the Atlantic Chub Mackerel closed pursuant to § 648.24(a)(2). Management Unit within the EEZ per (d) Butterfish. Any vessel issued a trip. A vessel not issued a valid Atlan- butterfish permit under this part may tic mackerel, Illex squid, longfin squid, only land butterfish once on any cal- or butterfish permit in accordance with endar day. § 648.4 that is fishing exclusively in (1) Directed fishery. A vessel must be state waters or in the EEZ outside of issued a butterfish moratorium permit the Atlantic Chub Mackerel Manage- to fish for, possess, or land more than ment Unit is exempt from the posses- 600 lb (272 kg) of butterfish per trip. sion limits specified in this section. (i) Vessels fishing with larger mesh. A (1) Initial commercial possession limits. vessel issued a butterfish moratorium A vessel issued a valid commercial At- permit fishing with a minimum mesh lantic mackerel, Illex squid, longfin size of 3 inches (76 mm) is authorized to squid, or butterfish permit is author- fish for, possess, or land butterfish ized to fish for, possess, and land an un- with no possession restriction in the limited amount of Atlantic chub mack- EEZ per trip, provided that directed erel per trip from the EEZ portion of butterfish fishery has not been closed the Atlantic Chub Mackerel Manage- and the reduced possession limit has ment Unit, provided that the fishery not been implemented, as specified in has not been closed, as specified in § 648.24(c)(1). When butterfish harvest is § 648.24(e)(1).

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(2) Commercial fishery closure posses- (b) Presumption. The possession of At- sion limits. Once the commercial fishery lantic salmon is prima facie evidence is closed in accordance with that such Atlantic salmon were taken § 648.24(e)(1), the possession limits spec- in violation of this regulation. Evi- ified in this paragraph (e)(2) will apply. dence that such fish were harvested in A vessel not issued a Federal commer- state waters, or from foreign waters, or cial Atlantic mackerel, Illex squid, from aquaculture enterprises, will be longfin squid, or butterfish permit in sufficient to rebut the presumption. accordance with § 648.4 that fished ex- This presumption does not apply to clusively in state waters or a vessel fish being sorted on deck. that fished in Federal waters outside of the Atlantic Chub Mackerel Manage- § 648.41 Framework specifications. ment Unit that is transiting the area (a) Within season management action. with gear that is stowed and not avail- The New England Fishery Management able for immediate use is exempt from Council (NEFMC) may, at any time, the possession limits specified in this initiate action to implement, add to or paragraph (e)(2). adjust Atlantic salmon management (i) When the Regional Administrator measures to: projects that 90 percent of the commer- (1) Allow for Atlantic salmon aqua- cial Atlantic chub mackerel TAL has culture projects in the EEZ, provided been landed, a vessel issued a commer- such an action is consistent with the cial Atlantic mackerel, Illex squid, goals and objectives of the Atlantic longfin squid, or butterfish permit may Salmon FMP; and not fish for, possess, or land more than (2) Make changes to the SBRM, in- 40,000 lb (18.14 mt) of Atlantic chub cluding the CV-based performance mackerel at any time per trip in the standard, the means by which discard EEZ portion of the Atlantic Chub data are collected/obtained, fishery Mackerel Management Unit. stratification, the process for (ii) When the Regional Administrator prioritizing observer sea-day alloca- projects that 100 percent of the com- tions, reports, and/or industry-funded mercial Atlantic chub mackerel TAL observers or observer set aside pro- has been landed, a vessel issued a com- grams. mercial Atlantic mackerel, Illex squid, (b) Framework process. After initi- longfin squid, or butterfish permit fish ation of an action to implement, add to for, possess, or land more than 10,000 lb or adjust an Atlantic salmon manage- (4.54 mt) of Atlantic chub mackerel at ment measure to allow for an Atlantic any time per trip in the EEZ portion of salmon aquaculture project in the EEZ, the Atlantic Chub Mackerel Manage- the NEFMC shall develop and analyze ment Unit. Atlantic salmon management meas- [76 FR 60621, Sept. 29, 2011, as amended at 76 ures to allow for Atlantic salmon aqua- FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, culture projects in the EEZ over the 2012; 77 FR 23636, Apr. 20, 2012; 78 FR 3354, span of at least two NEFMC meetings. Jan. 16, 2013; 79 FR 18843, Apr. 4, 2014; 80 FR The NEFMC shall provide the public 14875, Mar. 20, 2015; 81 FR 24509, Apr. 26, 2016; with advance notice of the availability 83 FR 64268, Dec. 14, 2018; 83 FR 65315, Dec. 20, of both the proposals and the analysis 2018; 84 FR 58059, Oct. 30, 2019; 85 FR 47116, Aug. 4, 2020] and opportunity to comment on them prior to and at the second NEFMC meeting. The NEFMC’s recommenda- Subpart C—Management tion on aquaculture management Measures for Atlantic Salmon measures must come from one or more of the following categories: minimum § 648.40 Prohibition on possession. fish sizes, gear restrictions, minimum (a) Incidental catch. All Atlantic mesh sizes, possession limits, tagging salmon caught incidental to a directed requirements, monitoring require- fishery for other species in the EEZ ments, reporting requirements, permit must be released in such a manner as restrictions, area closures, establish- to insure maximum probability of sur- ment of special management areas or vival. zones and any other management

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measures currently included in the NEFMC recommendation, the measures FMP. will be issued as a final rule in the FED- (c) NEFMC recommendation. After de- ERAL REGISTER. veloping Atlantic salmon management (3) NMFS does not concur, the measures and receiving public testi- NEFMC will be notified in writing of mony, the NEFMC shall make a rec- the reasons for the non-concurrence. ommendation to NMFS. The NEFMC’s (e) Emergency action. Nothing in this recommendation must include sup- section is meant to derogate from the porting rationale and, if management authority of the Secretary to take measures are recommended, an anal- emergency action under section 305(e) ysis of impacts and a recommendation of the Magnuson-Stevens Act. to NMFS on whether to issue the man- [64 FR 40520, July 27, 1999, as amended at 80 agement measures as a final rule. If FR 37194, June 30, 2015] NMFS concurs with the NEFMC’s rec- ommendation to issue the management measures as a final rule, the NEFMC Subpart D—Management Meas- must consider at least the following ures for the Atlantic Sea Scal- factors and provide support and anal- lop Fishery ysis for each factor considered: (1) Whether the availability of data SOURCE: 69 FR 35215, June 23, 2004, unless on which the recommended manage- otherwise noted. ment measures are based allows for adequate time to publish a proposed § 648.50 Shell-height standard. rule, and whether regulations have to (a) Minimum shell height. The min- be in place for an entire harvest/fishing imum shell height for in-shell scallops season. that may be landed, or possessed at or (2) Whether there has been adequate after landing, is 3.5 inches (8.9 cm). notice and opportunity for participa- Shell height is a straight line measure- tion by the public and members of the ment from the hinge to the part of the affected industry in the development of shell that is farthest away from the the NEFMC’s recommended manage- hinge. ment measures. (b) Compliance and sampling. Any (3) Whether there is an immediate time at landing or after, including need to protect the resource. when the scallops are received or pos- (4) Whether there will be a con- sessed by a dealer or person acting in tinuing evaluation of measures adopted the capacity of a dealer, compliance following their implementation as a with the minimum shell-height stand- final rule. ard shall be determined as follows: (d) NMFS action. If the NEFMC’s rec- Samples of 40 scallops each shall be ommendation includes implementation taken at random from the total of management measures and, after re- amount of scallops in possession. The viewing the NEFMC’s recommendation person in possession of the scallops and supporting information: may request that as many as 10 sample (1) NMFS concurs with the NEFMC’s groups (400 scallops) be examined. A recommended management measures sample group fails to comply with the and determines that the recommended standard if more than 10 percent of all measures should be issued as a final scallops sampled are shorter than the rule based on the factors specified in shell height specified. The total paragraph (c)(1) through (4) of this sec- amount of scallops in possession shall tion, the measures will be issued as a be deemed in violation of this subpart final rule in the FEDERAL REGISTER. and subject to forfeiture, if the sample (2) NMFS concurs with the NEFMC’s group fails to comply with the min- recommendation and determines that imum standard. the recommended management meas- ures should be published first as a pro- § 648.51 Gear and crew restrictions. posed rule, the measures will be pub- (a) Trawl vessel gear restrictions. Trawl lished as a proposed rule in the FED- vessels issued a limited access scallop ERAL REGISTER. After additional public permit under § 648.4(a)(2) while fishing comment, if NMFS concurs with the under or subject to the DAS allocation

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program for scallops and authorized to cent of the net that (in a hypothetical fish with or possess on board trawl nets situation) would not be in contact with pursuant to § 648.51(f), any trawl vessels the ocean bottom during a tow if the in possession of more than 40 lb (18.14 net were laid flat on the ocean floor. kg) of shucked, or 5 bu (176.2 L) of in- For the purpose of this paragraph shell scallops in or from the EEZ, and (a)(3), head ropes shall not be consid- any trawl vessels fishing for scallops in ered part of the top of the trawl net. the EEZ, must comply with the fol- (ii) Mesh obstruction or constriction. A lowing: fishing vessel may not use any mesh (1) Maximum sweep. The trawl sweep configuration, mesh construction, or of nets shall not exceed 144 ft (43.9 m), other means on or in the top of the net, as measured by the total length of the as defined in paragraph (a)(3)(i) of this footrope that is directly attached to section, if it obstructs the meshes of the webbing, unless the net is stowed the net in any manner. and not available for immediate use, (iii) A fishing vessel may not use or defined in § 648.2, or unless the vessel is possess a net capable of catching scal- fishing under the Northeast multispe- lops in which the bars entering or cies or monkfish DAS programs. exiting the knots twist around each (2) Net requirements—(i) Minimum mesh other. size. Subject to applicable minimum (b) Dredge vessel gear restrictions. All mesh size restrictions for other fish- vessels issued limited access and Gen- eries as specified under this part, the eral Category scallop permits and fish- mesh size for any scallop trawl net in ing with scallop dredges, with the ex- all areas shall not be smaller than 5.5 ception of hydraulic clam dredges and inches (13.97 cm). mahogany quahog dredges in posses- (ii) Measurement of mesh size. Mesh sion of 600 lb (181.44 kg), or less, of scal- size is measured by using a wedge- lops, must comply with the following shaped gauge having a taper of 2 cm restrictions, unless otherwise specified: (0.79 inches) in 8 cm (3.15 inches) and a (1) Maximum dredge width. The com- thickness of 2.3 mm (0.09 inches), in- bined dredge width in use by or in pos- serted into the meshes under a pressure session on board such vessels shall not or pull of 5 kg (11.02 lb) for mesh size exceed 31 ft (9.4 m), measured at the less than 120 mm (4.72 inches) and widest point in the bail of the dredge, under a pressure or pull of 8 kg (17.64 except as provided under paragraph (e) lb) for mesh size at, or greater than, 120 of this section, in § 648.59(g)(2), and the mm (4.72 inches). The mesh size is the scallop dredge exemption areas speci- average of the measurements of any se- fied in § 648.80(h). However, component ries of 20 consecutive meshes for nets parts may be on board the vessel such having 75 or more meshes, and 10 con- that they do not conform with the defi- secutive meshes for nets having fewer nition of ‘‘dredge or dredge gear’’ in than 75 meshes. The mesh in the regu- § 648.2, i.e., the metal ring bag and the lated portion of the net is measured at mouth frame, or bail, of the dredge are least five meshes away from the not attached, and such that no more lacings running parallel to the long than one complete spare dredge could axis of the net. be made from these component’s parts. (3) Chafing gear and other gear obstruc- (2) Minimum mesh size. The mesh size tions—(i) Net obstruction or constriction. of a net, net material, or any other ma- A fishing vessel may not use any device terial on the top of a scallop dredge or material, including, but not limited (twine top) possessed or used by vessels to, nets, net strengtheners, ropes, fishing with scallop dredge gear shall lines, or chafing gear, on the top of a not be smaller than 10-inch (25.4-cm) trawl net, except that one splitting square or diamond mesh. strap and one bull rope (if present), (3) Minimum ring size. (i) Unless other- consisting of line and rope no more wise required under the Sea Scallop than 3 inches (7.62 cm) in diameter, Area Access program specified in may be used if such splitting strap and/ § 648.59(b)(6), the ring size used in a or bull rope does not constrict in any scallop dredge possessed or used by manner the top of the trawl net. ‘‘The scallop vessels shall not be smaller top of the trawl net’’ means the 50 per- than 4 inches (10.2 cm).

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(ii) Ring size is determined by meas- top) (a copy of a diagram showing a uring the shortest straight line passing schematic of a legal dredge with twine through the center of the ring from one top is available from the Regional Ad- inside edge to the opposite inside edge ministrator upon request). of the ring. The measurement shall not (v) Measurement of twine top mesh size. include normal welds from ring manu- Twine top mesh size is measured by facturing or links. The rings to be using a wedge-shaped gauge having a measured will be at least five rings taper of 0.79 inches (2 cm) in 3.15 inches away from the mouth, and at least two (8 cm) and a thickness of 0.09 inches rings away from other rigid portions of (2.3 mm), inserted into the meshes the dredge. under a pressure or pull of 17.64 lb (8 (4) Chafing gear and other gear obstruc- kg). The mesh size is the average of the tions—(i) Chafing gear restrictions. No measurements of any series of 20 con- chafing gear or cookies shall be used on secutive meshes for twine tops having the top of a scallop dredge. 75 or more meshes, and 10 consecutive (ii) Link restrictions. No more than meshes for twine tops having fewer double links between rings shall be than 75 meshes. The mesh in the twine used in or on all parts of the dredge top must be measured along the length bag, except the dredge bottom. No of the twine top, running parallel to a more than triple linking shall be used longitudinal axis, and be at least five in or on the dredge bottom portion and meshes away from where the twine top the diamonds. Damaged links that are mesh meets the rings, running parallel connected to only one ring, i.e., ‘‘hang- to the long axis of the twine top. ers,’’ are allowed, unless they occur be- (5) Restrictions applicable to sea scallop tween two links that both couple the dredges in the mid-Atlantic—(i) Require- same two rings. Dredge rings may not ment to use chain mats. See be attached via links to more than four § 223.206(d)(11) of this chapter for chain adjacent rings. Thus, dredge rings must mat requirements for scallop dredges. be rigged in a configuration such that, (ii) Requirement to use a turtle deflector when a series of adjacent rings are held horizontally, the neighboring rings dredge (TDD) frame—(A) From May 1 form a pattern of horizontal rows and through November 30, any limited ac- vertical columns. A copy of a diagram cess scallop vessel using a dredge, re- showing a schematic of a legal dredge gardless of dredge size or vessel permit ring pattern is available from the Re- category, or any LAGC IFQ scallop ves- gional Administrator upon request. sel fishing with a dredge with a width (iii) Dredge or net obstructions. No ma- of 10.5 ft (3.2 m) or greater, that is fish- ° terial, device, net, dredge, ring, or link ing for scallops in waters west of 71 W. configuration or design shall be used if long., from the shoreline to the outer it results in obstructing the release of boundary of the EEZ, must use a TDD. scallops that would have passed The TDD requires five modifications to through a legal sized and configured the rigid dredge frame, as specified in net and dredge, as described in this paragraphs (b)(5)(ii)(A)(1) through (5) of part, that did not have in use any such this section. See paragraph (b)(5)(ii)(D) material, device, net, dredge, ring link of this section for more specific de- configuration or design. scriptions of the dredge elements men- (iv) Twine top restrictions as a tioned below. proactive accountability measure for by- (1) The cutting bar must be located catch. In addition to the minimum in front of the depressor plate. twine top mesh size specified in para- (2) The acute angle between the plane graph (b)(2) of this section, limited ac- of the bale and the strut must be less cess and limited access general cat- than or equal to 45 degrees. egory IFQ vessels may not fish for scal- (3) All bale bars must be removed, ex- lops with a dredge having more than cept the outer bale (single or double) seven rows of non-overlapping steel bars and the center support beam, leav- rings unobstructed by netting or any ing an otherwise unobstructed space other material between the terminus of between the cutting bar and forward the dredge (club stick) and the net ma- bale wheels, if present. The center sup- terial on the top of the dredge (twine port beam must be less than 6 inches

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(15.24 cm) wide. For the purpose of flar- scallop DAS allocation program may ing and safe handling of the dredge, a have no more than seven people minor appendage not to exceed 12 aboard, including the operator, and a inches (30.5 cm) in length may be at- limited access vessel participating in tached to each of the outer bale bars. If the Sea Scallop Area Access Program the flaring bar is attached in a u-shape, as specified in § 648.59 may have no none of the three sides of the flaring more than eight people aboard, includ- bar shall exceed 12 inches (30.5 cm) in ing the operator, when not docked or length. The appendage shall at no point moored in port, except as follows: be closer than 12 inches (30.5 cm) to the (1) A vessel fishing in the Nantucket cutting bar. Lightship-South-Deep Access Area, as (4) Struts must be spaced 12 inches described in § 648.60(e), may have no (30.5 cm) apart or less from each other, more than 10 people aboard, including along the entire length of the frame. the operator, when not docked or (5) Unless exempted, as specified in moored in port. paragraph (b)(5)(ii)(B) of this section, (2) A vessel participating in the small the TDD must include a straight exten- dredge program is restricted as speci- sion (‘‘bump out’’) connecting the fied in paragraph (e) of this section. outer bale bars to the dredge frame. (3) The Regional Administrator may This ‘‘bump out’’ must exceed 12 inches authorize additional people to be on (30.5 cm) in length, as measured along board through issuance of a letter of the inside of the bale bar from the authorization. front of the cutting bar to the first (4) A certified at-sea observer is on bend in the bale bar. board, as required by § 648.11(k). (B) A limited access scallop vessel (d) Sorting and shucking machines. (1) that uses a dredge with a width less Shucking machines are prohibited on than 10.5 ft (3.2 m) is required to use a all limited access vessels fishing under TDD, except that such a vessel is ex- the scallop DAS program, or any vessel empt from the ‘‘bump out’’ require- in possession of more than 600 lb (272.2 ment specified in paragraph kg) of scallops, unless the vessel has (b)(5)(ii)(A)(5) of this section. This ex- not been issued a limited access scallop emption does not apply to LAGC ves- permit and fishes exclusively in state sels that use dredges with a width of waters. less than 10.5 ft (3.2 m), because such (2) Sorting machines are prohibited vessels are exempted from the require- on limited access vessels fishing under ment to use a TDD, as specified in the scallop DAS program. paragraph (b)(5)(ii) of this section. (e) Small dredge program restrictions. (C) A vessels subject to the require- Any vessel owner whose vessel is as- ments in paragraph (b)(5)(ii) of this signed to either the part-time or Occa- section transiting waters west of 71° W. sional category may request, in the ap- long., from the shoreline to the outer plication for the vessel’s annual per- boundary of the EEZ, is exempted from mit, to be placed in one category high- the requirement to only possess and er. Vessel owners making such request use TDDs, provided the dredge gear is may be placed in the appropriate high- stowed and not available for immediate er category for the entire year, if they use as defined in § 648.2. agree to comply with the following re- (D) TDD-related definitions. (1) The strictions, in addition to, and notwith- cutting bar refers to the lowermost standing other restrictions of this part, horizontal bar connecting the outer when fishing under the DAS program bails at the dredge frame. described in § 648.53: (2) The depressor plate, also known (1) The vessel must fish exclusively as the pressure plate, is the angled with one dredge no more than 10.5 ft piece of steel welded along the length (3.2 m) in width. of the top of the dredge frame. (2) The vessel may not use or have (3) The struts are the metal bars con- more than one dredge on board. How- necting the cutting bar and the depres- ever, component parts may be on board sor plate. the vessel such that they do not con- (c) Crew restrictions. A limited access form with the definition of ‘‘dredge or vessel participating in or subject to the dredge gear’’ in § 648.2, i.e., the metal

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ring bag and the mouth frame, or bail, ber 31, 1994, has an engine horsepower of the dredge are not attached, and no no greater than 450. more than one complete spare dredge [69 FR 35215, June 23, 2004] could be made from these component’s parts. EDITORIAL NOTE: For FEDERAL REGISTER ci- (3) The vessel may have no more than tations affecting § 648.51, see the List of CFR Sections Affected, which appears in the five people, including the operator, on Finding Aids section of the printed volume board, except as follows: and at www.govinfo.gov. (i) A vessel participating in the Sea Scallop Area Access Program as speci- § 648.52 Possession and landing limits. fied in § 648.60 may have no more than (a) A vessel issued an IFQ scallop per- six people, including the operator, on mit that is declared into the IFQ scal- board. lop fishery as specified in § 648.10(b), or (ii) The Regional Administrator may on a properly declared NE multispe- authorize additional people to be on cies, surfclam, or ocean quahog trip (or board through issuance of a letter of other fishery requiring a VMS declara- authorization. tion) and not fishing in a scallop access (iii) A certified at-sea observer is on area, unless as specified in paragraph board, as required by § 648.11(k). (g) of this section or exempted under (iv) A vessel fishing in the Nantucket the state waters exemption program Lightship-South-Deep Access Area, as described in § 648.54, may not possess or described in § 648.60(e), may have no land, per trip, more than 600 lb (272.2 more than 8 people aboard, including kg) of shucked scallops, or possess the operator, when not docked or more than 75 bu (26.4 hL) of in-shell moored in port. scallops shoreward of the VMS Demar- (f) Restrictions on the use of trawl nets. cation Line. Such a vessel may land (1) A vessel issued a limited access scallops only once in any calendar day. scallop permit fishing for scallops Such a vessel may possess up to 100 bu under the scallop DAS allocation pro- (35.2 hL) of in-shell scallops seaward of gram may not fish with, possess on the VMS Demarcation Line on a prop- board, or land scallops while in posses- erly declared IFQ scallop trip, or on a sion of a trawl net, unless such vessel properly declared NE multispecies, has been issued a limited access trawl surfclam, or ocean quahog trip, or vessel permit that endorses the vessel other fishery requiring a VMS declara- to fish for scallops with a trawl net. A tion, and not fishing in a scallop access limited access scallop vessel issued a area. trawl vessel permit that endorses the (b) A vessel issued an NGOM scallop vessel to fish for scallops with a trawl permit, or an IFQ scallop permit that net and general category scallop ves- is declared into the NGOM scallop fish- sels enrolled in the Area Access Pro- ery as described in § 648.62, unless ex- gram as specified in § 648.59, may not empted under the state waters exemp- fish for scallops with a trawl net in the tion program described under § 648.54, Closed Area 1, Closed Area II, Closed may not possess or land, per trip, more Area II Extension, and Nantucket than 200 lb (90.7 kg) of shucked scal- Lightship Rotational Areas specified in lops, or possess more than 25 bu (8.81 § 648.60. hL) of in-shell scallops shoreward of (2) Replacement vessels. A vessel that the VMS Demarcation Line. Such a is replacing a vessel authorized to use vessel may land scallops only once in trawl nets to fish for scallops under any calendar day. Such a vessel may scallop DAS may also be authorized to possess up to 50 bu (17.6 hL) of in-shell use trawl nets to fish for scallops under scallops seaward of the VMS demarca- scallop DAS if it meets the following tion line on a properly declared NGOM criteria: scallop fishery trip. (i) Has not fished for scallops with a (c) A vessel issued an Incidental scal- scallop dredge after December 31, 1987; lop permit, or an IFQ scallop permit or that is not declared into the IFQ scal- (ii) Has fished for scallops with a lop fishery or on a properly declared scallop dredge on no more than 10 trips NE multispecies, surfclam, or ocean from January 1, 1988, through Decem- quahog trip or other fishery requiring a

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VMS declaration as required under IFQ allocation, and it may land it on a § 648.10(f), unless exempted under the subsequent trip. However, the vessel state waters exemption program de- may not exceed the IFQ trip possession scribed under § 648.54, may not possess limit as described in § 648.52(a) unless it or land, per trip, more than 40 lb (18.1 is actively carrying an observer. kg) of shucked scallops, or possess more than 5 bu (1.76 hL) of in-shell [73 FR 20122, Apr. 14, 2008, as amended at 74 FR 20555, May 4, 2009; 75 FR 36569, June 28, scallops shoreward of the VMS Demar- 2010; 76 FR 43763, July 21, 2011; 78 FR 27100, cation Line. Such a vessel may land May 9, 2013; 81 FR 26375, May 4, 2016; 81 FR scallops only once in any calendar day. 76521, Nov. 3, 2016; 82 FR 15161, Mar. 27, 2017; Such a vessel may possess up to 10 bu 84 FR 11442, Apr. 1, 2019; 85 FR 17761, Mar. 31, (3.52 hL) of in-shell scallops seaward of 2020] the VMS Demarcation Line. (d) Owners or operators of vessels § 648.53 Overfishing limit (OFL), ac- with a limited access scallop permit ceptable biological catch (ABC), an- that have properly declared into the nual catch limits (ACL), annual Sea Scallop Area Access Program as catch targets (ACT), annual pro- jected landings (APL), DAS alloca- described in § 648.59 are prohibited from tions, and individual fishing quotas fishing for or landing per trip, or pos- (IFQ). sessing at any time, scallops in excess of any sea scallop possession and land- (a) The following determinations and ing limit set by the Regional Adminis- allocations for the sea scallop rota- trator in accordance with § 648.59(b)(5). tional areas are defined as follows and (e) Owners or operators of vessels shall be established through the speci- issued limited access permits are pro- fications or framework adjustment hibited from fishing for, possessing, or process: landing per trip more than 50 bu (17.6 (1) OFL. OFL shall be based on an up- hl) of in-shell scallops shoreward of the dated scallop resource and fishery as- VMS Demarcation Line, unless when sessment provided by either the Scal- fishing under the state waters exemp- lop PDT or a formal stock assessment. tion specified under § 648.54. OFL shall include all sources of scallop (f) A limited access vessel or an mortality and shall include an upward LAGC vessel that is declared into the adjustment to account for catch of Sea Scallop Area Access Program as scallops in state waters by vessels not described in § 648.59, may not possess issued Federal scallop permits. The more than 50 bu (17.6 hL) or 75 bu (26.4 fishing mortality rate (i.e. F) associ- hL), respectively, of in-shell scallops ated with OFL shall be the threshold F, outside of the Access Areas described above which overfishing is occurring in in § 648.60. the scallop fishery. The F associated (g) Possession limit to defray the cost of with OFL shall be used to derive speci- observers for LAGC IFQ vessels. An fications for ABC, ACL, and ACT, as LAGC IFQ vessel with an observer on defined in paragraph (a) of this section. board may retain, per observed trip, an (2) The specification of ABC, ACL, allowance of scallops in addition to the and ACT shall be based upon the fol- possession limit, as established by the lowing overfishing definition: The F Regional Administrator in accordance shall be set so that in access areas, with § 648.59(d), provided the observer averaged for all years combined over set-aside specified in § 648.59(d)(1) has the period of time that the area is not been fully utilized. For example, if closed and open to scallop fishing as an the LAGC IFQ vessel possession limit access area, it does not exceed the es- is 600 lb (272.2 kg) and the additional al- tablished F threshold for the scallop lowance to defray the cost of an ob- fishery; in open areas it shall not ex- server is 200 lb (90.7 kg), the vessel ceed the F threshold for the scallop could retain up to 800 lb (362.9 kg) when fishery; and for access and open areas carrying an observer, regardless of trip combined, it is set at a level that has length. If a vessel does not land its ad- a 75-percent probability of remaining ditional allowance on the trip while below the F associated with ABC, as carrying an observer, the additional al- defined in paragraph (a)(3) of this sec- lowance will be added to the vessel’s tion, taking into account all sources of

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fishing mortality in the limited access (ii) Limited access fleet sub-ACT. The and LAGC fleets of the scallop fishery. ACT for the limited access fishery shall (3) Overall ABC/ACL and APL—(i) be set at a level that has an associated Overall ABC/ACL. The overall ABC for F with a 75-percent probability of re- sea scallop fishery shall be the catch maining below the F associated with level that has an associated F that has ABC/ACL. a 75-percent probability of remaining (6) LAGC IFQ fleet sub-ACL, sub-ACT, below the F associated with OFL. The and annual allocation—(i) LAGC IFQ overall ACL shall be equal to the ABC fleet sub-ACL. After applying the deduc- for the scallop fishery, minus discards tions as specified in paragraph (a)(4) of (an estimate of both incidental and dis- this section, the LAGC IFQ fleet shall card mortality). The ABC/ACL, after be allocated a sub-ACL equal to 5.5 per- the discards and deductions specified in cent of the ABC/ACL, so that 5 percent paragraph (a)(4) of this section are re- of ABC/ACL is allocated to the LAGC moved, shall be divided as sub-ACLs fleet of vessels that do not also have a between limited access vessels, limited limited access scallop permit, and 0.5 access vessels that are fishing under a percent of the ABC/ACL is allocated to LAGC permit, and LAGC vessels as de- the LAGC fleet of vessels that have fined in paragraphs (a)(5) and (6) of this limited access scallop permits. This section, after the deductions outlined specification of sub-ACLs shall not ac- in paragraph (a)(4) of this section. count for catch reductions associated with the application of AMs or adjust- (ii) APL. The APL shall be equal to ment of the sub-ACL as a result of the the combined projected landings by the limited access AM exception as speci- limited access and LAGC IFQ fleets in fied in paragraph (c)(1) of this section. both the open area and access areas, (ii) LAGC IFQ fleet sub-ACT. The after set-asides (RSA and observer) and LAGC IFQ fishery sub-ACT shall be incidental landings are accounted for, equal to the LAGC IFQ fishery’s sub- for a given fishing year. Projected scal- ACL. The sub-ACT for the LAGC IFQ lop landings are calculated by esti- fishery for vessels issued only a LAGC mating the landings that will come IFQ scallop permit shall be equal to 5 from open and access area effort com- percent of the ABC/ACL specified in bined for both limited access and LAGC paragraph (a)(3) of this section, after IFQ fleets. These projected landings applying the deductions as specified in shall not exceed the overall ABC/ACL paragraph (a)(4) of this section. The and ACT, as described in paragraph (a) sub-ACT for the LAGC IFQ fishery for of this section. vessels issued both a LAGC IFQ scallop (4) Deductions from ABC/ACL. Inci- permit and a limited access scallop dental catch, as defined in paragraph permit shall be 0.5 percent of the ACL (a)(7) of this section, shall be removed specified in paragraph (a)(3) of this sec- from ABC/ACL. One percent of ABC/ tion, after applying the deductions as ACL shall be removed from ABC/ACL specified in paragraph (a)(4) of this sec- for observer set-aside. Scallop catch tion. equal to the value specified in (iii) LAGC IFQ fleet annual allocation. § 648.56(d) shall be removed from ABC/ (A) The annual allocation for the ACL for research set-aside. These de- LAGC IFQ fishery for vessels issued an ductions for incidental catch, observer LAGC IFQ scallop permit and not also set-aside, and research set-aside, shall issued a limited access permit shall be be made prior to establishing sub-ACLs equal to 5 percent of the APL. The an- for the limited access and LAGC fleets, nual allocation for the LAGC IFQ fish- as specified in paragraphs (a)(5) and (6) ery for vessels issued both a LAGC IFQ of this section. scallop permit and a limited access (5) Limited access fleet sub-ACL and scallop permit shall be 0.5 percent of sub-ACT—(i) Limited access fleet sub- the APL. ACL. After applying the deductions as (B) Standardized default LAGC IFQ specified in paragraph (a)(4) of this sec- allocation. Unless otherwise specified tion, the limited access scallop fleet by the Council through the framework shall be allocated a sub-ACL equal to adjustment or specifications process 94.5 percent of the ABC/ACL. defined in § 648.55, after the first-year

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allocation expires, the second-year de- (7) Scallop incidental catch target TAC. fault allocation, as described in The annual incidental catch target § 648.55(a), shall be set at 75 percent of TAC is the catch available for harvest the first-year allocation for all vessels for vessels with incidental catch scal- issued an LAGC IFQ scallop permit and lop permits. This incidental catch tar- not also issued a limited access permit get will be removed from the ABC/ACL and for vessels issued both an LAGC defined in paragraph (a)(3) of this sec- IFQ scallop permit and a limited access tion prior to establishing the limited scallop permit. After the second-year access and LAGC IFQ sub-ACLs and default allocation expires, the third sub-ACTs defined in paragraphs (a)(5) and (6) of this section. year allocation would be set to zero (8) Scallop fishery catch limits. The fol- until replaced by subsequent alloca- lowing catch limits will be effective for tions. the 2020 and 2021 fishing years:

TABLE 1 TO PARAGRAPH (a)(8)—SCALLOP FISHERY CATCH LIMITS

Catch limits 2020 2021 (mt) (mt) 1

Overfishing Limit ...... 56,186 47,503 Acceptable Biological Catch/ACL (discards removed) ...... 45,414 36,435 Incidental Catch ...... 23 23 Research Set-Aside (RSA) ...... 567 567 Observer Set-Aside ...... 454 364 ACL for fishery ...... 44,370 35,481 Limited Access ACL ...... 41,930 33,530 LAGC Total ACL ...... 2,440 1,951 LAGC IFQ ACL (5 percent of ACL) ...... 2,219 1,774 Limited Access with LAGC IFQ ACL (0.5 percent of ACL) ...... 222 177 Limited Access ACT ...... 37,819 30,242 APL (after set-asides removed) ...... 22,370 (1) Limited Access Projected Landings (94.5 percent of APL) ...... 21,140 (1) Total IFQ Annual Allocation (5.5 percent of APL) 2 ...... 1,230 923 LAGC IFQ Annual Allocation (5 percent of APL) 2 ...... 1,119 839 Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ...... 112 84 1 The catch limits for the 2021 fishing year are subject to change through a future specifications action or framework adjust- ment. This includes the setting of an APL for 2021 that will be based on the 2020 annual scallop surveys. The 2021 default allo- cations for the limited access component are defined for DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B). 2 As specified in paragraph (a)(6)(iii)(B) of this section, the 2021 IFQ annual allocations are set at 75 percent of the 2020 IFQ Annual Allocations.

(b) DAS specifications and allocations. (2) Assignment to DAS categories—(i) DAS specifications and allocations for Limited access vessels shall be cat- limited access scallop trips in open egorized as full-time, part-time, or oc- areas are defined as follows and shall casional. Allocations for part-time and be specified through the specifications occasional scallop vessels shall be 40 or framework adjustment processes de- percent and 8.33 percent of the full- fined in § 648.55, as follows: time DAS allocations, respectively. (1) DAS allocations. DAS allocations (ii) Subject to the vessel permit ap- shall be determined by distributing the plication requirements specified in portion of the limited access ACT de- § 648.4, for each fishing year, each ves- fined in paragraph (a)(3) of this section, sel issued a limited access scallop per- as reduced by access area allocations mit shall be assigned to the DAS cat- defined in § 648.59, and dividing that egory (full-time, part-time, or occa- amount among vessels in the form of sional) it was assigned to in the pre- DAS calculated by applying estimates ceding year, except as provided under of open area landings per unit effort the small dredge program specified in (LPUE) projected through the speci- § 648.51(e). fications or framework adjustment (3) DAS allocations. The DAS alloca- processes used to set annual alloca- tions for limited access scallop vessels tions. for fishing years 2020 and 2021 are as follows:

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TABLE 2 TO PARAGRAPH (b)(3)—SCALLOP OPEN curred. For example, landings in excess AREA DAS ALLOCATIONS of the limited access fishery’s sub-ACL in Year 1 would result in the DAS re- 1 Permit category 2020 2021 duction AM in Year 2. If the AM takes Full-Time ...... 24.00 18.00 effect, and a limited access vessel uses Part-Time ...... 9.60 7.20 more open area DAS in the fishing year Occasional ...... 2.00 1.5 in which the AM is applied, the vessel 1 The DAS allocations for the 2021 fishing year are subject to change through a future specifications action or framework shall have the DAS used in excess of adjustment. The 2021 DAS allocations are set at 75 percent the allocation after applying the AM of the 2020 allocation as a precautionary measure. deducted from its open area DAS allo- (4) Standardized default DAS alloca- cation in the subsequent fishing year. tions. Unless otherwise specified by the For example, a vessel initially allo- Council through the framework adjust- cated 32 DAS in Year 1 uses all 32 DAS ment or specifications process defined prior to application of the AM. If, after in § 648.55, after the first-year alloca- application of the AM, the vessel’s DAS tions expire, the second-year default allocation is reduced to 31 DAS, the limited access DAS allocations, as de- vessel’s DAS in Year 2 would be re- scribed in § 648.55(a), shall be set at 75 duced by 1 DAS. percent of the first-year allocation. (1) Limited access AM exception. If After the second-year default alloca- NMFS determines that the fishing tion expires, the third year allocation mortality rate associated with the lim- would be set to zero until replaced by ited access fleet’s landings in a fishing subsequent allocations. year is less than 0.46, the AM specified (c) Accountability measures (AM) for limited access vessels. Unless the limited in paragraph (c) of this section shall access AM exception is implemented in not take effect. The fishing mortality accordance with the provision specified rate of 0.46 is the fishing mortality rate in paragraph (c)(1) of this section, if that is one standard deviation below the limited access sub-ACL defined in the fishing mortality rate for the scal- paragraph (a)(5) of this section is ex- lop fishery ACL, currently estimated ceeded for the applicable fishing year, at 0.51. the DAS for each limited access vessel (2) Limited access fleet AM and excep- shall be reduced by an amount equal to tion provision timing. The Regional Ad- the amount of landings in excess of the ministrator shall determine whether sub-ACL divided by the applicable the limited access fleet exceeded its LPUE for the fishing year in which the sub-ACL, defined in paragraph (a)(5) of AM will apply as projected by the spec- this section, by July of the fishing year ifications or framework adjustment following the year for which landings process specified in § 648.55, then di- are being evaluated. On or about July vided by the number of scallop vessels 1, the Regional Administrator shall no- eligible to be issued a full-time limited tify the New England Fishery Manage- access scallop permit. For example, as- ment Council of the determination of suming a 300,000-lb (136-mt) overage of whether or not the sub-ACL for the the limited access fishery’s sub-ACL in limited access fleet was exceeded, and Year 1, an open area LPUE of 2,500 lb the number of landings in excess of the (1.13 mt) per DAS in Year 2, and 313 sub-ACL. Upon this notification, the full-time vessels, each full-time ves- Scallop Plan Development Team (PDT) sel’s DAS for Year 2 would be reduced shall evaluate the overage and deter- by 0.38 DAS (300,000 lb (136 mt)/2,500 lb mine if the fishing mortality rate asso- (1.13 mt) per DAS = 120 lb (0.05 mt) per ciated with total landings by the lim- DAS/313 vessels = 0.38 DAS per vessel). ited access scallop fleet is less than Deductions in DAS for part-time and 0.46. On or about September 1 of each occasional scallop vessels shall be 40 year, the Scallop PDT shall notify the percent and 8.33 percent of the full- Council of its determination, and the time DAS deduction, respectively, as Council, on or about September 30, calculated pursuant to paragraph (b)(2) shall make a recommendation, based of this section. The AM shall take ef- on the Scallop PDT findings, con- fect in the fishing year following the cerning whether to invoke the limited fishing year in which the overage oc- access AM exception. If NMFS concurs

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with the Scallop PDT’s recommenda- (i) There is no fish onboard the vessel tion to invoke the limited access AM and no fishing operations on the vessel exception, in accordance with the APA, were initiated, including setting and/or the limited access AM shall not be im- hauling fishing gear; and plemented. If NMFS does not concur, (ii) The owner or operator of the ves- in accordance with the APA, the lim- sel fishing under a DAS program and ited access AM shall be implemented as required to use a VMS as specified soon as possible after September 30 under § 648.10(b) makes an initial trip each year. cancelation notification from sea, at (d) End-of-year carry-over for open the time the trip was canceled, or at area DAS. With the exception of vessels the earliest opportunity prior to cross- that held a Confirmation of Permit ing the demarcation line as defined at History as described in § 648.4(a)(2)(i)(J) § 648.10(a). These reports are in the for the entire fishing year preceding form of an email to NMFS Office of the carry-over year, limited access ves- Law Enforcement and include at least sels that have unused open area DAS the following information: Operator on the last day of March of any year name; vessel name; vessel permit num- may carry over a maximum of 10 DAS, ber; port where vessel will return; date not to exceed the total open area DAS trip started; estimated date/time of re- allocation by permit category, into the turn to port; and a statement by the next year. DAS carried over into the operator that no fish were onboard and next fishing year may only be used in no fishing activity occurred; and open areas. Carry-over DAS are ac- (iii) The owner or operator of the ves- counted for in setting the sub-ACT for sel operating under the DAS program the limited access fleet, as defined in paragraph (a)(5)(ii) of this section. required to use the IVR call in as speci- Therefore, if carry-over DAS result or fied under § 648.10(h) makes an initial contribute to an overage of the ACL, trip cancelation notification to NMFS the limited access fleet AM specified in by calling the IVR back at the time the paragraph (c) of this section would still trip was canceled, or at the earliest op- apply, provided the AM exception spec- portunity prior to returning to port. ified in paragraph (c)(1) of this section This request must include at least the is not invoked. following information: Operator name; (e) Accrual of DAS. All DAS fished vessel name; vessel permit number; shall be charged to the nearest minute. port where vessel will return; date trip A vessel carrying an observer and au- started; estimated date/time of return thorized to be charged fewer DAS in to port; and a statement from the oper- Open Areas based on the total available ator that no fish were onboard and no DAS set aside under paragraph (g) of fishing activity occurred; and this section shall be charged at a re- (iv) The owner or operator of the ves- duced rate as specified in paragraph sel requesting a canceled trip DAS (g)(1) of this section. credit, in addition to the requirements (f) DAS credits—(1) Good Samaritan in paragraphs (f)(2)(ii) and (iii) of this credit. A limited access vessel oper- section, submits a written DAS credit ating under the DAS program and that request form to NMFS within 30 days spends time at sea assisting in a USCG of the vessel’s return to port from the search and rescue operation or assist- canceled trip. This application must ing the USCG in towing a disabled ves- include at least the following informa- sel, and that can document the occur- tion: Date and time when the vessel rence through the USCG, will not ac- canceled the fishing trip; date and time crue DAS for the time documented. of trip departure and landing; operator (2) Canceled trip DAS credit. A limited name; owner/corporation name; permit access vessel operating under the DAS number; hull identification number; program and that ends a fishing trip vessel name; date and time notification prior to setting and/or hauling fishing requirements specified under para- gear for any reason may request a can- graphs (f)(2)(ii) and (iii) of this section celled trip DAS credit for the trip were made; reason for canceling the based on the following conditions and trip; and owner/operator signature and requirements: date; and

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(v) The vessel trip report for the can- (2) At the start of each scallop fish- celed trip as required under § 648.7(b) is ing year, the observer set-aside speci- submitted along with the DAS credit fied in paragraph (g)(1) of this section request form; and initially shall be divided proportion- (vi) For DAS credits that are re- ally by access and open areas, based on quested near the end of the fishing year the amount of effort allocated into as defined at § 648.2, and approved by each area, in order to set the com- the Regional Administrator, the cred- pensation and coverage rates. NMFS ited DAS apply to the fishing year in shall monitor the observer set-aside which the canceled trip occurred. Cred- usage and may transfer set-aside from ited DAS that remain unused at the one area to another if one area is using end of the fishing year or that are not more or less set-aside than originally credited until the following fishing anticipated. The set-aside may be year may be carried over into the next transferred from one area to another, fishing year, not to exceed the max- based on NMFS in-house area-level imum number of carryover DAS as monitoring that determines whether specified under paragraph (d) of this one area will likely have excess set- section. aside while another may not. The set- (3) Limited access scallop vessels fishing aside shall be considered completely under the DAS program and landing scal- harvested when the full one percent is lops at a port located at or south of 39° N. landed, at which point there would be Lat. If landing scallops at a port lo- no more compensation for any observed cated at or south of 39° N. lat., a lim- scallop trip, regardless of area. NMFS ited access vessel participating in the shall continue to proactively adjust scallop DAS program may end its DAS compensation rates and/or observer trip once shoreward of the VMS De- coverage levels mid-year in order to marcation Line at or south of 39° N. minimize the chance that the set-aside lat. by declaring out of the scallop fish- would be harvested prior to the end of ery. Once declared out of the scallop the FY. Utilization of the set-aside fishery, the vessel may cross seaward shall be on a first-come, first-served of the VMS Demarcation Line and basis. When the set-aside for observer steam to ports at or south of 39° N. lat., coverage has been utilized, vessel own- to land scallops while not on a DAS, ers shall be notified that no additional provided that the vessel complies with scallop catch or DAS remain available the following requirements: to offset the cost of carrying observers. (i) The vessel must submit a Scallop The obligation to carry and pay for an Pre-landing Notification Form, as observer shall not be waived if set- specified at § 648.10(f)(4)(iv); aside is not available. (ii) The vessel’s fishing gear is stowed (3) DAS set-aside for observer coverage. and not available for immediate use as A limited access scallop vessel car- defined in § 648.2; rying an observer in open areas shall be (iii) The vessel must return directly compensated with reduced DAS accrual to port and offload scallops; rates for each trip on which the vessel (iv) The vessel must land scallops at carries an observer. For each DAS that a port located at or south of 39° N. lat.; a vessel fishes for scallops with an ob- and server on board, the DAS shall be (v) The vessel may not possess in- charged at a reduced rate, based on an shell scallops. adjustment factor determined by the (g) Set-asides for observer coverage. (1) Regional Administrator on an annual To help defray the cost of carrying an basis, dependent on the cost of observ- observer, 1 percent of the ABC/ACL de- ers, catch rates, and amount of avail- fined in paragraph (a)(3) of this section able set-aside. The Regional Adminis- shall be set aside to be used by vessels trator shall notify vessel owners of the that are assigned to take an at-sea ob- cost of observers and the DAS adjust- server on a trip. This observer set-aside ment factor through a permit holder is specified through the specifications letter issued prior to the start of each or framework adjustment process de- fishing year. This DAS adjustment fac- fined in § 648.55. tor may also be changed during the

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fishing year if fishery conditions war- November 1, 2004. If a dealer reported rant such a change. The number of more than 400 lb (181.4 kg) of scallops DAS that are deducted from each trip landed on a trip, only 400 lb (181.4 kg) based on the adjustment factor shall be will be credited for that trip toward deducted from the observer set-aside the best year calculation. For dealer amount in the applicable fishing year. reports that indicate clearly that the (h) Annual IFQs—(1) IFQ restriction. landings were bushels of in-shell scal- For each fishing year of the IFQ pro- lops, a conversion of 8.33 lb (3.78 kg) of gram, a vessel issued an IFQ scallop scallop meats per bushel shall be used permit may only harvest and land the to calculate meat-weight, up to a max- total amount of scallop meats allo- imum of 400 lb (181.4 kg) per trip. cated in accordance with this subpart. (B) Years active. For each eligible IFQ Unless otherwise specified in this part, scallop vessel, the total number of a vessel allocated scallop IFQ may not scallop fishing years during the period exceed the possession limits specified March 1, 2000, through November 1, in § 648.52 on any trip. 2004, in which the vessel had a general (2) Calculation of IFQ. The LAGC IFQ category scallop permit and landed at fleet annual allocation as defined in least 1 lb (0.45 kg) of scallop meats, or paragraph (a)(6)(iii) of this section, in-shell scallops, shall be counted as shall be used to determine the IFQ of active years based on NMFS dealer re- each vessel issued an IFQ scallop per- ports. Scallop landings in the 2004 fish- mit. Each fishing year, the Regional ing year must have occurred on or be- Administrator shall provide the owner fore November 1, 2004. of a vessel issued an IFQ scallop permit (C) Index to determine contribution fac- issued pursuant to § 648.4(a)(2)(ii) with tor. For each eligible IFQ scallop ves- the scallop IFQ for the vessel for the sel, the best year as determined pursu- upcoming fishing year. ant to paragraph (a)(2)(ii)(E)(1) of this (i) IFQ. The IFQ for an IFQ scallop section shall be multiplied by the ap- vessel shall be the vessel’s contribution propriate index factor specified in the percentage as specified in paragraph following table, based on years active (h)(2)(iii) of this section and deter- as specified in paragraph (a)(2)(ii)(E)(2) mined using the steps specified in para- of this section. The resulting contribu- graph (h)(2)(ii) of this section, multi- tion factor shall determine its IFQ for plied by the LAGC IFQ fleet annual al- each fishing year based on the alloca- location as defined in paragraph tion to general category scallop vessels (a)(6)(iii) of this section. as specified in paragraph (a)(4) of this (ii) Contribution factor. An IFQ scal- section and the method of calculating lop vessel’s contribution factor is cal- the IFQ provided in paragraph (h) of culated using the best year, years ac- this section. tive, and index factor as specified in paragraphs (h)(2)(ii)(A) through (C) of Years active Index factor this section. A vessel’s contribution 1 ...... 0 .75 factor shall be provided to the owner of 2 ...... 0 .875 3 ...... 1 .0 a qualified limited access general cat- 4 ...... 1 .125 egory vessel following initial applica- 5 ...... 1 .25 tion for an IFQ scallop permit as speci- fied in § 648.4(a)(2)(ii)(E), consistent (D) Contribution factor example. If a with confidentiality restrictions of the vessel landed 48,550 lb (22,022 kg) of Magnuson-Stevens Act specified at 16 scallops in its best year, and was active U.S.C. 1881a. in the general category scallop fishery (A) Best year determination. An eligi- for 5 years, the vessel’s contribution ble IFQ scallop vessel’s highest scallop factor is equal to 60,687 lb (27,527 kg) landings in any scallop fishing year (48,550 lb (22,022 kg * 1.25). that the vessel was issued a general (iii) Contribution percentage. A ves- category scallop permit between March sel’s contribution percentage shall be 1, 2000, and November 1, 2004, shall be determined by dividing its contribution determined using NMFS dealer reports. factor by the sum of the contribution Scallop landings in the 2004 fishing factors of all vessels issued an IFQ year must have occurred on or before scallop permit. Continuing the example

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in paragraph (h)(1)(ii)(D) of this sec- rarily and permanently transferred tion, the sum of the contribution fac- IFQ, in a fishing year, the amount of tors for 380 IFQ scallop vessels is esti- landings in excess of the vessel’s IFQ, mated for the purpose of this example including all temporarily and perma- to be 4.18 million lb (1,896 mt). The con- nently transferred IFQ, shall be de- tribution percentage of the above ves- ducted from the vessel’s IFQ as soon as sel is 1.45 percent (60,687 lb (27,527 kg)/ possible in the fishing year following 4.18 million lb (1,896 mt) = 1.45 percent). the fishing year in which the vessel ex- The contribution percentage for a ves- ceeded its IFQ. If the AM takes effect, sel that is issued an IFQ scallop permit and an IFQ vessel lands more scallops and whose owner has permanently than allocated after the AM is applied, transferred all of its IFQ to another the vessel shall have the IFQ landed in IFQ vessel, as specified in paragraph excess of its IFQ after applying the AM (h)(5)(ii) of this section, shall be equal deducted from its IFQ in the subse- to 0 percent. quent fishing year. For example, a ves- (iv) Vessel IFQ Example. Continuing sel with an initial IFQ of 1,000 lb (453.6 the example in paragraphs (h)(1)(ii)(D) kg) in 2010 that lands 1,200 lb (544.3 kg) and (h)(1)(iii) of this section, with an of scallops in 2010, and is initially allo- ACL allocated to IFQ scallop vessels cated 1,300 lb (589.7 kg) of scallops in estimated for this example to be equal 2011 would be subject to an IFQ reduc- to 2.5 million lb (1,134 mt), the vessel’s tion equal to 200 lb (90.7 kg) to account IFQ would be 36,250 lb (16,443 kg) (1.45 for the 200 lb (90.7 kg) overage in 2010. percent * 2.5 million lb (1,134 mt)). If that vessel lands 1,300 lb (589.7 kg) of (v) End-of-year carry-over for IFQ. (A) scallops in 2011 prior to application of With the exception of vessels that held the 200 lb (90.7 kg) deduction, the vessel a Confirmation of Permit History as would be subject to a deduction of 200 described in § 648.4(a)(2)(ii)(L) for the lb (90.7 kg) in 2012. For vessels involved entire fishing year preceding the carry- in a temporary IFQ transfer, the entire over year, LAGC IFQ vessels that have deduction shall apply to the vessel that unused IFQ on the last day of March of acquired IFQ, not the transferring ves- any year may carry over up to 15 per- sel. A vessel that has an overage that cent of the vessel’s original IFQ plus exceeds its IFQ in the subsequent fish- the total of IFQ transferred to such ing year shall be subject to an IFQ re- vessel minus the total IFQ transferred duction in subsequent years until the from such vessel (either temporary or overage is paid back. For example, a permanent) IFQ into the next fishing vessel with an IFQ of 1,000 lb (454 kg) in year. For example, a vessel with a each year over a 3-year period that har- 10,000-lb (4,536-kg) IFQ and 5,000-lb vests 2,500 lb (1,134 kg) of scallops the (2,268-kg) of leased IFQ may carry over first year would have a 1,500-lb (680-kg) 2,250 lb (1,020 kg) of IFQ (i.e., 15 percent IFQ deduction, so that it would have of 15,000 lb (6,804 kg)) into the next fish- zero pounds to harvest in year 2, and ing year if it landed 12,750 lb (5,783 kg) 500 lb (227 kg) to harvest in year 3. A (i.e., 85 percent of 15,000 lb (6,804 kg)) of vessel that has a ‘‘negative’’ IFQ bal- scallops or less in the preceding fishing ance, as described in the example, year. Using the same IFQ values from could lease or transfer IFQ to balance the example, if the vessel landed 14,000 the IFQ, provided there are no sanc- lb (6,350 kg) of scallops, it could carry tions or other enforcement penalties over 1,000 lb (454 kg) of scallops into that would prohibit the vessel from ac- the next fishing year. quiring IFQ. (B) With the exception of vessels that (3) IFQ ownership restrictions—(i) IFQ held a Confirmation of Permit History scallop vessel IFQ cap. (A) Unless other- as described in § 648.4(a)(2)(ii)(L) for the wise specified in paragraphs (h)(3)(i)(B) entirety of fishing year 2019, LAGC IFQ and (C) of this section, a vessel issued vessels that have unused IFQ on the an IFQ scallop permit or confirmation last day of March of fishing year 2019 of permit history shall not be issued may carry 100 percent of the vessel’s more than 2.5 percent of the sub-ACL unharvested IFQ into fishing year 2020. allocated to the IFQ scallop vessels as (vi) AM for the IFQ fleet. If a vessel described in paragraph (a)(6) of this exceeds its IFQ, including all tempo- section.

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(B) A vessel may be initially issued were issued or renewed a limited access more than 2.5 percent of the sub-ACL scallop permit or confirmation of per- allocated to the IFQ scallop vessels as mit history for a vessel in 2009 and described in paragraph (a)(6) of this thereafter, in compliance with the section, if the initial determination of ownership restrictions in paragraph its contribution factor specified in ac- (h)(3)(ii)(A) of this section, are eligible cordance with § 648.4(a)(2)(ii)(E) and to renew such permits(s) and/or con- paragraph (h)(2)(ii) of this section, re- firmation(s) of permit history, regard- sults in an IFQ that exceeds 2.5 percent less of whether the renewal of the per- of the sub-ACL allocated to the IFQ mits or confirmations of permit his- scallop vessels as described in para- tory will result in the 5-percent owner- graph (a)(6) of this section. A vessel ship restriction being exceeded. that is allocated an IFQ that exceeds (C) Having an ownership interest in- 2.5 percent of the sub-ACL allocated to cludes, but is not limited to, persons the IFQ scallop vessels as described in who are shareholders in a vessel owned paragraph (a)(6) of this section, in ac- by a corporation, who are partners cordance with this paragraph (general or limited) to a vessel owner, (h)(3)(i)(B), may not receive IFQ or who, in any way, partly own a ves- through an IFQ transfer, as specified in sel. paragraph (h)(5) of this section. All (iii) Limited access scallop vessels that scallops that have been allocated as have been issued an IFQ scallop permit. part of the original IFQ allocation or The IFQ scallop vessel IFQ cap and IFQ transferred to a vessel during a given ownership cap specified in this para- fishing year shall be counted towards graph (h)(3) do not apply to limited ac- the vessel cap. cess scallop vessels that are also issued (C) A vessel initially issued a 2008 a limited access general category scal- IFQ scallop permit or confirmation of lop permit because such vessels are al- permit history, or that was issued or ready subject to an ownership limita- renewed a limited access scallop per- tion, as specified in § 648.4(a)(2)(i)(M). mit or confirmation of permit history for a vessel in 2009 and thereafter, in (4) IFQ cost recovery. A fee, not to ex- compliance with the ownership restric- ceed 3 percent of the ex-vessel value of tions in paragraph (h)(3)(i)(A) of this IFQ scallops harvested, shall be col- section, is eligible to renew such per- lected to recover the costs associated mit(s) and/or confirmation(s) of permit with management, data collection, and history, regardless of whether the re- enforcement of the IFQ program. The newal of the permit or confirmations of owner of a vessel issued an IFQ scallop permit history will result in the 2.5- permit and subject to the IFQ program percent IFQ cap restriction being ex- specified in this paragraph (h)(4), shall ceeded. be responsible for paying the fee as (ii) IFQ ownership cap. (A) For any specified by NMFS in this paragraph vessel acquired after June 1, 2008, a ves- (h)(4). An IFQ scallop vessel shall incur sel owner is not eligible to be issued an a cost recovery fee liability for every IFQ scallop permit for the vessel, and/ landing of IFQ scallops. The IFQ scal- or a confirmation of permit history, lop permit holder shall be responsible and is not eligible to transfer IFQ to for collecting the fee for all of its ves- the vessel, if, as a result of the sels’ IFQ scallop landings, and shall be issuance of the permit and/or confirma- responsible for submitting this pay- tion of permit history, or IFQ transfer, ment to NMFS once per year. The cost the vessel owner, or any other person recovery fee for all landings, regardless who is a shareholder or partner of the of ownership changes throughout the vessel owner, will have an ownership fishing year, shall be the responsibility interest in more than 5 percent of the of the official owner of the vessel, as sub-ACL allocated to the IFQ scallop recorded in the vessel permit or con- vessels as described in paragraph (a)(6) firmation of permit history file, at the of this section. time the bill is sent. (B) Vessel owners who were initially (i) Cost recovery fee determination. The issued a 2008 IFQ scallop permit or con- ex-vessel value of scallops shall be de- firmation of permit history, or who termined as an average of the ex-vessel

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value, as determined by Northeast Fed- trative Determination (FAD). The FAD eral dealer reports, of all IFQ scallops shall set out the facts, discuss those landed between March 1 and September facts within the context of the relevant 30 of the initial year of the IFQ scallop agency policies and regulations, and program, and from October 1 through decide as to the appropriate disposition September 30 of each year thereafter. of the matter. A FAD shall be the final (ii) Fee payment procedure. On or agency action, and, if the FAD deter- about October 31 of each year NMFS mines that the IFQ scallop permit shall mail a cost recovery bill to each holder is out of compliance, the FAD IFQ scallop permit holder for the pre- shall require payment within 30 days. vious cost recovery period. An IFQ If a FAD is not issued until after the scallop permit holder who has incurred start of the fishing year, the IFQ scal- a fee must pay the fee to NMFS within lop permit holder may be authorized to 60 days from the date of mailing of the fish temporarily by the Regional Ad- recovery bill. Cost recovery payments ministrator until the FAD is issued, at shall be made electronically via the which point the permit holder shall Federal web portal, www.pay.gov, or have 30 days to comply with the terms other internet sites as designated by of the FAD or the IFQ scallop permit the Regional Administrator. Instruc- shall not be issued until such terms are tions for electronic payment shall be met. If NMFS determines that the IFQ available on both the payment website scallop permit holder owes additional and the paper bill. Payment options fees for the previous cost recovery pe- shall include payment via a credit riod, and the IFQ scallop permit has al- card, as specified in the cost recovery ready been renewed, NMFS shall issue bill, or via direct automated clearing a FAD, at which point the permit hold- house (ACH) withdrawal from a des- er shall have 30 days to comply with ignated checking account. Payment by the terms of the FAD or NMFS may check may be authorized by NMFS if it withdraw the issuance of the IFQ scal- has determined that electronic pay- lop permit until such terms are met. If ment is not possible (for example, if such payment is not received within 30 the geographical area of an indi- days of issuance of the FAD, NMFS vidual(s) is affected by catastrophic shall refer the matter to the appro- conditions). priate authorities within the U.S. De- (iii) Payment compliance. An IFQ scal- partment of the Treasury for purposes lop permit holder that has incurred an of collection, and no IFQ permit held IFQ cost recovery fee must pay the fee by the permit holder may be renewed to NMFS within 60 days from the date until the terms of the FAD are met. If of mailing. If the cost recovery pay- NMFS determines that the conditions ment, as determined by NMFS, is not of the FAD have been met, the IFQ per- made within 60 days from the date of mit holder may renew the IFQ scallop mailing, NMFS may deny the renewal permit(s). If NMFS does not receive of the IFQ scallop permit until full full payment prior to the end of the payment is received. If, upon prelimi- fishing year, the IFQ scallop permit nary review of the accuracy and com- shall be considered voluntarily aban- pleteness of a fee payment, NMFS de- doned, pursuant to § 648.4(a)(2)(ii)(K), termines the IFQ scallop permit holder unless otherwise determined by the Re- has not paid the full amount due, gional Administrator. NMFS shall notify the IFQ scallop per- (5) Transferring IFQ—(i) Temporary mit holder by letter. NMFS shall ex- IFQ transfers. Subject to the restric- plain the discrepancy and provide the tions in paragraph (h)(5)(iii) of this sec- IFQ scallop permit holder 30 days to ei- tion, the owner of an IFQ scallop vessel ther pay the amount specified by (and/or IFQ scallop permit in confirma- NMFS or to provide evidence that the tion of permit history) not issued a amount paid was correct. If the IFQ limited access scallop permit may tem- scallop permit holder submits evidence porarily transfer (e.g., lease) its entire in support of his/her payment, NMFS IFQ allocation, or a portion of its IFQ shall determine if there is any remain- allocation, to another IFQ scallop ves- ing disagreement as to the appropriate sel. Temporary IFQ transfers shall be IFQ fee, and prepare a Final Adminis- effective only for the fishing year in

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which the temporary transfer is re- the total IFQ amount remaining on the quested and processed. IFQ can be tem- transferor’s vessel, or the entire IFQ porarily transferred more than once allocation. IFQ may be temporarily or (i.e., re-transferred). For example, if a permanently transferred to a vessel vessel temporarily transfers IFQ to a and then temporarily re-transferred vessel, the transferee vessel may re- (i.e., leased) or permanently re-trans- transfer any portion of that IFQ to an- ferred by such vessel to another vessel other vessel. There is no limit on how in the same fishing year. There is no many times IFQ can be re-transferred restriction on how many times IFQ can in a fishing year. The Regional Admin- be re-transferred. A transfer of an IFQ istrator has final approval authority may not result in the sum of the IFQs for all temporary IFQ transfer re- on the receiving vessel exceeding 2.5 quests. percent of the ACL allocated to IFQ (ii) Permanent IFQ transfers. (A) Sub- scallop vessels. A transfer of an IFQ, ject to the restrictions in paragraph whether temporary or permanent, may (h)(5)(iii) of this section, the owner of not result in the transferee having a an IFQ scallop vessel (and/or IFQ scal- total ownership of, or interest in, gen- lop permit in confirmation of permit eral category scallop allocation that history) not issued a limited access exceeds 5 percent of the ACL allocated scallop permit may transfer IFQ per- to IFQ scallop vessels. Limited access manently to or from another IFQ scal- scallop vessels that are also issued an lop vessel. Any such transfer cannot be IFQ scallop permit may not transfer to limited in duration and is permanent or receive IFQ from another IFQ scal- as to the transferee, unless the IFQ is lop vessel. subsequently permanently transferred (iv) Application for an IFQ transfer. to another IFQ scallop vessel. IFQ may The owners of vessels applying for a be permanently transferred to a vessel transfer of IFQ must submit a com- and then be re-transferred (temporarily pleted application form obtained from transferred (i.e., leased) or permanently the Regional Administrator. The appli- transferred) by such vessel to another cation must be signed by both parties vessel in the same fishing year. There (transferor and transferee) involved in is no limit on how many times IFQ can the transfer of the IFQ, and must be be re-transferred in a fishing year. submitted to the NMFS Northeast Re- (B) If a vessel owner permanently gional Office at least 30 days before the transfers the vessel’s entire IFQ to an- date on which the applicants desire to other IFQ vessel, the LAGC IFQ scallop have the IFQ effective on the receiving permit shall remain valid on the trans- vessel. The Regional Administrator feror vessel, unless the owner of the shall notify the applicants of any defi- transferor vessel cancels the IFQ scal- ciency in the application pursuant to lop permit. Such cancellation shall be this section. Applications may be sub- considered voluntary relinquishment of mitted at any time during the scallop the IFQ permit, and the vessel shall be fishing year, regardless of whether or ineligible for an IFQ scallop permit un- not the vessel has fished under its IFQ less it replaces another vessel that was in the same fishing year. Applications issued an IFQ scallop permit. The Re- for temporary transfers received less gional Administrator has final ap- than 45 days prior to the end of the proval authority for all IFQ transfer fishing year may not be processed in requests. time for a vessel to utilize the trans- (iii) IFQ transfer restrictions. The ferred IFQ, if approved, prior to the ex- owner of an IFQ scallop vessel (and/or piration of the fishing year. IFQ scallop permit in confirmation of (A) Application information require- permit history) not issued a limited ac- ments. An application to transfer IFQ cess scallop permit may transfer that must contain at least the following in- vessel’s IFQ to another IFQ scallop ves- formation: Transferor’s name, vessel sel, regardless of whether or not the name, permit number, and official vessel has fished under its IFQ in the number or state registration number; same fishing year. Requests for IFQ transferee’s name, vessel name, permit transfers cannot be less than 100 lb (46.4 number, and official number or state kg), unless that the transfer reflects registration number; total price paid

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for purchased IFQ; signatures of trans- discrepancy(ies) that resulted in denial feror and transferee; and date the form are resolved. was completed. In addition, applica- [73 FR 20123, Apr. 14, 2008, as amended at 73 tions to transfer IFQ must indicate the FR 30804, May 29, 2008; 74 FR 20555, May 4, amount, in pounds, of the IFQ alloca- 2008; 75 FR 36570, June 28, 2010; 76 FR 43763, tion transfer. Information obtained 43786, July 21, 2011; 77 FR 16946, Mar. 23, 2012; from the transfer application will be 77 FR 20739, Apr. 6, 2012; 78 FR 27100, May 9, held confidential, and will be used only 2013; 78 FR 42891, July 18, 2013; 79 FR 34260, in summarized form for management of June 16, 2014; 80 FR 22129, Apr. 21, 2015; 81 FR the fishery. If the applicants are re- 26735, May 4, 2016; 81 FR 76521, Nov. 3, 2016; 81 FR 15161, Mar. 27, 2017; 83 FR 17308, Apr. 19, questing a transfer of IFQ that has al- 2018; 84 FR 11442, Apr. 1, 2019] ready been transferred in a given fish- ing year, both parties must be up-to- EFFECTIVE DATE NOTE: At 85 FR 33029, June 1, 2020, § 648.53 was amended by suspending date with all data reporting require- paragraph (h)(2)(v)(A) and adding paragraph ments (e.g., all necessary VMS catch (h)(2)(v)(B), effective June 1, 2020 through reports, VTR, and dealer data must be Nov. 28, 2020. submitted) in order for the application to be processed. § 648.54 State waters exemption. (B) Approval of IFQ transfer applica- (a) State eligibility for exemption. (1) A tions. Unless an application to transfer state may be eligible for a state waters IFQ is denied according to paragraph exemption if it has a scallop fishery (h)(5)(iii)(C) of this section, the Re- and a scallop conservation program gional Administrator shall issue con- that does not jeopardize the biomass firmation of application approval to and fishing mortality/effort limit ob- both parties involved in the transfer jectives of the Scallop FMP. within 30 days of receipt of an applica- (2) The Regional Administrator shall tion. determine which states have a scallop (C) Denial of transfer application. The fishery and which of those states have Regional Administrator may reject an a scallop conservation program that application to transfer IFQ for any of does not jeopardize the biomass and the following reasons: The application fishing mortality/effort limit objec- is incomplete; the transferor or trans- tives of the Scallop FMP. In such case, feree does not possess a valid limited the Regional Administrator shall pub- access general category permit; the lish a rule in the FEDERAL REGISTER, in transferor’s or transferee’s vessel or accordance with the Administrative IFQ scallop permit has been sanc- Procedure Act, to provide the exemp- tioned, pursuant to a final administra- tion for such states. tive decision or settlement of an en- (3) A state that has been issued a forcement proceeding; the transfer will state waters exemption under para- result in the transferee’s vessel having graph (a)(4) of this section must imme- an allocation that exceeds 2.5 percent diately notify the Regional Adminis- of the ACL allocated to IFQ scallop trator of any changes in its scallop vessels; the transfer will result in the conservation program. The Regional transferee having a total ownership of, Administrator shall review these or interest in, a general category scal- changes and, if a determination is lop allocation that exceeds 5 percent of made that the state’s conservation pro- the ACL allocated to IFQ scallop ves- gram jeopardizes the biomass and fish- sels; or any other failure to meet the ing mortality/effort limit objectives of requirements of the regulations in 50 the FMP, or that the state no longer CFR part 648. Upon denial of an appli- has a scallop fishery, the Regional Ad- cation to transfer IFQ, the Regional ministrator shall publish a rule in the Administrator shall send a letter to FEDERAL REGISTER, in accordance with the applicants describing the reason(s) the Administrative Procedure Act, to for the rejection. The decision by the eliminate the exemption for that state. Regional Administrator is the final (4) The Regional Administrator has agency decision, and there is no oppor- determined that the State of Maine tunity to appeal the Regional Adminis- and Commonwealth of Massachusetts trator’s decision. An application that both have a scallop fishery conserva- was denied can be resubmitted if the tion program for its scallop fishery

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that does not jeopardize the biomass lop permit types this exemption would and fishing mortality/effort limit ob- apply. jectives of the Scallop FMP. A vessel (e) Notification requirements. Vessels fishing in State of Maine waters may fishing under the exemptions specified fish under the State of Maine state wa- in paragraph (b), (c) and/or (d) of this ters exemption, subject to the exemp- section must notify the Regional Ad- tions specified in paragraphs (b) and (c) ministrator in accordance with the of this section, provided the vessel is in provisions of § 648.10(f). compliance with paragraphs (e) (f) Restriction on fishing in the EEZ. A through (g) of this section. In addition, vessel fishing under a state waters ex- a vessel issued a Federal Northern Gulf emption may not fish in the EEZ dur- of Maine or Limited Access General ing the time in which it is fishing Category Individual Fishing Quota per- under the state waters exemption, as mit fishing in State of Maine or Com- declared under the notification re- monwealth of Massachusetts waters quirements of this section. may fish under their respective state (g) Duration of exemption. An exemp- waters exemption specified in para- tion expires upon a change in the ves- graph (d) of this section, provided the sel’s name or ownership, or upon notifi- vessel is in compliance with paragraphs cation through VMS by the partici- (e) through (g) of this section. pating vessel’s owner. (b) Limited access scallop vessel exemp- (h) Applicability of other provisions of tion. Any vessel issued a limited access this part. A vessel fishing under the ex- scallop permit is exempt from the DAS emptions provided by paragraph (b) requirements specified in § 648.53(b) and/or (c) of this section remains sub- while fishing exclusively landward of ject to all other requirements of this the outer boundary of the waters of a part. state that has been issued a state wa- ters exemption under paragraph (a)(4) [69 FR 35215, June 23, 2004, as amended at 71 of this section, provided the vessel FR 33227, June 8, 2006; 73 FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74 FR 37593, complies with paragraphs (f) through July 30, 2009; 78 FR 27104, May 9, 2013; 80 FR (h) of this section. 22131, Apr. 21, 2015; 80 FR 60569, Nov. 6, 2015; (c) Gear and possession limit restric- 81 FR 76524, Nov. 3, 2016; 82 FR 49299, Oct. 25, tions. Any vessel issued a limited ac- 2017] cess scallop permit, an LAGC NGOM, or an LAGC IFQ scallop permit is ex- § 648.55 Specifications and framework empt from the minimum twine top adjustments to management meas- mesh size for scallop dredge gear speci- ures. fied in § 648.51(b)(2) and (b)(4)(iv) while (a) Specifications. (1) The Scallop Plan fishing exclusively landward of the Development Team (PDT) shall meet outer boundary of the waters of the at least every two years to assess the State of Maine under the state waters status of the scallop resource and to exemption specified in paragraph (a)(4) develop and recommend the following of this section, provided the vessel is in specifications for a period of up to 2 compliance with paragraphs (d) years, as well as second or third-year through (g) of this section. default measures, for consideration by (d) NGOM closure exemption. Any ves- the New England Fishery Management sel issued a Federal scallop permit may Council’s Atlantic Sea Scallop Over- be exempt from the regulations speci- sight Committee and Advisory Panel: fied in § 648.52(b)(2) requiring that once OFL, overall ABC/ACL, sub-ACLs, sub- the NGOM Federal hard TAC is ACTs, DAS open area allocations, pos- reached, no vessel issued a scallop per- session limits, modifications to rota- mit may fish in the NGOM area. This tional area management (e.g., schedule, exemption, which a state must apply rotational closures and openings, sea- for through the process specified in sonal restrictions, modifications to paragraph (a) of this section, would boundaries, etc.), access area limited allow vessels to continue to fish for access poundage allocations and LAGC scallops within a state’s waters inside IFQ fleet-wide trip allocations, annual the NGOM. A state applying for this incidental catch target TAC, and exemption must clarify to which scal- NGOM TAC.

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(2) Based on the PDT recommenda- annual change in scallop biomass is tions and any public comments re- less than 15 percent. ceived, the Atlantic Sea Scallop Over- (7) Second and Third-year default speci- sight Committee shall recommend ap- fications. The specifications action propriate specifications to the New shall include default specifications England Fishery Management Council. that shall be effective in the second (3) The Council shall review these year after 1-year specifications and the recommendations and, after consid- third year after the 2-year specifica- ering public comments, shall rec- tions expire until replaced by the ommend appropriate specifications for measures included in the next speci- up to 2 years, as well as second or fications action. If the specifications third-year default measures, to NMFS. action is not published in the FEDERAL NMFS shall approve, disapprove, or REGISTER with an effective date on or partially approve the specifications before April 1, the following year’s de- recommended by the Council and pub- fault specifications shall be effective lish the approved specifications in the beginning April 1 of each fishing year FEDERAL REGISTER in accordance with until any new specifications action is the APA. implemented and made effective during (4) The PDT shall prepare a Stock the second or third year, or for the en- Assessment and Fishery Evaluation tire fishing year if the specifications (SAFE) Report at least every two years action is not completed or is not imple- that provides the information and mented by NMFS during the following year. The specifications action shall analysis needed to evaluate potential specify the measures necessary to ad- management adjustments. The prepa- dress inconsistencies between speci- ration of the SAFE Report shall begin fications and default allocations for on or about June 1 of the year pre- the period after April 1 but before the ceding the fishing year in which meas- specifications action is implemented ures will be adjusted. for that year. The default specifica- (5) The PDT will meet at least once tions, if implemented, shall remain in during the interim years to review the effect until they are revised through a status of the stock relative to the over- subsequent specifications action. fishing definition if information is (b) [Reserved] available to do so. If the Council deter- (c) OFL, overall ABC/ACL, sub-ACLs, mines, based on information provided and sub-ACTs. The Council shall specify by the PDT or other stock-related in- OFL, ABC, ACL, and ACT, as defined in formation, that the approved specifica- § 648.53, for each year covered under the tions should be adjusted during the 2- specifications. year time period, it can do so through (d) Yellowtail flounder and window- the same process outlined in para- pane flounder sub-ACLs. The Council graphs (a)(2) through (a)(4) of this sec- shall specify the yellowtail flounder tion during the interim year. and windowpane flounder sub-ACLs al- (6) Rotational area management guide- located to the scallop fishery through lines. The Council’s development of ro- the framework adjustment process tational area management adjustments specified in § 648.90. shall take into account at least the fol- (e) Reserved] lowing factors: General rotation policy; (f) Framework adjustments. The Coun- boundaries and distribution of rota- cil may at any time initiate a frame- tional closures; number of closures; work adjustment to add or adjust man- minimum closure size; maximum clo- agement measures within the Scallop sure extent; enforceability of rota- FMP if it finds that action is necessary tional closed and re-opened areas; mon- to meet or be consistent with the goals itoring through resource surveys; and and objectives of the FMP. The Council re-opening criteria. Rotational clo- shall develop and analyze appropriate sures should be considered where pro- management actions over the span of jected annual change in scallop bio- at least two Council meetings. To ad- mass is greater than 30 percent. Areas dress interactions between the scallop should be considered for Sea Scallop fishery and sea turtles and other pro- Rotational Areas where the projected tected species, such adjustments may

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include proactive measures including, (25) Set-asides for funding research; but not limited to, the timing of Sea (26) Priorities for scallop-related re- Scallop Access Area openings, seasonal search that is funded by research TAC closures, gear modifications, increased set-aside; observer coverage, and additional re- (27) Finfish TACs for controlled ac- search. The Council shall provide the cess areas; public with advance notice of the avail- (28) Finfish possession limits; ability of both the proposals and the (29) Sea sampling frequency; analyses, and opportunity to comment (30) Area-specific gear limits and on them prior to and at the second specifications; Council meeting. The Council’s rec- (31) Modifications to provisions asso- ommendation on adjustments or addi- ciated with observer set-asides; ob- tions to management measures may in- server coverage; observer deployment; clude specifications measures specified observer service provider; and/or the in paragraph (a) of this section, which observer certification regulations; must satisfy the criteria set forth (32) Specifications for IFQs for lim- § 648.53(a) in order to prevent over- ited access general category vessels; fishing of the available biomass of scal- (33) Revisions to the cost recovery lops and ensure that OY is achieved on program for IFQs; a continuing basis. Other measures (34) Development of general category that may be changed or implemented fishing industry sectors and fishing co- through framework action include: operatives; (1) Total allowable catch and DAS (35) Adjustments to the Northern changes; Gulf of Maine scallop fishery measures; (2) Shell height; (36) VMS requirements; (3) Offloading window reinstatement; (37) Increases or decreases in the (4) Effort monitoring; LAGC possession limit; (5) Data reporting; (38) Adjustments to aspects of ACL (6) Trip limits; management, including accountability (7) Gear restrictions; measures; (8) Permitting restrictions; (39) Adjusting EFH closed area man- (9) Crew limits; agement boundaries or other associ- (10) Small mesh line; ated measures; (11) Onboard observers; (40) Changes to the SBRM, including (12) Modifications to the overfishing the CV-based performance standard, definition; the means by which discard data are (13) VMS Demarcation Line for DAS collected/obtained, fishery stratifica- monitoring; tion, the process for prioritizing ob- (14) DAS allocations by gear type; server sea-day allocations, reports, (15) Temporary leasing of scallop and/or industry-funded observers or ob- DAS requiring full public hearings; server set-aside programs; and (16) Scallop size restrictions, except a (41) Any other management measures minimum size or weight of individual currently included in the FMP. scallop meats in the catch; (g) The Council may make rec- (17) Aquaculture enhancement meas- ommendations to the Regional Admin- ures and closures; istrator to implement measures in ac- (18) Closed areas to increase the size cordance with the procedures described of scallops caught; in this section to address gear conflict (19) Modifications to the opening as defined under § 600.10 of this chapter. dates of closed areas; In developing such recommendation, (20) Size and configuration of rota- the Council shall define gear manage- tional management areas; ment areas, each not to exceed 2,700 (21) Controlled access seasons to min- mi2 (6,993 km2), and seek industry com- imize bycatch and maximize yield; ments by referring the matter to its (22) Area-specific trip allocations; standing industry advisory committee (23) TAC specifications and seasons for gear conflict, or to any ad hoc in- following re-opening; dustry advisory committee that may (24) Limits on number of area clo- be formed. The standing industry advi- sures; sory committee or ad hoc committee

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on gear conflict shall hold public meet- to the Regional Administrator. The ings seeking comments from affected Council’s recommendation must in- fishers and develop findings and rec- clude supporting rationale and, if man- ommendations on addressing the gear agement measures are recommended, conflict. After receiving the industry an analysis of impacts and a rec- advisory committee findings and rec- ommendation to the Regional Adminis- ommendations, or at any other time, trator on whether to publish the frame- the Council shall determine whether it work adjustment as a final rule. If the is necessary to adjust or add manage- Council recommends that the frame- ment measures to address gear con- work adjustment should be published flicts and which FMPs must be modi- as a final rule, the Council must con- fied to address such conflicts. If the sider at least the following factors and Council determines that adjustments provide support and analysis for each or additional measures are necessary, factor considered: it shall develop and analyze appro- (1) Whether the availability of data priate management actions for the rel- on which the recommended manage- evant FMPs over the span of at least ment measures are based allows for two Council meetings. The Council adequate time to publish a proposed shall provide the public with advance rule, and whether regulations have to notice of the availability of the rec- be in place for an entire harvest/fishing ommendation, the appropriate jus- season; tification and economic and biological (2) Whether there has been adequate analyses, and opportunity to comment notice and opportunity for participa- on them prior to and at the second or tion by the public and members of the final Council meeting before submis- affected industry, consistent with the sion to the Regional Administrator. Administrative Procedure Act, in the The Council’s recommendation on ad- development of the Council’s rec- justments or additions to management ommended management measures; measures for gear conflicts must come (3) Whether there is an immediate from one or more of the following cat- egories: need to protect the resource or to im- (1) Monitoring of a radio channel by pose management measures to resolve fishing vessels; gear conflicts; and (2) Fixed-gear location reporting and (4) Whether there will be a con- plotting requirements; tinuing evaluation of management (3) Standards of operation when gear measures adopted following their pro- conflict occurs; mulgation as a final rule. (4) Fixed-gear marking and setting (j) If the Council’s recommendation practices; includes adjustments or additions to (5) Gear restrictions for specific areas management measures, and if, after re- (including time and area closures); viewing the Council’s recommendation (6) VMS; and supporting information: (7) Restrictions on the maximum (1) The Regional Administrator ap- number of fishing vessels or amount of proves the Council’s recommended gear; and management measures, the Secretary (8) Special permitting conditions. may, for good cause found pursuant to (h) The measures shall be evaluated the Administrative Procedure Act, and approved by the relevant commit- waive the requirement for a proposed tees with oversight authority for the rule and opportunity for public com- affected FMPs. If there is disagreement ment in the FEDERAL REGISTER. The between committees, the Council may Secretary, in doing so, shall publish return the proposed framework adjust- only the final rule. Submission of a ment to the standing or ad hoc gear recommendation by the Council for a conflict committee for further review final rule does not affect the Sec- and discussion. retary’s responsibility to comply with (i) Unless otherwise specified, after the Administrative Procedure Act; or developing a framework adjustment (2) The Regional Administrator ap- and receiving public testimony, the proves the Council’s recommendation Council shall make a recommendation and determines that the recommended

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management measures should be pub- proved and which vessels are author- lished first as a proposed rule, the ac- ized to take scallops in excess of pos- tion shall be published as a proposed session limits, or take additional trips rule in the FEDERAL REGISTER. After into Open, Access Areas, or the NGOM additional public comment, if the Re- management area. NMFS shall provide gional Administrator concurs with the authorization of such activities to spe- Council recommendation, the action cific vessels by letter of acknowledge- shall be published as a final rule in the ment, letter of authorization, or Ex- FEDERAL REGISTER; or empted Fishing Permit issued by the (3) The Regional Administrator does Regional Administrator, which must be not concur, the Council shall be noti- kept on board the vessel. fied, in writing, of the reasons for the (d) Available RSA allocation shall be non-concurrence. 1.25 million lb (567 mt) annually, which (k) Nothing in this section is meant shall be deducted from the ABC/ACL to derogate from the authority of the specified in § 648.53(a) prior to setting Secretary to take emergency action ACLs for the limited access and LAGC under section 305(c) of the Magnuson- fleets, as specified in § 648.53(a)(3) and Stevens Act. (4), respectively. Approved RSA [76 FR 43766, July 21, 2011, as amended at 77 projects shall be allocated an amount FR 20740, Apr. 6, 2012; 79 FR 34262, June 16, of scallop pounds that can be harvested 2014; 80 FR 37194, June 30, 2015; 81 FR 76524, in open areas, available access areas, Nov. 3, 2016] and the NGOM. The specific access areas that are open to RSA harvest and § 648.56 Scallop research. the amount of NGOM allocation to be (a) At least biennially, in association landed through RSA harvest shall be with the biennial framework process, specified through the framework proc- the Council and NMFS shall prepare ess as identified in § 648.59(e)(1). In a and issue an announcement of Federal year in which a framework adjustment Funding Opportunity (FFO) that iden- is under review by the Council and/or tifies research priorities for projects to NMFS, NMFS shall make RSA awards be conducted by vessels using research prior to approval of the framework, if set-aside as specified in paragraph (d) practicable, based on total scallop of this section and § 648.59(e), provides pounds needed to fund each research requirements and instructions for ap- project. Recipients may begin com- plying for funding of a proposed RSA pensation fishing in open areas prior to project, and specifies the date by which approval of the framework, or wait applications must be received. The until NMFS approval of the framework FFO shall be published as soon as pos- to begin compensation fishing within sible by NMFS and shall provide the approved access areas. opportunity for applicants to apply for (e) If all RSA TAC is not allocated in projects to be awarded for 1 or 2 years a fishing year, and proceeds from com- by allowing applicants to apply for pensation fishing for approved projects RSA funding for the first year, second fall short of funds needed to cover a year, or both. project’s budget due to a lower-than- (b) Proposals submitted in response expected scallop price, unused RSA al- to the FFO must include the following location can be provided to that year’s information, as well as any other spe- awarded projects to compensate for the cific information required within the funding shortfall, or to expand a FFO: A project summary that includes project, rather than having that RSA the project goals and objectives, the re- go unused. NMFS shall identify the lationship of the proposed research to process for the reallocation of avail- scallop research priorities and/or man- able RSA pounds as part of the FFO for agement needs, project design, partici- the RSA program. The FFO shall speci- pants other than the applicant, funding fy the conditions under which a project needs, breakdown of costs, and the ves- that has been awarded RSA could be sel(s) for which authorization is re- provided additional RSA pounds as sup- quested to conduct research activities. plemental compensation to account for (c) NOAA shall make the final deter- lower-than-expected scallop price or mination as to what proposals are ap- for expansion of the project, timing of

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reallocation, and information submis- §§ 648.57–648.58 [Reserved] sion requirements. (f) If all RSA pounds awarded to a § 648.59 Sea Scallop Rotational Area project cannot be harvested during the Management Program and Access Area Program requirements. applicable fishing year, RSA TAC awarded to that project may be har- (a) The Sea Scallop Rotational Area vested through June 30 of the fishing Management Program consists of Scal- year subsequent to the fishing year in lop Rotational Areas, as defined in which the set-aside is awarded. § 648.2. Guidelines for this area rotation program (i.e., when to close an area and (g) Vessels conducting research under reopen it to scallop fishing) are pro- an approved RSA project may be ex- vided in § 648.55(a)(6). Whether a rota- empt from crew restrictions specified tional area is open or closed to scallop in § 648.51, seasonal closures of access fishing in a given year, and the appro- areas specified in § 648.60, and the re- priate level of access by limited access striction on fishing in only one access and LAGC IFQ vessels, are specified area during a trip specified in through the specifications or frame- § 648.59(b)(4). The RSA project proposal work adjustment processes defined in must list which of these measures for § 648.55. When a rotational area is open which an exemption is required. An ex- to the scallop fishery, it is called an emption shall be provided by Letter of Access Area and scallop vessels fishing Authorization issued by the Regional in the area are subject to the Access Administrator. RSA compensation Area Program Requirements specified fishing trips and combined compensa- in this section. Areas not defined as tion and research trips are not eligible Scallop Rotational Areas specified in for these exemptions. § 648.60, Habitat Management Areas (h) Upon completion of scallop re- specified in § 648.370, or areas closed to search projects approved pursuant to scallop fishing under other FMPs, are this section and the applicable NOAA governed by other management meas- grants review process, researchers ures and restrictions in this part and must provide the Council and NMFS are referred to as Open Areas. (1) When a Scallop Rotational Area is with a report of research findings, closed to scallop fishing, a vessel which must include at least the fol- issued any scallop permit may not fish lowing: A detailed description of meth- for, possess, or land scallops in or from ods of data collection and analysis; a the area unless the vessel is transiting discussion of results and any relevant pursuant to paragraph (a)(2) of this sec- conclusions presented in a format that tion. A vessel may fish for species is understandable to a non-technical other than scallops within the rota- audience; and a detailed final account- tional closed areas, provided the vessel ing of all funds used to conduct the sea does not fish for, catch, or retain scal- scallop research. lops or intend to fish for, catch, or re- (i) If all fishing year 2019 RSA pounds tain scallops. When a Scallop Rota- awarded to a project cannot be har- tional Area is open to scallop fishing vested during the 2019 fishing year, (henceforth referred to as an Access RSA TAC awarded to that project may Area), a scallop vessel may not fish for, be harvested through August 31, 2020. possess, or land scallops in or from the area unless it is participating in, and [76 FR 43769, July 21, 2011, as amended at 77 complies with the requirements of, the FR 20740, Apr. 6, 2012; 81 FR 76525, Nov. 3, Scallop Access Area Program Require- 2016; 83 FR 12862, Mar. 26, 2018] ments defined in paragraphs (b) EFFECTIVE DATE NOTE: At 85 FR 33029, June through (g) of this section or the vessel 1, 2020, § 648.56 was amended by suspending is transiting pursuant to paragraph paragraph (f) and adding paragraph (i), effec- (a)(3) of this section. tive June 1, 2020 through Nov. 28, 2020. (2) Transiting a Closed Scallop Rota- tional Area. No vessel possessing scal- lops may enter or be in the area(s) specified in this section when those areas are closed, as specified through

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the specifications or framework adjust- tional requirements specified in § 648.60, ment processes defined in § 648.55, un- provided the vessel complies with the less the vessel is transiting the area requirements specified in paragraph (g) and the vessel’s fishing gear is stowed of this section. and not available for immediate use as (1) VMS. Each vessel participating in defined in § 648.2, or there is a compel- the Scallop Access Area Program must ling safety reason to be in such areas have installed on board an operational without such gear being stowed. A ves- VMS unit that meets the minimum sel may only transit the Closed Area II performance criteria specified in Scallop Rotational Area, as defined in §§ 648.9 and 648.10, and paragraphs (b)(9) § 648.60(d), if there is a compelling safe- and (f) of this section. ty reason for transiting the area and (2) Vessels participating in the Scal- the vessel’s fishing gear is stowed and lop Access Area Program must comply not available for immediate use as de- with the trip declaration requirements fined in § 648.2. specified in § 648.10(f) and vessel notifi- (3) Transiting a Scallop Access Area. cation requirements specified in Any sea scallop vessel that has not de- § 648.11(k) for observer deployment. clared a trip into the Scallop Area Ac- (3) Scallop Access Area Allocations—(i) cess Program may enter a Scallop Ac- Limited access vessel allocations and pos- cess Area, and possess scallops not session limits. (A) Except as provided in caught in the Scallop Access Areas, for paragraph (c) of this section, the speci- transiting purposes only, provided the fications or framework adjustment vessel’s fishing gear is stowed and not processes defined in § 648.55 determine available for immediate use as defined the total amount of scallops, in weight, in § 648.2. Any scallop vessel that has that a limited access scallop vessel declared a trip into the Scallop Area may harvest from Scallop Access Areas Access Program may not enter or be in during applicable seasons specified in another Scallop Access Area on the § 648.60. A vessel may not possess or same trip except such vessel may tran- land in excess of its scallop allocation sit another Scallop Access Area pro- assigned to specific Scallop Access vided its gear is stowed and not avail- Areas, unless authorized by the Re- able for immediate use as defined in gional Administrator, as specified in § 648.2, or there is a compelling safety paragraph (d) of this section, unless the reason to be in such areas without such vessel owner has exchanged an area- gear being stowed. A vessel may only specific scallop allocation with another transit the Closed Area II Scallop Ro- vessel owner for additional scallop al- tational Area, as defined in § 648.60(d), location in that area, as specified in if there is a compelling safety reason paragraph (b)(3)(ii) of this section. A for transiting the area and the vessel’s vessel may harvest its scallop alloca- fishing gear is stowed and not available tion on any number of trips in a given for immediate use as defined in § 648.2. fishing year, provided that no single (b) A limited access scallop vessel trip exceeds the possession limits spec- may only fish in the Scallop Rota- ified in the specifications or framework tional Areas, defined in § 648.60, when adjustment processes defined in § 648.55, the areas are open (i.e., Access Areas), unless authorized by the Regional Ad- as specified through the specifications ministrator, as specified in paragraphs or framework adjustment processes de- (c) and (d) of this section. No vessel de- fined in § 648.55, subject to any addi- clared into the Scallop Access Areas tional restrictions specified in § 648.60, may possess more than 50 bu (17.62 hL) provided the vessel complies with the of in-shell scallops outside of the Scal- requirements specified in paragraphs lop Rotational Area boundaries defined (b)(1) through (b)(9), and (c) through (f) in § 648.60. of this section. An LAGC scallop vessel (B) The following access area alloca- may fish in the Scallop Rotational tions and possession limits for limited Areas, defined in § 648.60, when the access vessels shall be effective for the areas are open (i.e., Access Areas), as 2020 and 2021 fishing years: specified through the specifications or (1) Full-time vessels. (i) For a full-time framework adjustment processes de- limited access vessel, the possession fined in § 648.55, subject to any addi- limit and allocations are:

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TABLE 1 TO PARAGRAPH (b)(3)(i)(B)(1)(i )

2021 Scallop allocation Rotational access area Scallop possession limit 2020 Scallop allocation (default)

Closed Area I Flex 1 ...... 18,000 lb (8,165 kg) per trip ...... 9,000 lb (4,082 kg) ...... 0 lb (0 kg). Closed Area II 18,000 lb (8,165 kg) ..... 0 lb (0 kg). Nantucket Lightship-North 9,000 lb (4,082 kg) ...... 0 lb (0 kg). Nantucket Lightship-South-Deep 18,000 lb (8,165 kg) ..... 0 lb (0 kg). Mid-Atlantic 36,000 lb (16,329 kg) ... 18,000 lb (8,165 kg).

Total ...... 90,000 lb (40,823 kg) ... 18,000 lb (8,165 kg). 1 Closed Area I flex allocation can be landed from either Closed Area I or the Mid-Atlantic Access Area pursuant to the area boundaries defined § 648.60(c).

(ii) For the 2019 fishing year and the fishing year as described in the § 648.60. first 60 days of the 2020 fishing year, a For example, a vessel could take a trip full-time limited access vessel may in the Closed Area I Access Area and choose to land up to 18,000 lb (8,165 kg) land 10,000 lb (4,536 kg) from that area, of its Closed Area I Access Area alloca- leaving the vessel with 8,000 lb (3,629 tion from any access area made avail- kg) of the Closed Area I flex allocation able in the 2019 fishing year as de- available, which could be landed from scribed in the § 648.60. For example, a any other available access area as de- vessel could take a trip in the Closed scribed in this section, provided the Area I Access Area and land 10,000 lb 18,000-lb (8,165-kg) possession limit is (4,536 kg) from that area, leaving the not exceeded on any one trip. vessel with 8,000 lb (3,629 kg) of the (iv) If implementation of the fishing Closed Area I flex allocation available, year 2020 specifications is delayed be- which could be landed from any other yond April 1, 2020, the start of the 2020 available access area as described in fishing year, any full-time limited ac- this section, provided the 18,000-lb cess vessel that harvests any portion of (8,165-kg) possession limit is not ex- its default 2020 Nantucket Lightship- ceeded on any one trip. West Access Area allocation, as de- (iii) For the 2019 fishing year and scribed in the § 648.60(f), will have 18,000 through August 31 of the 2020 fishing lb deducted from its fishing year 2020 year, a full-time limited access vessel Closed Area II Access Area allocation. may choose to land up to 18,000 lb (8,165 (2) Part-time vessels. (i) For a part- kg) of any unharvested 2019 Closed time limited access vessel, the posses- Area I Access Area allocation from any sion limit and allocations are as fol- access area made available in the 2019 lows:

TABLE 2 TO PARAGRAPH (b)(3)(i)(B)(2)(i )

2021 Scallop allocation Rotational access area Scallop possession limit 2020 Scallop allocation (default)

Closed Area II ...... 12,000 lb (5,443 kg) per trip ...... 12,000 lb (5,443 kg) ..... 0 lb (0 kg) Mid-Atlantic 24,000 lb (10,886 kg) ... 7,200 lb (3,266 kg)

Total ...... 36,000 lb (16,329 kg) ... 7,200 lb (3,266 kg)

(ii) For the 2019 fishing year and the leaving the vessel with 7,000 lb (3,175 first 60 days of the 2020 fishing year, a kg) of the Closed Area I flex allocation part-time limited access vessel may available, which could be landed from choose to land up to 17,000 lb (7,711 kg) any other available access area as de- of its Closed Area I Access Area alloca- scribed in this section, provided the tion from any access area made avail- possession limit is not exceeded on any able in the 2019 fishing year as de- one trip. scribed in the § 648.60(a), (c), and (f). (iii) If implementation of fishing year For example, a vessel could take a trip 2020 specifications is delayed beyond in the Closed Area I Access Area and the April 1, 2020, start of the 2020 fish- land 10,000 lb (4,536 kg) from that area, ing year, any part-time limited access

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vessel that harvests any portion of its area. In addition, these exchanges may default 2020 Nantucket Lightship-West be made only between vessels with the Access Area allocation, as described in same permit category: A full-time ves- the § 648.60(f), will have 12,000 lb (5,443 sel may not exchange allocations with kg) deducted from its fishing year 2020 a part-time vessel, and vice versa. Ves- Closed Area II Access Area allocation. sel owners must request these ex- (iv) For the 2019 fishing year and the changes by submitting a completed Ac- first through August 31 of the 2020 fish- cess Area Allocation Exchange Form at ing year, a part-time limited access least 15 days before the date on which vessel may choose to land up to 17,000 the applicant desires the exchange to lb (7,711 kg) of its fishing year 2019 be effective. Exchange forms are avail- Closed Area I Access Area allocation able from the Regional Administrator from any access area made available in upon request. Each vessel owner in- the 2019 fishing year as described in the volved in an exchange is required to § 648.60(a), (c), and (f). For example, a submit a completed Access Area Allo- vessel could take a trip in the Closed cation Form. The Regional Adminis- Area I Access Area and land 10,000 lb trator shall review the records for each (4,536 kg) from that area, leaving the vessel to confirm that each vessel has vessel with 7,000 lb (3,175 kg) of the enough unharvested allocation remain- Closed Area I flex allocation available, ing in a given access area to exchange. which could be landed from any other The exchange is not effective until the available access area as described in vessel owner(s) receive a confirmation this section, provided the possession in writing from the Regional Adminis- limit is not exceeded on any one trip. trator that the allocation exchange has (3) Occasional limited access vessels. (i) been made effective. A vessel owner For the 2020 fishing year only, an occa- may exchange equal allocations in sional limited access vessel is allocated 7,500 lb (3,402 kg) of scallops with a trip 9,000-lb (4,082-kg) increments between possession limit at 7,500 lb of scallops two or more vessels of the same permit per trip (3,402 kg per trip). Occasional category under his/her ownership. A limited access vessels may harvest the vessel owner holding a Confirmation of 7,500 lb (3,402 kg) allocation from only Permit History is not eligible to ex- the Mid-Atlantic Access Area. change allocations between another (ii) For the 2021 fishing year, occa- vessel and the vessel for which a Con- sional limited access vessels are allo- firmation of Permit History has been cated 1,500 lb (680 kg) of scallops in the issued. Mid-Atlantic Access Area only with a (2) In fishing year 2020, full-time lim- trip possession limit of 1,500 lb of scal- ited access vessels are allocated 9,000 lb lops per trip (680 kg per trip). (4,082 kg) of scallops that may be land- (ii) Limited access vessels’ one-for-one ed from either Closed Area I or the area access allocation exchanges—(A) Mid-Atlantic Access Area as described Full-time limited access vessels. (1) The in the § 648.60(c) and (a), respectively. owner of a vessel issued a full-time This flex allocation may be exchanged limited access scallop permit may ex- in full for another access area alloca- change unharvested scallop pounds al- tion, but only the flex allocation may located into one access area for an- be landed from either Closed Area I or other vessel’s unharvested scallop the Mid-Atlantic Access Area. For ex- pounds allocated into another scallop ample, if a Vessel A exchanges 9,000 lb access area. These exchanges may be (4,082 kg) of Closed Area I flex alloca- made only in 9,000-lb (4,082-kg) incre- tion for 9,000 lb (4,082 kg) of Nantucket ments. For example, a full-time vessel Lightship-North allocation with Vessel may exchange 9,000 lb (4,082 kg) from B, Vessel A would no longer be allowed one access area for 9,000 lb (4,082 kg) al- to land this allocation from the Mid- located to another full-time vessel for Atlantic Access Area and may only another access area. Further, a full- land this allocation from Nantucket time vessel may exchange 18,000 lb Lightship-North, but Vessel B could (8,165 kg) from one access area for land the flex allocation from either 18,000 lb (8,165 kg) allocated to another Closed Area I or the Mid-Atlantic Ac- full-time vessel for another access cess Area.

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(B) Part-time limited access vessels. The clared the vessel will fish during that owner of a vessel issued a part-time trip, and may not enter or exit the spe- limited access scallop permit may ex- cific declared Scallop Access Area change unharvested scallop pounds al- more than once per trip. A vessel on a located into one access area for an- Scallop Access Area trip may not enter other part-time vessel’s unharvested or be in another Scallop Access Area scallop pounds allocated into another on the same trip except such vessel scallop access area. These exchanges may transit another Scallop Access may be made only for the amount of Area as provided for under paragraph the current trip possession limit, as (a)(3) of this section. specified in paragraph (b)(3)(i)(B)(2) of (5) NE multispecies possession limits—(i) this section. For example, if the access Maximum possession limit of NE Multispe- area trip possession limit for part-time cies combined. A vessel owner or oper- limited access vessels is 12,000 lb (5,443 ator of a limited access scallop vessel kg), a part-time limited access vessel issued a valid NE multispecies permit may exchange no more or less than as specified in § 648.4(a)(1), that has de- 12,000 lb (5,443 kg), from one access area clared into a Scallop Access Area and for no more or less than 12,000 lb (5,443 fishes within the open Scallop Rota- kg) allocated to another vessel for an- tional Area boundaries defined in other access area. In addition, these ex- § 648.60, may fish for, possess, and land, changes may be made only between per trip, up to a maximum of 1,000 lb vessels with the same permit category: (453.6 kg) of all NE multispecies com- A full-time limited access vessel may bined, excluding yellowtail flounder, not exchange allocations with a part- subject to the minimum commercial time vessel, and vice versa. Vessel own- fish size restrictions specified in ers must request these exchanges by § 648.83(a)(1), and the additional restric- submitting a completed Access Area tions for Atlantic cod, haddock, and Allocation Exchange Form at least 15 yellowtail flounder specified in para- days before the date on which the ap- graphs (b)(5)(ii) through (iv) of this sec- plicant desires the exchange to be ef- tion. fective. Exchange forms are available (ii) Atlantic cod. Such vessel may from the Regional Administrator upon bring onboard and possess only up to request. Each vessel owner involved in 100 lb (45.4 kg) of Atlantic cod per trip, an exchange is required to submit a provided such fish is intended for per- completed Access Area Allocation sonal use only and cannot be not sold, Form. The Regional Administrator traded, or bartered. shall review the records for each vessel (iii) Haddock. Such vessel may pos- to confirm that each vessel has enough sess and land haddock up to the overall unharvested allocation remaining in a possession limit of all NE multispecies given access area to exchange. The ex- combined, as specified in paragraph change is not effective until the vessel (b)(5)(ii) of this section, except that owner(s) receive a confirmation in such vessel are prohibited from pos- writing from the Regional Adminis- sessing or landing haddock from Janu- trator that the allocation exchange has ary 1 through June 30. been made effective. A part-time lim- (iv) Yellowtail flounder. Such vessel is ited access vessel owner may exchange prohibited from fishing for, possessing, equal allocations up to the current pos- or landing yellowtail flounder. session limit between two or more ves- (6) Gear restrictions. (i) The minimum sels under his/her ownership. A vessel ring size for dredge gear used by a ves- owner holding a Confirmation of Per- sel fishing on a Scallop Access Area mit History is not eligible to exchange trip is 4 inches (10.2 cm) in diameter. allocations between another vessel and Dredge or trawl gear used by a vessel the vessel for which a Confirmation of fishing on a Scallop Access Area trip Permit History has been issued. must be in accordance with the restric- (4) Area fished. While on a Scallop Ac- tions specified in § 648.51(a) and (b). cess Area trip, a vessel may not fish (ii) Vessels fishing in the Closed Area for, possess, or land scallops in or from I, Closed Area II, Closed Area II Exten- areas outside the Scallop Access Area sion, and Nantucket Lightship Scallop in which the vessel operator has de- Rotational Areas defined in § 648.60 are

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prohibited from fishing with trawl gear fully utilized prior to the end of the as specified in § 648.51(f)(1). fishing year, the Regional Adminis- (7) Transiting. While outside a Sea trator shall notify owners of scallop Scallop Access Area (i.e., in open areas) vessels that, effective on a specified on a Scallop Access Area trip, the ves- date, the increase in the possession sel must have all fishing gear stowed limit is no longer available to offset and not available for immediate use as the cost of observers. Unless otherwise defined in § 648.2, unless there is a com- notified by the Regional Adminis- pelling safety reason to be transiting trator, vessel owners shall be respon- open areas without gear stowed. Regu- sible for paying the cost of the ob- lations pertaining to transiting Scallop server, regardless of whether the vessel Rotational Areas are provided for lands or sells sea scallops on that trip, under paragraph (a)(3) of this section. and regardless of the availability of (8) Off-loading restrictions. The vessel set-aside for an increased possession may not offload its catch from a Scal- limit. If a vessel does not land its addi- lop Access Area trip at more than one tional allowance on the trip while car- location per trip. rying an observer, the additional allow- (9) Reporting. The owner or operator ance will be added to the vessel’s IFQ must submit scallop catch reports allocation or the vessel’s allocation for through the VMS, as specified in the Scallop Rotational Area that was § 648.10(f)(4)(i), and limited access scal- fished. The vessel may land the re- lop access area pre-landing notification mainder of its allowance on a subse- forms, as specified in § 648.10(f)(4)(iii). quent trip. However, the vessel may (c) Scallop Access Area scallop alloca- not exceed the IFQ or Scallop Rota- tion carryover. With the exception of tional Area trip possession limit, as de- vessels that held a Confirmation of scribed in § 648.52(a) or § 648.59(b), re- Permit History as described in spectively, unless it is actively car- § 648.4(a)(2)(i)(J) for the entire fishing rying an observer. year preceding the carry-over year, a (e) Sea Scallop Research Set-Aside Har- limited access scallop vessel operator vest in Scallop Access Areas. Unless oth- may fish any unharvested Scallop Ac- erwise specified, RSA may be harvested cess Area allocation from a given fish- in any access area that is open in a ing year within the first 60 days of the given fishing year, as specified through subsequent fishing year if the Scallop a specifications action or framework Access Area is open, unless otherwise adjustment and pursuant to § 648.56. specified in this section. However, the The amount of scallops that can be vessel may not exceed the Scallop Ro- harvested in each access area by ves- tational Area trip possession limit. For sels participating in approved RSA example, if a full-time vessel has 7,000 projects shall be determined through lb (3,175 kg) remaining in the Mid-At- the RSA application review and ap- lantic Access Area at the end of fishing proval process. The access areas open year 2019, that vessel may harvest for RSA harvest for fishing years 2020 those 7,000 lb (3,175 kg) during the first and 2021 are: 60 days that the Mid-Atlantic Access (1) 2020: Mid-Atlantic Access Area. Area is open in fishing year 2020 (April (2) 2021: No access areas. 1, 2020 through May 30, 2020). (f) VMS polling. For the duration of (d) Possession limit to defray the cost of the Sea Scallop Area Access Program, observers. The Regional Administrator as defined in this section, all sea scal- may increase the sea scallop possession lop vessels equipped with a VMS unit limit through the specifications or shall be polled at a minimum of twice framework adjustment processes de- per hour, regardless of whether the ves- fined in § 648.55 to defray costs of at-sea sel is enrolled in the Sea Scallop Area observers deployed on area access trips Access Program. Vessel owners shall be subject to the limits specified responsible for paying the costs of poll- § 648.53(g). An owner of a scallop vessel ing twice per hour. shall be notified of the increase in the (g) Limited Access General Category possession limit through a permit hold- vessels. (1) An LAGC scallop vessel may er letter issued by the Regional Admin- only fish in the scallop rotational areas istrator. If the observer set-aside is specified in § 648.60 or in paragraph

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(g)(3)(iv) of this section, subject to any ject to the possession limit specified in additional restrictions specified in § 648.52(a), unless the Regional Admin- § 648.60, subject to the possession limit istrator has issued a notice that the and access area schedule specified in number of LAGC IFQ access area trips the specifications or framework adjust- have been or are projected to be taken. ment processes defined in § 648.55, pro- All LAGC IFQ access area trips must vided the vessel complies with the re- be taken in the fishing year that they quirements specified in paragraphs are allocated (i.e., there are no carry- (b)(1), (b)(2), (b)(6) through (9), (d), (e), over trips). The total number of LAGC (f), and (g) of this section. A vessel IFQ trips in an Access Area is specified issued both a NE multispecies permit in the specifications or framework ad- and an LAGC scallop permit may fish justment processes defined in § 648.55. in an approved SAP under § 648.85 and (ii) Scallops landed by each LAGC under multispecies DAS in the Closed IFQ vessel on an access area trip shall Area I, Closed Area II, Closed Area II count against the vessel’s IFQ. Extension, and Nantucket Lightship (iii) Upon a determination from the Scallop Rotational Areas specified in Regional Administrator that the total § 648.60, when open, provided the vessel number of LAGC IFQ trips in a speci- complies with the requirements speci- fied Access Area have been or are pro- fied in § 648.59 and this paragraph (g), jected to be taken, the Regional Ad- but may not fish for, possess, or land ministrator shall publish notification scallops on such trips. (2) Limited Access General Category of this determination in the FEDERAL Gear restrictions. An LAGC IFQ scallop REGISTER, in accordance with the Ad- vessel authorized to fish in the Scallop ministrative Procedure Act. Once this Rotational Areas specified in § 648.60 determination has been made, an that lay east of 72°30′ W. lat. must fish LAGC IFQ scallop vessel may not fish with dredge gear only. The combined for, possess, or land scallops in or from dredge width in use by, or in possession the specified Access Area after the ef- on board of, an LAGC scallop vessel fective date of the notification pub- fishing in these areas may not exceed lished in the FEDERAL REGISTER. 10.5 ft (3.2 m). The combined dredge (iv) Allocation of Scallop Access Area width in use by, or in possession on Trips. Unless otherwise specified by the board of, an LAGC scallop vessel fish- Council through the framework adjust- ing in the remaining Scallop Rota- ment or specifications process defined tional Areas defined in § 648.60 may not in § 648.55, the LAGC IFQ access area exceed 31 ft (9.4 m). Dredge width is trip allocations, specified in paragraph measured at the widest point in the (v) of this section, shall be set at 5.5 bail of the dredge. percent of the total expected access (3) LAGC IFQ Access Area trips. (i) An area harvest for each year. LAGC scallop vessel authorized to fish (v) LAGC IFQ access area allocations. in the Scallop Rotational Areas speci- The following LAGC IFQ access area fied in § 648.60 or in paragraph (g)(3)(iv) trip allocations will be effective for the of this section may land scallops, sub- 2020 and 2021 fishing years:

TABLE 3 TO PARAGRAPH (g)(3)(v)

Scallop access area 2020 20211

Closed Area I ...... 571 0 Nantucket Lightship-North ...... 571 0 Nantucket Lightship-South-Deep ...... 571 0 Mid-Atlantic ...... 1,142 571

Total ...... 2,855 571 1 The LAGC IFQ access area trip allocations for the 2021 fishing year are subject to change through a future specifications ac- tion or framework adjustment.

(4) Possession limits—(i)Scallops. (A) A that is fishing in an approved SAP vessel issued a NE multispecies permit under § 648.85 under multispecies DAS, and a general category scallop permit and that has not declared into the

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Scallop Access Area Program, is pro- Scallop Rotational Area trip possession hibited from possessing scallops. limit. (B) An LAGC scallop vessel author- ized to fish in the Scallop Rotational [81 FR 76525, Nov. 3, 2016, as amended at 82 FR 15162, Mar. 27, 2017; 83 FR 15263, Apr. 9, Areas specified in § 648.60 may possess 2018; 83 FR 17309, Apr. 19, 2018; 84 FR 11443, scallops up to the possession limit Apr. 1, 2019; 85 FR 7442, Feb. 7, 2020; 85 FR specified in § 648.52(a), unless otherwise 17762, Mar. 31, 2020] authorized pursuant to paragraph (d) of this section. EFFECTIVE DATE NOTE: At 85 FR 33029, June 1, 2020, § 648.59 was amended by suspending (ii) Other species. Unless issued an paragraphs (b)(3)(i)(B)(1)(ii), (b)(3)(i)(B)(2)(ii), LAGC scallop permit and fishing under and (c), by revising paragraph an approved NE multispecies SAP (b)(3)(i)(B)(1)(iii), and adding paragraphs under NE multispecies DAS, an LAGC (b)(3)(i)(B)(2)(iv), and (h), effective June 1, IFQ vessel fishing in the Closed Area I, 2020 through Nov. 28, 2020. Closed Area II, Closed Area II Exten- sion, and Nantucket Lightship Rota- § 648.60 Sea Scallop Rotational Areas. tional Areas specified in § 648.60, and (a) Mid-Atlantic Scallop Rotational the Nantucket Lightship North Sea Area. The Mid-Atlantic Scallop Rota- Scallop Access Area specified in para- tional Area is defined by straight lines graph (g)(3)(iv) of this section is pro- connecting the following points in the hibited from possessing any species of order stated (copies of a chart depict- fish other than scallops and monkfish, ing this area are available from the Re- as specified in § 648.94(c)(8)(i). Such a gional Administrator upon request): vessel may fish in an approved SAP under § 648.85 and under multispecies TABLE 1 TO PARAGRAPH (a) DAS in the scallop access area, pro- vided that it has not declared into the Point N latitude W longitude Scallop Access Area Program. Such a MAA1 ...... 39°30′ 73°10′ vessel is prohibited from fishing for, MAA2 ...... 39°30′ 72°30′ possessing, or landing scallops. MAA3 ...... 38°30′ 73°30’ (h) Fishing year 2019 Scallop Access MAA4 ...... 38°10′ 73°30’ ° ′ ° ′ Area scallop allocation carryover. For MAA5 ...... 38 10 74 20 MAA6 ...... 38°50′ 74°20′ fishing year 2019 Access Area scallop MAA7 ...... 38°50′ 73°42′ allocation carryover, with the excep- MAA1 ...... 39°30′ 73°10′ tion of vessels that held a Confirma- tion of Permit History as described in (b) Closed Area II—Southwest and Ex- § 648.4(a)(2)(i)(J) for the entire fishing tension Scallop Rotational Area. The year preceding the carry-over year, a Closed Area II-Southwest and Exten- limited access scallop vessel operator sion Scallop Rotational Area is defined may fish any unharvested Scallop Ac- by straight lines connecting the fol- cess Area allocation from fishing year lowing points in the order stated (cop- 2019 through August 31, 2020, unless ies of a chart depicting this area are otherwise specified in this section. available from the Regional Adminis- However, the vessel may not exceed the trator upon request):

TABLE 2 TO PARAGRAPH (b)

Point N latitude W longitude Note

CAIISWE1 ...... 41°11′ 67°20′ CAIISWE2 ...... 41°11′ 66°41′ CAIISWE3 ...... 41°0′ 66°41′ CAIISWE4 ...... 41°0′ (1) (2) CAIISWE5 ...... 40°40′ (3) (2) CAIISWE6 ...... 40°40′ 67°20′ CAIISWE1 ...... 41°11′ 67°20′ 1 The intersection of 41°0′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°0′ N lat. and 66°09.33′ W long. 2 From Point CAIISWE 4 connected to Point CAIISWE5 along the U.S.-Canada Maritime Boundary. 3 The intersection of 40°40′ N lat. and the U.S.-Canada Maritime Boundary, approximately 40°40′ N lat. and 65°52.61′ W long.

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(c) Closed Area I Scallop Rotational TABLE 3 TO PARAGRAPH (c)—Continued Area. The Closed Area I Scallop Rota- tional Area is defined by straight lines Point N latitude W longitude connecting the following points in the CAIA1 ...... 41°30′ 68°30′ order stated (copies of a chart depict- ing this area are available from the Re- (d) Closed Area II Scallop Rotational gional Administrator upon request): Area—(1) Closed Area II Scallop Rota- tional boundaries. The Closed Area II TABLE 3 TO PARAGRAPH (c) Scallop Rotational Area is defined by Point N latitude W longitude straight lines, except where noted, con- necting the following points in the CAIA1 ...... 41°30′ 68°30′ CAIA2 ...... 40°58′ 68°30′ order stated (copies of a chart depict- CAIA3 ...... 40°54.95′ 68°53.37′ ing this area are available from the Re- CAIA4 ...... 41°04′ 69°01′ CAIA5 ...... 41°30′ 69°23′ gional Administrator upon request):

TABLE 4 TO PARAGRAPH (d)(1)

Point N latitude W longitude Note

CAIIA1 ...... 41°30′ 67°20′ CAIIA2 ...... 41°11′ 67°20′ CAIIA3 ...... 41°11′ 66°41′ CAIIA4 ...... 41°00′ 66°41′ CAIIA5 ...... 41°00′ (1) (2) CAIIA6 ...... 41°30′ (3) (2) CAIIA1 ...... 41°30′ 67°20′ 1 The intersection of 41°00′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°00′ N lat. and 66°09.33′ W long. 2 From Point CAIIA5 connected to Point CAIIA6 along the U.S.-Canada Maritime Boundary. 3 The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long.

(2) Season. (i) A vessel issued a scal- TABLE 5 TO PARAGRAPH (e) lop permit may not fish for, possess, or land scallops in or from the area Point N latitude W longitude known as the Closed Area II Sea Scal- NLSSD1 ...... 40°22′ 69°30′ lop Rotational Area, defined in para- NLSSD2 ...... 40°15′ 69°30′ ° ′ ° ′ graph (d)(1) of this section, during the NLSSD3 ...... 40 15 69 00 NLSSD4 ...... 40°28′ 69°00′ period of August 15 through November NLSSD5 ...... 40°28′ 69°17′ 15 of each year the Closed Area II Ac- NLSSD1 ...... 40°22′ 69°30′ cess Area is open to scallop vessels, un- less transiting pursuant to § 648.59(a). (f) Nantucket Lightship West Scallop (ii) For the 2020 scallop fishing year, Rotational Area. From April 1, 2020 a vessel issued a scallop permit may through May 30, 2020, the Nantucket not fish for, possess, or land scallops in Lightship West Scallop Rotational or from the area known as the Closed Area is defined by straight lines con- necting the following points in the Area II Sea Scallop Rotational Area, order stated (copies of a chart depict- defined in paragraph (d)(1) of this sec- ing this area are available from the Re- tion, during the period of November 16 gional Administrator upon request): through November 30, unless transiting pursuant to § 648.59(a). TABLE 6 TO PARAGRAPH (f) (e) Nantucket Lightship-South-Deep Scallop Rotational Area. The Nantucket Point N latitude W longitude Lightship South-Deep Rotational Area NLSW1 ...... 40°20′ 70°00′ is defined by straight lines connecting NLSW2 ...... 40°43.44′ 70°00′ the following points in the order stated NLSW3 ...... 40°43.44′ 69°30′ NLSW4 ...... 40°20′ 69°30′ (copies of a chart depicting this area NLSW1 ...... 40°20′ 70°00′ are available from the Regional Ad- ministrator upon request): (g) Nantucket Lightship-North Scallop Rotational Area. The Nantucket Lightship North Scallop Rotational

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Area is defined by straight lines con- and within the boundaries of the Gulf necting the following points in the of Maine Scallop Dredge Exemption order stated (copies of a chart depict- Area as specified in § 648.80(h)(3)(i). To ing this area are available from the Re- fish for or possess scallops in the gional Administrator upon request): NGOM scallop management area, a ves- sel must have been issued a scallop per- TABLE 7 TO PARAGRAPH (g) mit as specified in § 648.4(a)(2). Point N latitude W longitude (1) If a vessel has been issued a NGOM scallop permit, the vessel is re- NLSN1 ...... 40°50′ 69°30′ stricted to fishing for or possessing NLSN2 ...... 40°50′ 69°00′ NLSN3 ...... 40°28′ 69°00′ scallops only in the NGOM scallop NLSN4 ...... 40°28′ 69°30′ management area. NLSN1 ...... 40°50′ 69°30′ (2) Scallop landings by vessels issued NGOM permits shall be deducted from (h) Nantucket Lightship-Triangle Scal- the LAGC portion of the NGOM scallop lop Rotational Area. The Nantucket total allowable catch when vessels Lightship Triangle Scallop Rotational fished all or part of a trip in the Fed- Area is defined by straight lines con- eral waters portion of the NGOM. If a necting the following points in the vessel with a NGOM scallop permit order stated (copies of a chart depict- fishes exclusively in state waters with- ing this area are available from the Re- in the NGOM, scallop landings from gional Administrator upon request): those trips will not be deducted from TABLE 8 TO PARAGRAPH (h) the Federal NGOM quota. (3) Scallop landings by all vessels Point N latitude W longitude issued LAGC IFQ scallop permits and NLST1 ...... 40°28′ 69°30′ fishing in the NGOM scallop manage- NLST2 ...... 40°28′ 69°17′ ment area shall be deducted from the NLST3 ...... 40°22′ 69°30′ LAGC portion of the NGOM scallop ° ′ ° ′ NLST1 ...... 40 28 69 30 total allowable catch specified in the (i) Nantucket Lightship West Scallop specifications or framework adjust- Rotational Area. The Nantucket ment processes defined in § 648.55. Scal- Lightship West Scallop Rotational lop landings by LAGC IFQ scallop ves- Area is defined by straight lines con- sels fishing in the NGOM scallop man- necting the following points in the agement area shall be deducted from order stated (copies of a chart depict- their respective scallop IFQs. Landings ing this area are available from the Re- by incidental catch scallop vessels gional Administrator upon request): shall not be deducted from the NGOM total allowable catch specified in para- TABLE 9 TO PARAGRAPH (i) graph (b) of this section. (4) A vessel issued a NGOM or LAGC Point N latitude W longitude IFQ scallop permit that fishes in the NLSW1 ...... 40°20′ 70°00′ NGOM may fish for, possess, or retain NLSW2 ...... 40°43.44′ 70°00′ up to 200 lb (90.7 kg) of shucked or 25 bu NLSW3 ...... 40°43.44′ 69°30′ NLSW4 ...... 40°20′ 69°30′ (8.81 hL) of in-shell scallops, and may NLSW1 ...... 40°20′ 70°00′ possess up to 50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarca- [85 FR 17764, Mar. 31, 2020] tion Line. A vessel issued an incidental catch general category scallop permit EFFECTIVE DATE NOTE: At 85 FR 33030, June that fishes in the NGOM may fish for, 1, 2020, § 648.60 was amended by suspending paragraph (f) and adding paragraph (i), effec- possess, or retain only up to 40 lb of tive June 1, 2020 through Nov. 28, 2020. shucked or 5 U.S. bu (1.76 hL) of in- shell scallops, and may possess up to 10 § 648.61 [Reserved] bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation Line. § 648.62 Northern Gulf of Maine (5) Scallop landings by all vessels (NGOM) Management Program. issued scallop permits and fishing in (a) The NGOM scallop management the NGOM under the scallop RSA pro- area is the area north of 42°20′ N lat. gram (as specified in § 648.56) shall be

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deducted from the limited access por- ple through an NGOM resource survey tion of the NGOM scallop total allow- and assessment. The ABC/ACL as de- able catch. fined in § 648.53(a) shall not include the (b) Total allowable catch. The total al- total allowable catch for the NGOM lowable catch for the NGOM scallop scallop management area, and landings management area shall be specified from the NGOM scallop management through the framework adjustment area shall not be counted against the process. The total allowable catch for ABC/ACL defined in § 648.53(a). The the NGOM scallop management area total allowable catch shall be divided shall be based on the Federal portion of between the limited access and the the scallop resource in the NGOM. The LAGC fleets. total allowable catch shall be deter- (1) The LAGC and the limited access mined by historical landings until ad- portions of the annual hard TAC for ditional information on the NGOM the NGOM 2020 and 2021 fishing years scallop resource is available, for exam- are as follows:

TABLE 1 TO PARAGRAPH (b)(1)

2020 2021 Fleet (default) lb kg lb kg

LAGC ...... 206,282 93,567 167,500 75,977 Limited access ...... 140,000 63,503 97,500 44,225

Total ...... 346,282 157,071 265,000 120,202

(2) Unless a vessel has fished for scal- ters is not subject to the closure of the lops outside of the NGOM scallop man- NGOM scallop management area. agement area and is transiting the (3) If either the LAGC or the limited NGOM scallop management area with access portion of the annual NGOM all fishing gear stowed and not avail- TAC is exceeded, the amount of NGOM able for immediate use as defined in scallop landings in excess of the por- § 648.2, no vessel issued an LAGC or tion of the TAC specified in paragraph limited access scallop permit pursuant (b)(1) of this section shall be deducted to § 648.4(a)(2) may possess, retain, or from the respective portion(s) of the land scallops in the NGOM scallop NGOM TAC which has been exceeded management area once the Regional for the subsequent fishing year, as soon Administrator has provided notifica- as practicable, once scallop landings data for the NGOM management area tion in the FEDERAL REGISTER that the is available. vessel’s respective portion(s) of the (c) VMS requirements. Except scallop NGOM scallop total allowable catch in vessels issued a limited access scallop accordance with paragraph (b)(1) of permit pursuant to § 648.4(a)(2)(i) that this section has been reached, unless have declared a NGOM trip under the the vessel is participating in the scal- scallop RSA program, a vessel issued a lop RSA program as specified in scallop permit pursuant to § 648.4(a)(2) § 648.56, has been allocated NGOM RSA that intends to fish for scallops in the pounds, and the limited access portion NGOM scallop management area or of the NGOM TAC has not been fishes for, possesses, or lands scallops reached. Once the NGOM hard TAC is in or from the NGOM scallop manage- reached, a vessel issued a NGOM per- ment area, must declare a NGOM scal- mit may no longer declare a state-only lop management area trip and report NGOM scallop trip and fish for scallops scallop catch through the vessel’s VMS exclusively in state waters within the unit, as required in § 648.10. If the vessel NGOM, unless participating in the has a NGOM or IFQ permit, the vessel state waters exemption program as must declare either a Federal NGOM specified in § 648.54. A vessel that has trip or a state-waters NGOM trip. If a not been issued a Federal scallop per- vessel intends to fish any part of a mit that fishes exclusively in state wa- NGOM trip in Federal NGOM waters, it

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may not declare into the state water fied at § 648.55, in accordance with the NGOM fishery. conditions and restrictions of this sec- (d) Gear restrictions. Except scallop tion. vessels issued a limited access scallop (2) Upon receipt of a Sector alloca- permit pursuant to § 648.4(a)(2)(i) that tion proposal, the Council must decide have properly declared a NGOM trip whether to initiate such framework. under the scallop RSA program, the Should a framework adjustment to au- combined dredge width in use by, or in thorize a Sector allocation be initi- possession on board, LAGC scallop ves- ated, the Council shall follow the sels fishing in the NGOM scallop man- framework adjustment provisions of agement area may not exceed 10.5 ft § 648.55. Any framework adjustment de- (3.2 m), measured at the widest point in veloped to implement a Sector alloca- the bail of the dredge. tion proposal must be in compliance (e) Stellwagen Bank Scallop Closed with the general requirements speci- Area. (1) From April 1, 2020 through fied in paragraphs (b) and (c) of this March 31, 2022, unless a vessel has section. Vessels that do not join a Sec- fished for scallops outside of the tor remain subject to the LAGC scallop Stellwagen Bank scallop management vessel regulations for non-Sector ves- area and is transiting the area with all sels specified under this part. fishing gear stowed and not available for immediate use as defined in § 648.2, (b) General requirements applicable to no vessel issued a Federal scallop per- all Sector allocations. All Sectors ap- mit pursuant to § 648.4(a)(2) may pos- proved under the provisions of para- sess, retain, or land scallops in the graph (a) of this section must submit Stellwagen Bank Scallop Closed Area. the documents specified under para- (2) From April 1, 2020 through March graphs (a)(1) and (c) of this section, and 31, 2022, the Stellwagen Bank Scallop comply with the conditions and restric- Closed Area is defined by straight lines tions of this paragraph (b). connecting the following points in the (1) Participation. (i) Only LAGC scal- order stated (copies of a chart depict- lop vessels are eligible to form Sectors, ing this area are available from the Re- and Sectors may choose which eligible gional Administrator upon request): permit holders to include or exclude in the sector, consistent with all applica- TABLE 2 TO PARAGRAPH (e)(2) ble law. A Sector may establish addi- tional criteria for determining its Point N latitude W longitude membership, provided such criteria are SB1 ...... 42°26′ 70°27′ specified in the Sector’s operations SB2 ...... 42°26′ 70°15′ plan and are consistent with all appli- SB3 ...... 42°20′ 70°15′ SB4 ...... 42°20′ 70°27′ cable law. Any interested group that SB1 ...... 42°26′ 70°27′ meets the eligibility criteria may sub- mit a proposal for a Sector. To initiate [73 FR 20131, Apr. 14, 2008, as amended at 75 the process of Sector creation, a group FR 36576, June 28, 2010; 76 FR 43770, 43797, (two or more) of permit holders must July 21, 2011; 77 FR 20741, Apr. 6, 2012; 78 FR agree to cooperate and submit a bind- 27108, May 9, 2013; 79 FR 52580, Sept. 4, 2014; ing plan for management of that Sec- 81 FR 26786, May 4, 2016; 81 FR 76529, Nov. 3, tor’s allocation of total allowable 2016; 82 FR 15163, Mar. 27, 2017; 83 FR 12862, Mar. 26, 2018; 84 FR 11445, Apr. 1, 2019; 85 FR catch. Vessels that do not choose to 2324, Jan. 15, 2020; 85 FR 17766, Mar. 31, 2020] participate in a sector will fish under the IFQ program and remain in the § 648.63 General category Sectors and non-sector scallop fishery. harvesting cooperatives. (ii) Participation by incidental catch (a) Procedure for implementing Sector or NGOM scallop vessels in the Sector allocation proposals. (1) Any person may is subject to approval by the Council as submit a Sector allocation proposal for part of the action that implements the a group of LAGC scallop vessels to the Sector allocation, provided the details Council, at least 1 year in advance of of such participation are specified in the start of the proposed sector, and re- the Sector’s operations plan. A Sector quest that the Sector be implemented allocation may be harvested by non- through a framework procedure speci- Sector members, provided the Sector

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operations plan specifies that the Sec- exiting vessel had when it joined the tor may authorize non-Sector vessels Sector. to harvest the Sector allocation. In (viii) A vessel may not be a member this case, if the Sector is approved, the of more than one Sector. Once a vessel landings history of the participating enters into a Sector, it cannot fish dur- non-Sector vessels may not be used in ing that fishing year under the regula- the calculation of future Sector shares tions that apply to the common pool. and may not be used as scallop catch Additionally, vessels cannot shift from history for such vessels. The operations one Sector to another during a single plan must specify how such partici- fishing year. Therefore, if a vessel pating non-Sector shall be subject to leaves a Sector for any reason, it can- the rules of the Sector. not participate in the general category (iii) Once a vessel operator and/or scallop fishery during the remainder of vessel owner signs a binding contract that fishing year to have his/her vessel participate in a (2) Allocation of TAC to Sectors. (i) The Sector, that vessel must remain in the sector allocation shall be equal to a Sector for the remainder of the fishing percentage share of the ACL allocation year. for IFQ scallop vessels specified in (iv) Vessels that fish in the LAGC § 648.53(a), similar to an IFQ scallop scallop fishery outside the Sector allo- vessel’s IFQ as specified in § 648.53(h). cation in a given fishing year may not The sector’s percentage share of the participate in a Sector during that IFQ scallop fishery ACL catch shall not same fishing year, unless the Oper- change, but the amount of allocation ations Plan provides an acceptable based on the percentage share will method for accounting for IFQ used, or change based on the ACL specified in catch by the vessel, prior to implemen- § 648.53(a). tation of the Sector. (ii) Sector share determination. When a Sector proposal is submitted, NMFS (v) Once a vessel operator and/or ves- shall verify the contribution percent- sel owner has agreed to participate in a age as specified in § 648.53(h)(2)(iii) for Sector as specified in paragraph each vessel listed as a Sector member. (b)(1)(iii) of this section, that vessel The Sector’s share shall be the sum of must remain in the Sector for the en- the participating vessels’ contribution tire fishing year. If a permit is trans- percentages. ferred by a Sector participant during (iii) A sector shall not be allocated the fishing year, the new owner must more than 20 percent of the ACL for also comply with the Sector regula- IFQ vessels defined in § 648.53(a)(4). tions for the remainder of the fishing (3) Once a Sector’s allocation is pro- year. jected to be harvested, Sector oper- (vi) Vessels and vessel operators and/ ations will be terminated for the re- or vessel owners removed from a Sector mainder of the fishing year. for violation of the Sector rules will (4) If a Sector’s allocation is exceeded not be eligible to fish under the scallop in a given fishing year, the Sector, regulations for non-Sector vessels spec- each vessel, and vessel operator and/or ified under this part either for any pe- vessel owner participating in the Sec- riod specified in the final decision of tor may be charged jointly and sever- penalty or sanction. ally for civil penalties and permit sanc- (vii) If a pre-existing Sector accepts a tion pursuant to 15 CFR part 904. If a new member, the percentage share Sector exceeds its allocation in more brought to the Sector is based on that than one fishing year, the Sector’s au- vessel’s average qualification landings thorization to operate may be with- at the time it joins the Sector (i.e., the drawn. vessel is treated as a ‘‘Sector of one’’ (5) A vessel operator and/or vessel and a share based on the appropriate owner participating in a Sector is not adjusted TACs is calculated). This new subject to the limit on the vessel’s single-vessel-Sector share is added to catch based on the vessel’s own IFQ or the existing Sector. If a vessel leaves a contribution percentage as defined in Sector, that Sector’s share is reduced § 648.53(h)(2)(iii), provided the vessel is by the individual vessel share the participating in the Sector and carries

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on board a Letter of Authorization to sure that Sector landings do not exceed participate in the Sector and exempts the Sector allocation. At the end of the the vessel from its IFQ limit and any fishing year, NMFS shall evaluate other related measures. The Sector landings using VMS and any other shall determine how the Sector’s allo- available information to determine cation will be divided between its par- whether a Sector has exceeded any of ticipating vessels, regardless of wheth- its allocations based on the list of par- er the catch by a participating vessel ticipating vessels submitted in the op- exceeds that vessel’s own IFQ. erations plan. If a Sector exceeds its (6) Each vessel operator and/or vessel TAC, the Sector may have its author- owner fishing under an approved Sector ization as a Sector withdrawn by the must comply with all scallop manage- Regional Administrator, after con- ment measures of this part and other sultation with the Council, and may be applicable law, unless exempted under subject to enforcement action. a Letter of Authorization, as specified (9) Permanent or temporary transfers in paragraph (b)(11) of this section. Each vessel and vessel operator and/or of allocation between Sectors or be- vessel owner participating in a Sector tween Sector and non-Sector partici- must also comply with all applicable pants is prohibited. For purposes of requirements and conditions of the Op- harvesting a Sector allocation only, erations Plan specified in paragraph (c) vessels under contract to a Sector are of this section and the Letter of Au- assumed to be part of that Sector for thorization issued pursuant to para- the duration of that contract. graph (b)(11) of this section. It shall be (10) The Sector allocation proposal unlawful to violate any such conditions must contain an appropriate analysis and requirements and each Sector, ves- that assesses the impact of the pro- sel, and vessel operator and/or vessel posed Sector, in compliance with the owner participating in the Sector may National Environmental Policy Act. be charged jointly and severally for (11) If a Sector is approved as speci- civil penalties and permit sanctions fied in paragraph (d)(3) of this section, pursuant to 15 CFR part 904. the Regional Administrator shall issue (7) Approved Sectors must submit an a Letter of Authorization to each ves- annual year-end report to NMFS and sel operator and/or owner for the par- the Council, within 60 days of the end ticipating Sector vessel. The Letter of of the fishing year, that summarizes Authorization shall authorize partici- the fishing activities of its members, pation in the Sector operations and including harvest levels of all federally may exempt the participating vessel managed species by Sector vessels, en- from the requirement that the vessel forcement actions, and other relevant cannot exceed its own IFQ and related information required to evaluate the measures. The Letter of Authorization performance of the Sector. may include requirements and condi- (8) It shall be the responsibility of tions deemed necessary to ensure effec- each Sector to track its activity and tive administration of and compliance internally enforce any provisions with the Sector’s operations plan and adopted through procedures established the Sector’s allocation. in the operations plan and agreed to through the Sector contract. Sector (c) Operations plans. (1) A group that contracts should describe graduated wants to form a Sector and receive an sanctions, including grounds for expul- allocation must submit a legally bind- sion of Sector member vessels. The ing operations plan to the Council and Sector and participating Sector vessels the Regional Administrator. The oper- shall be subject to NMFS enforcement ations plan must be agreed upon and action for violations of the regulations signed by all members of the Sector pertaining to Sectors and other regula- and, if approved, shall constitute a con- tions under 50 CFR part 648. Vessels op- tract. erating within a Sector are responsible (2) The operations plan among all of for judgments against the Sector. Sec- the Sector members must have, at a tor operations plans shall specify how a minimum, the following components: Sector will monitor its landings to as- (i) A list of all participants;

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(ii) A contract signed by all partici- shall be addressed between the Sector pants indicating their agreement to and NMFS, although the New England abide by the operations plan; Fishery Management Council may re- (iii) An entity name, address, phone view and provide comment on the pro- number, and the name and contact in- posed details. formation for a Sector representative (2) The Regional Administrator may (a manager or director) that NMFS can withdraw approval of a Sector at any contact regarding Sector management time if he/she, in consultation with the issues; New England Fishery Management (iv) A plan explaining how the Sector Council, determines that Sector par- will harvest its allocation, including ticipants are not complying with the methods to inform NMFS of changes in requirements of an approved operations those arrangements over the year; plan or that the continuation of the op- (v) The original distribution of catch erations plan will undermine achieve- history of vessels in the Sector (main- ment of fishing mortality objectives of taining vessel data confidentiality); the FMP. Withdrawal of approval of a (vi) A plan detailing how the Sector Sector shall be completed after notice will avoid exceeding its allocated and comment rulemaking, pursuant to TACs, including provisions for moni- the Administrative Procedure Act. toring and enforcement of the Sector (3) A Sector is required to resubmit regulations, and documenting all land- its operations plan to the Regional Ad- ings and discards; ministrator no later than July 1 of (vii) Rules for entry to and exit from each year, whether or not the plan has the Sector, including sanctions and changed. Once the submission docu- procedures for removing members who ments specified under paragraphs (a)(1) do not comply with the operations and (c)(2) of this section have been de- plan; termined to comply with the require- (viii) Procedure for notifying NMFS ments of this section, NMFS may con- if a member is no longer part of the sult with the Council and shall approve Sector and the reason for leaving; or disapprove Sector operations con- (ix) The process through which the sistent with applicable law. operations plan can be amended by Sector members; [73 FR 20131, Apr. 14, 2008, as amended at 77 (x) If the Sector plans to authorize FR 20741, Apr. 6, 2012; 81 FR 76530, Nov. 3, non-Sector vessels to harvest scallops 2016] allocated to the Sector, details of such arrangements must be described in the § 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery. operations plan; (xi) Any documents and analyses nec- (a) As specified in § 648.55(d), and pur- essary to comply with the National En- suant to the biennial framework ad- vironmental Protection Act must be justment process specified in § 648.90, submitted to NMFS. The development the scallop fishery shall be allocated a of the analytical document is the re- sub-ACL for the Georges Bank and sponsibility of the applicants. Southern New England/Mid-Atlantic (xii) Any other information deter- stocks of yellowtail flounder and the mined to be necessary and appropriate. northern and southern stocks of win- (d) Sector review, approval, and revoca- dowpane flounder. The sub-ACLs for tion. (1) A Sector shall submit its oper- the yellowtail flounder stocks and the ations plan and any NEPA documents windowpane flounder stocks are speci- to the Regional Administrator and the fied in § 648.90(a)(4)(iii)(C) and (E) of the Council no less than 1 year prior to the NE multispecies regulations, respec- date that it wishes to begin operations tively. under the Sector. The Council shall (b) Accountability Measure Areas—(1) consider this plan in the course of the Georges Bank Accountability Measure periodic framework adjustment or Area. The Georges Bank Accountability specification process and may, if ap- Measure Area is defined by straight proved, implement it through either of lines, except where noted, connecting those processes. After Council approval the following points in the order stated of a Sector, the details of its operation (copies of a chart depicting this area

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are available from the Regional Ad- (d) Georges Bank Yellowtail Flounder ministrator upon request): Accountability measure. (1) Unless other- wise specified in § 648.90(a)(5)(iv) of the Point N latitude W longitude Note NE multispecies regulations, if the GBAM1 .. 41°30′ 67°20′ Georges Bank yellowtail flounder sub- GBAM2 .. 41°30′ (1) (2) ACL for the scallop fishery is exceeded GBAM3 .. 40°30′ (3) (2) and an accountability measure is trig- GBAM4 .. 40°30′ 67°20′ gered as described in § 648.90(a)(5)(iv), GBAM1 .. 41°30′ 67°20′ the Georges Bank Accountability 1 The intersection of 41°30′ N lat. and the U.S.-Canada Measure Area, described in paragraph Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long. (b)(1) of this section, shall be consid- 2 From Point GBAM2 connected to Point GBAM3 along the ered the Georges Bank Yellowtail U.S.-Canada Maritime Boundary. Flounder Gear Restricted Area. Scallop 3 The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W long. vessels fishing in that area for the pe- riod of time specified in paragraph (2) Mid-Atlantic Accountability Meas- (d)(2) of this section must comply with ure Area. The Mid-Atlantic Account- the gear restrictions specified in para- ability Measure Areas is defined as the graph (c) of this section. ° area west of 71 W Long., outside of the (2) Duration of gear restricted area. The Sea Scallop Access Areas. Georges Bank Yellowtail Flounder (c) Gear restriction. When subject to Gear Restricted Area shall remain in an accountability measure gear re- effect for the period of time based on stricted area as described in para- the corresponding percent overage of graphs (d) through (g) of this section, a the Georges Bank yellowtail flounder vessel must fish with scallop dredge sub-ACL, as follows: gear that conforms to the following re- strictions: Duration of gear Percent overage of sub-ACL restriction (1) No more than 5 rows of rings shall be used in the apron of the dredge. The 20 or less ...... November 15 through De- apron is on the top side of the dredge, cember 31. Greater than 20 ...... April through March (year extends the full width of the dredge, round). and is the rows of dredge rings that ex- tend from the back edge of the twine (e) SNE/MA yellowtail flounder ac- top (i.e., farthest from the dredge countability measure. (1) Unless other- frame) to the clubstick; and wise specified in § 648.90(a)(5)(iv) of the (2) The maximum hanging ratio for a NE multispecies regulations, if the net, net material, or any other mate- SNE/MA yellowtail flounder sub-ACL rial on the top of a scallop dredge for the scallop fishery is exceeded and (twine top) possessed or used by vessels an accountability measure is triggered fishing with scallop dredge gear does as described in § 648.90(a)(5)(iv), the not exceed 1.5 meshes per 1 ring over- Mid-Atlantic Accountability Measure all. This means that the twine top is Area, described in paragraph (b)(2) of attached to the rings in a pattern of al- this section, shall be considered the ternating 2 meshes per ring and 1 mesh SNE/MA Yellowtail Flounder Gear Re- per ring (counted at the bottom where stricted Area. Scallop vessels partici- the twine top connects to the apron), pating in the DAS, or LAGC IFQ scal- for an overall average of 1.5 meshes per lop fishery for the period of time speci- ring for the entire width of the twine fied in paragraph (e)(2) of this section top. For example, an apron that is 40 must comply with the gear restrictions rings wide subtracting 5 rings one each specified in paragraph (c) of this sec- side of the side pieces, yielding 30 tion when fishing in open areas. This rings, would only be able to use a twine accountability measure does not apply top with 45 or fewer meshes so that the to scallop vessels fishing in Sea Scallop overall ratio of meshes to rings did not Access Areas. exceed 1.5 (45 meshes/30 rings = 1.5). (2) Duration of gear restricted area. The (3) Vessels may not fish for scallops SNE/MA Yellowtail Flounder Gear Re- with trawl gear when the gear re- stricted Area shall remain in effect for stricted area accountability measure is the period of time based on the cor- in effect. responding percent overage of the SNE/

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MA yellowtail flounder sub-ACL, as to scallop vessels fishing in Sea Scallop follows: Access Areas. (2) Duration of gear restricted area. The Duration of gear Percent overage of sub-ACL restriction SNE/MA Windowpane Flounder Gear Restricted Area shall remain in effect 20 or less ...... April. for the period of time based on the cor- Greater than 20 ...... April through May. responding percent overage of the SNE/ (f) Northern windowpane flounder ac- MA windowpane flounder sub-ACL, as countability measure. (1) Unless other- follows: wise specified in § 648.90(a)(5)(iv) of the Duration of gear NE multispecies regulations, if the Percent overage of sub-ACL restriction Northern windowpane flounder sub- 20 or less ...... February. ACL for the scallop fishery is exceeded Greater than 20 ...... March and February. and an accountability measure is trig- gered as described in § 648.90(a)(5)(iv), (h) Process for implementing the AM— the Georges Bank Accountability (1) If there is reliable information to make Measure Area, described in (b)(1) of a mid-year determination, that a floun- this section, shall be considered the der stock sub-ACL was exceeded, or is Northern Windowpane Flounder Gear projected to be exceeded, the Regional Restricted Area. Scallop vessels fishing Administrator shall determine, on or in that area for the period of time spec- about January 15 of each year whether ified in paragraph (f)(2) of this section an accountability measure should be must comply with the gear restrictions triggered as described in specified in paragraph (c) of this sec- § 648.90(a)(5)(iv). The determination tion. shall include the amount of the over- (2) Duration of gear restricted area. The age or projected amount of the over- Northern Windowpane Flounder Gear age, specified as a percentage of the Restricted Area shall remain in effect overall sub-ACL for the specific floun- for the period of time based on the cor- der stock. Based on this determination, responding percent overage of the the Regional Administrator shall im- Georges Bank yellowtail flounder sub- plement the AM in the following fish- ACL, as follows: ing year in accordance with the APA and attempt to notify owners of lim- Duration of gear Percent overage of sub-ACL restriction ited access and LAGC scallop vessels by letter identifying the length of the 20 or less ...... November 15 through De- gear restricted area and a summary of cember 31. Greater than 20 ...... April through March (year the catch, overage, and projection that round). resulted in the gear restricted area. (2) If reliable information is not avail- (g) Southern windowpane account- able to make a mid-year determination, ability measure. (1) Unless otherwise after the end of the scallop fishing year specified in § 648.90(a)(5)(iv) of the NE the Regional Administrator shall de- multispecies regulations, if the south- termine whether the flounder stock ern windowpane flounder sub-ACL for sub-ACL was exceeded and if an ac- the scallop fishery is exceeded and an countability measure was triggered as accountability measure is triggered as described in § 648.90(a)(5)(iv). The deter- described in § 648.90(a)(5)(iv), the Mid- mination shall include the amount of Atlantic Accountability Measure Area, the overage, specified as a percentage described in paragraph (b)(2) of this of the overall sub-ACL for the specific section, shall be considered the South- flounder stock. Based on this deter- ern Windowpane Flounder Gear Re- mination, the Regional Administrator stricted Area. Scallop vessels partici- shall implement the AM in accordance pating in the DAS, or LAGC IFQ scal- with the APA in Year 3 (e.g., an ac- lop fishery for the period of time speci- countability measure would be imple- fied in paragraph (g)(2) of this section mented in fishing year 2016 for an over- must comply with the gear restrictions age that occurred in fishing year 2014) specified in paragraph (c) of this sec- and attempt to notify owners of lim- tion when fishing in open areas. This ited access and LAGC scallop vessels accountability measure does not apply by letter identifying the length of the

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gear restricted area and a summary of occur to ascertain if prior year ACLs the flounder stock catch and overage have been exceeded, but may be con- information. ducted in conjunction with such re- views. [83 FR 17311, Apr. 19, 2018] [76 FR 60622, Sept. 29, 2011] § 648.65 [Reserved] § 648.71 Surfclam and ocean quahog Subpart E—Management Meas- Annual Catch Targets (ACT). ures for the Atlantic Surf Clam (a) The MAFMC staff shall identify and Ocean Quahog Fish- and review the relevant sources of eries management uncertainty to rec- ommend ACTs to the MAFMC as part § 648.70 Surfclam and ocean quahog of the surfclam and ocean quahog spec- Annual Catch Limit (ACL). ification process. The MAFMC staff (a) The MAFMC staff shall rec- recommendations shall identify the ommend to the MAFMC ACLs for the specific sources of management uncer- surfclam and ocean quahog fisheries, tainty that were considered, technical which shall be equal to the ABCs rec- approaches to mitigating these sources ommended by the SSC. of uncertainty, and any additional rel- (1) Sectors. The surfclam and ocean evant information considered in the quahog ACLs will be established con- ACT recommendation process. sistent with the guidelines contained (1) Sectors. The surfclam ACT and the in the Atlantic Surfclam and Ocean sum of the Maine and non-Maine ocean Quahog FMP. The ACL for ocean qua- quahog ACTs shall be less than or hog will then be allocated to the Maine equal to the ACL for the corresponding and non-Maine components of the fish- stock. The MAFMC staff shall rec- ery according to the allocation guide- ommend any reduction in catch nec- lines of the Atlantic Surfclam and essary to address management uncer- Ocean Quahog FMP as specified in tainty, consistent with paragraph (a) of § 648.78(b). this section. (2) Periodicity. The surfclam and (2) Periodicity. ACTs may be estab- ocean quahog ACLs may be established lished on an annual basis for up to 3 on an annual basis for up to 3 years at years at a time, dependent on whether a time, dependent on whether the SSC the SSC provides single or multiple provides single or multiple year ABC year ABC recommendations. recommendations. (b) Performance review. The MAFMC staff shall conduct a detailed review of (b) Performance review. The MAFMC staff shall conduct a detailed review of fishery performance relative to ACTs the fishery performance relative to the in conjunction with any ACL perform- ACLs at least every 5 years. ance review, as outlined in § 648.70(b)(1) through (3). (1) If the surfclam or the ocean qua- hog ACL is exceeded with a frequency [76 FR 60622, Sept. 29, 2011] greater than 25 percent (i.e., more than once in 4 years or any 2 consecutive § 648.72 Surfclam and ocean quahog years), the MAFMC staff will review specifications. fishery performance information and (a) Establishing catch quotas. The make recommendations to the MAFMC amount of surfclams or ocean quahogs for changes in measures intended to en- that may be caught annually by fishing sure the ACL is not exceeded as fre- vessels subject to these regulations quently. will be specified for up to a 3-year pe- (2) The MAFMC may specify more riod by the Regional Administrator. frequent or more specific ACL perform- Specifications of the annual quotas ance review criteria as part of a stock will be accomplished in the final year rebuilding plan following a determina- of the quota period, unless the quotas tion that a stock has become over- are modified in the interim pursuant to fished. paragraph (b) of this section. (3) Performance reviews shall not (1) Quota reports. On an annual basis, substitute for annual reviews that MAFMC staff will produce and provide

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to the MAFMC an Atlantic surfclam (b) Interim quota modifications. Based and ocean quahog annual quota rec- upon information presented in the ommendation paper based on the ABC quota reports described in paragraph recommendation of the SSC, the latest (a)(1) of this section, the MAFMC may available stock assessment report pre- recommend to the Regional Adminis- pared by NMFS, data reported by har- trator a modification to the annual vesters and processors, and other rel- quotas that have been specified for a 3- evant data, as well as the information year period and any estimate of DAH contained in paragraphs (a)(1)(i) or DAP made in conjunction with such through (vi) of this section. Based on specifications within the ranges speci- that report, and at least once prior to fied in paragraph (a)(1) of this section. August 15 of the year in which a multi- Based upon the MAFMC’s recommenda- year annual quota specification ex- tion, the Regional Administrator may pires, the MAFMC, following an oppor- propose surfclam and or ocean quahog tunity for public comment, will rec- quotas that differ from the annual ommend to the Regional Administrator quotas specified for the current 3-year annual quotas and estimates of DAH period. Such modification shall be in and DAP for up to a 3-year period. In effect for a period of up to 3 years, un- selecting the annual quotas, the less further modified. Any interim MAFMC shall consider the current modification shall follow the same pro- stock assessments, catch reports, and cedures for establishing the annual other relevant information concerning: quotas that are specified for up to a 3- (i) Exploitable and spawning biomass year period. relative to the quotas. (c) Annual quotas. The annual quotas (ii) Fishing mortality rates relative for surfclams and ocean quahogs will to the quotas. remain effective unless revised pursu- (iii) Magnitude of incoming recruit- ant to this section. At the end of a ment. multiyear quota period, NMFS will (iv) Projected effort and cor- issue notification in the FEDERAL REG- responding catches. ISTER if the previous year’s specifica- (v) Geographical distribution of the tions will not be changed. catch relative to the geographical dis- tribution of the resource. [76 FR 60622, Sept. 29, 2011, as amended at 81 (vi) Status of areas previously closed FR 38972, June 15, 2016] to surfclam fishing that are to be opened during the year and areas likely § 648.73 Surfclam and ocean quahog to be closed to fishing during the year. Accountability Measures. (2) Public review. Based on the rec- (a) Commercial ITQ fishery. (1) If the ommendation of the MAFMC, the Re- ACL for surfclam or ocean quahog is gional Administrator shall publish pro- exceeded, and the overage can be at- posed surfclam and ocean quahog tributed to one or more ITQ allocation quotas in the FEDERAL REGISTER. The holders, the full amount of the overage Regional Administrator shall consider will be deducted from the appropriate public comments received, determine ITQ allocation in the following fishing the appropriate annual quotas, and year. publish the annual quotas in the FED- (2) Any amount of an ACL overage ERAL REGISTER. The quota shall be set that cannot be otherwise attributed to at that amount that is most consistent an ITQ allocation holder will be de- with the objectives of the Atlantic ducted from the appropriate ACL in Surfclam and Ocean Quahog FMP. The the following fishing year. Regional Administrator may set (b) Maine mahogany quahog fishery. If quotas at quantities different from the the ocean quahog ACL is exceeded, and MAFMC’s recommendations only if he/ the Maine mahogany quahog fishery is she can demonstrate that the responsible for the overage, than the MAFMC’s recommendations violate Maine fishery ACT shall be reduced in the national standards of the Magnu- the following year by an amount equal son-Stevens Act or the objectives of to the ACL overage. the Atlantic Surfclam and Ocean Qua- hog FMP or other applicable law. [76 FR 60623, Sept. 29, 2011]

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§ 648.74 Individual Transferable Quota will notify the applicant of any defi- (ITQ) Program. ciency in the application. (a) Annual individual allocations. Each (B) Renewal applications. Applications fishing year, the Regional Adminis- to renew a surfclam or ocean quahog ITQ permit must be received by No- trator shall determine the initial an- vember 1 to be processed in time for nual allocation of surfclams and ocean permits to be issued by December 15, as quahogs for the next fishing year for specified in paragraph (a)(1)(iii) of this each ITQ permit holder holding ITQ section. Renewal applications received quota share pursuant to the require- after this date may not be approved, ments of this section. For each species, and a new permit may not be issued be- the initial allocation for the next fish- fore the start of the next fishing year. ing year is calculated by multiplying An ITQ permit holder must renew his/ the quota share percentage held by her ITQ permit(s) on an annual basis each ITQ permit holder as of the last by submitting an application and an day of the previous fishing year in ownership form for such permit prior which quota shareholders are per- to the end of the fishing year for which mitted to permanently transfer quota the permit is required. Failure to share percentage pursuant to para- renew a surfclam or ocean quahog ITQ graph (b) of this section (i.e., October 15 permit in any fishing year will result of every year), by the quota specified in any surfclam or ocean quahog ITQ by the Regional Administrator pursu- quota share held by that ITQ permit ant to § 648.72. The total number of holder to be considered abandoned and bushels of annual allocation shall be relinquished as specified in paragraph divided by 32 to determine the appro- (a)(1)(ix) of this section. priate number of cage tags to be issued (C) Lenders Holding ITQ Quota Share or acquired under § 648.77. Amounts of as Collateral. A bank or other lender annual allocation of 0.5 cages or small- that holds ITQ quota share as collat- er created by this division shall be eral on a loan may be allowed to pro- rounded downward to the nearest vide less detailed information on the whole number, and amounts of annual ITQ ownership form under the fol- allocation greater than 0.5 cages cre- lowing conditions. ated by this division shall be rounded (1) The lender certifies that the ITQ upward to the nearest whole number, quota share is held solely as collateral so that annual allocations are specified on a loan and the lender does not exert in whole cages. any control over the use of the annual (1) Surfclam and ocean quahog ITQ allocation of cage tags. permits. Surfclam and ocean quahog (2) The lender identifies the bor- ITQ allocations shall be issued in the rower, and the borrower maintains a form of annual ITQ permits. The ITQ valid ITQ permit including all required permit shall specify the quota share ownership information. percentage held by the ITQ permit (3) The lender may only transfer holder and the annual allocation in quota share or cage tags to the identi- cages and cage tags for each species. fied borrower. The borrower could then (i) Eligibility. In order to be eligible to transfer the quota share or cage tags to hold a surfclam or ocean quahog ITQ another party, if desired. permit, an individual must be eligible (iii) Issuance. Except as provided in to own a documented vessel under the subpart D of 15 CFR part 904, and pro- terms of 46 U.S.C. 12103(b). vided an application for such permit is (ii) Application—(A) General. Appli- submitted by November 1, as specified cants for a surfclam or ocean quahog in paragraph (a)(1)(ii)(B) of this sec- ITQ permit under this section must tion, NMFS shall issue annual ITQ per- submit a completed ITQ permit appli- mits on or before December 15, to allow cation and a completed ITQ ownership allocation owners to purchase cage form on the appropriate forms obtained tags from a vendor specified by the Re- from NMFS. The ITQ permit applica- gional Administrator pursuant to tion and ITQ ownership form must be § 648.77(b). filled out completely and signed by the (iv) Duration. An ITQ permit is valid applicant. The Regional Administrator through December 31 of each fishing

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year unless it is suspended, modified, sult in the ITQ permit and any associ- or revoked pursuant to 15 CFR part 904, ated ITQ quota share being perma- or revised due to a transfer of all or nently forfeit. part of the ITQ quota share or cage tag (2) [Reserved] allocation under paragraph (b) of this (b) Transfers—(1) Quota share percent- section. age. Subject to the approval of the Re- (v) Alteration. An ITQ permit that is gional Administrator, part or all of a altered, erased, or mutilated is invalid. quota share percentage may be trans- (vi) Replacement. The Regional Ad- ferred in the year in which the transfer ministrator may issue a replacement is made, to any person or entity with a permit upon written application of the valid ITQ permit under paragraph (a) of annual ITQ permit holder. this section. Approval of a transfer by (vii) Transfer. The annual ITQ permit the Regional Administrator and for a is valid only for the person to whom it new ITQ permit reflecting that transfer is issued. All or part of the ITQ quota may be requested by submitting a writ- share or the cage tag allocation speci- ten application for approval of the fied in the ITQ permit may be trans- transfer and for issuance of a new ITQ ferred in accordance with paragraph (b) permit to the Regional Administrator of this section. at least 10 days before the date on (viii) Fee. The Regional Adminis- which the applicant desires the trans- trator may, after publication of a fee fer to be effective, in the form of a notification in the FEDERAL REGISTER, completed transfer form supplied by charge a permit fee before issuance of the Regional Administrator. The trans- the permit to recover administrative fer is not effective until the new holder expenses. Failure to pay the fee will receives a new or revised ITQ permit preclude issuance of the permit. from the Regional Administrator re- (ix) Abandonment or voluntary relin- flecting the new quota share percent- quishment. Any ITQ permit that is vol- age. An application for transfer may untarily relinquished to the Regional not be made between October 15 and Administrator, or deemed to have been December 31 of each year. voluntarily relinquished for failure to renew in accordance with paragraph (2) Cage tags. Cage tags issued pursu- (a)(1)(ii) of this section, shall not be re- ant to § 648.77 may be transferred at issued or renewed in a subsequent year, any time, and in any amount subject to except as specified in paragraph the restrictions and procedure specified (a)(1)(x) of this section. in paragraph (b)(1) of this section; pro- (x) Transitional grace period. A vided that application for such cage surfclam or ocean quahog quota share tag transfers may be made at any time holder who does not submit a complete before December 10 of each year. The application for an ITQ permit before transfer is effective upon the receipt by the end of the 2016 fishing year, may be the transferee of written authorization granted a grace period of up to one from the Regional Administrator. year to complete the initial applica- (3) Denial of ITQ transfer application. tion process, and be issued an ITQ per- The Regional Administrator may re- mit, before the quota share is consid- ject an application to transfer surfclam ered permanently relinquished. If an or ocean quahog ITQ quota share or individual is issued a 2016 ITQ permit, cage tags for the following reasons: but fails to renew that ITQ permit be- The application is incomplete; the fore the end of the 2017 fishing year, transferor or transferee does not pos- the Regional Administrator may allow sess a valid surfclam or ocean quahog a grace period until no later than July ITQ permit for the appropriate species; 1, 2018, to complete the renewal process the transfer is not allowed under para- and retain the permit. A permit holder graph (a)(1)(ii)(C)(3) of this section; the may not be issued cage tags or transfer transferor’s or transferee’s surfclam or quota share until a valid ITQ permit is ocean quahog ITQ permit has been issued. Failure to complete the ITQ sanctioned pursuant to an enforcement permit application or renewal process, proceeding under 15 CFR part 904; or and be issued a valid ITQ permit before any other failure to meet the require- the end of such a grace period would re- ments of this subpart. Upon denial of

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an application to transfer ITQ alloca- (A) ‘‘DPC,’’ or direct program costs, tion, the Regional Administrator shall are the actual incremental costs for send a letter to the applicant describ- the previous fiscal year directly re- ing the reason(s) for the denial. The de- lated to the management, data collec- cision by the Regional Administrator tion, and enforcement of the ITQ pro- is the final decision of the Department gram. ‘‘Actual incremental costs’’ of Commerce; there is no opportunity mean those costs that would not have for an administrative appeal. been incurred but for the existence of (c) ITQ cost recovery—(1) General. The the ITQ program. If the amount of fees cost recovery program collects fees of collected by NMFS is greater or lesser up to three percent of the ex-vessel than the actual incremental costs in- value of surfclams or ocean quahogs curred, the DPC will be adjusted ac- harvested under the ITQ program in ac- cordingly for calculation of the fee per- cordance with the Magnuson-Stevens centage in the following year. Act. NMFS collects these fees to re- (B) ‘‘V’’ is the total ex-vessel value cover the actual costs directly related to the management, data collection, from the previous calendar year attrib- and enforcement of the surfclam and utable to the ITQ fishery. ocean quahog ITQ program. (ii) Calculating per-tag fee. To facili- (2) Fee responsibility. If you are an tate fee collection, NMFS will convert ITQ permit holder who holds ITQ quota the annual fee percentages into per-tag share and receives an annual allocation fees for both the surfclam and ocean pursuant to paragraph (a) of this sec- quahog ITQ fisheries. NMFS will use tion, you shall incur a cost recovery the following equation to determine fee, based on all landings of surfclams each per-tag fee: Per-Tag Fee = (Fee or ocean quahogs authorized under Percentage × V)/T, where: your initial annual allocation of cage (A) ‘‘T’’ is the number of cage tags tags. You are responsible for paying used, pursuant to § 648.77, to land shell- the fee assessed by NMFS, even if the fish in the ITQ fishery in the previous landings are made by another ITQ per- calendar year. mit holder (i.e., if you transfer cage (B) ‘‘Fee percentage’’ and ‘‘V’’ are de- tags to another individual who subse- fined in paragraph (c)(3)(i) of this sec- quently uses those tags to land clams). tion. If you permanently transfer your quota (C) The per-tag fee is rounded down share, you are still responsible for any so that it is expressed in whole cents. fee that results from your initial an- (iii) Publication. During the first nual allocation of cage tags even if the quarter of each calendar year, NMFS landings are made after the quota will announce the fee percentage and share is permanently transferred. per-tag fee for the surfclam and ocean (3) Fee basis. NMFS will establish the quahog ITQ fisheries, and publish this fee percentages and corresponding per- information on the Regional Office tag fees for both the surfclam and Web site ocean quahog ITQ fisheries each year. (www.greateratlantic.fisheries.noaa.gov). The fee percentages cannot exceed three percent of the ex-vessel value of (4) Calculating individual fees. If you surfclams and ocean quahogs harvested are responsible for a cost recovery fee under the ITQ fisheries pursuant to under paragraph (c)(2) of this section, section 304(d)(2)(B) of the Magnuson- the fee amount is the number of ITQ Stevens Act. cage tags you were initially allocated (i) Calculating fee percentage. In the at the start of the fishing year that first quarter of each calendar year, were subsequently used to land shell- NMFS will calculate the fee percent- fish multiplied by the relevant per-tag ages for both the surfclam and ocean fee, as described in paragraph (c)(3)(ii) quahog ITQ fisheries based on informa- of this section. If no tags from your tion from the previous year. NMFS will initial allocation are used to land use the following equation to annually clams you will not incur a fee. determine the fee percentages: Fee per- (5) Fee payment and collection. NMFS centage = the lower of 3 percent or will send you a bill each year for any (DPC/V) × 100, where: applicable ITQ cost recovery fee.

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(i) Payment due date. You must sub- advisory only. The recommendation mit payment within 30 days of the date must be based solely on the record. of the bill. Upon receiving the findings and rec- (ii) Payment method. You may pay ommendation, the Regional Adminis- your bill electronically using a credit trator, acting on behalf of the Sec- card or direct Automated Clearing retary of Commerce, will issue a writ- House withdrawal from a designated ten decision on your appeal which is checking account through the Federal the final decision of the Department of web portal, www.pay.gov, or another Commerce. internet site designated by the Re- (B) Final decision if you do not appeal. gional Administrator. Instructions for If you do not appeal the IAD within 30 electronic payment will be included calendar days, NMFS will notify you with your bill and are available on the via a final decision letter. The final de- payment Web site. Alternatively, pay- cision will be from the Regional Ad- ment by check may be authorized by ministrator and is the final decision of the Regional Administrator if he/she the Department of Commerce. determines that electronic payment is (C) If the final decision determines that not practicable. you are out of compliance. (1) The Re- (6) Payment compliance. If you do not gional Administrator may, at any time submit full payment by the due date, thereafter, disapprove any application NMFS will notify you in writing via an to transfer quota share or cage tags initial administrative determination under § 648.74(b), and prohibit issuance (IAD) letter. of the surfclam or ocean quahog ITQ (i) IAD. In the IAD, NMFS will: permit for subsequent years, until the (A) Describe the past-due fee; outstanding balance is paid in full. (B) Describe any applicable interest (2) The final decision will require full charges that may apply; payment within 30 calendar days. (C) Provide you 30 days to either pay (3) If full payment is not received the specified amount or submit an ap- within 30 calendar days of issuance of peal; and the final decision, NMFS may refer the (D) Include instructions for submit- matter to the appropriate authorities ting an appeal. for the purposes of collection or en- (ii) Appeals. If you wish to appeal the forcement. IAD, your appeal must: (7) Annual report. NMFS will publish (A) Be in writing; annually a report on the status of the (B) Allege credible facts or cir- ITQ cost recovery program. The report cumstances; will provide details of the costs in- (C) Include any relevant information curred by NMFS for the management, or documentation to support your ap- data collection, and enforcement of the peal; and surfclam and ocean quahog ITQ pro- (D) Be received by NMFS no later gram, and other relevant information than 30 calendar days after the date on at the discretion of the Regional Ad- the IAD. If the last day of the time pe- ministrator. riod is a Saturday, Sunday, or Federal [80 FR 42751, July 20, 2015, as amended at 81 holiday, the time period will extend to FR 38973, June 15, 2016 the close of the business on the next business day. Your appeal must be § 648.75 Shucking at sea and minimum mailed or hand delivered to the address surfclam size. specified in the IAD. (a) Shucking at sea—(1) Observers. (i) (iii) Final decision—(A) Final decision The Regional Administrator may allow on your appeal. If you appeal an IAD, the shucking of surfclams or ocean the Regional Administrator shall ap- quahogs at sea if he/she determines point an appeals officer. After deter- that an observer carried aboard the mining there is sufficient information vessel can measure accurately the and that all procedural requirements total amount of surfclams and ocean have been met, the appeals officer will quahogs harvested in the shell prior to review the record and issue a rec- shucking. ommendation on your appeal to the (ii) Any vessel owner may apply in Regional Administrator, which shall be writing to the Regional Administrator

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to shuck surfclams or ocean quahogs at vessel from the same trip are deemed sea. The application shall specify: to be in violation of the minimum size Name and address of the applicant; per- restriction. mit number of the vessel; method of (3) Suspension. Upon the rec- calculating the amount of surfclams or ommendation of the MAFMC, the Re- ocean quahogs harvested in the shell; gional Administrator may suspend an- vessel dimensions and accommoda- nually, by publication in the FEDERAL tions; and length of fishing trip. REGISTER, the minimum shell-length (iii) The Regional Administrator standard, unless discard, catch, and shall provide an observer to any vessel survey data indicate that 30 percent of owner whose application is approved. the surfclams are smaller than 4.75 The owner shall pay all reasonable ex- inches (12.065 cm) and the overall re- penses of carrying the observer on duced shell length is not attributable board the vessel. to beds where the growth of individual (iv) Any observer shall certify at the surfclams has been reduced because of end of each trip the amount of density dependent factors. surfclams or ocean quahogs harvested (4) Measurement. Length is measured in the shell by the vessel. Such certifi- at the longest dimension of the cation shall be made by the observer’s surfclam shell. signature on the daily fishing log re- [76 FR 60623, Sept. 29, 2011, as amended at 81 quired by § 648.7. FR 38974, June 15, 2016] (2) Conversion factor. (i) Based on the recommendation of the MAFMC, the § 648.76 Closed areas. Regional Administrator may allow (a) Areas closed because of environ- shucking at sea of surfclams or ocean mental degradation. Certain areas are quahogs, with or without an observer, closed to all surfclam and ocean qua- if he/she determines a conversion fac- hog fishing because of adverse environ- tor for shucked meats to calculate ac- mental conditions. These areas will re- curately the amount of surfclams or main closed until the Regional Admin- ocean quahogs harvested in the shell. istrator determines that the adverse (ii) The Regional Administrator shall environmental conditions no longer publish notification in the FEDERAL exist. If additional areas are identified REGISTER specifying a conversion fac- by the Regional Administrator as being tor, together with the data used in its contaminated by the introduction or calculation, for a 30-day comment pe- presence of hazardous materials or pol- riod. After consideration of the public lutants, they may be closed by the Re- comments and any other relevant data, gional Administrator in accordance the Regional Administrator may pub- with paragraph (c) of this section. The lish final notification in the FEDERAL areas closed are: REGISTER specifying the conversion (1) Boston Foul Ground. The waste dis- factor. posal site known as the ‘‘Boston Foul (iii) If the Regional Administrator Ground’’ and located at 42°25′36″ N. lat., makes the determination specified in 70°35′00″ W. long., with a radius of 1 nm paragraph (a)(2)(i) of this section, he/ (1.852 km) in every direction from that she may authorize the vessel owner to point. shuck surfclams or ocean quahogs at (2) New York Bight. The polluted area sea. Such authorization shall be in and waste disposal site known as the writing and be carried aboard the ves- ‘‘New York Bight’’ and located at sel. 40°25′04″ N. lat., 73°42′38″ W. long., and (b) Minimum surfclam size—(1) Min- with a radius of 6 nm (9.66 km) in every imum length. The minimum length for direction from that point, extending surfclams is 4.75 inches (12.065 cm). further northwestward, westward and (2) Determination of compliance. No southwestward between a line from a more than 50 surfclams in any cage point on the arc at 40°31′00″ N. lat., may be less than 4.75 inches (12.065 cm) 73°43′38″ W. long., directly northward in length. If more than 50 surfclams in toward Atlantic Beach Light in New any inspected cage of surfclams are York to the limit of the state terri- less than 4.75 inches (12.065 cm) in torial waters of New York; and a line length, all cages landed by the same from the point on the arc at 40°19′48″ N.

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lat., 73°45′42″ W. long., to a point at the the State Shellfish Control Authority limit of the state territorial waters of as required by the PSP testing pro- New Jersey at 40°14′00″ N. lat., 73°55′42″ tocol; and W. long. (C) Prior to leaving port at the start (3) 106 Dumpsite. The toxic industrial of a fishing trip, the vessel’s owner or site known as the ‘‘106 Dumpsite’’ and operator must declare its intent to fish ° ′ ″ ° ′ ″ located between 38 40 00 and 39 00 00 N. in the area through the vessel’s vessel ° ′ ″ ° ′ ″ lat., and between 72 00 00 and 72 30 00 monitoring system. W. long. (ii) [Reserved] (4) Georges Bank. The paralytic shell- (b) Areas closed because of small fish poisoning (PSP) contaminated area, which is located on Georges surfclams. Areas may be closed because Bank, and is located east of 69° W. they contain small surfclams. long., and south of 42°20′ N. lat. is (1) Closure. The Regional Adminis- closed to the harvest of surfclams and trator may close an area to surfclams ocean quahogs. A portion of the and ocean quahog fishing if he/she de- Georges Bank Closed Area is open to termines, based on logbook entries, harvest surfclams and ocean quahogs processors’ reports, survey cruises, or provided the vessel complies with the other information, that the area con- requirements specified in paragraph tains surfclams of which: (a)(4)(i) of this section. The open por- (i) Sixty percent or more are smaller tion of the Georges Bank Closed Area than 4.5 inches (11.43 cm); and is defined by straight lines connecting (ii) Not more than 15 percent are the following points in the order stat- larger than 5.5 inches (13.97 cm) in size. ed: (2) Reopening. The Regional Adminis- trator may reopen areas or parts of OPEN PORTION OF THE GEORGES BANK CLOSED areas closed under paragraph (b)(1) of AREA this section if he/she determines, based Point N. Latitude W. Longitude on survey cruises or other information, 1 ...... 42°00′ 68°50′ that: 2 ...... 42°00′ 67°20′ (i) The average length of the domi- 3 ...... 41°00′ 67°20′ nant (in terms of weight) size class in 4 ...... 41°00′ 67°10′ 5 ...... 40°40′ 67°10′ the area to be reopened is equal to or 6 ...... 40°40′ 68°30′ greater than 4.75 inches (12.065 cm); or 7 ...... 41°30′ 68°30′ (ii) The yield or rate of growth of the 8 ...... 41°30′ 68°50′ 1 ...... 42°00′ 68°50′ dominant shell-length class in the area to be reopened would be significantly (i) Requirements for Vessels Fishing in enhanced through selective, controlled, the Open Portion of the Georges Bank or limited harvest of surfclams in the Closed Area. A vessel may fish in the area. open portion of the Georges Bank (c) Procedure. (1) The Regional Ad- Closed Area as specified in this para- ministrator may hold a public hearing graph (a)(4), provided it complies with on the proposed closure or reopening of the following terms and conditions: any area under paragraph (a) or (b) of (A) A valid letter of authorization this section. The Regional Adminis- issued by the Regional Administrator trator shall publish notification in the must be onboard the vessel; and FEDERAL REGISTER of any proposed (B) The vessel must adhere to the area closure or reopening, including terms and conditions of the PSP test- ing protocol as adopted into the Na- any restrictions on harvest in a re- tional Shellfish Sanitation Program by opened area. Comments on the pro- the Interstate Shellfish Sanitation posed closure or reopening must be Conference. All surfclams and ocean submitted to the Regional Adminis- quahogs harvested from the area must trator within 30 days after publication. be handled in accordance with the The Regional Administrator shall con- terms and conditions of the protocol sider all comments and publish the from the first point of harvest through final notification of closure or reopen- completion of testing and release by ing, and any restrictions on harvest, in

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the FEDERAL REGISTER. Any adjust- paragraph (b) of this section. A tag ment to harvest restrictions in a re- must be fixed on or as near as possible opened area shall be made by notifica- to the upper crossbar of the cage. A tag tion in the FEDERAL REGISTER. The Re- is required for every 60 ft3 (1,700 L) of gional Administrator shall send notice cage volume, or portion thereof. A tag of any action under this paragraph or tags must not be removed until the (c)(1) to each surfclam and ocean qua- cage is emptied by the processor, at hog processor and to each surfclam and which time the processor must prompt- ocean quahog permit holder. ly remove and retain the tag(s) for 60 (2) If the Regional Administrator de- days beyond the end of the calendar termines, as the result of testing by year, unless otherwise directed by au- state, Federal, or private entities, that thorized law enforcement agents. a closure of an area under paragraph (b) Issuance. The Regional Adminis- (a) of this section is necessary to pre- trator will issue a supply of tags to vent any adverse effects fishing may each individual allocation owner quali- have on the public health, he/she may fying for an allocation under § 648.74 close the area for 60 days by publica- prior to the beginning of each fishing tion of notification in the FEDERAL year, or he/she may specify, in the FED- REGISTER, without prior comment or ERAL REGISTER, a vendor from whom public hearing. If an extension of the the tags shall be purchased. The num- 60-day closure period is necessary to ber of tags will be based on the owner’s protect the public health, the hearing initial allocation as specified in and notice requirements of paragraph § 648.74(a). Each tag represents 32 bu (c)(1) of this section shall be followed. (1,700 L) of allocation. (d) Areas closed due to the presence of paralytic shellfish poisoning toxin—(1) (c) Expiration. Tags will expire at the Maine mahogany quahog zone. The end of the fishing year for which they Maine mahogany quahog zone is closed are issued, or if rendered null and void to fishing for ocean quahogs except in in accordance with 15 CFR part 904. those areas of the zone that are tested (d) Return. Tags that have been ren- by the State of Maine and deemed to be dered null and void must be returned to within the requirements of the Na- the Regional Administrator, if pos- tional Shellfish Sanitation Program sible. and adopted by the Interstate Shellfish (e) Loss. Loss or theft of tags must be Sanitation Conference as acceptable reported by the owner, numerically limits for the toxin responsible for identifying the tags to the Regional PSP. Harvesting is allowed in such Administrator by telephone as soon as areas during the periods specified by the loss or theft is discovered and in the Maine Department of Marine Re- writing within 24 hours. Thereafter, sources during which quahogs are safe the reported tags shall no longer be for human consumption. For informa- valid for use under this part. tion regarding these areas contact the (f) Replacement. Lost or stolen tags State of Maine Division of Marine Re- may be replaced by the Regional Ad- sources. ministrator if proper notice of the loss (2) [Reserved] is provided by the person to whom the [76 FR 60624, Sept. 29, 2011, as amended at 77 tags were issued. Replacement tags FR 75063, Dec. 19, 2012; 81 FR 38974, June 15, may be purchased from the Regional 2016] Administrator or a vendor with a writ- ten authorization from the Regional § 648.77 Cage identification. Administrator. Except as provided in § 648.78, the fol- (g) Transfer. See § 648.74(b)(2). lowing cage identification require- (h) Presumptions. Surfclams and ments apply to all vessels issued a Fed- ocean quahogs found in cages without a eral fishing permit for surfclams and valid state tag are deemed to have been ocean quahogs: harvested in the EEZ and to be part of (a) Tagging. Before offloading, all an individual’s allocation, unless the cages that contain surfclams or ocean individual demonstrates that he/she quahogs must be tagged with tags ac- has surrendered his/her Federal vessel quired annually under provisions of permit issued under § 648.4(a)(4) and

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conducted fishing operations exclu- (iii) All mahogany quahogs landed by sively within waters under the jurisdic- vessels fishing in the Maine mahogany tion of any state. Surfclams and ocean quahog zone for an individual alloca- quahogs in cages with a Federal tag or tion of quahogs under § 648.74 will be tags, issued and still valid pursuant to counted against the ocean quahog allo- this section, affixed thereto are deemed cation for which the vessel is fishing. to have been harvested by the indi- (iv) The Regional Administrator will vidual allocation holder to whom the monitor the ACT based on dealer re- tags were issued under the provisions ports and other available information, of § 648.77(b) or transferred under the and shall determine the date when the provisions of § 648.74(b). ACT will be harvested. NMFS shall [76 FR 60625, Sept. 29, 2011] publish notification in the FEDERAL REGISTER advising the public that, ef- § 648.78 Maine mahogany quahog zone. fective upon a specific date, the Maine (a) Landing requirements. (1) A vessel mahogany quahog quota has been har- issued a valid Maine mahogany quahog vested, and notifying vessel and dealer permit pursuant to § 648.4(a)(4)(i), and permit holders that no Maine mahog- fishing for or possessing ocean quahogs any quahog quota is available for the within the Maine mahogany quahog remainder of the year. zone, must land its catch in the State (2) Maine Mahogany Quahog Advisory of Maine. Panel. The MAFMC shall establish a (2) A vessel fishing under an indi- Maine Mahogany Quahog Advisory vidual allocation permit, regardless of Panel consisting of representatives of whether it has a Maine mahogany qua- harvesters, dealers, and the Maine De- hog permit, fishing for or possessing partment of Marine Resources. The Ad- ocean quahogs within the zone, may visory Panel shall make recommenda- land its catch in the State of Maine, or, tions, through the Surfclam and Ocean consistent with applicable state law in Quahog Committee of the MAFMC, re- any other state that utilizes food safe- garding revisions to the annual quota ty-based procedures including sampling and other management measures. and analyzing for PSP toxin consistent with those food safety-based proce- [76 FR 60625, Sept. 29, 2011] dures used by the State of Maine for such purpose, and must comply with § 648.79 Surfclam and ocean quahog framework adjustments to manage- all requirements in §§ 648.74 and 648.77. ment measures. Documentation required by the state and other laws and regulations applica- (a) Within season management action. ble to food safety-based procedures The MAFMC may, at any time, initiate must be made available by federally action to add or adjust management permitted dealers for inspection by measures within the Atlantic Surfclam NMFS. and Ocean Quahog FMP if it finds that (b) ACT monitoring and closures—(1) action is necessary to meet or be con- Catch quota. (i) The ACT for harvest of sistent with the goals and objectives of mahogany quahogs from within the the plan. Maine mahogany quahog zone is 100,000 (1) Adjustment process. The MAFMC Maine bu (35,239 hL). The ACL may be shall develop and analyze appropriate revised annually within the range of management actions over the span of 17,000 and 100,000 Maine bu (5,991 and at least two MAFMC meetings. The 35,239 hL) following the procedures set MAFMC must provide the public with forth in §§ 648.72 and 648.73, if applica- advance notice of the availability of ble. the recommendation(s), appropriate (ii) All mahogany quahogs landed for justification(s) and economic and bio- sale in Maine by vessels issued a Maine logical analyses, and the opportunity mahogany quahog permit and not fish- to comment on the proposed adjust- ing for an individual allocation of ment(s) at the first meeting, and prior ocean quahogs under § 648.74 shall be to and at the second MAFMC meeting. applied against the Maine mahogany The MAFMC’s recommendations on ad- quahog ACT, regardless of where the justments or additions to management mahogany quahogs are harvested. measures must come from one or more

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of the following categories: Adjust- (i) If NMFS concurs with the ments within existing ABC control rule MAFMC’s recommended management levels; adjustments to the existing measures and determines that the rec- MAFMC risk policy; introduction of ommended management measures new AMs, including sub-ACTs; descrip- should be issued as a final rule based tion and identification of EFH (and on the factors specified in paragraph fishing gear management measures (a)(2) of this section, the measures will that impact EFH); habitat areas of par- be issued as a final rule in the FEDERAL ticular concern; set-aside quota for sci- REGISTER. entific research; VMS; and suspension (ii) If NMFS concurs with the or adjustment of the surfclam min- MAFMC’s recommended management imum size limit. Issues that require measures and determines that the rec- significant departures from previously ommended management measures contemplated measures or that are should be published first as a proposed otherwise introducing new concepts rule, the measures will be published as may require an amendment of the FMP a proposed rule in the FEDERAL REG- instead of a framework adjustment. ISTER. After additional public com- (2) MAFMC recommendation. After de- ment, if NMFS concurs with the veloping management actions and re- MAFMC recommendation, the meas- ceiving public testimony, the MAFMC ures will be published as a final rule in shall make a recommendation to the the FEDERAL REGISTER. Regional Administrator. The MAFMC’s (iii) If NMFS does not concur, the recommendation must include sup- MAFMC will be notified in writing of porting rationale, if management the reasons for the non-concurrence. measures are recommended, an anal- (4) Emergency actions. Nothing in this ysis of impacts, and a recommendation section is meant to derogate from the to the Regional Administrator on authority of the Secretary to take whether to issue the management emergency action under section 305(e) measures as a final rule. If the MAFMC of the Magnuson-Stevens Act. recommends that the management (b) [Reserved] measures should be issued as a final rule, it must consider at least the fol- [76 FR 60625, Sept. 29, 2011, as amended at 76 lowing factors, and provide support and FR 81848, Dec. 29, 2011; 80 FR 37194, June 30, analysis for each factor considered: 2015; 81 FR 38974, June 15, 2016] (i) Whether the availability of data on which the recommended manage- Subpart F—Management Meas- ment measures are based allows for ures for the NE Multispecies adequate time to publish a proposed and Monkfish Fisheries rule, and whether the regulations would have to be in place for an entire § 648.80 NE Multispecies regulated harvest/fishing season. mesh areas and restrictions on gear (ii) Whether there has been adequate and methods of fishing. notice and opportunity for participa- Except as provided in § 648.17, all ves- tion by the public and members of the sels must comply with the following affected industry in the development of minimum mesh size, gear and methods recommended management measures. of fishing requirements, unless other- (iii) Whether there is an immediate wise exempted or prohibited. need to protect the resource. (a) Gulf of Maine (GOM) and GB Regu- (iv) Whether there will be a con- lated Mesh Areas—(1) GOM Regulated tinuing evaluation of management Mesh Area. The GOM Regulated Mesh measures adopted following their im- Area (copies of a map depicting the plementation as a final rule. area are available from the Regional (3) NMFS action. If the MAFMC’s rec- Administrator upon request) is that ommendation includes adjustments or area: additions to management measures and (i) Bounded on the east by the U.S.- after reviewing the MAFMC’s rec- Canada maritime boundary, defined by ommendation and supporting informa- straight lines connecting the following tion: points in the order stated:

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Point N. lat. W. long. (a)(3)(iii) of this section, the minimum mesh size for any trawl net, except a G1 ...... (1) (1) G2 ...... 43°58′ 67°22′ midwater trawl, on a vessel or used by G3 ...... 42°53.1′ 67°44.4′ a vessel fishing under the NE multispe- G4 ...... 42°31′ 67°28.1′ cies DAS program or on a sector trip in ° ′ ° ′ 2 CII3 ...... 42 22 67 20 the GOM Regulated Mesh Area is 6- 1 The intersection of the shoreline and the U.S.-Canada inch (15.2-cm) diamond mesh or 6.5-inch Maritime Boundary. 2 The U.S.-Canada Maritime Boundary. (16.5-cm) square mesh, applied through- (ii) Bounded on the south by straight out the body and extension of the net, lines connecting the following points in or any combination thereof, and 6.5- the order stated: inch (16.5-cm) diamond mesh or square mesh applied to the codend of the net Point N. lat. W. long. as defined in paragraphs (a)(3)(i)(A) and (B) of this section, provided the vessel CII3 ...... 42°22′ 67°20′ 1 G6 ...... 42°20′ 67°20′ complies with the requirements of G7 ...... 42°20′ 69°30′ paragraph (a)(3)(vii) of this section. G8 ...... 42°00′ 69°30′ This restriction does not apply to nets ° ′ 2 G9 ...... 42 00 ( ) or pieces of nets smaller than 3 ft (0.9 1 The U.S.-Canada Maritime Boundary. × 2 The intersection of the Cape Cod, MA, coastline and m) 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or 42°00′ N. lat. to vessels that have not been issued a (2) GB Regulated Mesh Area. The GB NE multispecies permit and that are Regulated Mesh Area (copies of a map fishing exclusively in state waters. depicting the area are available from (A) For vessels greater than 45 ft (13.7 the Regional Administrator upon re- m) in length overall, a diamond mesh quest) is that area: codend is defined as the first 50 meshes (i) Bounded on the north by the counting from the terminus of the net, southern boundary of the GOM Regu- and a square mesh codend is defined as lated Mesh Area as defined in para- the first 100 bars counting from the ter- graph (a)(1)(ii) of this section; and minus of the net. (ii) Bounded on the east by straight (B) For vessels 45 ft (13.7 m) or less in lines connecting the following points in length overall, a diamond mesh codend the order stated: is defined as the first 25 meshes count- ing from the terminus of the net, and a GB REGULATED MESH AREA square mesh codend is defined as the first 50 bars counting from the ter- Point N. latitude W. longitude minus of the net. CII3 ...... 42°22′ 67°20′ 1 (ii) Vessels using Scottish seine, SNE1 ...... 40°24′ 65°43′ 2 midwater trawl, and purse seine. Except 1 The U.S.-Canada Maritime Boundary. as provided in paragraphs (a)(3)(ii) and 2 The U.S.-Canada Maritime Boundary as it intersects with (vi) of this section, and unless other- the EEZ. wise restricted under paragraph (iii) Bounded on the west by straight (a)(3)(iii) of this section, the minimum lines connecting the following points in mesh size for any Scottish seine, the order stated: midwater trawl, or purse seine on a vessel or used by a vessel fishing under Point N. lat. W. long. a DAS in the NE multispecies DAS pro- G12 ...... (1) 70°00′ gram in the GOM Regulated Mesh Area G11 ...... 40°50′ 70°00′ NL1 ...... 40°50′ 69°40′ is 6-inch (15.2-cm) diamond mesh or 6.5- NL2 ...... 40°18.7′ 69°40′ inch (16.5-cm) square mesh applied NL3 ...... 40°22.7′ 69°00′ throughout the net, or any combina- ...... (2) 69°00′ tion thereof, provided the vessel com- 1 South facing shoreline of Cape Cod. plies with the requirements of para- 2 Southward to its intersection with the EEZ. graph (a)(3)(vii) of this section. This re- (3) GOM Regulated Mesh Area minimum striction does not apply to nets or mesh size and gear restrictions—(i) Ves- pieces of nets smaller than 3 ft (0.9 m) sels using trawls. Except as provided in × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to paragraphs (a)(3)(i) and (vi) of this sec- vessels that have not been issued a NE tion and § 648.85(b)(6), and unless other- multispecies permit and that are fish- wise restricted under paragraph ing exclusively in state waters.

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(iii) Large-mesh vessels. When fishing not fish with, haul, possess, or deploy in the GOM Regulated Mesh Area, the more than 50 roundfish sink gillnets or minimum mesh size for any trawl net 100 flatfish (tie-down) sink gillnets, vessel, or sink gillnet, on a vessel or each of which must be tagged pursuant used by a vessel fishing under a DAS in to paragraph (a)(3)(iv)(C) of this sec- the Large-mesh DAS program, speci- tion, except as provided in fied in § 648.82(b)(4), is 8.5-inch (21.6-cm) § 648.92(b)(8)(i). Vessels may fish any diamond or square mesh throughout combination of roundfish and flatfish the entire net. This restriction does gillnets up to 100 nets, and may stow not apply to nets or pieces of nets additional nets not to exceed 160 nets, smaller than 3 ft (0.9 m) × 3 ft (0.9 m), counting deployed nets. (9 sq ft (0.81 sq m)), or to vessels that (3) Net size requirements. Nets may not have not been issued a NE multispecies be longer than 300 ft (91.4 m), or 50 fath- permit and that are fishing exclusively oms (91.4 m) in length. in state waters. (4) Tags. Roundfish nets must be (iv) Gillnet vessels—(A) Trip gillnet ves- tagged with two tags per net, with one sels—(1) Mesh size. Except as provided tag secured to each bridle of every net, in paragraphs (a)(3)(iv) and (vi) of this within a string of nets, and flatfish section, and unless otherwise restricted nets must have one tag per net, with under paragraph (a)(3)(iii) of this sec- one tag secured to every other bridle of tion, for any vessel that obtains an an- every net within a string of nets. nual designation as a Trip gillnet ves- Gillnet vessels must also abide by the sel, the minimum mesh size for any tagging requirements in paragraph sink gillnet when fishing in the NE (a)(3)(iv)(C) of this section. multispecies DAS program or on a sec- (C) Obtaining and replacing tags. Tags tor trip in the GOM Regulated Mesh must be obtained as described in Area is 6.5 inches (16.5 cm) throughout § 648.4(c)(2)(iii), and vessels must have the entire net. This restriction does on board written confirmation issued not apply to nets or pieces of nets by the Regional Administrator, indi- smaller than 3 ft (0.9 m) × 3 ft (0.9 m), cating that the vessel is a Day gillnet (9 sq ft (0.81 sq m)), or to vessels that vessel or a Trip gillnet vessel. The ves- have not been issued a NE multispecies sel operator must produce all net tags permit and that are fishing exclusively upon request by an authorized officer. in state waters. A vessel may have tags on board in ex- (2) Net size requirements. Nets may not cess of the number of tags cor- be longer than 300 ft (91.4 m), or 50 fath- responding to the allowable number of oms (91.4 m) in length. nets, provided such tags are onboard (B) Day gillnet vessels—(1) Mesh size. the vessel and can be made available Except as provided in paragraphs for inspection. (a)(3)(iv) and (vi) of this section, and (1) Lost tags. Vessel owners or opera- unless otherwise restricted under para- tors are required to report lost, de- graph (a)(3)(iii) of this section, for any stroyed, and missing tag numbers as vessel that obtain an annual designa- soon as feasible after tags have been tion as a Day gillnet vessel, the min- discovered lost, destroyed or missing, imum mesh size for any sink gillnet by letter or fax to the Regional Admin- when fishing under the NE multispe- istrator. cies DAS program or on a sector trip in (2) Replacement tags. Vessel owners or the GOM Regulated Mesh Area is 6.5 operators seeking replacement of lost, inches (16.5 cm) throughout the entire destroyed, or missing tags must re- net. This restriction does not apply to quest replacement of tags by letter or nets or pieces of nets smaller than 3 ft fax to the Regional Administrator. A (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), check for the cost of the replacement or to vessels that have not been issued tags must be received by the Regional a NE multispecies permit and that are Administrator before tags will be re- fishing exclusively in state waters. issued. (2) Number of nets. A day gillnet ves- (v) Hook gear restrictions. Unless oth- sel fishing under a NE multispecies erwise specified in this paragraph DAS or on a sector trip and fishing in (a)(3)(v) or § 648.87(c), vessels fishing the GOM Regulated Mesh Area may with a valid NE multispecies limited

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access permit and fishing under a NE under a scallop DAS or general cat- multispecies DAS or on a sector trip, egory trip in accordance with para- and vessels fishing with a valid NE graph (h) of this section; or if fishing multispecies limited access Small-Ves- pursuant to a NE multispecies open ac- sel permit in the GOM Regulated Mesh cess Charter/Party or Handgear permit Area, and persons on such vessels, are specified in § 648.88; or if fishing as a prohibited from fishing, setting, or charter/party or private recreational hauling back, per day, or possessing on vessel in compliance with § 648.89. Any board the vessel, more than 2,000 rigged gear used by a vessel in this area must hooks. All longline gear hooks must be be authorized under one of these ex- circle hooks, of a minimum size of 12/0. emptions. Any gear on a vessel that is An unbaited hook and gangion that has not authorized under one of these ex- not been secured to the ground line of emptions must be stowed and not the trawl on board a vessel during the available for immediate use as defined fishing trip is deemed to be a replace- in § 648.2. ment hook and is not counted toward (vii) Rockhopper and roller gear restric- the 2,000-hook limit. A ‘‘snap-on’’ hook tions. For all trawl vessels fishing on a is deemed to be a replacement hook if NE multispecies DAS or sector trip in it is not rigged or baited during the the GOM/GB Inshore Restricted Roller fishing trip. The use of de-hookers Gear Area, the diameter of any part of (‘‘crucifer’’) with less than 6-inch (15.2- the trawl footrope, including discs, cm) spacing between the fairlead roll- rollers, or rockhoppers, must not ex- ers is prohibited. Vessels fishing with a ceed 12 inches (30.5 cm). The GOM/GB valid NE multispecies limited access Inshore Restricted Roller Gear Area is Hook Gear permit and fishing under a defined by straight lines connecting multispecies DAS or on a sector trip in the following points in the order stat- the GOM Regulated Mesh Area, and ed: persons on such vessels, are prohibited from possessing gear other than hook INSHORE RESTRICTED ROLLER GEAR AREA gear on board the vessel. Vessels fish- ing with a valid NE multispecies lim- Point N. Latitude W. Longitude ited access Handgear A permit, and 1 ...... 42°00′ (1) persons on such vessels, are prohibited 2 ...... 42°00′ (2) from fishing, or possessing on board 3 ...... 42°00′ (3) the vessel, gear other than handgear. 4 ...... 42°00′ 69°50′ 5 ...... 43°00′ 69°50′ Vessels fishing with tub-trawl gear are 6 ...... 43°00′ 70°00′ prohibited from fishing, setting, or 7 ...... 43°30′ 70°00′ hauling back, per day, or possessing on 8 ...... 43°30′ (4) board the vessel more than 250 hooks. 1 Massachusetts shoreline. (vi) Other restrictions and exemptions. 2 Cape Cod shoreline on Cape Cod Bay. A vessel is prohibited from fishing in 3 Cape Cod shoreline on the Atlantic Ocean. 4 the GOM or GB Exemption Area as de- Maine shoreline. fined in paragraph (a)(17) of this sec- (4) GB regulated mesh area minimum tion, except if fishing with exempted mesh size and gear restrictions—(i) Ves- gear (as defined under this part) or sels using trawls. Except as provided in under the exemptions specified in para- paragraph (a)(3)(vi) of this section, this graphs (a)(5) through (a)(7), (a)(9) paragraph (a)(4)(i), § 648.85(b)(6) and (8), through (a)(16) and (a)(18) through and § 648.87(c)(2)(ii), and unless other- (a)(19), (d), (e), (h), and (i) of this sec- wise restricted under paragraph tion; or if fishing under a NE multispe- (a)(4)(iii) of this section, the minimum cies DAS; or if fishing on a sector trip; mesh size for any trawl net, except a or if fishing under the Small Vessel or midwater trawl, and the minimum Handgear A permit specified in mesh size for any trawl net when fish- § 648.82(b)(5) and (6), respectively; or if ing in that portion of the GB Regulated fishing under a Handgear B permit Mesh Area that lies within the SNE specified in § 648.88(a); or if fishing Exemption Area, as described in para- under the scallop state waters exemp- graph (b)(10) of this section, that is not tions specified in § 648.54 and paragraph stowed and available for immediate use (h)(3)(i) of this section; or if fishing as defined in § 648.2, on a vessel or used

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by a vessel fishing under the NE multi- in paragraph (b)(10) of this section, species DAS program or on a sector that is not stowed and available for im- trip in the GB Regulated Mesh Area is mediate use as defined in § 648.2, on a 6-inch (15.2-cm) diamond mesh or 6.5- vessel or used by a vessel fishing under inch (16.5-cm) square mesh applied a DAS in the Large-mesh DAS pro- throughout the body and extension of gram, specified in § 648.82(b)(5), is 8.5- the net, or any combination thereof, inch (21.6-cm) diamond or square mesh and 6.5-inch (16.5-cm) diamond mesh or throughout the entire net. This restric- square mesh applied to the codend of tion does not apply to nets or pieces of the net as defined in paragraph (a)(3)(i) nets smaller than 3 ft (0.9 m) × 3 ft (0.9 of this section, provided the vessel m), (9 sq ft (0.81 sq m)), or to vessels complies with the requirements of that have not been issued a NE multi- paragraphs (a)(3)(vii) of this section. species permit and that are fishing ex- This restriction does not apply to nets clusively in state waters. or pieces of nets smaller than 3 ft (0.9 (iv) Gillnet vessels. Except as provided m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or in paragraph (a)(3)(vi) of this section to vessels that have not been issued a and this paragraph (a)(4)(iv), for Day NE multispecies permit and that are and Trip gillnet vessels, the minimum fishing exclusively in state waters. mesh size for any sink gillnet, and the (ii) Vessels using Scottish seine, minimum mesh size for any roundfish midwater trawl, and purse seine. Except or flatfish gillnet when fishing in that as provided in paragraph (a)(3)(vi) of portion of the GB Regulated Mesh Area this section, and this paragraph that lies within the SNE Exemption (a)(4)(ii), and unless otherwise re- Area, as described in paragraph (b)(10) stricted under paragraph (a)(4)(iii) of of this section, that is not stowed and this section, the minimum mesh size available for immediate use as defined for any Scottish seine, midwater trawl, in § 648.2, when fishing under a DAS in or purse seine, and the minimum mesh the NE multispecies DAS program or size for any Scottish seine, midwater on a sector trip in the GB Regulated trawl, or purse seine, when fishing in Mesh Area is 6.5 inches (16.5 cm) that portion of the GB Regulated Mesh throughout the entire net. This restric- Area that lies within the SNE Exemp- tion does not apply to nets or pieces of tion Area, as described in paragraph nets smaller than 3 ft (0.9 m) × 3 ft (0.9 (b)(10) of this section, that is not m), (9 sq ft (0.81 sq m)), or to vessels stowed and available for immediate use that have not been issued a NE multi- as defined in § 648.2, on a vessel or used species permit and that are fishing ex- by a vessel fishing under a DAS in the clusively in state waters. NE multispecies DAS program in the GB Regulated Mesh Area is 6-inch (15.2- (A) Trip gillnet vessels. A Trip gillnet cm) diamond mesh or 6.5-inch (16.5-cm) vessel fishing under a NE multispecies square mesh applied throughout the DAS or on a sector trip and fishing in net, or any combination thereof, pro- the GB Regulated Mesh Area may not vided the vessel complies with the re- fish with nets longer than 300 ft (91.4 quirements of paragraph (a)(3)(vii) of m), or 50 fathoms (91.4 m) in length. this section. This restriction does not (B) Day gillnet vessels—(1) Number of apply to nets or pieces of nets smaller nets. A Day gillnet vessel fishing under than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft a NE multispecies DAS or on a sector (0.81 sq m)), or to vessels that have not trip and fishing in the GB Regulated been issued a NE multispecies permit Mesh Area may not fish with, haul, and that are fishing exclusively in possess, or deploy more than 50 nets, state waters. except as provided in § 648.92(b)(8)(i). (iii) Large-mesh vessels. When fishing (2) Net size requirements. Vessels may in the GB Regulated Mesh Area, the fish any combination of roundfish and minimum mesh size for any trawl net, flatfish gillnets, up to 50 nets. Such or sink gillnet, and the minimum mesh vessels, may stow additional nets not size for any trawl net, or sink gillnet, to exceed 150, counting the deployed when fishing in that portion of the GB net. Such vessels may stow additional Regulated Mesh Area that lies within nets in accordance with the definition the SNE Exemption Area, as described of not available for immediate use as

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defined in § 648.2 not to exceed 150 nets, and (c)(1) of this section, respectively, counting the deployed net. with nets with a mesh size smaller (3) Tags. Roundfish or flatfish nets than the minimum size specified, if the must be tagged with two tags per net, vessel complies with the requirements with one tag secured to each bridle of of paragraphs (a)(5)(i) through (iii) of every net within a string of nets. this section. (4) Obtaining and replacing tags. See (i) Restrictions on fishing for, pos- paragraph (a)(3)(iv)(C) of this section. sessing, or landing fish other than shrimp. (v) Hook gear restrictions. Unless oth- An owner or operator of a vessel fish- erwise specified in this paragraph ing in the northern shrimp fishery (a)(4)(v), vessels fishing with a valid NE under the exemption described in this multispecies limited access permit and paragraph (a)(5) may not fish for, pos- fishing under a NE multispecies DAS, sess on board, or land any species of and vessels fishing with a valid NE fish other than shrimp, except for the multispecies limited access Small-Ves- following, with the restrictions noted, sel permit, in the GB Regulated Mesh Area, and persons on such vessels, are as allowable incidental species: Long- prohibited from possessing gear other horn sculpin; combined silver hake and than hook gear on board the vessel and offshore hake—up to an amount equal prohibited from fishing, setting, or to the total weight of shrimp possessed hauling back, per day, or possessing on on board or landed, not to exceed 3,500 board the vessel, more than 3,600 rigged lb (1,588 kg); and American lobster—up hooks. All longline gear hooks must be to 10 percent, by weight, of all other circle hooks, of a minimum size of 12/0. species on board or 200 lobsters, which- An unabated hook and gangions that ever is less, unless otherwise restricted has not been secured to the ground line by landing limits specified in § 697.17 of of the trawl on board a vessel is this chapter. Silver hake and offshore deemed to be a replacement hook and hake on board a vessel subject to this is not counted toward the 3,600-hook possession limit must be separated limit. A ‘‘snap-on’’ hook is deemed to from other species of fish and stored so be a replacement hook if it is not as to be readily available for inspec- rigged or baited. The use of de-hookers tion. (‘‘crucifer’’) with less than 6-inch (15.2- (ii) Requirement to use a finfish ex- cm) spacing between the fairlead roll- cluder device (FED). A vessel must have ers is prohibited. Vessels fishing with a a rigid or semi-rigid grate consisting of valid NE multispecies limited access parallel bars of not more than 1-inch Hook gear permit and fishing under a (2.54-cm) spacing that excludes all fish multispecies DAS in the GB Regulated and other objects, except those that Mesh Area, and persons on such ves- are small enough to pass between its sels, are prohibited from possessing bars into the codend of the trawl, se- gear other than hook gear on board the cured in the trawl, forward of the vessel. Vessels fishing with a valid NE codend, in such a manner that it pre- multispecies limited access Handgear cludes the passage of fish or other ob- A permit are prohibited from fishing or jects into the codend without the fish possessing on board the vessel, gear other than hand gear. Vessels fishing or objects having to first pass between with tub-trawl gear are prohibited the bars of the grate, in any net with from fishing, setting, or hauling back, mesh smaller than the minimum size per day, or possessing on board the ves- specified in paragraphs (a)(3) and (4) of sel more than 250 hooks. this section. The net must have an out- (vi)–(viii) [Reserved] let or hole to allow fish or other ob- (5) Small Mesh Northern Shrimp Fish- jects that are too large to pass between ery Exemption. Vessels subject to the the bars of the grate to exit the net. minimum mesh size restrictions speci- The aftermost edge of this outlet or fied in this paragraph (a) may fish for, hole must be at least as wide as the harvest, possess, or land northern grate at the point of attachment. The shrimp in the GOM, GB, SNE, and MA outlet or hole must extend forward Regulated Mesh Areas, as described from the grate toward the mouth of the under paragraphs (a)(1), (a)(2), (b)(1), net. A funnel of net material is allowed

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in the lengthening piece of the net for- spiny dogfish, up to the amount speci- ward of the grate to direct catch to- fied in § 648.235; red hake, up to the wards the grate. (Copies of a schematic amount specified in § 648.86(d), example of a properly configured and monkfish and monkfish parts—up to 10 installed FED are available from the percent, by weight, of all other species Regional Administrator upon request.) on board or up to 50 lb (23 kg) tail- (iii) Time restrictions. A vessel may weight/166 lb (75 kg) whole-weight of only fish under this exemption during monkfish per trip, as specified in the northern shrimp season, as estab- § 648.94(c)(4), whichever is less; and lished by the Commission and an- American lobster—up to 10 percent, by nounced in the Commission’s letter to weight, of all other species on board or participants. 200 lobsters, whichever is less, unless (6) Cultivator Shoal Whiting Fishery otherwise restricted by landing limits Exemption Area. Vessels subject to the specified in § 697.17 of this chapter. minimum mesh size restrictions speci- (C) Counting from the terminus of fied in paragraphs (a)(3) and (4) of this the net, all nets must have a minimum section may fish with, use, or possess mesh size of 3-inch (7.6-cm) square or nets in the Cultivator Shoal Whiting diamond mesh applied to the first 100 Fishery Exemption Area with a mesh meshes (200 bars in the case of square size smaller than the minimum size mesh) for vessels greater than 60 ft specified, if the vessel complies with (18.3 m) in length and applied to the the requirements specified in para- first 50 meshes (100 bars in the case of graph (a)(6)(i) of this section. The Cul- square mesh) for vessels less than or tivator Shoal Whiting Fishery Exemp- equal to 60 ft (18.3 m) in length. tion Area (copies of a map depicting (D) Fishing is confined to a season of the area are available from the Re- June 15 through October 31, unless oth- gional Administrator upon request) is erwise specified by notification in the defined by straight lines connecting FEDERAL REGISTER. the following points in the order stat- (E) When a vessel is transiting ed: through the GOM or GB Regulated Mesh Areas specified under paragraphs CULTIVATOR SHOAL WHITING FISHERY (a)(1) and (2) of this section, any nets EXEMPTION AREA with a mesh size smaller than the min- Point N. lat. W. long. imum mesh specified in paragraphs (a)(3) or (4) of this section must be C1 ...... 42°10′ 68°10′ C2 ...... 41°30′ 68°41′ stowed and not available for immediate CI4 ...... 41°30′ 68°30′ use as defined in § 648.2, unless the ves- C3 ...... 41°12.8′ 68°30′ sel is fishing for small-mesh multispe- ° ′ ° ′ C4 ...... 41 05 68 20 cies under another exempted fishery C5 ...... 41°55′ 67°40′ C1 ...... 42°10′ 68°10′ specified in this paragraph (a). (F) A vessel fishing in the Cultivator (i) Requirements. (A) A vessel fishing Shoal Whiting Fishery Exemption Area in the Cultivator Shoal Whiting Fish- may fish for small-mesh multispecies ery Exemption Area under this exemp- in exempted fisheries outside of the tion must have on board a valid letter Cultivator Shoal Whiting Fishery Ex- of authorization issued by the Regional emption Area, provided that the vessel Administrator. complies with the more restrictive (B) An owner or operator of a vessel gear, possession limit, and other re- fishing in this area may not fish for, quirements specified in the regulations possess on board, or land any species of of that exempted fishery for the entire fish other than whiting and offshore participation period specified on the hake combined—up to a maximum of vessel’s letter of authorization and 30,000 lb (13,608 kg), except for the fol- consistent with paragraph (a)(15)(i)(G) lowing, with the restrictions noted, as of this section. For example, a vessel allowable incidental species: Atlantic may fish in both the Cultivator Shoal herring, up to the amount specified in Whiting Fishery Exemption Area and § 648.204; longhorn sculpin; squid, the Southern New England or Mid-At- butterfish, and Atlantic mackerel, up lantic Exemption Areas, and would be to the amounts specified in § 648.26; restricted to a minimum mesh size of 3

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in (7.62 cm) and a maximum trip limit graphs (a)(3) or (4) of this section may of 30,000 lb (13,607.77 kg) for silver hake transit through the GOM and GB Regu- and offshore hake, combined, as re- lated Mesh Areas defined in paragraphs quired in the Cultivator Shoal Whiting (a)(1) and (2) of this section with nets Fishery Exemption Area. on board with a mesh size smaller than (ii) Sea sampling. The Regional Ad- the minimum mesh size specified and ministrator shall conduct periodic sea with small mesh exempted species on sampling to determine if there is a board, provided that the following con- need to change the area or season des- ditions are met: ignation, and to evaluate the bycatch (A) All nets with a mesh size smaller of regulated species, especially had- than the minimum mesh size specified dock. in paragraphs (a)(3) or (4) of this sec- (iii) Annual review. The NEFMC shall tion are stowed and not available for conduct an annual review of data to de- immediate use as defined in § 648.2. termine if there are any changes in (B) A letter of authorization issued area or season designation necessary, by the Regional Administrator is on and to make appropriate recommenda- board. tions to the Regional Administrator (C) Vessels do not fish for, possess on following the procedures specified in board, or land any fish, except when § 648.90. fishing in the areas specified in para- (7) Transiting. (i) Vessels fishing in graphs (a)(6), (a)(10), (a)(15), (b), and (c) the Small Mesh Area 1/Small Mesh of this section. Vessels may retain ex- Area 2 fishery, as specified in para- empted small-mesh species as provided graph (a)(9) of this section, may transit in paragraphs (a)(6)(i), (a)(10)(i), through the Scallop Dredge Fishery (a)(15)(i), (b)(3), and (c)(3) of this sec- Exemption Area as specified in para- tion. graph (a)(11) of this section with nets (8) Addition or deletion of exemptions— of mesh size smaller than the minimum (i) Exemption allowing no incidental mesh size specified in paragraphs (a)(3) catch of regulated multispecies. An ex- or (4) of this section, provided that the emption may be added in an existing nets are stowed and not available for fishery for which there are sufficient immediate use as defined in § 648.2. Ves- data or information to ascertain the sels fishing in the Small Mesh North- amount of regulated species bycatch, if ern Shrimp Fishery, as specified in the Regional Administrator, after con- paragraph (a)(3) of this section, may sultation with the NEFMC, determines transit through the GOM, GB, SNE, that the percentage of regulated spe- and MA Regulated Mesh Areas, as de- cies caught as bycatch is, or can be re- scribed in paragraphs (a)(1), (a)(2), duced to, less than 5 percent, by (b)(1), and (c)(1) of this section, respec- weight, of total catch, unless otherwise tively, with nets of mesh size smaller specified in this paragraph (a)(8)(i) of than the minimum mesh size specified this section, and that such exemption in paragraphs (a)(3), (a)(4), (b)(2), and will not jeopardize fishing mortality (c)(2) of this section, provided the nets objectives. The 5-percent regulated spe- are stowed and not available for imme- cies incidental bycatch standard could diate use as defined in § 648.2. be modified for a stock that is not in (ii) Vessels subject to the minimum an overfished condition, or if over- mesh size restrictions specified in para- fishing is not occurring on that stock. graphs (a)(3) or (4) of this section may When considering modifications of the transit through the Scallop Dredge standard, it must be shown that the Fishery Exemption Areas defined in change will not delay a rebuilding pro- paragraphs (a)(11) and (18) of this sec- gram, or result in overfishing or an tion with nets on board with a mesh overfished condition. In determining size smaller than the minimum size whether exempting a fishery may jeop- specified, provided that the nets are ardize meeting fishing mortality objec- stowed and not available for immediate tives, the Regional Administrator may use as defined in § 648.2, and provided take into consideration various factors the vessel has no fish on board. including, but not limited to, juvenile (iii) Vessels subject to the minimum mortality, sacrifices in yield that will mesh size restrictions specified in para- result from that mortality, the ratio of

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target species to regulated species, sta- to the Regional Administrator, tus of stock rebuilding, and recent re- through the framework procedure spec- cruitment of regulated species. A fish- ified in § 648.90(c), additions or dele- ery can be defined, restricted, or al- tions to exemptions for fisheries, either lowed by area, gear, season, or other existing or proposed, for which there means determined to be appropriate to may be insufficient data or informa- reduce bycatch of regulated species. tion for the Regional Administrator to The Regional Administrator may mod- determine, without public comment, ify or delete an existing exemption if percentage catch of regulated species. he/she determines that the catch of For exemptions allowing incidental regulated species is equal to or greater catch of regulated species, as defined than 5 percent, by weight of total under paragraph (a)(8)(ii) of this sec- catch, or another pertinent approved tion, the NEFMC may recommend to amount, or that continuing the exemp- the Regional Administrator, through tion may jeopardize meeting fishing the framework procedure specified in mortality objectives. Notification of § 648.90(c), additions or deletions to ex- additions, deletions, or modifications emptions for fisheries, either existing will be made through issuance of a rule or proposed, for which there may be in- in the FEDERAL REGISTER. sufficient data or information for the (ii) Exemption allowing incidental catch Regional Administrator to determine, of regulated species. An exemption may without public comment, the risk that be added in an existing fishery that this exemption would result in a tar- would allow vessels to retain and land geted regulated species fishery, the ex- regulated multispecies, under the re- tent of the fishery in terms of time and strictions specified in paragraphs area, and the possibility of expansion (a)(8)(ii)(A) through (C) of this section, in the fishery. if the Regional Administrator, after (iv) Unless otherwise specified within consultation with the NEFMC, con- the exempted fisheries authorized siders the status of the regulated spe- under this paragraph (a)(8), incidental cies stock or stocks caught in the fish- catch is restricted, at a minimum, to ery, the risk that this exemption would the following: result in a targeted regulated species (A) With the exception of fisheries fishery, the extent of the fishery in authorized under paragraph (a)(8)(ii) of terms of time and area, and the possi- this section, a prohibition on the pos- bility of expansion in the fishery. Inci- session of regulated species; dental catch in exempted fisheries (B) A limit on the possession of under this paragraph (a)(8)(ii) are sub- monkfish or monkfish parts of 10 per- ject, at a minimum, to the following cent, by weight, of all other species on restrictions: board or as specified by § 648.94(c)(3), (A) A prohibition on the possession of (4), (5) or (6), as applicable, whichever regulated multispecies that are over- is less; fished or where overfishing is occur- (C) A limit on the possession of lob- ring; sters of 10 percent, by weight, of all (B) A prohibition on the possession of other species on board or 200 lobsters, regulated species in NE multispecies whichever is less; and closure areas; and (D) A limit on the possession of skate (C) A prohibition on allowing an ex- or skate parts in the SNE Exemption empted fishery to occur that would Area described in paragraph (b)(10) of allow retention of a regulated multi- this section of 10 percent, by weight, of species stock under an ongoing rebuild- all other species on board. ing program, unless it can be deter- (9) Small Mesh Area 1/Small Mesh Area mined that the catch of the stock in 2—(i) Description. (A) Unless otherwise the exempted fishery is not likely to prohibited in § 648.81, § 648.370, or result in exceeding the rebuilding mor- § 648.371, a vessel subject to the min- tality rate. imum mesh size restrictions specified (iii) For exemptions allowing no inci- in paragraph (a)(3) or (4) of this section dental catch of regulated species, as may fish with or possess nets with a defined under paragraph (a)(8)(i) of this mesh size smaller than the minimum section, the NEFMC may recommend size, provided the vessel complies with

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the requirements of paragraph (a)(5)(ii) their trawl gear is designed as specified or (a)(9)(ii) of this section, and in paragraphs (a)(9)(ii)(A) through (D) § 648.86(d), from July 15 through No- of this section and is towed so that it vember 15, when fishing in Small Mesh does not come into contact with the Area 1; and from January 1 through ocean bottom. June 30, when fishing in Small Mesh (A) Eight-inch (20.3-cm) diameter Area 2. While lawfully fishing in these floats must be attached to the entire areas with mesh smaller than the min- length of the headrope, with a max- imum size, an owner or operator of any imum spacing of 4 ft (122.0 cm) between vessel may not fish for, possess on floats. board, or land any species of fish other (B) The ground gear must all be bare than: Silver hake and offshore hake, wire not larger than 1⁄2 inch (1.2 cm) for combined, and red hake—up to the the top leg, not larger than 5⁄8 inch (1.6 amounts specified in § 648.86(d); cm) for the bottom leg, and not larger butterfish, Atlantic mackerel, or squid, than 3⁄4 inch (1.9 cm) for the ground ca- up the amounts specified in § 648.26; bles. The top and bottom legs must be spiny dogfish, up to the amount speci- equal in length, with no extensions. fied in § 648.235; Atlantic herring, up to The total length of ground cables and the amount specified in § 648.204; and legs must not be greater than 40 fath- scup, up to the amount specified in oms (73 m) from the doors to wing ends. § 648.128. (C) The footrope must be longer than (B) Small-mesh Areas 1 and 2 are de- the length of the headrope, but not fined by straight lines connecting the more than 20 ft (6.1 m) longer than the following points in the order stated length of the headrope. The footrope (copies of a chart depicting these areas must be rigged so that it does not con- are available from the Regional Ad- tact the ocean bottom while fishing. ministrator upon request): (D) The raised footrope trawl may be used with or without a chain sweep. If SMALL MESH AREA I used without a chain sweep, the drop 3 Point N. lat. W. long. chains must be a maximum of ⁄8-inch (0.95-cm) diameter bare chain and must SM1 ...... 43°03′ 70°27′ be hung from the center of the footrope SM2 ...... 42°57′ 70°22′ SM3 ...... 42°47′ 70°32′ and each corner (the quarter, or the SM4 ...... 42°45′ 70°29′ junction of the bottom wing to the SM5 ...... 42°43′ 70°32′ belly at the footrope). Drop chains SM6 ...... 42°44′ 70°39′ SM7 ...... 42°49′ 70°43′ must be hung at intervals of 8 ft (2.4 m) SM8 ...... 42°50′ 70°41′ along the footrope from the corners to SM9 ...... 42°53′ 70°43′ the wing ends. If used with a chain SM10 ...... 42°55′ 70°40′ SM11 ...... 42°59′ 70°32′ sweep, the sweep must be rigged so it is SM1 ...... 43°03′ 70°27′ behind and below the footrope, and the footrope is off the bottom. This is ac- SMALL MESH AREA II complished by having the sweep longer than the footrope and having long drop Point N. lat. W. long. chains attaching the sweep to the SM13 ...... 43°05.6′ 69°55′ footrope at regular intervals. The for- SM14 ...... 43°10.1′ 69°43.3′ ward end of the sweep and footrope SM15 ...... 42°49.5′ 69°40′ must be connected to the bottom leg at SM16 ...... 42°41.5′ 69°40′ SM17 ...... 42°36.6′ 69°55′ the same point. This attachment, in SM13 ...... 43°05.6′ 69°55′ conjunction with the headrope flota- tion, keeps the footrope off the bottom. (ii) Raised footrope trawl. Vessels fish- The sweep and its rigging, including ing in the Small Mesh Areas I and II drop chains, must be made entirely of Exemption Programs described in bare chain with a maximum diameter § 648.80(a)(9)) must configure the ves- of 5⁄16 inches (0.8 cm). No wrapping or sel’s gear with a raised footrope trawl, cookies are allowed on the drop chains configured in such a way that, when or sweep. The total length of the sweep towed, the gear is not in contact with must be at least 7 ft (2.1 m) longer than the ocean bottom. Vessels are pre- the total length of the footrope, or 3.5 sumed to be fishing in such a manner if ft (1.1 m) longer on each side. Drop

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chains must connect the footrope to vided under paragraph (a)(10)(i)(D) of the sweep chain, and the length of each this section. drop chain must be at least 42 inches (B) Fishing is confined to June 1 (106.7 cm). One drop chain must be through October 15. hung from the center of the footrope to (C) When transiting the GOM or GB the center of the sweep, and one drop Regulated Mesh Areas, specified under chain must be hung from each corner. paragraphs (a)(1) and (2) of this section, The attachment points of each drop any nets with a mesh size smaller than chain on the sweep and the footrope the minimum mesh size specified in must be the same distance from the paragraphs (a)(3) and (4) of this section center drop chain attachments. Drop must be stowed and not available for chains must be hung at intervals of 8 ft immediate use as defined in § 648.2. (2.4 m) from the corners toward the (D) Incidental species provisions. The wing ends. The distance of the drop following species may be possessed and chain that is nearest the wing end to landed, with the restrictions noted, as the end of the footrope may differ from allowable incidental species in the net to net. However, the sweep must be Nantucket Shoals Dogfish Fishery Ex- at least 3.5 ft (1.1m) longer than the emption Area: Longhorn sculpin; silver footrope between the drop chain closest hake—up to 200 lb (90.7 kg); monkfish to the wing ends and the end of the and monkfish parts—up to 10 percent, sweep that attaches to the wing end. by weight, of all other species on board (10) Nantucket Shoals Dogfish Fishery or up to 50 lb (23 kg) tail-weight/166 lb Exemption Area. Vessels subject to the (75 kg) whole-weight of monkfish per minimum mesh size restrictions speci- trip, as specified in § 648.94(c)(4), which- fied in paragraph (a)(3) or paragraph ever is less; American lobster—up to 10 (a)(4) of this section may fish with, use, percent, by weight, of all other species or possess nets of mesh smaller than on board or 200 lobsters, whichever is the minimum size specified in the Nan- less, unless otherwise restricted by tucket Shoals Dogfish Fishery Exemp- landing limits specified in § 697.17 of tion Area, if the vessel complies with this chapter; and skate or skate parts— the requirements specified in para- up to 10 percent, by weight, of all other graph (a)(10)(i) of this section. The species on board. Nantucket Shoals Dogfish Fishery Ex- emption Area (copies of a map depict- (E) A vessel fishing in the Nantucket ing this area are available from the Re- Shoals Dogfish Fishery Exemption gional Administrator upon request) is Area, under the exemption, must com- defined by straight lines connecting ply with any additional gear restric- the following points in the order stat- tions specified in the letter of author- ed: ization issued by the Regional Admin- istrator. NANTUCKET SHOALS DOGFISH EXEMPTION AREA (ii) Sea sampling. The Regional Ad- ministrator may conduct periodic sea Point N. lat. W. long. sampling to determine if there is a NS1 ...... 41°45′ 70°00′ need to change the area or season des- NS2 ...... 41°45′ 69°20′ ignation, and to evaluate the bycatch NS3 ...... 41°30′ 69°20′ of regulated species. Cl1 ...... 41°30′ 69°23′ (11) [Reserved] NS5 ...... 41°26.5′ 69°20′ NS6 ...... 40°50′ 69°20′ (12) Nantucket Shoals Mussel and Sea NS7 ...... 40°50′ 70°00′ Urchin Dredge Exemption Area. Unless NS1 ...... 41°45′ 70°00′ otherwise prohibited in § 648.81, § 648.370, or § 648.371, a vessel may fish (i) Requirements. (A) A vessel fishing with a dredge in the Nantucket Shoals in the Nantucket Shoals Dogfish Fish- Mussel and Sea Urchin Dredge Exemp- ery Exemption Area, under the exemp- tion Area, provided that any dredge on tion, must have on board a letter of au- board the vessel does not exceed 8 ft thorization issued by the Regional Ad- (2.4 m), measured at the widest point in ministrator and may not fish for, pos- the bail of the dredge, and the vessel sess on board, or land any species of does not fish for, harvest, possess, or fish other than dogfish, except as pro- land any species of fish other than

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and sea urchins. The area co- an amount not to exceed 10 percent by ordinates of the Nantucket Shoals weight of the total catch on board, or Mussel and Sea Urchin Dredge Exemp- 200 lobsters, whichever is less. tion Area are the same coordinates as (B) All gillnets must have a min- those of the Nantucket Shoals Dogfish imum mesh size of 6.5-inch (16.5-cm) di- Fishery Exemption Area specified in amond mesh throughout the net. paragraph (a)(10) of this section. (C) Fishing is confined to July 1 (13) GOM/GB Dogfish and Monkfish through August 31. Gillnet Fishery Exemption Area. Unless (ii) [Reserved] otherwise prohibited in § 648.81, (15) Raised Footrope Trawl Exempted § 648.370, or § 648.371, a vessel may fish Whiting Fishery. Unless otherwise pro- with gillnets in the GOM/GB Dogfish hibited in § 648.370 or § 648.371, vessels and Monkfish Gillnet Fishery Exemp- subject to the minimum mesh size re- tion Area when not under a NE multi- strictions specified in paragraphs (a)(3) species DAS if the vessel complies with or (4) of this section may fish with, use, the requirements specified in para- or possess nets in the Raised Footrope graph (a)(13)(i) of this section. The Trawl Whiting Fishery area with a GOM/GB Dogfish and Monkfish Gillnet mesh size smaller than the minimum Fishery Exemption Area is defined by size specified, if the vessel complies straight lines connecting the following with the requirements specified in points in the order stated: paragraph (a)(15)(i) of this section. This exemption does not apply to the Cashes N lat. W long. Ledge Closure Areas or the Western 41°35′ ...... 70°00′ GOM Area Closure specified in 42°49.5′ ...... 70°00′ § 648.81(a)(3) and (4), respectively. The 42°49.5′ ...... 69°40′ Raised Footrope Trawl Whiting Fish- 43°12′ ...... 69°00′ (1) ...... 69°00′ ery Area (copies of a chart depicting the area are available from the Re- 1 Due north to Maine shoreline. gional Administrator upon request) is (i) Requirements. (A) A vessel fishing defined by straight lines connecting under this exemption may not fish for, the following points in the order stat- possess on board, or land any species of ed: fish other than monkfish, or lobsters in an amount not to exceed 10 percent by RAISED FOOTROPE TRAWL WHITING FISHERY weight of the total catch on board, or EXEMPTION AREA 200 lobsters, whichever is less. [September 1 through November 20] (B) All gillnets must have a min- Point N lat. W long. imum mesh size of 10-inch (25.4-cm) di- amond mesh throughout the net. RF 1 ...... 42°14.05′ 70°08.8′ RF 2 ...... 42°09.2′ 69°47.8′ (C) Fishing is confined to July 1 RF 3 ...... 41°54.85′ 69°35.2′ through September 14. RF 4 ...... 41°41.5′ 69°32.85′ (ii) [Reserved] RF 5 ...... 41°39′ 69°44.3′ RF 6 ...... 41°45.6′ 69°51.8′ (14) GOM/GB Dogfish Gillnet Exemp- RF 7 ...... 41°52.3′ 69°52.55′ tion. Unless otherwise prohibited in RF 8 ...... 41°55.5′ 69°53.45′ § 648.81, § 648.370, or § 648.371, a vessel RF 9 ...... 42°08.35′ 70°04.05′ ° ′ ° ′ may fish with gillnets in the GOM/GB RF 10 ...... 42 04.75 70 16.95 RF 11 ...... 42°00′ 70°13.2′ Dogfish and Monkfish Gillnet Fishery RF 12 ...... 42°00′ 70°24.1′ Exemption Area when not under a NE RF 13 ...... 42°07.85′ 70°30.1′ multispecies DAS if the vessel com- RF 1 ...... 42°14.05′ 70°08.8′ plies with the requirements specified in paragraph (a)(14)(i) of this section. The RAISED FOOTROPE TRAWL WHITING FISHERY area coordinates of the GOM/GB EXEMPTION AREA Dogfish and Monkfish Gillnet Fishery [November 21 through December 31] Exemption Area are specified in para- Point N lat. W long. graph (a)(13) of this section. (i) Requirements. (A) A vessel fishing RF 1 ...... 42°14.05′ 70°08.8′ under this exemption may not fish for, RF 2 ...... 42°09.2′ 69°47.8′ RF 3 ...... 41°54.85′ 69°35.2′ possess on board, or land any species of RF 4 ...... 41°41.5′ 69°32.85′ fish other than dogfish, or lobsters in RF 5 ...... 41°39′ 69°44.3′

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RAISED FOOTROPE TRAWL WHITING FISHERY case of square mesh) from the terminus EXEMPTION AREA—Continued of the net for vessels greater than 60 ft [November 21 through December 31] (18.3 m) in length and is applied to the first 50 meshes (100 bars in the case of Point N lat. W long. square mesh) from the terminus of the RF 6 ...... 41°45.6′ 69°51.8′ net for vessels less than or equal to 60 RF 7 ...... 41°52.3′ 69°52.55′ ft (18.3 m) in length. RF 8 ...... 41°55.5′ 69°53.45′ RF 9 ...... 42°08.35′ 70°04.05′ (E) Raised footrope trawl gear is re- RF 1 ...... 42°14.05′ 70°08.8′ quired and must be configured as speci- fied in paragraphs (a)(9)(ii)(A) through (i) Requirements. (A) A vessel fishing (D) of this section. in the Raised Footrope Trawl Whiting (F) Fishing may only occur from Sep- Fishery under this exemption must tember 1 through November 20 of each have on board a valid letter of author- fishing year, except that it may occur ization issued by the Regional Admin- in the eastern portion only of the istrator. To obtain a letter of author- Raised Footrope Trawl Whiting Fish- ization, vessel owners must write to or ery Exemption Area from November 21 call during normal business hours the through December 31 of each fishing Northeast Region Permit Office and year. provide the vessel name, owner name, (G) A vessel enrolled in the Raised permit number, and the desired period Footrope Trawl Whiting Fishery may of time that the vessel will be enrolled. fish for small-mesh multispecies in ex- Since letters of authorization are effec- empted fisheries outside of the Raised tive the day after they are requested, Footrope Trawl Whiting Fishery ex- vessel owners should allow appropriate emption area, provided that the vessel processing and mailing time. To with- complies with the more restrictive draw from a category, vessel owners gear, possession limit and other re- must write to or call the Northeast Re- quirements specified in the regulations gion Permit Office. Withdrawals are ef- of that exempted fishery for the entire fective the day after the date of re- participation period specified on the quest. Withdrawals may occur after a vessel’s letter of authorization. For ex- minimum of 7 days of enrollment. ample, a vessel may fish in both the (B) All nets must be no smaller than Raised Footrope Trawl Whiting Fish- a minimum mesh size of 2.5-in (6.35-cm) ery and the Cultivator Shoal Whiting square or diamond mesh, subject to the Fishery Exemption Area, and would be restrictions as specified in paragraph restricted to a minimum mesh size of 3 (a)(15)(i)(D) of this section. An owner or inches (7.6 cm), as required in the Cul- operator of a vessel enrolled in the tivator Shoal Whiting Fishery Exemp- raised footrope whiting fishery may tion Area; the use of the raised not fish for, possess on board, or land footrope trawl; and the catch and by- any species of fish other than silver catch restrictions of the Raised hake, offshore hake, and red hake, sub- Footrope Trawl Whiting Fishery, ex- ject to the applicable possession limits cept for scup. as specified in § 648.86(d), except for the (ii) Sea sampling. The Regional Ad- following allowable incidental species: ministrator shall conduct periodic sea Butterfish, Atlantic mackerel, and sampling to evaluate the bycatch of squid, up to the amounts specified in regulated species. § 648.26; scup, up to the amount speci- (16) GOM Grate Raised Footrope Trawl fied in § 648.128; spiny dogfish, up to the Exempted Whiting Fishery. Unless other- amount specified in § 648.235, and Atlan- wise prohibited in § 648.370 or § 648.371, tic herring, up to the amount specified vessels subject to the minimum mesh in § 648.204. size restrictions specified in paragraphs (C) [Reserved] (a)(3) or (4) of this section may fish (D) All nets must comply with the with, use, and possess in the GOM minimum mesh sizes specified in para- Grate Raised Footrope Trawl Whiting graphs (a)(15)(i)(B) of this section. Fishery area from July 1 through No- Counting from the terminus of the net, vember 30 of each year, nets with a the minimum mesh size is applied to mesh size smaller than the minimum the first 100 meshes (200 bars in the size specified, if the vessel complies

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with the requirements specified in Fishery may fish for, possess, and land paragraphs (a)(16)(i) and (ii) of this sec- combined silver hake and offshore hake tion. The GOM Grate Raised Footrope only up to 7,500 lb (3,402 kg). An owner Trawl Whiting Fishery Area (copies of or operator fishing with mesh larger a chart depicting the area are available than the minimum mesh size specified from the Regional Administrator upon in paragraph (a)(16)(i)(A) of this section request) is defined by straight lines may not fish for, possess, or land silver connecting the following points in the hake or offshore hake in quantities order stated: larger than 7,500 lb (3,402 kg). (ii) Gear specifications. In addition to GOM GRATE RAISED FOOTROPE TRAWL the requirements specified in para- WHITING FISHERY EXEMPTION AREA graph (a)(16)(i) of this section, an [July 1 through November 30] owner or operator of a vessel fishing in the GOM Grate Raised Footrope Trawl Point N lat. W long. Exempted Whiting Fishery must con- GRF1 ...... 43°15′ 70°35.4′ figure the vessel’s trawl gear as speci- GRF2 ...... 43°15′ 70°00′ fied in paragraphs (a)(16)(ii)(A) through GRF3 ...... 43°25.2′ 70°00′ GRF4 ...... 43°41.8′ 69°20′ (C) of this section. GRF5 ...... 43°58.8′ 69°20′ (A) An owner or operator of a vessel fishing in the GOM Grate Raised (i) Mesh requirements and possession Footrope Trawl Exempted Whiting restrictions. (A) All nets must comply Fishery must configure the vessel’s with a minimum mesh size of 2.5-in gear with a raised footrope trawl as (6.35-cm) square or diamond mesh, sub- specified in paragraphs (a)(9)(ii)(A) ject to the restrictions specified in through (C) of this section. In addition, paragraph (a)(16)(i)(B) of this section. the restrictions specified in paragraphs An owner or operator of a vessel par- (a)(16)(ii)(B) and (C) of this section ticipating in the GOM Grate Raised apply to vessels fishing in the GOM Footrope Trawl Exempted Whiting Grate Raised Footrope Trawl Exempt- Fishery may not fish for, possess on ed Whiting Fishery. board, or land any species of fish, other (B) The raised footrope trawl must be than silver hake and offshore hake, used without a sweep of any kind subject to the applicable possession (chain, roller frame, or rockhopper). limits as specified in paragraph The drop chains must be a maximum of (a)(16)(i)(C) of this section, and red 3⁄8-inch (0.95 cm) diameter bare chain hake, subject to the possession limit and must be hung from the center of specified in § 648.86, except for the fol- the footrope and each corner (the quar- lowing allowable incidental species: ter, or the junction of the bottom wing Butterfish, Atlantic mackerel, and to the belly at the footrope). Drop squid, up to the amounts specified in chains must be at least 42 inches (106.7 § 648.26; Atlantic herring, up to the cm) in length and must be hung at in- amount specified in § 648.204; and ale- tervals of 8 ft (2.4 m) along the footrope wife. from the corners to the wing ends. (B) All nets must comply with the (C) The raised footrope trawl net minimum mesh size specified in para- must have a rigid or semi-rigid grate graph (a)(16)(i)(A) of this section. consisting of parallel bars of not more Counting from the terminus of the net, than 50 mm (1.97 inches) spacing that the minimum mesh size is applied to excludes all fish and other objects, ex- the first 100 meshes (200 bars in the cept those that are small enough to case of square mesh) from the terminus pass between its bars into the codend of the net for vessels greater than 60 ft of the trawl. The grate must be secured (18.3 m) in length and is applied to the in the trawl, forward of the codend, in first 50 meshes (100 bars in the case of such a manner that it precludes the square mesh) from the terminus of the passage of fish or other objects into the net for vessels less than or equal to 60 codend without the fish or objects hav- ft (18.3 m) in length. ing to first pass between the bars of the (C) An owner or operator of a vessel grate. The net must have an outlet or participating in the GOM Grate Raised hole to allow fish or other objects that Footrope Trawl Exempted Whiting are too large to pass between the bars

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of the grate to exit the net. The after- GULF OF MAINE/GEORGES BANK EXEMPTION most edge of this outlet or hole must AREA—Continued be at least as wide as the grate at the point of attachment. The outlet or hole Point N. latitude W. longitude must extend forward from the grate to- G12 ...... (1) 70°00′ ward the mouth of the net. A funnel of 1Northward to its intersection with the shoreline of mainland net material is allowed in the length- Massachusetts. ening piece of the net forward of the grate to direct catch towards the grate. (18) [Reserved] (iii) Annual review. On an annual (19) Cape Cod Spiny Dogfish Exemption basis, the Groundfish PDT will review Areas. Unless otherwise prohibited in data from this fishery, including sea § 648.370 or § 648.371, vessels issued a NE sampling data, to determine whether multispecies limited access permit adjustments are necessary to ensure that have declared out of the DAS pro- that regulated species bycatch remains gram as specified in § 648.10, or that at a minimum. If the Groundfish PDT have used up their DAS allocations, recommends adjustments to ensure may fish in the Eastern or Western that regulated species bycatch remains Cape Cod Spiny Dogfish Exemption at a minimum, the Council may take Area as defined under paragraphs action prior to the next fishing year (a)(19)(i) and (ii) of this section, when through the framework adjustment not under a NE multispecies or scallop process specified in § 648.90(c), and in DAS, provided the vessel complies with accordance with the Administrative the requirements for the Eastern or Procedure Act. Western area, specified in paragraphs (17) GOM/GB Exemption Area—Area (a)(19)(i) and (ii) of this section, respec- definition. The GOM/GB Exemption tively. Area (copies of a map depicting this (i) Eastern area definition. The East- area are available from the Regional ern Cape Cod Spiny Dogfish Exemption Administrator upon request) is that Area is defined by the straight lines area: connecting the following points in the (i) Bounded on the east by the U.S.- order stated (copies of a chart depict- Canada maritime boundary, defined by ing the area are available from the Re- straight lines connecting the following gional Administrator upon request): points in the order stated: Eastern Cape Cod Spiny Dogfish Ex- emption Area [June 1 through Decem- GULF OF MAINE GEORGES BANK EXEMPTION ber 31, unless otherwise specified in AREA paragraph (a)(19)(i)(A) of this section]

Point N. lat. W. long. Point N. latitude W. longitude

G1 ...... (1) (1) CCD 1 ...... 42/00′ 70/00′ G2 ...... 43°58′ 67°22′ CCD 2 ...... 42/00′ 69/47.5′ ° ′ ° ′ G3 ...... 42 53.1 67 44.4 CCD 3 ...... 41/40′ 69/47.5′ ° ′ ° ′ G4 ...... 42 31 67 28.1 CCD 4 ...... 41/29.5′ 69/35.5′ ° ′ ° ′ G5 ...... 41 18.6 66 24.8 CCD 5 ...... 41/29.5′ 69/23′ 1The intersection of the shoreline and the U.S.-Canada CCD 6 ...... 41/26′ 69/20′ Maritime Boundary CCD 7 ...... 41/20′ 69/20′ CCD 8 ...... 41/20′ (1) (ii) Bounded on the south by straight CCD 9 ...... (2) 70/00′ lines connecting the following points in CCD 10 ...... (3) 70/00′ the order stated: CCD 11 ...... (4) 70/00′ CCD 1 ...... 42/00′ 70/00′ GULF OF MAINE/GEORGES BANK EXEMPTION 1 The eastern coastline of Nantucket, MA at 41°20′ N. lat. AREA 2 The northern coastline of Nantucket, MA at 70°00′ W. long. 3 The southern coastline of Cape Cod, MA at 70°00′ W. Point N. latitude W. longitude long., then along the eastern coastline of Cape Cod, MA to Point—11 G6 ...... 40°55.5′ 66°38′ 4 The northern coastline of Cape Cod, MA, at 70°00′ W. G7 ...... 40°45′ 68°00′ long. G8 ...... 40°37′ 68°00′ G9 ...... 40°30′ 69°00′ (A) Requirements. (1) A vessel fishing NL3 ...... 40°22.7′ 69°00′ in the Eastern Cape Cod Spiny Dogfish NL2 ...... 40°18.7′ 69°40′ NL1 ...... 40°50′ 69°40′ Exemption Area specified in this para- G11 ...... 40°50′ 70°00′ graph (a)(19) may not fish for, possess

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on board, or land any NE regulated spe- the NE multispecies DAS program or cies in accordance with the require- on a sector trip in the SNE Regulated ments of paragraph (a)(19) of this sec- Mesh Area is 6-inch (15.2-cm) diamond tion. mesh or 6.5-inch (16.5-cm) square mesh, (2) Vessels may use gillnet gear, as applied throughout the body and exten- specified in § 648.80(a)(4)(iv), or longline sion of the net, or any combination gear as specified in § 648.80(a)(4)(v), thereof, and 6.5-inch (16.5-cm) square or from June 1 through December 31. diamond mesh applied to the codend of (3) Vessels may use handgear from the net, as defined in paragraph June 1 through August 31. (a)(3)(i) of this section. This restriction (B) [Reserved] does not apply to nets or pieces of nets (ii) Western area definition. The West- smaller than 3 ft (0.9 m) × 3 ft (0.9 m), ern Cape Cod Spiny Dogfish Exemption (9 sq ft (0.81 sq m)), or to vessels that Area is bounded on the north by 42°11.5′ have not been issued a NE multispecies N. lat., bounded on the east by 70°00 W. permit and that are fishing exclusively long., and bounded on the south and in state waters. west by the coast of Massachusetts (ii) Vessels using Scottish seine, (copies of a chart depicting the area midwater trawl, and purse seine. Except are available from the Regional Ad- as provided in paragraphs (b)(2)(ii) and ministrator upon request). (vi) of this section, the minimum mesh (A) Requirements. (1) A vessel fishing size for any Scottish seine, midwater in the Western Cape Cod Spiny Dogfish trawl, or purse seine, not stowed and Exemption Area specified in this para- not available for immediate use as de- graph (a)(19) may not fish for, possess fined in § 648.2, on a vessel or used by a on board, or land any NE regulated spe- vessel fishing under a DAS in the NE cies in accordance with the require- multispecies DAS program in the SNE ments of paragraph (a)(19) of this sec- Regulated Mesh Area is 6-inch (15.2-cm) tion. diamond mesh or 6.5-inch (16.5-cm) (2) Vessels may use longline gear as square mesh applied throughout the specified in § 648.80(a)(4)(v), and net, or any combination thereof. This handgear from June 1 through August restriction does not apply to nets or 31. pieces of nets smaller than 3 ft (0.9 m) (B) [Reserved] × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to (b) Southern New England (SNE) Regu- vessels that have not been issued a NE lated Mesh Area—(1) Area definition. The multispecies permit and that are fish- SNE Regulated Mesh Area (copies of a ing exclusively in state waters. map depicting this area are available (iii) Large-mesh vessels. When fishing from the Regional Administrator upon in the SNE Regulated Mesh Area, the request) is that area: minimum mesh size for any trawl net (i) Bounded on the east by the west- vessel, or sink gillnet, not stowed and ern boundary of the GB Regulated not available for immediate use as de- Mesh Area described under paragraph fined in § 648.2 on a vessel or used by a (a)(2)(iii) of this section; and vessel fishing under a DAS in the (ii) Bounded on the west by a line be- Large-mesh DAS program, specified in ginning at the intersection of 74°00′ W. § 648.82(b)(4), is 8.5-inch (21.6-cm) dia- long. and the south facing shoreline of mond or square mesh throughout the Long Island, NY, and then running entire net. This restriction does not southward along the 74°00′ W. long. apply to nets or pieces of nets smaller line. than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (2) Gear restrictions—(i) Vessels using (0.81 sq m)), or to vessels that have not trawls. Except as provided in para- been issued a NE multispecies permit graphs (b)(2)(i) and (vi) of this section, and that are fishing exclusively in and § 648.85(b)(6), and unless otherwise state waters. restricted under paragraph (b)(2)(iii) of (iv) Gillnet vessels. For Day and Trip this section, the minimum mesh size gillnet vessels, the minimum mesh size for any trawl net, not stowed and not for any sink gillnet not stowed and not available for immediate use as defined available for immediate use as defined in § 648.2, except midwater trawl, on a in § 648.2, when fishing under a DAS in vessel or used by a vessel fishing under the NE multispecies DAS program or

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on a sector trip in the SNE Regulated hauling back, per day, or possessing on Mesh Area, is 6.5 inches (16.5 cm) board the vessel, more than 2,000 rigged throughout the entire net. This restric- hooks. All longline gear hooks must be tion does not apply to nets or pieces of circle hooks, of a minimum size of 12/0. nets smaller than 3 ft (0.9 m) x 3 ft (0.9 An unabated hook and gangions that m), (9 sq ft (0.81 sq m)), to vessels fish- has not been secured to the ground line ing with gillnet gear under a monkfish- of the trawl on board a vessel is only DAS in the SNE Dogfish Gillnet deemed to be a replacement hook and Exemption Area in accordance with the is not counted toward the 2,000-hook provisions specified under paragraph limit. A ‘‘snap-on’’ hook is deemed to (b)(7)(i)(A) of this section; to vessels be a replacement hook if it is not fishing with gillnet gear under a rigged or baited. The use of de-hookers monkfish-only DAS in the Mid-Atlan- (‘‘crucifer’’) with less than 6-inch (15.2- tic Exemption Area in accordance with cm) spacing between the fairlead roll- the provisions specified under para- ers is prohibited. Vessels fishing with a graph (c)(5)(ii) of this section; or to valid NE multispecies limited access vessels that have not been issued a NE Hook Gear permit and fishing under a multispecies permit and that are fish- multispecies DAS in the SNE Regu- ing exclusively in state waters. Day lated Mesh Area, and persons on such gillnet vessels must also abide by the vessels, are prohibited from possessing tagging requirements in paragraph gear other than hook gear on board the (a)(3)(iv)(C) of this section. vessel. Vessels fishing with a valid NE (A) Trip gillnet vessels. A Trip gillnet multispecies limited access Handgear vessel fishing under a NE multispecies A permit are prohibited from fishing, DAS or on a sector trip and fishing in or possessing on board the vessel, gears the SNE Regulated Mesh Area may not other than handgear. Vessels fishing fish with nets longer than 300 ft(91.4 with tub-trawl gear are prohibited m), or 50 fathoms (91.4 m) in length. from fishing, setting, or hauling back, (B) Day gillnet vessels—(1) Number of per day, or possessing on board the ves- nets. A Day gillnet vessel fishing under sel more than 250 hooks. a NE multispecies DAS or on a sector (vi) Other restrictions and exemptions. trip and fishing in the SNE Regulated A vessel is prohibited from fishing in Mesh Area may not fish with, haul, the SNE Exemption Area, as defined in possess, or deploy more than 75 nets, paragraph (b)(10) of this section, except except as provided in § 648.92(b)(8)(i). if fishing with exempted gear (as de- Such vessels may stow additional nets fined under this part) or under the ex- in accordance with the definition of emptions specified in paragraphs (b)(3), not available for immediate use as de- (b)(5) through (9), (b)(12), (c), (e), (h), fined in § 648.2 not to exceed 150 nets, and (i) of this section; or if fishing counting the deployed net. under a NE multispecies DAS; or if (2) Net size requirements. Nets may not fishing on a sector trip; or if fishing be longer than 300 ft (91.4 m), or 50 fath- under the Small Vessel or Handgear A oms (91.4 m), in length. permit specified in § 648.82(b)(5) and (6), (3) Tags. Roundfish or flatfish gillnets respectively; or if fishing under a must be tagged with two tags per net, Handgear B permit specified in with one tag secured to each bridle of § 648.88(a); or if fishing under a scallop every net within a string of nets. state waters exemption specified in (C) Obtaining and replacing tags. See § 648.54; or if fishing under a scallop paragraph (a)(3)(iv)(C) of this section. DAS or General Category scallop per- (v) Hook gear restrictions. Unless oth- mit in accordance with paragraph (h) erwise specified in this paragraph of this section; or if fishing pursuant to (b)(2)(v), vessels fishing with a valid NE a NE multispecies open access Charter/ multispecies limited access permit and Party or Handgear permit specified in fishing under a NE multispecies DAS, § 648.88; or if fishing as a charter/party and vessels fishing with a valid NE or private recreational vessel in com- multispecies limited access Small-Ves- pliance with the regulations specified sel permit, in the SNE Regulated Mesh in § 648.89. Any gear on a vessel, or used Area, and persons on such vessels, are by a vessel, in this area must be au- prohibited from fishing, setting, or thorized under one of these exemptions

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or must be stowed and not available for 200 lobsters, whichever is less; and immediate use as defined in § 648.2. skate and skate parts (except for (3) Exemptions—(i) Species exemption. barndoor skate and other prohibited Unless otherwise restricted in § 648.86, skate species (see §§ 648.14(v)(2) and owners and operators of vessels subject 648.322(g))—up to 10 percent, by weight, to the minimum mesh size restrictions of all other species on board. specified in paragraphs (a)(4) and (b)(2) (4) Addition or deletion of exemptions. of this section may fish for, harvest, Same as in paragraph (a)(8) of this sec- possess, or land butterfish, dogfish tion. (caught by trawl only), herring, Atlan- (5) SNE Monkfish and Skate Trawl Ex- tic chub mackerel, Atlantic mackerel, emption Area. Unless otherwise required ocean pout, scup, shrimp, squid, sum- or prohibited by monkfish or skate reg- mer flounder, silver hake and offshore ulations under this part, a vessel may hake, and weakfish with nets of a mesh fish with trawl gear in the SNE size smaller than the minimum size Monkfish and Skate Trawl Fishery Ex- specified in the GB and SNE Regulated emption Area when not operating Mesh Areas when fishing in the SNE under a NE multispecies DAS if the Exemption Area defined in paragraph vessel complies with the requirements (b)(10) of this section, provided such specified in paragraph (b)(5)(i) of this vessels comply with requirements spec- section, and the monkfish and skate ified in paragraph (b)(3)(ii) of this sec- regulations, as applicable, under this tion and with the mesh size and posses- part. The SNE Monkfish and Skate sion limit restrictions specified under Trawl Fishery Exemption Area is de- § 648.86(d). fined as the area bounded on the north (ii) Possession and net stowage require- by a line extending eastward along ments. Vessels may possess regulated 40°10′ N. lat., and bounded on the west species while in possession of nets with by the western boundary of the SNE mesh smaller than the minimum size Exemption Area as defined in para- specified in paragraphs (a)(4) and (b)(2) graph (b)(10)(ii) of this section. of this section when fishing in the SNE (i) Requirements. (A) A vessel fishing Exemption Area defined in paragraph under this exemption may only fish (b)(10) of this section, provided that for, possess on board, or land monkfish such nets are stowed and are not avail- and incidentally caught species up to able for immediate use as defined in the amounts specified in paragraph § 648.2, and provided that regulated spe- (b)(3) of this section. cies were not harvested by nets of mesh (B) All trawl nets must comply with size smaller than the minimum mesh the minimum mesh size specified under size specified in paragraphs (a)(4) and § 648.91(c)(1)(i). (b)(2) of this section. Vessels fishing for (C) A vessel not operating under a the exempted species identified in multispecies DAS may fish for, possess paragraph (b)(3)(i) of this section may on board, or land skates, provided: also possess and retain the following (1) The vessel is called into the species, with the restrictions noted, as monkfish DAS program (§ 648.92) and incidental take to these exempted fish- complies with the skate possession eries: Conger eels; sea robins; black sea limit restrictions at § 648.322; bass; red hake; tautog (blackfish); (2) The vessel has a valid letter of au- blowfish; cunner; John Dory; mullet; thorization on board to fish for skates bluefish; tilefish; longhorn sculpin; as bait, and complies with the require- fourspot flounder; alewife; hickory ments specified at § 648.322(c); or shad; American shad; blueback herring; (3) The vessel possesses and/or lands sea raven; Atlantic croaker; spot; skates or skate parts in an amount not swordfish; monkfish and monkfish to exceed 10 percent by weight of all parts—up to 10 percent, by weight, of other species on board as specified at all other species on board or up to 50 lb paragraph (b)(3) of this section. (23 kg) tail-weight/166 lb (75 kg) whole (ii) [Reserved] weight of monkfish per trip, as speci- (6) SNE Monkfish and Skate Gillnet Ex- fied in § 648.94(c)(4), whichever is less; emption Area. Unless otherwise required American lobster—up to 10 percent, by by monkfish regulations under this weight, of all other species on board or part, a vessel may fish with gillnet

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gear in the SNE Monkfish and Skate Area when not operating under a NE Gillnet Fishery Exemption Area when multispecies DAS if the vessel com- not operating under a NE multispecies plies with the requirements specified in DAS if the vessel complies with the re- paragraph (b)(7)(i) of this section and quirements specified in paragraph the applicable dogfish regulations (b)(6)(i) of this section; the monkfish under subpart L of this part. The SNE regulations, as applicable, under Dogfish Gillnet Fishery Exemption §§ 648.91 through 648.94; and the skate Area is defined by a line running from regulations, as applicable, under §§ 648.4 the Massachusetts shoreline at 41°35′ N. and 648.322. The SNE Monkfish and lat. and 70°00′ W. long., south to its Skate Gillnet Fishery Exemption Area intersection with the outer boundary is defined by a line running from the of the EEZ, southwesterly along the Massachusetts shoreline at 41°35′ N. lat. outer boundary of the EEZ, and bound- and 70°00′ W. long., south to its inter- ed on the west by the western boundary section with the outer boundary of the of the SNE Exemption Area as defined EEZ, southwesterly along the outer in paragraph (b)(10)(ii) of this section. boundary of the EEZ, and bounded on (i) Requirements. (A) A vessel fishing the west by the western boundary of under the SNE Dogfish Gillnet Exemp- the SNE Exemption Area, as defined in tion may only fish for, possess on paragraph (b)(10)(ii) of this section. board, or land dogfish and the bycatch (i) Requirements. (A) A vessel fishing species and amounts specified in para- under the SNE Monkfish and Skate graph (b)(3) of this section, unless fish- Gillnet Exemption may only fish for, ing under a monkfish DAS. A vessel possess on board, or land monkfish as fishing under this exemption while on a specified in § 648.94(b), spiny dogfish up monkfish-only DAS may also fish for, to the amount specified in § 648.235, and possess on board, and land monkfish up other incidentally caught species up to to the amount specified in § 648.94. the amounts specified in paragraph (B) All gillnets must have a min- (b)(3) of this section. imum mesh size of 6-inch (15.2-cm) dia- (B) All gillnets must have a min- mond mesh throughout the net. A ves- imum mesh size of 10-inch (25.4-cm) di- sel fishing under this exemption while amond mesh throughout the net. on a monkfish-only DAS may not fish (C) All nets with a mesh size smaller with, possess, haul, or deploy more than the minimum mesh size specified than 50 roundfish gillnets, as defined in in paragraph (b)(6)(i)(B) of this section § 648.2. must be stowed and not available for (C) Fishing is confined to May 1 immediate use as defined in § 648.2. through October 31. (D) A vessel not operating under a (ii) [Reserved] NE multispecies DAS may fish for, pos- (8) SNE Mussel and Sea Urchin Dredge sess on board, or land skates, provided: Exemption. A vessel may fish with a (1) The vessel is called into the dredge in the SNE Exemption Area, as monkfish DAS program (§ 648.92) and defined in paragraph (b)(10) of this sec- complies with the skate possession tion, provided that any dredge on board limit restrictions at § 648.322; the vessel does not exceed 8 ft (2.4 m), (2) The vessel has a valid letter of au- measured at the widest point in the thorization on board to fish for skates bail of the dredge, and the vessel does as bait, and complies with the require- not fish for, harvest, possess, or land ments specified at § 648.322(c); or any species of fish other than mussels (3) The vessel possesses and/or lands and sea urchins. skates or skate parts in an amount not (9) SNE Little Tunny Gillnet Exemption to exceed 10 percent, by weight, of all Area. A vessel may fish with gillnet other species on board as specified at gear in the SNE Little Tunny Gillnet paragraph (b)(3) of this section. Exemption Area when not operating (ii) [Reserved] under a NE multispecies DAS with (7) SNE Dogfish Gillnet Exemption mesh size smaller than the minimum Area. Unless otherwise required by required in the SNE Regulated Mesh monkfish regulations under this part, a Area, if the vessel complies with the gillnet vessel may fish in the SNE requirements specified in paragraph Dogfish Gillnet Fishery Exemption (b)(9)(i) of this section. The SNE Little

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Tunny Gillnet Exemption Area is de- SOUTHERN NEW ENGLAND EXEMPTION AREA— fined by a line running from the Rhode Continued Island shoreline at 41°18.2′ N. lat. and 71°51.5′ W. long. (Watch Hill, RI), south- Point N. lat. W. long. westerly through Fishers Island, NY, to NL1 ...... 40°50′ 69°40′ Race Point, Fishers Island, NY; and G11 ...... 40°50′ 70°00′ from Race Point, Fishers Island, NY, G12 ...... 70°00′ 1 southeasterly to 41°06.5′ N. lat. and 1 Northward to its intersection with the shoreline of mainland 71°50.2′ W. long.; east-northeastly Massachusetts. ° ′ through Block Island, RI, to 41 15 N. (ii) Bounded on the west by a line ° ′ lat. and 71 07 W. long.; then due north running from the Rhode Island shore- to the intersection of the RI-MA shore- line at 41°18.2′ N. lat. and 71°51.5′ W. line. long. (Watch Hill, RI), southwesterly (i) Requirements. (A) A vessel fishing through Fishers Island, NY, to Race under this exemption may fish only Point, Fishers Island, NY; and from for, possess on board, or land little Race Point, Fishers Island, NY; south- tunny and the allowable incidental spe- easterly to the intersection of the 3- cies and amounts specified in para- nautical mile line east of Montauk graph (b)(3) of this section and, if appli- Point; southwesterly along the 3-nau- cable, paragraph (b)(9)(i)(B) of this sec- tical mile line to the intersection of tion. Vessels fishing under this exemp- 72°30′ W. long.; and south along that tion may not possess regulated species. line to the intersection of the outer (B) A vessel may possess bonito as an boundary of the EEZ. allowable incidental species. (11) [Reserved] (C) The vessel must have a letter of authorization issued by the Regional (12) SNE Skate Bait Trawl Exemption Administrator on board. Area. Vessels issued an open access (D) All gillnets must have a min- skate permit and a skate bait Letter of imum mesh size of 5.5-inch (14.0-cm) di- Authorization as specified in § 648.322(c) amond mesh throughout the net. that have declared out of the DAS pro- (E) All nets with a mesh size smaller gram as specified in § 648.10, or that than the minimum mesh size specified have used up their DAS allocations, in paragraph (b)(9)(i)(D) of this section may fish in the SNE Skate Bait Trawl must be stowed and not available for Exemption Area as defined under para- immediate use as defined in § 648.2 graph (b)(12)(i) of this section, when while fishing under this exemption. not under a NE multispecies or scallop (F) Fishing is confined to September DAS, provided the vessel complies with 1 through October 31. the requirements specified in para- (ii) The Regional Administrator shall graph (b)(1)(ii) of this section. conduct periodic sea sampling to evalu- (i) Area definition. The SNE Skate ate the likelihood of gear interactions Bait Trawl Exemption Area is defined with protected resources. by the straight lines connecting the (10) SNE Exemption Area—Area defini- following points in the order stated tion. The SNE Exemption Area (copies (copies of a chart depicting the area of a map depicting this area are avail- are available from the Regional Ad- able from the Regional Administrator ministrator upon request): upon request) is that area: (i) Bounded on the east by straight SNE SKATE BAIT TRAWL EXEMPTION AREA lines connecting the following points in [July 1 through October 31] the order stated: Point N. lat. W. long.

SOUTHERN NEW ENGLAND EXEMPTION AREA SBT 1 ...... Southeastern MA ...... 71°00′ SBT 2 ...... 41°00′ ...... 71°00′ Point N. lat. W. long. SBT 3 ...... 41°00′ ...... 72°05′ SBT 4 ...... Southern CT ...... 72°05′ G5 ...... 41°18.6′ 66°24.8′ G6 ...... 40°55.5′ 66°38′ G7 ...... 40°45.5′ 68°00′ (ii) Requirements. (A) A vessel fishing G8 ...... 40°37′ 68°00′ in the SNE Skate Bait Trawl Exemp- G9 ...... 40°30.5′ 69°00′ NL3 ...... 40°22.7′ 69°00′ tion Area specified in this paragraph NL2 ...... 40°18.7′ 69°40′ (b)(12) may not fish for, possess on

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board, or land any NE regulated spe- multispecies permit and that are fish- cies. ing exclusively in state waters. (B) Vessels must use trawl gear, as (iii) Large-mesh vessels. When fishing specified in § 648.80(b)(2)(i). in the MA Regulated Mesh Area, the (C) Vessels must possess an active minimum mesh size for any trawl net skate bait letter of authorization vessel, or sink gillnet, not stowed and issued by the Regional Administrator, not available for immediate use as de- as specified in § 648.322(c) and fish pur- fined in § 648.2, on a vessel or used by a suant to the terms of authorization. vessel fishing under a DAS in the (D) Fishing may only occur from Large-mesh DAS program, specified in July 1 through October 31 of each fish- § 648.82(b)(4), is 7.5-inch (19.0-cm) dia- ing year. mond mesh or 8.0-inch (20.3-cm) square (c) Mid-Atlantic (MA) Regulated Mesh mesh, throughout the entire net. This Area—(1) Area definition. The MA Regu- restriction does not apply to nets or lated Mesh Area is that area bounded pieces of nets smaller than 3 ft (0.9 m) on the east by the western boundary of × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to the SNE Regulated Mesh Area, de- vessels that have not been issued a NE scribed under paragraph (b)(1)(ii) of multispecies permit and that are fish- this section. ing exclusively in state waters. (2) Gear restrictions—(i) Vessels using (iv) Hook gear restrictions. Unless oth- trawls. Except as provided in paragraph erwise specified in this paragraph (c)(2)(iii) of this section, and (c)(2)(iv), vessels fishing with a valid § 648.85(b)(6), the minimum mesh size NE multispecies limited access permit for any trawl net not stowed and not and fishing under a NE multispecies available for immediate use as defined DAS, and vessels fishing with a valid in § 648.2, on a vessel or used by a vessel NE multispecies limited access Small fishing under the NE multispecies DAS Vessel permit, in the MA Regulated program or on a sector trip in the MA Mesh Area, and persons on such ves- Regulated Mesh Area, shall be that sels, are prohibited from using de- specified by § 648.104(a), applied hookers (‘‘crucifer’’) with less than 6- throughout the body and extension of inch (15.2-cm) spacing between the the net, or any combination thereof, fairlead rollers. Vessels fishing with a and 6.5-inch (16.5-cm) diamond or valid NE multispecies limited access square mesh applied to the codend of Hook gear permit and fishing under a the net, as defined in paragraph NE multispecies DAS in the MA Regu- (a)(3)(i) of this section. This restriction lated Mesh Area, and persons on such does not apply to nets or pieces of nets vessels, are prohibited from possessing smaller than 3 ft (0.9 m) × 3 ft (0.9 m), gear other than hook gear on board the (9 sq ft (0.81 sq m)), or to vessels that vessel and are prohibited from fishing, have not been issued a NE multispecies setting, or hauling back, per day, or permit and that are fishing exclusively possessing on board the vessel, more in state waters. than 4,500 rigged hooks. An unabated (ii) Vessels using Scottish seine, hook and gangions that has not been midwater trawl, and purse seine. Except secured to the ground line of the trawl as provided in paragraph (c)(2)(iii) of on board a vessel is deemed to be a re- this section, the minimum mesh size placement hook and is not counted to- for any sink gillnet, Scottish seine, ward the 4,500-hook limit. A ‘‘snap-on’’ midwater trawl, or purse seine, not hook is deemed to be a replacement stowed and not available for immediate hook if it is not rigged or baited. Ves- use as defined in § 648.2, on a vessel or sels fishing with a valid NE multispe- used by a vessel fishing under a DAS in cies limited access Handgear permit the NE multispecies DAS program in are prohibited from fishing, or pos- the MA Regulated Mesh Area, shall be sessing on board the vessel gears other that specified in § 648.104(a). This re- than handgear. Vessels fishing with striction does not apply to nets or tub-trawl gear are prohibited from fish- pieces of nets smaller than 3 ft (0.9 m) ing, setting, or hauling back, per day, × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to or possessing on board the vessel, more vessels that have not been issued a NE than 250 hooks.

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(v) Gillnet vessels. For Day and Trip (4) Addition or deletion of exemptions. gillnet vessels, the minimum mesh size See paragraph (a)(8)(ii) of this section. for any sink gillnet, not stowed and (5) MA Exemption Area. (i) The MA not available for immediate use as de- Exemption Area is that area that lies fined in § 648.2, when fishing under a west of the SNE Exemption Area de- DAS in the NE multispecies DAS pro- fined in paragraph (b)(10) of this sec- gram or on a sector trip in the MA tion. Regulated Mesh Area, is 6.5 inches (16.5 (ii) Monkfish/Spiny Dogfish Exempted cm) throughout the entire net. This re- Gillnet Fishery. A vessel fishing on a striction does not apply to nets or monkfish-only DAS may fish with, use, pieces of nets smaller than 3 ft (0.9 m) or possess gillnets in the MA Exemp- x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), to tion Area with a mesh size smaller vessels fishing with gillnet gear under than the minimum size specified in a monkfish-only DAS in the Mid-Atlan- paragraph (b)(2)(iv) or (c)(2)(v) of this tic Exemption Area in accordance with section, provided the vessel complies the provisions specified under para- with the following requirements: graph (c)(5)(ii) of this section, or to (A) Number of nets. Notwithstanding vessels that have not been issued a NE the provisions specified in paragraphs multispecies permit and that are fish- (c)(2)(v)(A) and (B) of this section and ing exclusively in state waters. § 648.92(b)(8), a vessel fishing on a (A) Trip gillnet vessels. A Trip gillnet monkfish-only DAS within the MA Ex- vessel fishing under a NE multispecies emption Area may not fish with, pos- DAS or on a sector trip and fishing in sess, haul, or deploy more than 50 the MA Regulated Mesh Area may not roundfish gillnets, as defined in § 648.2. fish with nets longer than 300 ft (91.4 m), or 50 fathoms (91.4 m) in length. (B) Minimum mesh size. The minimum (B) Day gillnet vessels—(1) Number of mesh size for any roundfish gillnet not nets. A Day gillnet vessel fishing under stowed and available for immediate use a NE multispecies DAS or on a sector by a vessel fishing on a monkfish-only trip and fishing in the MA Regulated DAS within the MA Exemption Area is Mesh Area, may not fish with, haul, 5 inches (12.7 cm) throughout the entire possess, or deploy more than 75 nets, net. except as provided in § 648.92(b)(8)(i). (C) Possession limits. A vessel fishing Such vessels may stow additional nets on a monkfish-only DAS within the in accordance with the definition of MA Exemption Area may fish for, pos- not available for immediate use as de- sess on board, or land monkfish up to fined in § 648.2 not to exceed 150 nets, the amount specified in § 648.94, spiny counting the deployed net. dogfish up to the amount specified in (2) Net size requirement. Nets may not § 648.235, and other incidentally caught be longer than 300 ft (91.4 m), or 50 fath- species up to the amounts specified in oms (91.4 m), in length. paragraph (b)(3) of this section. (3) Tags. Roundfish or flatfish gillnets (iii) Atlantic chub mackerel fishery ex- must be tagged with two tags per net, emption. Owners and operators of ves- with one tag secured to each bridle of sels subject to the minimum mesh size every net within a string of nets. restrictions specified in paragraphs (C) Obtaining and replacing tags. See (b)(2) and (c)(2) of this section may fish paragraph (a)(3)(iv)(C) of this section. for, harvest, possess, or land Atlantic (3) Net stowage exemption. Vessels may chub mackerel with nets of a mesh size possess regulated species while in pos- smaller than the minimum size speci- session of nets with mesh smaller than fied in the SNE Regulated Mesh Area the minimum size specified in para- when fishing in the MA Exemption graph (c)(2)(i) of this section, provided Area defined in paragraph (c)(5)(i) of that such nets are stowed and are not this section, provided such vessels com- available for immediate use as defined ply with the following requirements: in § 648.2, and provided that regulated (A) Gear restrictions. A vessel fishing species were not harvested by nets of for Atlantic chub mackerel within the mesh size smaller than the minimum MA Exemption Area must comply with mesh size specified in paragraph the gear restrictions specified in (c)(2)(i) of this section. § 648.23.

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(B) Possession limits. A vessel fishing purchased, received, traded, bartered, for Atlantic chub mackerel within the or transferred for, or intended for, MA Exemption Area may fish for, pos- human consumption. Haddock or other sess on board, or land Atlantic chub regulated NE multispecies that are sep- mackerel, Atlantic mackerel, arated out from the herring catch pur- butterfish, Illex squid, and longfin suant to § 648.15(d) may not be sold, squid up to the amount specified in purchased, received, traded, bartered, § 648.26, and other incidentally caught or transferred, or attempted to be sold, species up to the amounts specified in purchased, received, traded, bartered, paragraph (b)(3) of this section. or transferred for any purpose. A vessel (d) Midwater trawl gear exempted fish- issued a Category A or B Herring Per- ery. Fishing may take place through- mit fishing on a declared herring trip, out the fishing year with midwater regardless of gear or area fished, or a trawl gear of mesh size less than the vessel issued a Category C, D, or E Her- applicable minimum size specified in ring Permit and fishing with midwater this section, provided that: trawl gear pursuant to this paragraph (1) Midwater trawl gear is used exclu- (d), may not discard haddock that has sively; been brought on the deck or pumped (2) When fishing under this exemp- into the hold; tion in the GOM/GB Exemption Area, (5) To fish for herring under this ex- as defined in paragraph (a)(17) of this emption, a vessel issued a Category A section, the vessel has on board a letter or B Herring Permit fishing on a de- of authorization issued by the Regional clared herring trip, or a vessel issued a Administrator, and complies with the Category C, D, or E Herring Permit following restrictions: fishing with midwater trawl gear in (i) The vessel only fishes for, pos- Management Areas 1A, 1B, and/or 3, as sesses, or lands Atlantic herring, defined in § 648.200(f)(1) and (3), must blueback herring, or mackerel in areas provide notice of the following infor- north of 42°20′ N lat. and in the areas mation to NMFS at least 48 hr prior to described in § 648.81(c)(3) and (4); and beginning any trip into these areas for Atlantic herring, blueback herring, the purposes of observer deployment: mackerel, or squid in all other areas Vessel name; contact name for coordi- south of 42°20′ N. lat.; and nation of observer deployment; tele- (ii) The vessel is issued a letter of au- phone number for contact; the date, thorization for a minimum of 7 days. time, and port of departure; and The vessel can be issued LOAs for the (6) A vessel issued a Category A or B midwater trawl exempted fishery and Herring Permit fishing on a declared the purse seine exempted fishery at the herring trip with midwater trawl gear, same time. or a vessel issued a Category C or E (3) The vessel carries a NMFS-cer- Herring Permit and fishing with tified observer, if requested by the Re- midwater trawl gear in Management gional Administrator; Areas 1A, 1B, and/or 3, as defined at (4) The vessel does not fish for, pos- § 648.200(f)(1) and (3), must notify NMFS sess or land NE. multispecies, except Office of Law Enforcement through that a vessel issued a Category A or B VMS of the time and place of off- Herring Permit and fishing on a de- loading at least 6 hours prior to land- clared herring trip, regardless of gear ing or, if fishing ends less than 6 hours or area fished, or a vessel issued a Cat- before landing, as soon as the vessel egory C, D, or E Herring Permit and stops catching fish. The Regional Ad- fishing with midwater trawl gear pur- ministrator may adjust the prior noti- suant to paragraph (d) of this section, fication minimum time through publi- may possess and land haddock and cation of a document in the FEDERAL other regulated multispecies con- REGISTER consistent with the Adminis- sistent with the catch caps and posses- trative Procedure Act. sion restrictions in § 648.86(a)(3) and (k). (7) [Reserved] Such haddock or other regulated NE (e) Purse seine gear exempted fishery. multispecies may not be sold, pur- Fishing may take place throughout the chased, received, traded, bartered, or fishing year with purse seine gear of transferred, or attempted to be sold, mesh size smaller than the applicable

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minimum size specified in this section, the purposes of observer deployment; provided that: and (1) The vessel uses purse seine gear (6) All vessels that have a Category A exclusively; or B Herring Permit must notify NMFS (2) When fishing under this exemp- Office of Law Enforcement through tion in the GOM/GB Exemption Area, VMS of the time and place of off- as defined in paragraph (a)(17) of this loading at least 6 hours prior to land- section, the vessel has on board a letter ing or, if fishing ends less than 6 hours of authorization issued by the Regional before landing, as soon as the vessel Administrator and complies with the stops catching fish. The Regional Ad- following: ministrator may adjust the prior noti- (i) The vessel only fishes for, pos- fication minimum time through publi- sesses, or lands Atlantic herring, cation of a document in the FEDERAL blueback herring, mackerel, or menha- REGISTER consistent with the Adminis- den; and trative Procedure Act. (ii) The vessel must carry a NMFS- (f) Mesh measurements—(1) Gillnets. certified observer, if requested to do so Mesh size of gillnet gear shall be meas- by the Regional Administrator; ured by lining up 5 consecutive knots (3) The vessel is issued a letter of au- perpendicular to the float line and, thorization for a minimum of 7 days, with a ruler or tape measure, meas- and cancels it only as instructed by the uring 10 consecutive measures on the Regional Administrator. The vessel can diamond, inside knot to inside knot. be issued LOAs for the midwater trawl The mesh shall be the average of the exempted fishery and the purse seine measurements of 10 consecutive meas- exempted fishery at the same time; and ures. (4) The vessel does not fish for, pos- (2) All other nets. With the exception sess, or land NE multispecies, except of gillnets, mesh size is measured by a that vessels that have a Category A or wedge-shaped gauge having a taper of 2 B Herring Permit fishing on a declared cm (0.79 inches) in 8 cm (3.15 inches), herring trip may possess and land had- dock or other regulated species con- and a thickness of 2.3 mm (0.09 inches), sistent with possession restrictions in inserted into the meshes under a pres- § 648.86(a)(3) and (k), respectively. Such sure or pull of 5 kg (11.02 lb) for mesh haddock or other regulated multispe- size less than 120 mm (4.72 inches) and cies may not be sold, purchased, re- under a pressure or pull of 8 kg (17.64 ceived, traded, bartered, or transferred, lb) for mesh size at, or greater, than 120 or attempted to be sold, purchased, re- mm (4.72 inches). ceived, traded, bartered, or transferred (i) Square-mesh measurement. Square for, or intended for, human consump- mesh in the regulated portion of the tion. Haddock or other regulated spe- net is measured by placing the net cies that are separated out from the gauge along the diagonal line that con- herring catch pursuant to § 648.15(d) nects the largest opening between op- may not be sold, purchased, received, posite corners of the square. The traded, bartered, or transferred, or at- square-mesh size is the average of the tempted to be sold, purchased, re- measurements of 20 consecutive adja- ceived, traded, bartered, or transferred cent meshes from the terminus forward for any purpose. A vessel issued a Cat- along the long axis of the net. The egory A or B Herring Permit may not square mesh is measured at least five discard haddock that has been brought meshes away from the lacings of the on the deck or pumped into the hold; net. (5) To fish for herring under this ex- (ii) Diamond-mesh measurement. Dia- emption, vessels that have a Category mond mesh in the regulated portion of A or B Herring Permit must provide the net is measured running parallel to notice to NMFS of the vessel name; the long axis of the net. The diamond- contact name for coordination of ob- mesh size is the average of the meas- server deployment; telephone number urements of any series of 20 consecu- for contact; and the date, time, and tive meshes. The mesh is measured at port of departure, at least 48 hr prior to least five meshes away from the beginning any trip into these areas for lacings of the net.

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(g) Restrictions on gear and methods of mesh size smaller than 2.5 inches (6.4 fishing—(1) Net obstruction or constric- cm), as measured by methods specified tion. Except as provided in paragraph in paragraph (f) of this section, may (g)(5) of this section, a fishing vessel use net strengtheners (covers, as de- subject to minimum mesh size restric- scribed at § 648.23(a)(3)), provided that tions shall not use, or attach any de- the net strengthener for nets of mesh vice or material, including, but not size smaller than 2.5 inches (6.4 cm) limited to, nets, net strengtheners, complies with the provisions specified ropes, lines, or chafing gear, on the top under § 648.23(a)(3)(iii). of a trawl net, except that one splitting (ii) Nets of mesh size equal to or greater strap and one bull rope (if present), than 2.5 inches (6.4 cm) but less than 3 consisting of line and rope no more inches (7.6 cm). A vessel lawfully fishing than 3 in (7.6 cm) in diameter, may be for small-mesh multispecies in the used if such splitting strap and/or bull GOM/GB, SNE, or MA Regulated Mesh rope does not constrict, in any manner, Areas, as defined in paragraphs (a), (b), the top of the trawl net. ‘‘The top of and (c) of this section, with nets with the trawl net’’ means the 50 percent of mesh size equal to or greater than 2.5 the net that (in a hypothetical situa- inches (6.4 cm) but less than 3 inches tion) would not be in contact with the (7.6 cm) (as measured by methods speci- ocean bottom during a tow if the net fied in paragraph (f) of this section, and were laid flat on the ocean floor. For as applied to the part of the net speci- the purpose of this paragraph, head fied in paragraph (d)(1)(iv) of this sec- ropes are not considered part of the top tion) may use a net strengthener (i.e., of the trawl net. outside net), provided the net strength- (2) Net obstruction or constriction. (i) ener does not have an effective mesh Except as provided in paragraph (g)(5) opening of less than 6 inches (15.2 cm), of this section, a fishing vessel may not diamond or square mesh, as measured use, or attach, any mesh configuration, by methods specified in paragraph (f) of mesh construction, or other means on this section. The inside net (as applied or in the top of the net, as defined in to the part of the net specified in para- paragraph (g)(1), subject to minimum graph (d)(1)(iv) of this section) must mesh size restrictions, as defined in not be more than 2 ft (61 cm) longer paragraph (g)(1) of this section, if it ob- than the outside net, must be the same structs the meshes of the net in any circumference or smaller than the manner. smallest circumference of the outside (ii) A fishing vessel may not use a net net, and must be the same mesh con- capable of catching NE multispecies if figuration (i.e., both square or both di- the bars entering or exiting the knots amond mesh) as the outside net. twist around each other. (6) Gillnet requirements to reduce or (3) Pair trawl prohibition. No vessel prevent marine mammal takes—(i) Re- may fish for NE multispecies while pair quirements for gillnet gear capable of trawling, or possess or land NE multi- catching NE multispecies to reduce harbor species that have been harvested by porpoise takes. In addition to the re- means of pair trawling, except as au- quirements for gillnet fishing identi- thorized under paragraph (d) of this fied in this section, all persons owning section. or operating vessels in the EEZ that (4) Brush-sweep trawl prohibition. No fish with sink gillnet gear and other vessel may fish for, possess, or land NE gillnet gear capable of catching NE multispecies while fishing with, or multispecies, with the exception of sin- while in possession of, brush-sweep gle pelagic gillnets (as described in trawl gear. § 648.81(b)(2)(ii) and (d)(5)(ii)), must (5) Net strengthener restrictions when comply with the applicable provisions fishing for or possessing small-mesh multi- of the Harbor Porpoise Take Reduction species—(i) Nets of mesh size less than 2.5 Plan found in § 229.33 of this title. inches (6.4 cm). A vessel lawfully fishing (ii) Requirements for gillnet gear capa- for small-mesh multispecies in the ble of catching NE multispecies to prevent GOM/GB, SNE, or MA Regulated Mesh large whale takes. In addition to the re- Areas, as defined in paragraphs (a), (b), quirements for gillnet fishing identi- and (c) of this section, with nets of fied in this section, all persons owning

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or operating vessels in the EEZ that emption Area and complies with the re- fish with sink gillnet gear and other quirements specified in paragraph gillnet gear capable of catching NE (h)(3)(iii) of this section. The GOM multispecies, with the exception of sin- Scallop Dredge Fishery Exemption gle pelagic gillnets (as described in Area is bounded on the west and north § 648.81(b)(2)(ii) and (d)(5)(ii)), must by the coastlines of Massachusetts, comply with the applicable provisions New Hampshire, and Maine, bounded of the Atlantic Large Whale Take Re- on the east by the U.S.-Canada Mari- duction Plan found in § 229.32 of this time Boundary, and bounded on the title. south by straight lines connecting the (h) Scallop vessels—(1) Scallop DAS. following points in the order stated: Except as provided in paragraphs (h)(2) and (3) of this section, a scallop vessel GOM SCALLOP DREDGE EXEMPTION AREA that possesses a limited access scallop permit and either a NE multispecies Point N lat. W long. Combination vessel permit or a scallop/ GOM1 ...... 43°58′ (1) multispecies possession limit permit, GOM2 ...... 43°58′ 67°22′ and that is fishing under a scallop DAS GOM3 ...... 43°41′ 68°00′ GOM4 ...... 43°12′ 69°00′ allocated under § 648.53, may possess GOM5 ...... 42°49.5′ 69°40′ and land up to 300 lb (136.1 kg) of regu- GOM6 ...... 42°20′ 69°40′ lated species per trip, provided that the GOM7 ...... 42°20′ (2) amount of regulated species on board 1 The intersection of 43°58′ N lat. and the U.S.-Canada the vessel does not exceed the trip lim- Maritime boundary. 2 The intersection of 42°20′ N lat. and the coastline of its specified in § 648.86, and provided the Massachusetts. vessel has at least one standard tote on board, unless otherwise restricted by (ii) Georges Bank/Southern New Eng- § 648.86(a)(2). land Scallop Dredge Exemption Area. Un- (2) NE Multispecies DAS. Limited ac- less otherwise prohibited in § 648.81, cess scallop vessels issued a limited ac- § 648.370, or § 648.371, vessels issued a cess NE multispecies permit and fish- LAGC scallop permit, including limited ing under a NE multispecies DAS are access scallop permits that have used subject to the gear restrictions speci- up their DAS allocations, may fish in fied in this section and may possess the Georges Bank/Southern New Eng- and land unlimited amounts of regu- land Scallop Dredge Exemption Area, lated species or ocean pout, unless oth- as defined under paragraph (h)(3)(ii)(A) erwise restricted by § 648.86. Such ves- of this section, when not under a NE sels may simultaneously fish under a multispecies or scallop DAS or on a scallop DAS, but are prohibited from sector trip, provided the vessel com- using scallop dredge gear on such trips. plies with the requirements specified in (3) Scallop dredge exemption areas for paragraph (h)(3)(iii) of this section and general category scallop permits—(i) GOM applicable scallop regulations in sub- Scallop Dredge Exemption Area. Unless part D of this part. otherwise prohibited in § 648.81, (A) Area definition. The Georges § 648.370, or § 648.371, vessels with a lim- Bank/Southern New England dredge ex- ited access scallop permit that have de- emption area is bounded on the north clared out of the DAS program as spec- by 42°20′ N lat.; bounded on the east by ified in § 648.10, or that have used up the U.S.-Canada Maritime boundary their DAS allocations, and vessels and the outer limit of the US EEZ; issued a General Category scallop per- bounded on the west by 72°30′ W long. mit, may fish in the GOM Regulated from the outer limit of the US EEZ to Mesh Area specified in paragraph (a)(1) the south-facing coastline of Long Is- of this section, when not under a NE land; and bounded on the northwest by multispecies DAS, providing the vessel the following points, connected as fishes in the GOM Scallop Dredge Ex- noted in the order listed:

GB/SNE SCALLOP DREDGE EXEMPTION AREA

Point N lat. W long. Note

1 ...... The south-facing coastline 72°30′ W ...... From Point 1 to Point 2 following the coastline of Long of Long Island. Island.

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GB/SNE SCALLOP DREDGE EXEMPTION AREA—Continued

Point N lat. W long. Note

2 ...... 41°00′ N ...... The southeast-facing coast From Point 2 to Point 3 following a straight line. of Long Island. 3 ...... 41°00′ N ...... The 3 nautical mile line, From Point 3 to Point 4 following the Submerged approximately 71°51.841′ Lands Act (3 nautical mile) line. W long. 4 ...... 41°4.25′ N ...... The 3 nautical mile line, From Point 4 to Point 5 following a straight line. approximately 71°47.384′ W long. 5 ...... 41°15′ N ...... 72°2.25′ W ...... Point 5 represents Race Point, Fishers Island, NY. From Point 5 to Point 6 following a straight line northeasterly through Fishers Island, NY. 6 ...... 41°18.2′ N ...... 71°51.5′ W ...... Point 6 represents Watch Hill, RI. From Point 6 to Point 7 following the coastlines of Rhode Island and Massachusetts. 7 ...... 42°20′ N ...... The coastline of Massachu- setts.

(B) [Reserved] (3) The state’s winter flounder plan (iii) Requirements. (A) A vessel fishing has been approved by the Commission in the Scallop Dredge Fishery Exemp- as being in compliance with the Com- tion Areas specified in paragraphs mission’s winter flounder fishery man- (h)(3)(i) and (ii) of this section may not agement plan. fish for, possess on board, or land any (4) The state elects, by a letter to the species of fish other than Atlantic sea Regional Administrator, to participate scallops and up to 50 lb (23 kg) tail in the exemption program described by weight or 166 lb (75 kg) whole weight of this section (for a particular fishing monkfish per trip. year). (B) The combined dredge width in use (5) The vessel does not enter or tran- by, or in possession on board, vessels sit the EEZ. fishing in the Scallop Dredge Fishery (6) The vessel does not enter or tran- Exemption Areas may not exceed 10.5 sit the waters of another state, unless ft (3.2 m), measured at the widest point such other state is participating in the in the bail of the dredge. exemption program described by this (C) The exemption does not apply to section and the vessel is enrolled in the Cashes Ledge Closure Area or the that state’s program. Western GOM Area Closure specified in (7) The vessel, when not fishing under § 648.81(a)(3) and (4), respectively. the DAS program, does not fish for, (i) State waters winter flounder exemp- possess, or land more than 500 lb (226.8 tion. Any vessel issued a NE multispe- kg) of winter flounder, and has at least cies permit may fish for, possess, or one standard tote on board. land winter flounder while fishing with (8) The vessel does not fish for, pos- nets of mesh smaller than the min- sess, or land any species of fish other imum size specified in paragraphs than winter flounder and the exempted (a)(2), (b)(2), and (c)(2) of this section, small-mesh species specified under provided that: paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (1) The vessel has on board a certifi- (c)(4) of this section when fishing in the cate approved by the Regional Admin- areas specified under paragraphs (a)(5), istrator and issued by the state agency (a)(9), (b)(10), and (c)(5) of this section, authorizing the vessel’s participation respectively. Vessels fishing under this in the state’s winter flounder fishing exemption in New York and Con- program and is in compliance with the necticut state waters and permitted to applicable state laws pertaining to fish for skates may also possess and minimum mesh size for winter floun- land skates in amounts not to exceed der. 10 percent, by weight, of all other spe- (2) Fishing is conducted exclusively cies on board. in the waters of the state from which the certificate was obtained. [69 FR 22951, Apr. 27, 2004]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- percent, by weight, of all other species on tations affecting § 648.80, see the List of CFR board. Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. * * * * * (b) * * * EFFECTIVE DATE NOTE: At 85 FR 57987, Sept. 17, 2020, § 648.80 was amended by revis- (3) * * * ing paragraph (a)(6)(i)(B), (a)(10)(i)(D), (ii) Possession and net stowage requirements. (b)(3)(ii), and (h)(3)(iii)(A), effective Oct. 19, Vessels may possess regulated species while 2020. For the convenience of the user, the re- in possession of nets with mesh smaller than vised text is set forth as follows: the minimum size specified in paragraphs (a)(4) and (b)(2) of this section when fishing § 648.80 NE Multispecies regulated mesh in the SNE Exemption Area defined in para- areas and restrictions on gear and meth- graph (b)(10) of this section, provided that ods of fishing. such nets are stowed and are not available for immediate use as defined in § 648.2, and * * * * * provided that regulated species were not har- vested by nets of mesh size smaller than the (a) * * * minimum mesh size specified in paragraphs (6) * * * (a)(4) and (b)(2) of this section. Vessels fish- (i) * * * ing for the exempted species identified in (B) An owner or operator of a vessel fishing paragraph (b)(3)(i) of this section may also possess and retain the following species, with in this area may not fish for, possess on the restrictions noted, as incidental take to board, or land any species of fish other than these exempted fisheries: Conger eels; sea whiting and offshore hake combined—up to a robins; black sea bass; red hake; tautog maximum of 30,000 lb (13,608 kg), except for (blackfish); blowfish; cunner; John Dory; the following, with the restrictions noted, as mullet; bluefish; tilefish; longhorn sculpin; allowable incidental species: Atlantic her- fourspot flounder; alewife; hickory shad; ring, up to the amount specified in § 648.204; American shad; blueback herring; sea raven; longhorn sculpin; squid, butterfish, and At- Atlantic croaker; spot; swordfish; monkfish lantic mackerel, up to the amounts specified and monkfish parts—up to 10 percent, by in § 648.26; spiny dogfish, up to the amount weight, of all other species on board or up to specified in § 648.235; red hake, up to the 50 lb (23 kg) tail-weight/146 lb (66 kg) whole amount specified in § 648.86(d), monkfish and weight of monkfish per trip, as specified in monkfish parts—up to 10 percent, by weight, § 648.94(c)(4), whichever is less; American lob- of all other species on board or up to 50 lb (23 ster—up to 10 percent, by weight, of all other kg) tail-weight/146 lb (66 kg) whole-weight of species on board or 200 lobsters, whichever is monkfish per trip, as specified in less; and skate and skate parts (except for § 648.94(c)(4), whichever is less; and American barndoor skate and other prohibited skate lobster—up to 10 percent, by weight, of all species (see §§ 648.14(v)(2) and 648.322(g))—up other species on board or 200 lobsters, which- to 10 percent, by weight, of all other species ever is less, unless otherwise restricted by on board. landing limits specified in § 697.17 of this chapter. * * * * * * * * * * (h) * * * (3) * * * (10) * * * (iii) * * * (i) * * * (A) A vessel fishing in the Scallop Dredge (D) Incidental species provisions. The fol- Fishery Exemption Areas specified in para- lowing species may be possessed and landed, graphs (h)(3)(i) and (ii) of this section may with the restrictions noted, as allowable in- not fish for, possess on board, or land any cidental species in the Nantucket Shoals species of fish other than Atlantic sea scal- Dogfish Fishery Exemption Area: Longhorn lops and up to 50 lb (23 kg) tail weight or 146 sculpin; silver hake—up to 200 lb (90.7 kg); lb (66 kg) whole weight of monkfish per trip. monkfish and monkfish parts—up to 10 per- cent, by weight, of all other species on board or up to 50 lb (23 kg) tail-weight/146 lb (66 kg) * * * * * whole-weight of monkfish per trip, as speci- fied in § 648.94(c)(4), whichever is less; Amer- § 648.81 NE multispecies year-round ican lobster—up to 10 percent, by weight, of and seasonal closed areas. all other species on board or 200 lobsters, whichever is less, unless otherwise restricted (a) Year-round groundfish closed by landing limits specified in § 697.17 of this areas—(1) Restrictions. No fishing vessel chapter; and skate or skate parts—up to 10 or person on a fishing vessel may enter,

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fish, or be in, and no fishing gear capa- board the vessel, which is valid from ble of catching NE multispecies may be the date of enrollment until the end of used or on board a vessel in, the, the fishing year; Cashes Ledge, Western Gulf of Maine, (B) No harvested or possessed fish or Closed Area II Closure Areas, unless species managed by the NEFMC or otherwise allowed by or exempted MAFMC are sold or intended for trade, under this part. Charts of the areas de- barter or sale, regardless of where the scribed in this section are available fish are caught; from the Regional Administrator upon (C) Only rod and reel or handline gear request. is on board the vessel; and (2) Exemptions. Unless restricted by (D) No NE multispecies DAS are used the requirements of subpart P of this during the entire period for which the part or elsewhere in this part, para- letter of authorization is valid. graph (a)(1) of this section does not (3) Cashes Ledge Closure Area. The apply to a fishing vessel or person on a Cashes Ledge Closure Area is defined fishing vessel when fishing under the by straight lines connecting the fol- following conditions: lowing points in the order stated: (i) Fishing with or using exempted gear as defined under this part, except CASHES LEDGE CLOSURE AREA for pelagic gillnet gear capable of catching NE multispecies, unless fish- Point N lat. W long. ing with a single pelagic gillnet not CL1 ...... 43°07′ N 69°02′ W longer than 300 ft (91.4 m) and not CL2 ...... 42°49.5′ N 68°46′ W greater than 6 ft (1.83 m) deep, with a CL3 ...... 42°46.5′ N 68°50.5′ W CL4 ...... 42°43.5′ N 68°58.5′ W maximum mesh size of 3 inches (7.6 CL5 ...... 42°42.5′ N 69°17.5′ W cm), provided that: CL6 ...... 42°49.5′ N 69°26′ W (A) The net is attached to the boat CL1 ...... 43°07′ N 69°02′ W and fished in the upper two-thirds of the water column; (4) Western Gulf of Maine Closure Area. (B) The net is marked with the own- The Western Gulf of Maine Closure er’s name and vessel identification Area is defined by straight lines con- number; necting the following points in the (C) No regulated species or ocean order stated: pout are retained; and (D) No other gear capable of catching WESTERN GULF OF MAINE CLOSURE AREA NE multispecies is on board; Point N latitude W longitude (ii) Fishing in the Midwater Trawl Gear Exempted Fishery as specified in WGM1 ...... 43°15′ 70°15′ § 648.80(d); WGM2 ...... 42°15′ 70°15′ WGM3 ...... 42°15′ 70°00′ (iii) Fishing in the Purse Seine Gear WGM4 ...... 43°15′ 70°00′ Exempted Fishery as specified in WGM1 ...... 43°15′ 70°15′ § 648.80(e); (iv) Fishing under charter/party or (5) Closed Area II Closure Area. (i) The recreational regulations specified in Closed Area II Closure Area is defined § 648.89, provided that: by straight lines, unless otherwise (A) A letter of authorization issued noted, connecting the following points by the Regional Administrator is on- in the order stated:

CLOSED AREA II CLOSURE AREA

Point N lat. W long. Note

CAII1 ...... 41°00′ 67°20′ CAII2 ...... 41°00′ 66°35.8′ CAII3 ...... 41°18.45′ (1) (2) CAII4 ...... (3) 67°20′ (2) CAII5 ...... 42°22′ 67°20′ CAII1 ...... 41°00′ 67°20′ 1 The intersection of 41°18.45′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N lat. and 66°24.89′ W long. 2 From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary. 3 The intersection of 67°20′ W long. And the U.S.-Canada Maritime Boundary, approximately 42°22.06′ N lat. and 67°20′ W long.

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(ii) Unless otherwise restricted under (ii) Nantucket Lightship Closure Area. the EFH Closure(s) specified in para- The Nantucket Lightship Closure Area graph (h) of this section, paragraph is defined by straight lines, unless oth- (a)(5)(i) of this section does not apply erwise noted, connecting the following to persons on fishing vessels or fishing points in the order stated: vessels— (A) Fishing with gears as described in TABLE 5 TO PARAGRAPH (a)(6)(ii)—NANTUCKET paragraph (a)(2) this section. LIGHTSHIP CLOSED AREA (B) Fishing with tuna purse seine gear outside of the portion of Closed Point N lat. W long. Area II known as the Habitat Area of G10 ...... 40°50′ ...... 69°00′ Particular Concern, as described in CN1 ...... 40°20′ ...... 69°00′ § 648.370(g). CN2 ...... 40°20′ ...... 70°20′ (C) Fishing in the CA II Yellowtail CN3 ...... 40°50′ ...... 70°20′ ° ′ ° ′ Flounder/Haddock SAP or the Eastern G10 ...... 40 50 ...... 69 00 U.S./Canada Haddock SAP Program as (b) Gulf of Maine spawning groundfish specified in § 648.85(b)(3)(ii) or (b)(7)(ii), respectively. closures—(1) Restrictions. Unless allowed in this part, no fishing vessel or person (D) Transiting the area, provided the vessel’s fishing gear is stowed and not on a fishing vessel may enter, fish, or available for immediate use as defined be in, and no fishing gear capable of in § 648.2; and catching NE multispecies may be used (1) The operator has determined, and or on board a vessel in, the spawning a preponderance of available evidence closure areas described in paragraphs indicates, that there is a compelling (b)(3) and (4) of this section, during the safety reason; or times specified in this section. Charts (2) The vessel has declared into the depicting the areas defined here are Eastern U.S./Canada Area as specified available from the RA upon request. in § 648.85(a)(3)(ii) and is transiting CA (2) Exemptions. Paragraph (b)(1) of II in accordance with the provisions of this section does not apply to a fishing § 648.85(a)(3)(vii). vessel or person on a fishing vessel: (E) Fishing for scallops within the (i) That has not been issued a NE Closed Area II Access Area defined in multispecies permit that is fishing ex- § 648.59(c)(3), during the season specified clusively in state waters; in § 648.59(c)(4), and pursuant to the (ii) That is fishing with or using ex- provisions specified in § 648.60. empted gear as defined under this part, (6) Gillnet Closure Areas. No fishing excluding pelagic gillnet gear capable vessel using gillnet gear or person on a of catching NE multispecies, except for fishing vessel using gillnet gear may a vessel fishing with a single pelagic enter, fish, or be in the Closed Area I gillnet not longer than 300 ft (91.4 m) and Nantucket Lightship Closure and not greater than 6 ft (1.83 m) deep, Areas. Charts of the areas described in with a maximum mesh size of 3 inches this section are available from the Re- (7.6 cm), provided: gional Administrator upon request. (A) The net is attached to the vessel (i) Closed Area I Closure Area. The and fished in the upper two-thirds of Closed Area I Closure Area is defined the water column; by straight lines, unless otherwise (B) The net is marked with the vessel noted, connecting the following points owner’s name and vessel identification in the order stated: number; (C) No regulated species or ocean TABLE 4 TO PARAGRAPH (a)(6)(i)—CLOSED pout are retained; and AREA I (D) No other gear capable of catching Point N lat. W long. NE multispecies is on board; (iii) That is fishing as a charter/party CI1 ...... 41°30′ ...... 69°23′ CI2 ...... 40°45′ ...... 68°45′ or recreational fishing vessel, provided CI3 ...... 40°45′ ...... 68°30′ that: CI4 ...... 41°30′ ...... 68°30′ (A) With the exception of tuna, fish ° ′ ° ′ CI1 ...... 41 30 ...... 69 23 harvested or possessed by the vessel

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are not sold or intended for trade, bar- in paragraph (b)(2) of this section, from ter, or sale, regardless of where the November 1 through January 31 of each species are caught; year, no fishing vessel or person on a (B) Any gear other than pelagic hook fishing vessel may enter, fish, or be in, and line gear, as defined in this part, is and no fishing gear capable of catching properly stowed and not available for NE multispecies may be used or be on immediate use as defined in § 648.2; and board a vessel in, the Massachusetts (C) No regulated species or ocean Bay Protection Area, as defined on the pout are retained; and west and south by the outer limit of (iv) That is transiting pursuant to Massachusetts waters and on the paragraph (e) of this section. northeast by a straight line connecting (3) GOM Cod Spawning Protection the following points, which fall along Area. Except as specified in paragraph the Massachusetts state waters bound- (b)(2) of this section, from April ary: through June of each year, no fishing vessel or person on a fishing vessel may WINTER MASSACHUSETTS BAY SPAWNING enter, fish, or be in, and no fishing gear PROTECTION AREA capable of catching NE multispecies may be used or on board a vessel in, Point N latitude W longitude the GOM Cod Spawning Protection Area, as defined by straight lines con- WSPA1 ...... 42° 23.61′ 70° 39.21′ ° ′ ° ′ necting the following points in the WSPA2 ...... 42 07.68 70 26.79 order stated: (5) Spring Massachusetts Bay Spawning GOM COD SPAWNING PROTECTION AREA Protection Area. (i) From April 15 through April 30 of each year, no fish- Point N latitude W longitude ing vessel or person on a fishing vessel CSPA1 ...... 42°50.95′ 70°32.22′ may enter, fish, or be in, and no fishing CSPA2 ...... 42°47.65′ 70°35.64′ gear capable of catching NE multispe- CSPA3 ...... 42°54.91′ 70°41.88′ cies may be used or on board a vessel in CSPA4 ...... 42°58.27′ 70°38.64′ CSPA1 ...... 42°50.95′ 70°32.22′ the thirty- minute block defined by straight lines, unless otherwise noted, (4) Winter Massachusetts Bay - connecting the following points in the ing Protection Area. Except as specified order stated:

SPRING MASSACHUSETTS BAY SPAWNING PROTECTION AREA

Point N latitude W longitude Note

SSPA1 ...... 42°30′ (1) SSPA2 ...... 42°30′ 70°30′ SSPA3 ...... 42°00′ 70°30′ SSPA4 ...... 42°00′ (2) (3) SSPA5 ...... (4) 71°00′ (3) SSPA6 ...... (5) 71°00′ (6) SSPA1 ...... 42°30′ (1) (6) 1 The intersection of 42°30′ N lat. and the coastline at Marblehead, MA. 2 The intersection of 42°00′ N lat. and the coastline at Kingston, MA. 3 From Point SSPA4 to Point SSPA5 following the coastline of Massachusetts. 4 The intersection of 71°00′ W long. and the coastline at Quincy, MA. 5 The intersection of 71°00′ W long. and the northernmost coastline at East Boston, Boston, MA. 6 From Point SSPA6 back to Point SSPA 1 following the coastline of Massachusetts.

(ii) Unless otherwise restricted in cludes recreational vessels meeting the this part, the Spring Massachusetts criteria specified in paragraphs Bay Spawning Protection Area closure (d)(5)(v)(A) through (D) of this section. does not apply to a fishing vessel or (c) Georges Bank Spawning Groundfish person on a fishing vessel that meets Closures—(1) Restrictions. Unless other- the criteria in paragraphs (d)(5)(ii) wise allowed in this part, no fishing through (vi) and (x) of this section vessel or person on a fishing vessel may (listed under the exemptions for the enter, fish, or be in, and no fishing gear GOM Cod Protection Closures). This in- capable of catching NE multispecies

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may be used on board a vessel in the (iii) That is fishing in the mid-water spawning closure areas described in trawl exempted fishery. paragraphs (b)(3) and (4) of this section, (iv) That is transiting pursuant to and during the times specified in this the requirements described in § 648.2. section. Charts depicting the areas de- (3) Closed Area I North. Except as fined here are available from the RA specified in paragraph (c)(2) of this sec- upon request. tion, from February 1 through April 15 (2) Exemptions. Paragraph (c)(1) of of each year, no fishing vessel or per- this section does not apply to a fishing son on a fishing vessel may enter, fish, vessel or person on a fishing vessel: or be in; and no fishing gear capable of (i) That is fishing with or using ex- catching NE multispecies may be used empted gear as defined under this part, or on board a vessel in, Closed Area I excluding pelagic gillnet gear capable North, as defined by straight lines con- of catching NE multispecies, except for necting the following points in the vessels fishing with a single pelagic order stated: gillnet not longer than 300 ft (91.4 m) CLOSED AREA I—NORTH and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches Point N lat. W long. (7.6 cm), provided: CIN1 ...... 41°30′ 69°23′ (A) The net is attached to the vessel CIN2 ...... 41°30′ 68°30′ and fished in the upper two-thirds of CIN3 ...... 41°26′ 68°30′ the water column; CIN4 ...... 41°04′ 69°01′ CIN1 ...... 41°30′ 69°23′ (B) The net is marked with the vessel owner’s name and vessel identification (4) Closed Area II. Except as specified number; in paragraph (c)(2) of this section, from (C) No regulated species or ocean February 1 through April 15 of each pout are retained; and year, no fishing vessel or person on a (D) No other gear capable of catching fishing vessel may enter, fish, or be in, NE multispecies is on board. and no fishing gear capable of catching (ii) That is fishing for scallops con- NE multispecies may be used or on sistent with the requirements of the board a vessel in, Closed Area II, as de- scallop fishery management plan, in- fined by straight lines, unless other- cluding rotational access program re- wise noted, connecting the following quirements specified in § 648.59. points in the order stated:

CLOSED AREA II

Point N lat. W long. Note

CAII1 ...... 41°00′ 67°20′ CAII2 ...... 41°00′ 66°35.8′ CAII3 ...... 41°18.45 (1) (2) CAII4 ...... (3) 67°20′ (2) CAII5 ...... 42°22′ 67°20′ CAII1 ...... 41°00′ 67°20′ 1 The intersection of 41°18.45′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N lat. and 66°24.89′ W long. 2 From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary. 3 The intersection of 67°20′ W long. and the U.S.-Canada Maritime Boundary, approximately 42°22.06′ N lat. and 67°20′ W long.

(d) GOM Cod Protection Closures—(1) in paragraphs (d)(4)(i) through (v) of Restrictions. Unless otherwise allowed this section. in this part, no fishing vessel or person (2) Review of closure. The New Eng- on a fishing vessel may enter, fish, or land Fishery Management Council be in, and no fishing gear capable of shall review the GOM Cod Protection catching NE multispecies may be used Closures Areas specified in this section or on board a vessel in, GOM Cod Pro- when the spawning stock biomass for tection Closures I through V as de- scribed, and during the times specified,

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GOM cod reaches the minimum bio- GOM COD PROTECTION CLOSURE II— mass threshold specified for the stock Continued (50 percent of SSBMSY). [June 1–June 30] (3) Seasons. (i) GOM Cod Protection Closure I is in effect from May 1 Point N latitude W longitude through May 31. CPCII 9 ...... 42°30′ N 70°30′ W (ii) GOM Cod Protection Closure II is CPCII 10 ...... 43°00′ N 70°30′ W in effect from June 1 through June 30. CPCII 11 ...... 43°00′ N (5) (6) 1 ° ′ 6 (iii) GOM Cod Protection Closure III CPCII 1 ...... ( ) 69 30 W( ) is in effect from November 1 through 1 The intersection of 69°30′ W longitude and the coastline of Maine. January 31. 2 The intersection of 42°20′ N latitude and the coastline of (iv) GOM Cod Protection Closure IV Massachusetts. 3 From Point 7 to Point 8 following the coastline of Massa- is in effect from October 1 through Oc- chusetts. tober 31. 4 The intersection of 42°30′ N latitude and the coastline of Massachusetts. (v) GOM Cod Protection Closure V is 5 The intersection of 43°00′ N latitude and the coastline of in effect from March 1 through March New Hampshire. 6 From Point 11 back to Point 1 following the coastlines of 31. New Hampshire and Maine. (4) GOM Cod Protection Closure Areas. Charts depicting these areas are avail- (iii) GOM Cod Protection Closure III. able from the Regional Administrator GOM Cod Protection Closure III is the upon request. area bounded by the following coordi- (i) GOM Cod Protection Closure I. GOM nates connected in the order stated by Cod Protection Closure I is the area straight lines, unless otherwise noted: bounded by the following coordinates GOM COD PROTECTION CLOSURE III connected in the order stated by [November 1–January 31] straight lines, unless otherwise noted: Point N latitude W longitude GOM COD PROTECTION CLOSURE I CPCIII 1 ...... 42°30′ N (1) [May 1–May 31] CPCIII 2 ...... 42°30′ N 70°30′ W CPCIII 3 ...... 42°15′ N 70°30′ W Point N latitude W longitude CPCIII 4 ...... 42°15′ N 70°24′ W ° ′ ° ′ CPCI 1 ...... 43°30′ N (1) CPCIII 5 ...... 42 00 N 70 24 W ° ′ 2 3 CPCI 2 ...... 43°30′ N 69°30′ W CPCIII 6 ...... 42 00 N ( ) ( ) ° ′ 1 3 CPCI 3 ...... 43°00′ N 69°30′ W CPCIII 1 ...... 42 30 N ( ) ( ) ° ′ ° ′ CPCI 4 ...... 43 00 N 70 00 W 1 The intersection of 42°30′ N latitude and the Massachu- CPCI 5 ...... 42°30′ N 70°00′ W setts coastline. CPCI 6 ...... 42°30′ N 70°30′ W 2 The intersection of 42°00′ N latitude and the mainland CPCI 7 ...... 42°20′ N 70°30′ W Massachusetts coastline at Kingston, MA. CPCI 8 ...... 42°20′ N (2) (3) 3 From Point 6 back to Point 1 following the coastline of CPCI 1 ...... 43°30′ N (1) (3) Massachusetts. 1 The intersection of 43°30′ N latitude and the coastline of (iv) GOM Cod Protection Closure IV. Maine. GOM Cod Protection Closure IV is the 2 The intersection of 42°20′ N latitude and the coastline of Massachusetts. area bounded by the following coordi- 3 From Point 8 back to Point 1 following the coastline of the nates connected in the order stated by United States. straight lines, unless otherwise noted: (ii) GOM Cod Protection Closure II. GOM Cod Protection Closure II is the GOM COD PROTECTION CLOSURE IV area bounded by the following coordi- [October 1–October 31] nates connected in the order stated by straight lines, unless otherwise noted: Point N latitude W longitude CPCIV 1 ...... 42°30′ N (1) GOM COD PROTECTION CLOSURE II CPCIV 2 ...... 42°30′ N 70°00′ W ° ′ ° ′ [June 1–June 30] CPCIV 3 ...... 42 00 N 70 00 W CPCIV 4 ...... 42°00′ N (2) (3) ° ′ 1 3 Point N latitude W longitude CPCIV 1 ...... 42 30 N ( ) ( ) 1 The intersection of 42°30′ N latitude and the Massachu- 1 ° ′ CPCII 1 ...... ( ) 69 30 W setts coastline. CPCII 2 ...... 43°30′ N 69°30′ W 2 The intersection of 42°00′ N latitude and the mainland CPCII 3 ...... 43°30′ N 70°00′ W Massachusetts coastline at Kingston, MA. CPCII 4 ...... 42°30′ N 70°00′ W 3 From Point 4 back to Point 1 following the coastline of CPCII 5 ...... 42°30′ N 70°30′ W Massachusetts. CPCII 6 ...... 42°20′ N 70°30′ W CPCII 7 ...... 42°20′ N (2)(3) (v) GOM Cod Protection Closure V. CPCII 8 ...... 42°30′ N ((4))(3) GOM Cod Protection Closure V is the

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area bounded by the following coordi- (B) No harvested or possessed fish nates connected in the order stated by species managed by the NEFMC or straight lines: MAFMC are sold or intended for trade, barter or sale, regardless of where the GOM COD PROTECTION CLOSURE V fish are caught; [March 1–March 31] (C) Only rod and reel or handline gear Point N latitude W longitude is on board; and (D) No NE multispecies DAS are used CPCV 1 ...... 42°30′ N 70°00′ W during the entire period for which the CPCV 2 ...... 42°30′ N 68°30′ W CPCV 3 ...... 42°00′ N 68°30′ W letter of authorization is valid; CPCV 4 ...... 42°00′ N 70°00′ W (vi) Fishing with scallop dredge gear CPCV 1 ...... 42°30′ N 70°00′ W under a scallop DAS or when lawfully fishing in the Scallop Dredge Fishery (5) Exemptions. The GOM cod protec- Exemption Area as described in tion closures specified in this section § 648.80(a)(11), provided the vessel does do not apply to a fishing vessel or per- not retain any regulated NE multispe- son on board a fishing vessel under any cies during a trip, or on any part of a of the following conditions: trip; (i) No multispecies permit has been (vii) Fishing in the Raised Footrope issued and the vessel is fishing exclu- Trawl Exempted Whiting Fishery, as sively in state waters; specified in § 648.80(a)(15), or in the (ii) Fishing with or using exempted Small Mesh Area II Exemption Area, as gear as defined under this part, except specified in § 648.80(a)(9); for pelagic gillnet gear capable of (viii) Fishing on a sector trip, as de- catching NE multispecies, unless fish- fined in this part, and in the GOM Cod ing with a single pelagic gillnet not Protection Closures IV or V, as speci- longer than 300 ft (91.4 m) and not fied in paragraphs (f)(4)(iv) and (v) of greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 this section; or cm), provided that: (ix) Fishing under the provisions of a (A) The net is attached to the boat Northeast multispecies Handgear A and fished in the upper two-thirds of permit, as specified at § 648.82(b)(6), and the water column; in the GOM Cod Protection Closures IV (B) The net is marked with the own- or V, as specified in paragraphs er’s name and vessel identification (f)(4)(iv) and (v) of this section. number; (x) Transiting the area, provided it (C) No regulated species are retained; complies with the requirements speci- and fied in paragraph (e) of this section. (D) No other gear capable of catching (e) Transiting. (1) Unless otherwise re- NE multispecies is on board; stricted or specified in this paragraph (iii) Fishing in the Midwater Trawl (e), a vessel may transit the Cashes Gear Exempted Fishery as specified in Ledge Closed Area, the Western GOM § 648.80(d); Closure Area, the GOM Cod Protection (iv) Fishing in the Purse Seine Gear Closures, and the GOM Cod Spawning Exempted Fishery as specified in Protection Area, as defined in para- § 648.80(e); graphs (a)(3) and (4), (d)(4), and (b)(3), (v) Fishing under charter/party or of this section, respectively, provided recreational regulations specified in that its gear is stowed and not avail- § 648.89, provided that: able for immediate use as defined in (A) A vessel fishing under charter/ § 648.2. party regulations in a GOM cod protec- (2) Private recreational or charter/ tion closure described under paragraph party vessels fishing under the North- (f)(4) of this section, has on board a let- east multispecies provisions specified ter of authorization issued by the Re- at § 648.89 may transit the GOM Cod gional Administrator that is valid from Spawning Protection Area, as defined the date of enrollment through the du- in paragraph (b)(3) of this section, pro- ration of the closure or 3 months dura- vided all bait and hooks are removed tion, whichever is greater; from fishing rods, and any regulated

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species on board have been caught out- No fishing vessel with lobster pot gear side the GOM Cod Spawning Protection on board, or person on a fishing vessel Area and has been gutted and stored. with lobster pot gear on board, may (f) Restricted Gear Areas—(1) Restricted fish in, and no lobster pot gear may be Gear Area Seasons. No fishing vessel deployed or remain in the specified Re- with mobile gear on board, or person stricted Gear Areas. Vessels with lob- on a fishing vessel with mobile gear on ster pot gear on board may transit dur- board, may fish or be in the specified ing the seasons listed in the table in Restricted Gear Areas, unless this paragraph (f)(1). transiting, during the seasons below.

Mobile gear Lobster pot gear

Restricted Gear Area I ...... October 1–June 15 ...... June 16–September 30. Restricted Gear Area II ...... November 27–June 15 ...... June 16–November 26. Restricted Gear Area III ...... June 16–November 26 ...... January 1–April 30. Restricted Gear Area IV ...... June 16–September 30 ...... n/a.

(2) Transiting. Vessels with mobile (3) Restricted Gear Area I. Restricted gear may transit this area, provided Gear Area I is defined by the following that all mobile gear is on board the points connected in the order listed by vessel while inside the area, and is straight lines (points followed by an as- stowed and not available for immediate terisk are shared with an adjacent Re- use as defined in § 648.2. stricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*) AB ...... 40°02.45′ N 70°14.10′ W (*) AC ...... 40°05.20′ N 70°10.90′ W (*) AD ...... 40°03.75′ N 70°10.15′ W (*) AE ...... 40°00.70′ N 70°08.70′ W (*) AF ...... 39°59.20′ N 70°04.90′ W (*) AG ...... 39°58.25′ N 70°03.00′ W (*) AH ...... 39°56.90′ N 69°57.45′ W (*) AI ...... 39°57.40′ N 69°55.90′ W (*) AJ ...... 39°57.55′ N 69°54.05′ W (*) AK ...... 39°56.70′ N 69°53.60′ W (*) AL ...... 39°55.75′ N 69°41.40′ W (*) AM ...... 39°56.20′ N 69°40.20′ W (*) AN ...... 39°58.80′ N 69°38.45′ W (*) AO ...... 39°59.15′ N 69°37.30′ W (*) AP ...... 40°00.90′ N 69°37.30′ W (*) AQ ...... 40°00.65′ N 69°36.50′ W (*) AR ...... 39°57.85′ N 69°35.15′ W (*) AS ...... 39°56.80′ N 69°34.10′ W (*) AT ...... 39°56.50′ N 69°26.35′ W (*) AU ...... 39°56.75′ N 69°24.40′ W (*) AV ...... 39°57.80′ N 69°20.35′ W (*) AW ...... 40°00.05′ N 69°14.60′ W (*) AX ...... 40°02.65′ N 69°11.15′ W (*) AY ...... 40°02.00′ N 69°08.35′ W (*) AZ ...... 40°02.65′ N 69°05.60′ W (*) BA ...... 40°04.10′ N 69°03.90′ W (*) BB ...... 40°05.65′ N 69°03.55′ W (*) BC ...... 40°08.45′ N 69°03.60′ W (*) BD ...... 40°09.75′ N 69°04.15′ W (*) BE ...... 40°10.25′ N 69°04.40′ W (*) BF ...... 40°11.60′ N 69°05.40′ W (*) BG ...... 40°11.00′ N 69°03.80′ W (*) BH ...... 40°08.90′ N 69°01.75′ W (*) BI ...... 40°05.30′ N 69°01.10′ W (*) BJ ...... 40°05.20′ N 69°00.50′ W (*) BK ...... 40°04.35′ N 69°00.50′ W (*) BL ...... 40°03.65′ N 69°00.00′ W (*) BM ...... 40°03.60′ N 68°57.20′ W (*) BN ...... 40°05.70′ N 68°52.40′ W (*) BO ...... 40°08.10′ N 68°51.00′ W (*) BP ...... 40°08.70′ N 68°49.60′ W (*) BQ ...... 40°06.90′ N 68°46.50′ W (*)

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Point Latitude Longitude Note

BR ...... 40°07.20′ N 68°38.40′ W (*) BS ...... 40°07.90′ N 68°36.00′ W (*) BT ...... 40°06.40′ N 68°35.80′ W BU ...... 40°05.25′ N 68°39.30′ W BV ...... 40°05.40′ N 68°44.50′ W BW ...... 40°06.00′ N 68°46.50′ W BX ...... 40°07.40′ N 68°49.60′ W BY ...... 40°05.55′ N 68°49.80′ W BZ ...... 40°03.90′ N 68°51.70′ W CA ...... 40°02.25′ N 68°55.40′ W CB ...... 40°02.60′ N 69°00.00′ W CC ...... 40°02.75′ N 69°00.75′ W CD ...... 40°04.20′ N 69°01.75′ W CE ...... 40°06.15′ N 69°01.95′ W CF ...... 40°07.25′ N 69°02.00′ W CG ...... 40°08.50′ N 69°02.25′ W CH ...... 40°09.20′ N 69°02.95′ W CI ...... 40°09.75′ N 69°03.30′ W CJ ...... 40°09.55′ N 69°03.85′ W CK ...... 40°08.40′ N 69°03.40′ W CL ...... 40°07.20′ N 69°03.30′ W CM ...... 40°06.00′ N 69°03.10′ W CN ...... 40°05.40′ N 69°03.05′ W CO ...... 40°04.80′ N 69°03.05′ W CP ...... 40°03.55′ N 69°03.55′ W CQ ...... 40°01.90′ N 69°03.95′ W CR ...... 40°01.00′ N 69°04.40′ W CS ...... 39°59.90′ N 69°06.25′ W CT ...... 40°00.60′ N 69°10.05′ W CU ...... 39°59.25′ N 69°11.15′ W CV ...... 39°57.45′ N 69°16.05′ W CW ...... 39°56.10′ N 69°20.10′ W CX ...... 39°54.60′ N 69°25.65′ W CY ...... 39°54.65′ N 69°26.90′ W CZ ...... 39°54.80′ N 69°30.95′ W DA ...... 39°54.35′ N 69°33.40′ W DB ...... 39°55.00′ N 69°34.90′ W DC ...... 39°56.55′ N 69°36.00′ W DD ...... 39°57.95′ N 69°36.45′ W DE ...... 39°58.75′ N 69°36.30′ W DF ...... 39°58.80′ N 69°36.95′ W DG ...... 39°57.95′ N 69°38.10′ W DH ...... 39°54.50′ N 69°38.25′ W DI ...... 39°53.60′ N 69°46.50′ W DJ ...... 39°54.70′ N 69°50.00′ W DK ...... 39°55.25′ N 69°51.40′ W DL ...... 39°55.20′ N 69°53.10′ W DM ...... 39°54.85′ N 69°53.90′ W DN ...... 39°55.70′ N 69°54.90′ W DO ...... 39°56.15′ N 69°55.35′ W DP ...... 39°56.05′ N 69°56.25′ W DQ ...... 39°55.30′ N 69°57.10′ W DR ...... 39°54.80′ N 69°58.60′ W DS ...... 39°56.05′ N 70°00.65′ W DT ...... 39°55.30′ N 70°02.95′ W DU ...... 39°56.90′ N 70°11.30′ W DV ...... 39°58.90′ N 70°11.50′ W DW ...... 39°59.60′ N 70°11.10′ W DX ...... 40°01.35′ N 70°11.20′ W DY ...... 40°02.60′ N 70°12.00′ W DZ ...... 40°00.40′ N 70°12.30′ W EA ...... 39°59.75′ N 70°13.05′ W EB ...... 39°59.30′ N 70°14.00′ W (*) AA ...... 40°02.75′ N 70°16.10′ W (*)

(4) Restricted Gear Area II. Restricted terisk are shared with an adjacent Re- Gear Area II is defined by the following stricted Gear Area): points connected in the order listed by straight lines (points followed by an as- Point N latitude W longitude Note AA ...... 40°02.75′ 70°16.10′ (*)

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Point N latitude W longitude Note Point N latitude W longitude Note

EB ...... 39°59.30′ 70°14.00′ (*) FM ...... 39°34.50′ 72°00.75′ EC ...... 39°58.85′ 70°15.20′ FN ...... 39°32.20′ 72°02.25′ ED ...... 39°59.30′ 70°18.40′ FO ...... 39°32.15′ 72°04.10′ EE ...... 39°58.10′ 70°19.40′ FP ...... 39°28.50′ 72°06.50′ EF ...... 39°57.00′ 70°19.85′ FQ ...... 39°29.00′ 72°09.25′ EG ...... 39°57.55′ 70°21.25′ FR ...... 39°29.75′ 72°09.80′ (*) ° ′ ° ′ EH ...... 39 57.50 70 22.80 FS ...... 39°32.65′ 72°06.10′ (*) ° ′ ° ′ EI ...... 39 57.10 70 25.40 FT ...... 39°35.45′ 72°02.00′ (*) ° ′ ° ′ EJ ...... 39 57.65 70 27.05 FU ...... 39°41.15′ 71°57.10′ (*) ° ′ ° ′ EK ...... 39 58.58 70 27.70 FV ...... 39°46.95′ 71°49.00′ (*) EL ...... 40°00.65′ 70°28.80′ FW ...... 39°53.10′ 71°42.70′ (*) EM ...... 40°02.20′ 70°29.15′ FX ...... 39°52.60′ 71°40.35′ (*) EN ...... 40°01.00′ 70°30.20′ FY ...... 39°53.10′ 71°36.10′ (*) EO ...... 39°58.58′ 70°31.85′ ° ′ ° ′ FZ ...... 39°57.50′ 71°20.60′ (*) EP ...... 39 57.05 70 34.35 ° ′ ° ′ EQ ...... 39°56.42′ 70°36.80′ GA ...... 40 00.70 71 19.80 (*) ° ′ ° ′ ER ...... 39°58.15′ 70°48.00′ GB ...... 39 59.30 71 18.40 (*) ° ′ ° ′ ES ...... 39°58.30′ 70°51.10′ GC ...... 40 02.00 71 01.30 (*) ° ′ ° ′ ET ...... 39°58.10′ 70°52.25′ GD ...... 40 00.50 70 57.60 (*) ° ′ ° ′ EU ...... 39°58.05′ 70°53.55′ GE ...... 40 00.10 70 45.10 (*) EV ...... 39°58.40′ 70°59.60′ GF ...... 39°58.90′ 70°38.65′ (*) EW ...... 39°59.80′ 71°01.05′ GG ...... 39°59.15′ 70°34.45′ (*) EX ...... 39°58.20′ 71°05.85′ GH ...... 40°00.55′ 70°32.10′ (*) EY ...... 39°57.45′ 71°12.15′ GI ...... 40°03.85′ 70°28.75′ (*) EZ ...... 39°57.20′ 71°15.00′ GJ ...... 39°59.75′ 70°25.50′ (*) FA ...... 39°56.30′ 71°18.95′ GK ...... 39°59.80′ 70°21.75′ (*) FB ...... 39°51.40′ 71°36.10′ GL ...... 40°00.70′ 70°18.60′ (*) FC ...... 39°51.75′ 71°41.50′ AA ...... 40°02.75′ 70°16.10′ (*) FD ...... 39°50.05′ 71°42.50′ FE ...... 39°50.00′ 71°45.00′ (5) Restricted Gear Area III. Restricted FF ...... 39°48.95′ 71°46.05′ FG ...... 39°46.60′ 71°46.10′ Gear Area III is defined by the fol- FH ...... 39°43.50′ 71°49.40′ lowing points connected in the order FI ...... 39°41.30′ 71°55.00′ listed by straight lines (points followed FJ ...... 39°39.00′ 71°55.60′ FK ...... 39°36.72′ 71°58.25′ by an asterisk are shared with an adja- FL ...... 39°35.15′ 71°58.55′ cent Restricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*) GL ...... 40°00.70′ N 70°18.60′ W (*) GK ...... 39°59.80′ N 70°21.75′ W (*) GJ ...... 39°59.75′ N 70°25.50′ W (*) GI ...... 40°03.85′ N 70°28.75′ W (*) GH ...... 40°00.55′ N 70°32.10′ W (*) GG ...... 39°59.15′ N 70°34.45′ W (*) GF ...... 39°58.90′ N 70°38.65′ W (*) GE ...... 40°00.10′ N 70°45.10′ W (*) GD ...... 40°00.50′ N 70°57.60′ W (*) GC ...... 40°02.00′ N 71°01.30′ W (*) GB ...... 39°59.30′ N 71°18.40′ W (*) GA ...... 40°00.70′ N 71°19.80′ W (*) FZ ...... 39°57.50′ N 71°20.60′ W (*) FY ...... 39°53.10′ N 71°36.10′ W (*) FX ...... 39°52.60′ N 71°40.35′ W (*) FW ...... 39°53.10′ N 71°42.70′ W (*) FV ...... 39°46.95′ N 71°49.00′ W (*) FU ...... 39°41.15′ N 71°57.10′ W (*) FT ...... 39°35.45′ N 72°02.00′ W (*) FS ...... 39°32.65′ N 72°06.10′ W (*) FR ...... 39°29.75′ N 72°09.80′ W (*) GM ...... 39°33.65′ N 72°15.00′ W GN ...... 39°47.20′ N 72°01.60′ W GO ...... 39°53.75′ N 71°52.25′ W GP ...... 39°55.85′ N 71°45.00′ W GQ ...... 39°55.60′ N 71°41.20′ W GR ...... 39°57.90′ N 71°28.70′ W GS ...... 40°10.70′ N 71°10.25′ W GT ...... 40°12.75′ N 70°55.05′ W GU ...... 40°11.05′ N 70°45.80′ W GV ...... 40°06.50′ N 70°40.05′ W GW ...... 40°05.60′ N 70°17.70′ W AA ...... 40°02.75′ N 70°16.10′ W (*)

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(6) Restricted Gear Area IV. Restricted listed by straight lines (points followed Gear Area IV is defined by the fol- by an asterisk are shared with an adja- lowing points connected in the order cent Restricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*) GX ...... 40°07.80′ N 70°09.20′ W GY ...... 40°07.60′ N 70°04.50′ W GZ ...... 40°02.10′ N 69°45.00′ W HA ...... 40°01.30′ N 69°45.00′ W HB ...... 40°00.50′ N 69°38.80′ W HC ...... 40°01.70′ N 69°37.40′ W HD ...... 40°01.70′ N 69°35.40′ W HE ...... 40°00.40′ N 69°35.20′ W HF ...... 39°57.30′ N 69°25.10′ W HG ...... 40°05.50′ N 69°09.00′ W HH ...... 40°14.30′ N 69°05.80′ W HI ...... 40°14.00′ N 69°04.70′ W HJ ...... 40°11.60′ N 68°53.00′ W HK ...... 40°13.60′ N 68°40.60′ W BS ...... 40°07.90′ N 68°36.00′ W (*) BR ...... 40°07.20′ N 68°38.40′ W (*) BQ ...... 40°06.90′ N 68°46.50′ W (*) BP ...... 40°08.70′ N 68°49.60′ W (*) BO ...... 40°08.10′ N 68°51.00′ W (*) BN ...... 40°05.70′ N 68°52.40′ W (*) BM ...... 40°03.60′ N 68°57.20′ W (*) BL ...... 40°03.65′ N 69°00.00′ W (*) BK ...... 40°04.35′ N 69°00.50′ W (*) BJ ...... 40°05.20′ N 69°00.50′ W (*) BI ...... 40°05.30′ N 69°01.10′ W (*) BH ...... 40°08.90′ N 69°01.75′ W (*) BG ...... 40°11.00′ N 69°03.80′ W (*) BF ...... 40°11.60′ N 69°05.40′ W (*) BE ...... 40°10.25′ N 69°04.40′ W (*) BD ...... 40°09.75′ N 69°04.15′ W (*) BC ...... 40°08.45′ N 69°03.60′ W (*) BB ...... 40°05.65′ N 69°03.55′ W (*) BA ...... 40°04.10′ N 69°03.90′ W (*) AZ ...... 40°02.65′ N 69°05.60′ W (*) AY ...... 40°02.00′ N 69°08.35′ W (*) AX ...... 40°02.65′ N 69°11.15′ W (*) AW ...... 40°00.05′ N 69°14.60′ W (*) AV ...... 39°57.80′ N 69°20.35′ W (*) AU ...... 39°56.75′ N 69°24.40′ W (*) AT ...... 39°56.50′ N 69°26.35′ W (*) AS ...... 39°56.80′ N 69°34.10′ W (*) AR ...... 39°57.85′ N 69°35.15′ W (*) AQ ...... 40°00.65′ N 69°36.50′ W (*) AP ...... 40°00.90′ N 69°37.30′ W (*) AO ...... 39°59.15′ N 69°37.30′ W (*) AN ...... 39°58.80′ N 69°38.45′ W (*) AM ...... 39°56.20′ N 69°40.20′ W (*) AL ...... 39°55.75′ N 69°41.40′ W (*) AK ...... 39°56.70′ N 69°53.60′ W (*) AJ ...... 39°57.55′ N 69°54.05′ W (*) AI ...... 39°57.40′ N 69°55.90′ W (*) AH ...... 39°56.90′ N 69°57.45′ W (*) AG ...... 39°58.25′ N 70°03.00′ W (*) AF ...... 39°59.20′ N 70°04.90′ W (*) AE ...... 40°00.70′ N 70°08.70′ W (*) AD ...... 40°03.75′ N 70°10.15′ W (*) AC ...... 40°05.20′ N 70°10.90′ W (*) AB ...... 40°02.45′ N 70°14.10′ W (*) AA ...... 40°02.75′ N 70°16.10′ W (*)

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[83 FR 15266, Apr. 9, 2018, as amended at 83 lowing permit categories, according to FR 17313, Apr. 19, 2018; 84 FR 68799, Dec. 17, the criteria specified. Permit holders 2019; 85 FR 44221, July 22, 2020] may request a change in permit cat- § 648.82 Effort-control program for NE egory, as specified in multispecies limited access vessels. § 648.4(a)(1)(i)(I)(2). Each fishing year shall begin on May 1 and extend (a) Except as provided in §§ 648.17 and through April 30 of the following year. 648.82(a)(2), a vessel issued a limited ac- cess NE multispecies permit may not Beginning May 1, 2004, with the excep- fish for, possess, or land regulated spe- tion of the limited access Small Vessel cies, except during a DAS, as allocated and Handgear A vessel categories de- under, and in accordance with, the ap- scribed in paragraphs (b)(5) and (6) of plicable DAS program described in this this section, respectively, NE multispe- section, unless otherwise provided else- cies DAS available for use will be cal- where in this part. culated pursuant to paragraphs (c) and (1) End-of-year carry-over. With the (d) of this section. exception of vessels that held a Con- (1) Individual DAS category. This cat- firmation of Permit History, as de- egory is for vessels allocated individual scribed in § 648.4(a)(1)(i)(J), for the en- DAS that are not fishing under the tire fishing year preceding the carry- Hook Gear, Combination, or Large- over year, limited access vessels that mesh individual categories. Beginning have unused DAS on the last day of May 1, 2004, for a vessel fishing under April of any year may carry over a the Individual DAS category, the base- maximum of 10 DAS into the next year. line for determining the number of NE Unused leased DAS may not be carried multispecies DAS available for use over. Vessels that have been sanctioned shall be calculated based upon the fish- through enforcement proceedings will ing history associated with the vessel’s be credited with unused DAS based on permit, as specified in paragraph (c)(1) their DAS allocation minus any total of this section. The number and cat- DAS that have been sanctioned egories of DAS that are allocated for through enforcement proceedings. For use in a given fishing year are specified the 2004 fishing year only, DAS carried in paragraph (d) of this section. over from the 2003 fishing year will be (2) Hook Gear category. To be eligible classified as Regular B DAS, as speci- for a Hook Gear category permit, the fied under paragraph (d)(2) of this sec- vessel must have been issued a limited tion. Beginning with the 2005 fishing access multispecies permit for the pre- year, for vessels with a balance of both ceding year, be replacing a vessel that unused Category A DAS and unused was issued a Hook Gear category per- Category B DAS at the end of the pre- vious fishing year (e.g., for the 2005 mit for the preceding year, or be re- fishing year, carry-over DAS from the placing a vessel that was issued a Hook 2004 fishing year), Category A DAS will Gear category permit that was issued a be carried over first, than Regular B Confirmation of Permit History. Begin- DAS, than Reserve B DAS. Category C ning May 1, 2004, for a vessel fishing DAS cannot be carried over. under the Hook Gear category, the (2) Notwithstanding any other provi- baseline for determining the number of sion of this part, any vessel issued a NE multispecies DAS available for use NE multispecies limited access permit shall be calculated based upon the fish- may not call into the DAS program ing history associated with the vessel’s and fish under a DAS, fish on a sector permit, as specified in paragraph (c)(1) trip, or fish under the provisions of a of this section. The number and cat- limited access Small Vessel Category egories of DAS that are allocated for or Handgear A permits pursuant to use in a given fishing year are specified paragraphs (b)(5) and (6) of this section, in paragraph (d) of this section. A ves- respectively, if such vessel carries pas- sel fishing under this category in the sengers for hire for any portion of a DAS program must meet or comply fishing trip. with the gear restrictions specified (b) Permit categories. All limited ac- under § 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v) cess NE multispecies permit holders and (c)(2)(iv) when fishing in the re- shall be assigned to one of the fol- spective regulated mesh areas.

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(3) Combination vessel category. To be Such a vessel is subject to the posses- eligible for a Combination vessel cat- sion limits specified for other regu- egory permit, a vessel must have been lated species and ocean pout, as speci- issued a Combination vessel category fied at § 648.86. Any vessel may elect to permit for the preceding year, be re- switch into the Small Vessel category, placing a vessel that was issued a Com- as provided in § 648.4(a)(1)(i)(I)(2), if the bination vessel category permit for the vessel meets or complies with the fol- preceding year, or be replacing a vessel lowing: that was issued a Combination vessel (A) The vessel is 30 ft (9.1 m) or less category permit that was also issued a in length overall, as determined by Confirmation of Permit History. Begin- measuring along a horizontal line ning May 1, 2004, for a vessel fishing drawn from a perpendicular raised from under the Combination vessel category, the outside of the most forward portion the baseline for determining the num- of the stem of the vessel to a perpen- ber of NE multispecies DAS available dicular raised from the after most por- for use shall be calculated based upon tion of the stern. the fishing history associated with the (B) If construction of the vessel was vessel’s permit, as specified in para- begun after May 1, 1994, the vessel graph (c)(1) of this section. The number must be constructed such that the and categories of DAS that are allo- quotient of the length overall divided cated for use in a given fishing year are by the beam is not less than 2.5. specified in paragraph (d) of this sec- (C) Acceptable verification for ves- tion. sels 20 ft (6.1 m) or less in length shall (4) Large Mesh Individual DAS cat- be USCG documentation or state reg- egory. This category is for vessels allo- istration papers. For vessels over 20 ft cated individual DAS that area not (6.1 m) in length overall, the measure- fishing under the Hook Gear, Combina- ment of length must be verified in tion, or Individual DAS categories. Be- writing by a qualified marine surveyor, ginning May 1, 2004, for a vessel fishing or the builder, based on the vessel’s under the Large Mesh Individual DAS category, the baseline for determining construction plans, or by other means the number of NE multispecies DAS determined acceptable by the Regional available for use shall be calculated Administrator. A copy of the based upon the fishing history associ- verification must accompany an appli- ated with the vessel’s permit, as speci- cation for a NE multispecies permit. fied in paragraph (c)(1) of this section. (D) Adjustments to the Small Vessel The number and categories of DAS category requirements, including that are allocated for use in a given changes to the length requirement, if fishing year are specified in paragraph required to meet fishing mortality (d) of this section. The number of Cat- goals, may be made by the Regional egory A DAS shall be increased by 36 Administrator following framework percent. To be eligible to fish under the procedures of § 648.90. Large Mesh Individual DAS category, a (ii) [Reserved] vessel, while fishing under this cat- (6) Handgear A category. A vessel egory, must fish under the specific reg- qualified and electing to fish under the ulated mesh area minimum mesh size Handgear A category, as described in restrictions, as specified in § 648.4(a)(1)(i)(A), may retain, per trip, § 648.80(a)(3)(iii), (a)(4)(iii), (b)(2)(iii), up to 300 lb (135 kg) of cod, one Atlantic and (c)(2)(ii). halibut, and the daily possession limit (5) Small Vessel category—(i) DAS allo- for other regulated species and ocean cation. A vessel qualified and electing pout, as specified under § 648.86. If ei- to fish under the Small Vessel category ther the GOM or GB cod trip limit ap- may retain up to 300 lb (136.1 kg) of plicable to a vessel fishing under a NE cod, haddock, and yellowtail flounder, multispecies DAS permit, as specified combined, and one Atlantic halibut per in § 648.86(b)(1) and (2), respectively, is trip, without being subject to DAS re- reduced below 300 lb (135 kg) per DAS strictions, provided the vessel does not by NMFS, the cod trip limit specified exceed the yellowtail flounder posses- in this paragraph (b)(6) shall be ad- sion restrictions specified at § 648.86(g). justed to be the same as the applicable

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cod trip limit specified for NE multi- fished during a single qualifying fish- species DAS permits. For example, if ing year, as specified in paragraphs the GOM cod trip limit for NE multi- (c)(1)(i) through (iv) of this section, species DAS vessels was reduced to 250 during the 6–year period from May 1, lb (113.4 kg) per DAS, then the cod trip 1996, through April 30, 2002, not to ex- limit for a vessel issued a Handgear A ceed the vessel’s annual allocation category permit that is fishing in the prior to August 1, 2002. A qualifying GOM Regulated Mesh Area would also year is one in which a vessel landed be reduced to 250 lb (113.4 kg). Qualified 5,000 lb (2,268 kg) or more of regulated vessels electing to fish under the multispecies, based upon landings re- Handgear A category are subject to the ported through dealer reports (based on following restrictions: live weights of landings submitted to (i) The vessel must not use or possess NMFS prior to April 30, 2003). If a ves- on board gear other than handgear sel that was originally issued a limited while in possession of, fishing for, or access NE multispecies permit was landing NE multispecies; lawfully replaced in accordance with (ii) Tub-trawls must be hand-hauled the replacement restrictions specified only, with a maximum of 250 hooks; in § 648.4(a), then the used DAS baseline and shall be defined based upon the DAS (iii) Declaration. For any such vessel used by the original vessel and by sub- that is not required to use VMS pursu- sequent vessel(s) associated with the ant to § 648.10(b)(4), to fish for GB cod permit during the qualification period south of the GOM Regulated Mesh specified in this paragraph (c)(1). The Area, as defined at § 648.80(a)(1), a ves- used DAS baseline shall be used to cal- sel owner or operator must obtain, and culate the number and category of DAS retain on board, a letter of authoriza- that are allocated for use in a given tion from the Regional Administrator fishing year, as specified in paragraph stating an intent to fish south of the (d) of this section. GOM Regulated Mesh Area and may (i) Except as provided in paragraphs not fish in any other area for a min- (c)(1)(ii) through (iv) of this section, imum of seven consecutive days from the vessel’s used DAS baseline shall be the effective date of the letter of au- determined by calculating DAS use re- thorization. For any such vessel that is ported under the DAS notification re- required, or elects, to use VMS pursu- quirements in § 648.10. ant to § 648.10(b)(4), to fish for GB cod (ii) For a vessel exempt from, or not south of the GOM Regulated Mesh subject to, the DAS notification sys- Area, as defined at § 648.80(a)(1), a ves- tem specified in § 648.10 during the pe- sel owner or operator must declare an riod May 1996 through June 1996, the intent to fish south of the GOM Regu- vessel’s used DAS baseline for that pe- lated Mesh Area on each trip through riod will be determined by calculating the VMS prior to leaving port, in ac- DAS use from vessel trip reports sub- cordance with instructions provided by mitted to NMFS prior to April 9, 2003. the Regional Administrator. Such ves- (iii) For a vessel enrolled in a Large sels may transit the GOM Regulated Mesh DAS category, as specified in Mesh Area, as defined at § 648.80(a)(1), paragraph (b)(4) of this section, the cal- provided that their gear is stowed and culation of the vessel’s used DAS base- not available for immediate use as de- line may not include any DAS allo- fined in § 648.2. cated or used by the vessel pursuant to (c) Used DAS baseline—(1) Calculation the provisions of the Large Mesh DAS of used DAS baseline. For all valid lim- category. ited access NE multispecies DAS ves- (2) [Reserved] sels, vessels issued a valid small vessel (d) DAS categories and allocations. For category permit, and NE multispecies all valid limited access NE multispe- Confirmation of Permit Histories, be- cies DAS permits, and NE multispecies ginning with the 2004 fishing year, a Confirmation of Permit Histories, be- vessel’s used DAS baseline shall be ginning with the 2004 fishing year, DAS based on the fishing history associated shall be allocated and available for use with its permit and shall be determined for a given fishing year according to by the highest number of reported DAS the following DAS Categories (unless

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otherwise specified, ‘‘NE multispecies are specified in paragraphs (d)(2)(i) and DAS’’ refers to any authorized cat- (ii) of this section. egory of DAS): (i) Regular B DAS—(A) Restrictions on (1) Category A DAS. Calculation of use. Regular B DAS can only be used by Category A DAS for each fishing year NE multispecies vessels in an approved is specified in paragraphs (d)(1)(i) SAP or in the Regular B DAS Program through (iv) of this section. An addi- as specified in § 648.85(b)(6). Unless oth- tional 36 percent of Category A DAS erwise restricted under the Regular B will be added and available for use for DAS Program as described in participants in the Large Mesh Indi- § 648.85(b)(6)(i), vessels may fish under vidual DAS permit category, as de- both a Regular B DAS and a Reserve B scribed in paragraph (b)(4) of this sec- DAS on the same trip (i.e., when fish- tion, provided the participants comply with the applicable gear restrictions. ing in an approved SAP as described in Category A DAS may be used in the NE § 648.85(b)). Vessels that are required by multispecies fishery to harvest and the Monkfish Fishery Management land stocks of regulated species or Plan to utilize a NE multispecies DAS, ocean pout, in accordance with all of as specified under § 648.92(b)(2), may not the conditions and restrictions of this elect to use a NE multispecies Cat- part. egory B DAS to satisfy that require- (i) For the 2004 and 2005 fishing years, ment. Category A DAS are defined as 60 per- (B) Calculation. Regular B DAS are cent of the vessel’s used DAS baseline calculated as follows: specified under paragraph (c)(1) of this (1) For the 2004 and 2005 fishing years, section. Regular B DAS are defined as 20 per- (ii) For the 2006 through 2008 fishing cent of the vessel’s DAS baseline speci- years, Category A DAS are defined as fied under paragraph (c)(1) of this sec- 55 percent of the vessel’s used DAS tion. baseline specified under paragraph (2) For the 2006 through 2008 fishing (c)(1) of this section. years, Regular B DAS are defined as (iii) For fishing year 2009 (May 1, 22.5 percent of the vessel’s DAS base- 2009, through April 30, 2010), Category A line specified under paragraph (c)(1) of DAS are defined as 45 percent of the this section. vessel’s used DAS baseline specified in paragraph (c)(1) of this section. (3) For fishing year 2009 (May 1, 2009, (iv) Starting in fishing year 2010 (be- through April 30, 2010), Regular B DAS ginning May 1, 2010), Category A DAS are defined as 27.5 percent of the ves- are defined as follows: sel’s used DAS baseline specified in (A) For a vessel fishing under the paragraph (c)(1) of this section. provisions of the common pool, as de- (4) Starting in fishing year 2010 (be- fined in this part, Category A DAS are ginning May 1, 2010), Regular B DAS defined as 27.5 percent of the vessel’s are defined as follows: used DAS baseline specified in para- (i) For a common pool vessel, Regular graph (c)(1) of this section, unless oth- B DAS are defined as 36.25 percent of erwise revised pursuant to paragraph the vessel’s used DAS baseline speci- (n)(1) of this section, or reduced pursu- fied in paragraph (c)(1) of this section, ant to § 648.87(b)(1)(iii). unless otherwise revised pursuant to (B) For a sector vessel, Category A paragraph (n)(1) of this section. DAS allocated for use when fishing in (ii) For a sector vessel, Regular B other fisheries that require the concur- DAS are defined as 27.5 percent of the rent use of a NE multispecies DAS are vessel’s used DAS baseline specified in defined as 45 percent of the vessel’s paragraph (c)(1) of this section. used DAS baseline specified in para- graph (ii) Reserve B DAS—(A) Restrictions on (2) Category B DAS. Category B DAS use. Reserve B DAS can only be used in are divided into Regular B DAS and an approved SAP, as specified in Reserve B DAS. Calculation of Cat- § 648.85. egory B DAS for each fishing year, and (B) Calculation. Reserve B DAS are restrictions on use of Category B DAS, calculated as follows:

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(1) For the 2004 and 2005 fishing years, would be charged 24 hr of Category A Reserve B DAS are defined as 20 per- DAS, not 16 hr; a vessel that fished for cent of the vessel’s DAS baseline speci- 25 hr would be charged 48 hr of Cat- fied under paragraph (c)(1) of this sec- egory A instead of 25 hr. tion. (ii) [Reserved] (2) For the 2006 through 2008 fishing (2) [Reserved] years, Reserve B DAS are defined as (3) Regular B DAS Program 24-hr clock. 22.5 percent of the vessel’s DAS base- For a vessel electing to fish in the Reg- line specified under paragraph (c)(1) of ular B DAS Program, as specified at this section. § 648.85(b)(6), that remains fishing under (3) For fishing year 2009 (May 1, 2009, a Regular B DAS for the entire fishing through April 30, 2010), Reserve B DAS trip (without a DAS flip), DAS shall ac- are defined as 27.5 percent of the ves- crue at the rate of 1 full DAS for each sel’s used DAS baseline specified in calendar day, or part of a calendar day paragraph (c)(1) of this section. fished. For example, a vessel that (4) Starting in fishing year 2010 (be- fished on 1 calendar day from 6 a.m. to ginning May 1, 2010), Reserve B DAS 10 p.m. would be charged 24 hr of Reg- are defined as follows: ular B DAS, not 16 hr; a vessel that left (i) For a common pool vessel, Reserve on a trip at 11 p.m. on the first cal- B DAS are defined as 36.25 percent of endar day and returned at 10 p.m. on the vessel’s used DAS baseline speci- the second calendar day would be fied in paragraph (c)(1) of this section, charged 48 hr of Regular B DAS instead unless otherwise revised pursuant to of 23 hr, because the fishing trip would paragraph (n)(1) of this section. have spanned 2 calendar days. For the (ii) For a sector vessel, Reserve B purpose of calculating trip limits speci- DAS are defined as 27.5 percent of the fied under § 648.86, the amount of DAS vessel’s used DAS baseline specified in deducted from a vessel’s DAS alloca- paragraph (c)(1) of this section. tion shall determine the amount of fish (3) Category C DAS—(i) Restriction on the vessel can land legally. For a vessel use. Category C DAS are reserved and electing to fish in the Regular B DAS may not be fished. Program, as specified at § 648.85(b)(6), (ii) Calculation. Category C DAS are while also fishing in an area subject to defined as the difference between a ves- differential DAS counting pursuant to sel’s used DAS baseline, as described in paragraph (n)(1)(i) of this section, Cat- paragraph (c)(1) of this section, and the egory B DAS shall accrue at the rate number of DAS allocated to the vessel described in this paragraph (e)(3), un- as of May 1, 2001. less the vessel flips to a Category A (e) Accrual of DAS. (1) When a vessel DAS, in which case the vessel is sub- is participating in the NE multispecies ject to the pertinent DAS accrual re- DAS program, as required by the regu- strictions of paragraph (n)(1) of this lations in this part, NE multispecies section for the entire trip. For vessels DAS shall accrue as specified in para- electing to fish in both the Regular B graphs (e)(1)(i) and (ii) of this section DAS Program, as specified in and shall be based upon the time § 648.85(b)(6), and in the Eastern U.S./ called, or logged into the DAS pro- Canada Area, as specified in § 648.85(a), gram, consistent with the DAS notifi- DAS counting will begin and end ac- cation requirements specified in cording to the DAS rules specified in § 648.10. For the purpose of calculating § 648.10(e)(5)(iv). trip limits specified in this part, the (f) DAS credits—(1) Good Samaritan amount of DAS deducted from a ves- credit. A limited access vessel fishing sel’s DAS allocation shall determine under the DAS program and that the amount of fish the vessel can land spends time at sea assisting in a USCG legally. search and rescue operation or assist- (i) Common pool vessels. For a common ing the USCG in towing a disabled ves- pool vessel, Category A DAS shall ac- sel, and that can document the occur- crue in 24-hr increments, unless other- rence through the USCG, shall not ac- wise required under paragraphs (n) or crue DAS for the time documented. (o) of this section. For example, a ves- (2) Canceled trip DAS credit. A limited sel that fished from 6 a.m. to 10 p.m. access vessel operating under the DAS

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program and that ends a fishing trip vessel name; date and time notification prior to setting and/or hauling fishing requirements specified under para- gear for any reason may request a can- graphs (f)(2)(ii) and (iii) of this section celled trip DAS credit for the trip were made; reason for canceling the based on the following conditions and trip; and owner/operator signature and requirements: date; and (i) There is no fish onboard the vessel (v) The vessel trip report for the can- and no fishing operations on the vessel celed trip as required under § 648.7(b) is were initiated, including setting and/or submitted along with the DAS credit hauling fishing gear; and request form; and (ii) The owner or operator of the ves- (vi) For DAS credits that are re- sel fishing under a DAS program and quested near the end of the fishing year required to use a VMS as specified as defined at § 648.2, and approved by under § 648.10(b) makes an initial trip the Regional Administrator, the cred- cancelation notification from sea, at ited DAS apply to the fishing year in the time the trip was canceled, or at which the canceled trip occurred. Cred- the earliest opportunity prior to cross- ited DAS that remain unused at the ing the demarcation line as defined at end of the fishing year or are not cred- § 648.10(a). These reports are in the ited until the following fishing year form of an email to NMFS Office of may be carried over into the next fish- Law Enforcement and include at least ing year, not to exceed the maximum the following information: Operator number of carryover DAS as specified name; vessel name; vessel permit num- under paragraph (a)(1) of this section. ber; port where vessel will return; date (3) DAS credit for standing by entan- trip started; estimated date/time of re- gled whales. A limited access vessel turn to port; and a statement from the fishing under the DAS program that re- operator must that no fish were on- ports and stands by an entangled whale board and no fishing activity occurred; may request a DAS credit for the time and spent standing by the whale. The fol- (iii) The owner or operator of the ves- sel operating under the DAS program lowing conditions and requirements required to use the IVR call in as speci- must be met to receive this credit: fied under § 648.10(h) makes an initial (i) At the time the vessel begins trip cancelation notification to NMFS standing by the entangled whale, the by calling the IVR back at the time the vessel operator must notify the USCG trip was canceled, or at the earliest op- and the Center for Coastal Studies, or portunity prior to returning to port. another organization authorized by the This request must include at least the Regional Administrator, of the loca- following information: Operator name; tion of the entangled whale and that vessel name; vessel permit number; the vessel is going to stand by the en- port where vessel will return; date trip tangled whale until the arrival of an started; estimated date/time of return authorized response team; to port; and a statement from the oper- (ii) Only one vessel at a time may re- ator that no fish were onboard and no ceive credit for standing by an entan- fishing activity occurred; and gled whale. A vessel standing by an en- (iv) The owner or operator of the ves- tangled whale may transfer its stand- sel requesting a canceled trip DAS by status to another vessel while wait- credit, in addition to the requirements ing for an authorized response team to in paragraphs (f)(2)(ii) and (iii) of this arrive, provided it notifies the USCG section, submits a written DAS credit and the Center for Coastal Studies, or request form to NMFS within 30 days another organization authorized by the of the vessel’s return to port from the Regional Administrator, of the trans- canceled trip. This application must fer. The vessel to which stand-by sta- include at least the following informa- tus is transferred must also notify the tion: Date and time when the vessel USCG and the Center for Coastal Stud- canceled the fishing trip; date and time ies or another organization authorized of trip departure and landing; operator by the Regional Administrator of this name; owner/corporation name; permit transfer and comply with the condi- number; hull identification number; tions and restrictions of this part;

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(iii) The stand-by vessel must be endar year, using the notification re- available to answer questions on the quirements specified in § 648.10. A ves- condition of the , possible spe- sel fishing under a Day gillnet category cies identification, severity of entan- designation is prohibited from fishing glement, etc., and take photographs of with gillnet gear capable of catching the whale, if possible, regardless of the NE multispecies during its declared 20- species of whale or whether the whale day spawning block, unless the vessel is alive or dead, during its stand-by is fishing in an exempted fishery, as de- status and after terminating its stand- scribed in § 648.80. If a vessel owner has by status. The stand-by vessel must re- not declared and been out of the fish- main on scene until the USCG or an ery for a 20-day period between March authorized response team arrives, or 1 and May 31 of each calendar year on the vessel is informed that an author- or before May 12 of each year, the ves- ized response team will not arrive. If sel is prohibited from fishing for, pos- the vessel receives notice that a re- sessing or landing any regulated spe- sponse team is not available, the vessel cies, ocean pout, or non-exempt species may discontinue standing-by the en- during the period from May 12 through tangled whale and continue fishing op- erations; and May 31. (iv) To receive credit for standing by (h) Declaring DAS and blocks of time an entangled whale, a vessel must sub- out. A vessel’s owner or authorized rep- mit a written request to the Regional resentative shall notify the Regional Administrator. This request must in- Administrator of a vessel’s participa- clude at least the following informa- tion in the DAS program; declaration tion: Date and time when the vessel of its 120 days out of the non-exempt began its stand-by status; date of first gillnet fishery, if designated as a Day communication with the USCG; and gillnet category vessel, as specified in date and time when the vessel termi- paragraph (j) of this section; and dec- nated its stand-by status. DAS credit laration of its 20-day period out of the shall not be granted for the time a ves- NE multispecies DAS program, or, for sel fishes when standing by an entan- a sector vessel that the vessel will not gled whale. Upon a review of the re- fish with gear capable of catching NE quest, NMFS shall consider granting multispecies, using the notification re- the DAS credit based on information quirements specified in § 648.10. available at the time of the request, re- (i) [Reserved] gardless of whether an authorized re- (j) Gillnet restrictions. A vessel issued sponse team arrives on scene or a res- a limited access NE multispecies per- cue is attempted. NMFS shall notify mit may fish under a NE multispecies the permit holder of any DAS adjust- DAS, under the provisions of the small ment that is made or explain the rea- vessel permit category, or on a sector sons why an adjustment will not be trip with gillnet gear, provided the made. owner of the vessel obtains an annual (g) Spawning season restrictions. A ves- designation as either a Day or Trip sel issued a valid Small Vessel cat- egory permit specified in paragraph gillnet vessel, as described in (b)(5) of this section, or a vessel issued § 648.4(c)(2)(iii), and provided the vessel an open access Handgear B permit, as complies with the gillnet vessel gear specified in § 648.88(a), may not fish for, requirements and restrictions specified possess, or land regulated species or in § 648.80. ocean pout from March 1 through (1) Day gillnet vessels. Unless other- March 20 of each year. A common pool wise exempted in this part, a Day vessel must declare out and be out of gillnet vessel fishing with gillnet gear the NE multispecies DAS program, and under a NE multispecies DAS, the pro- a sector must declare that the vessel visions of a small vessel permit cat- will not fish with gear capable of egory, or on a sector trip is not re- catching NE multispecies (i.e., gear quired to remove gear from the water that is not defined as exempted gear upon returning to the dock and calling under this part), for a 20-day period be- out of the DAS program, as appro- tween March 1 and May 31 of each cal- priate, provided the vessel complies

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with the restrictions specified in para- fishes with gear other than non-ex- graphs (j)(1)(i) through (iii) of this sec- empted gillnet gear. tion. Vessels electing to fish under the (iii) Method of counting DAS. A Day Day gillnet designation must have on gillnet vessel fishing with gillnet gear board written confirmation, issued by under a NE multispecies DAS shall ac- the Regional Administrator, that the crue DAS as follows: vessel is a Day gillnet vessel. (A) A Day gillnet vessel fishing with (i) Removal of gear. All gillnet gear gillnet gear that has elected to fish in must be brought to port prior to the the Regular B DAS Program, as speci- vessel fishing in an exempted fishery. fied in § 648.85(b)(6), under a Category B (ii) Declaration of time out of the gillnet DAS, is subject to the DAS accrual fishery. (A) During each fishing year, a provisions of paragraph (e)(1)(i) of this Day gillnet vessel must declare, and section. take, a total of 120 days out of the non- (B) A Day gillnet vessel fishing with exempt gillnet fishery. Each period of gillnet gear under a NE multispecies time declared and taken must be a Category A DAS shall accrue DAS as minimum of 7 consecutive days. At follows: least 21 days of this time must be (1) A Day gillnet vessel on a common taken between June 1 and September 30 pool trip is subject to the DAS accrual of each fishing year. The spawning sea- provisions of paragraph (e)(1)(i) of this son time out period required by para- section. graph (g) of this section shall be cred- (2) A Day gillnet vessel on a sector ited toward the 120 days time out of trip is subject to the DAS accrual pro- the non-exempt gillnet fishery. If a visions of paragraph (e)(1)(ii) of this vessel owner has not declared and section. taken any or all of the remaining peri- (2) Trip gillnet vessels. When fishing ods of time required to be out of the under a NE multispecies DAS, under fishery by the last possible date to the provisions of the small vessel cat- meet these requirements, the vessel is egory permit, or on a sector trip, a prohibited from fishing for, possessing, Trip gillnet vessel is required to re- or landing regulated multispecies, move all gillnet gear from the water ocean pout, or non-exempt species har- before returning to port upon the com- vested with gillnet gear and from hav- pletion of a fishing trip and calling out ing gillnet gear on board the vessel of a NE multispecies DAS, as applica- that is not stowed and not available for ble, under § 648.10(e)(5) or (h)(5), respec- immediate use as defined in § 648.2 tively. When not fishing under a NE while fishing under a NE multispecies multispecies DAS, Trip gillnet vessels DAS, the provisions of the small vessel may fish in an exempted fishery with category permit, or on a sector trip gillnet gear, as authorized by § 648.80. from that date through the end of the Vessels electing to fish under the Trip period between June 1 and September gillnet designation must have on board 30, or through the end of the fishing written confirmation issued by the Re- year, as applicable, unless otherwise gional Administrator that the vessel is exempt pursuant to § 648.87. a Trip gillnet vessel. (B) Any such vessel shall declare its (k) NE Multispecies DAS Leasing Pro- required time periods through the noti- gram—(1) Program description. Eligible fication procedures specified in vessels, as specified in paragraph (k)(2) § 648.10(j)(2). of this section, may lease Category A (C) During each period of time de- DAS to and from other eligible vessels, clared out, any such vessel is prohib- in accordance with the restrictions and ited from fishing with non-exempted conditions of this section. The Re- gillnet gear and must remove such gear gional Administrator has final ap- from the water. However, the vessel proval authority for all NE multispe- may fish in an exempted fishery, as de- cies DAS leasing requests. scribed in § 648.80, or it may fish under (2) Eligible vessels. (i) A vessel issued a a NE multispecies DAS, under the pro- valid limited access NE multispecies visions of the small vessel category permit is eligible to lease Category A permit, or on a sector trip, provided it DAS to or from another such vessel,

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subject to the conditions and require- part; or the Lessor has an insufficient ments of this part, unless the vessel number of allocated or unused DAS was issued a valid Small Vessel or available to lease. Upon denial of an Handgear A permit specified under application to lease NE multispecies paragraphs (b)(5) and (6) of this section, DAS, the Regional Administrator shall respectively. send a letter to the applicants describ- (ii) Subject to the conditions and re- ing the reason(s) for application rejec- quirements of this part, DAS associ- tion. The decision by the Regional Ad- ated with a confirmation of permit his- ministrator is the final agency deci- tory may be leased to another vessel sion. without placing the permit on an ac- (4) Conditions and restrictions on leased tive vessel. DAS—(i) Confirmation of permit history. (3) Application to lease NE multispecies Pursuant to paragraph (k)(2)(ii) of this DAS—(i) Application information require- section, DAS associated with a con- ments. An application to lease Category firmation of permit history may be A DAS must contain the following in- leased. formation: Lessor’s owner name, vessel (ii) Sub-leasing. In a fishing year, a name, permit number and official num- Lessor or Lessee vessel may not sub- ber or state registration number; Les- lease DAS that have already been see’s owner name, vessel name, permit leased to another vessel. Any portion number and official number or state of a vessel’s DAS may not be leased registration number; number of NE more than one time during a fishing multispecies DAS to be leased; total year. priced paid for leased DAS; signatures (iii) Carry-over of leased DAS. Leased of Lessor and Lessee; and date form DAS that remain unused at the end of was completed. Information obtained the fishing year may not be carried from the lease application will be held over to the subsequent fishing year by confidential, according to applicable the Lessor or Lessee vessel. Federal law. Aggregate data may be (iv) [Reserved] used in the analysis of the DAS Leas- (v) History of leased DAS use. The his- ing Program. tory of leased DAS use shall be pre- (ii) Approval of lease application. Un- sumed to remain with the Lessor ves- less an application to lease Category A sel. In the case of multiple leases to DAS is denied according to paragraph one vessel, the history of leased DAS (k)(3)(iii) of this section, the Regional use shall be presumed to remain with Administrator shall issue confirmation the Lessor in the order in which such of application approval to both Lessor leases were approved by NMFS. For the and Lessee within 45 days of receipt of purpose of accounting for leased DAS an application. use, leased DAS will be accounted for (iii) Denial of lease application. The (subtracted from available DAS) prior Regional Administrator may deny an to allocated DAS. application to lease Category A DAS (vi) Monkfish Category C, D, F, G and for any of the following reasons, in- H vessels. A vessel that possesses a cluding, but not limited to: The appli- valid limited access NE multispecies cation is incomplete or submitted past DAS permit and a valid limited access the April 30 deadline; the Lessor or monkfish Category C, D, F, G, or H per- Lessee has not been issued a valid lim- mit and leases NE multispecies DAS to ited access NE multispecies permit or or from another vessel is subject to the is otherwise not eligible; the Lessor’s restrictions specified in § 648.92(b)(2). or Lessee’s DAS are under sanction (vii) DAS Category restriction. A vessel pursuant to an enforcement pro- may lease only Category A DAS, as de- ceeding; the Lessor’s or Lessee’s vessel scribed under paragraph (d)(1) of this is prohibited from fishing; the Lessor’s section. or Lessee’s limited access NE multispe- (viii) Duration of lease. A vessel leas- cies permit is sanctioned pursuant to ing DAS may only fish those leased an enforcement proceeding; the Lessor DAS during the fishing year in which or Lessee vessel is determined not in they were leased. compliance with the conditions, re- (ix) Size restriction of Lessee vessel. A strictions, and requirements of this Lessor vessel only may lease DAS to a

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Lessee vessel with a baseline main en- gram and does not affect or change the gine horsepower rating that is no more baseline associated with the DAS than 20 percent greater than the base- Transfer Program specified in para- line engine horsepower of the Lessor graph (l)(1)(ii) of this section, or the vessel. A Lessor vessel may only lease vessel replacement or upgrade restric- DAS to a Lessee vessel with a baseline tions specified at § 648.4(a)(1)(i)(E) and length overall that is no more than 10 (F), or any other provision. percent greater than the baseline (C) Duration of the one-time DAS Leas- length overall of the Lessor vessel. For ing Program baseline downgrade. Unless the purposes of this program, the base- otherwise specified in this paragraph line horsepower and length overall (k)(4)(xi)(C) of this section, the down- specifications of vessels are those asso- graded DAS Leasing Program baseline ciated with the permit as of January remains in effect until the DAS Leas- 29, 2004, unless otherwise modified ac- ing Program expires or the permit is cording to paragraph (k)(4)(xi) of this transferred to another vessel via a ves- section. sel replacement, or through a DAS (x) Leasing by vessels fishing under a transfer. With the exception of vessels sector allocation. A sector vessel may combining DAS Leasing Program base- not lease DAS to or from common pool lines from two different vessels vessels, but may lease DAS to or from through the DAS Transfer Program as another sector vessel during the fishing outlined in paragraph (k)(4)(xi)(C)(2) of year in which the vessel is a member of this section, once the DAS Leasing a sector. Program baseline is downgraded for a (xi) One-time downgrade of DAS Leas- particular permit, no further down- ing Program baseline. Unless otherwise grades may be authorized for that per- specified in paragraph (k)(4)(xi)(B) and mit. (C) of this section, for the purposes of determining eligibility for leasing DAS (1) Vessel replacement. If the permit is only, a vessel owner may elect to make transferred to another vessel via a ves- a one-time downgrade to the vessel’s sel replacement, the DAS Leasing Pro- DAS Leasing Program baseline length gram baseline reverts to the baseline and horsepower as specified in para- horsepower and length overall speci- graph (k)(4)(ix) of this section to match fications associated with the permit the length overall and horsepower spec- prior to the one-time downgrade. ifications of the vessel that is cur- (2) DAS Transfer Program. For vessels rently issued the permit. involved in a DAS Transfer Program (A) Application for a one-time DAS transaction as described in paragraph Leasing Program baseline downgrade. To (l) of this section, if the transferee ves- downgrade the DAS Leasing Program sel baseline is adopted, consistent with baseline, eligible NE multispecies ves- the regulations under paragraph sels must submit a completed applica- (l)(1)(ii) of this section, and the DAS tion form obtained from the Regional Leasing Program baseline of the trans- Administrator. An application to feree vessel was previously down- downgrade a vessel’s DAS Leasing Pro- graded, consistent with the regulations gram baseline must contain at least under this paragraph (k)(4)(xi), the the following information: Vessel own- downgraded DAS Leasing Program er’s name, vessel name, permit number, baseline specifications remain valid. official number or state registration For vessels involved in a DAS Transfer number, current vessel length overall Program transaction where a combina- and horsepower specifications, an indi- tion of the transferor and transferee cation whether additional information vessel baselines is adopted resulting in is included to document the vessel’s a new vessel baseline, any previous current specifications, and the signa- DAS Leasing Program baseline down- ture of the vessel owner. grade for either the transferor or trans- (B) Applicability of the one-time DAS feree vessel will be voided and the Leasing Program baseline downgrade. transferee vessel would have an addi- The downgraded DAS Leasing Program tional opportunity to downgrade its baseline may only be used to determine combined DAS Leasing Program base- eligibility for the DAS Leasing Pro- line.

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(l) DAS Transfer Program. Except for transferee vessel in accordance with vessels fishing under a sector alloca- the vessel replacement restrictions tion as specified in § 648.87, or a vessel under § 648.4, or permanently cancel that acted as a lessee or lessor in the such permits. When duplicate permits DAS Leasing Program transaction, a exist, i.e., those permits for which both vessel issued a valid limited access NE the transferor and transferee vessel are multispecies permit may transfer all of eligible, one of the duplicate permits its NE multispecies DAS for an indefi- must be permanently cancelled. nite time to another vessel with a valid (iv) [Reserved] NE multispecies permit, in accordance (v) In any particular fishing year, a with the conditions and restrictions de- vessel may not execute a DAS transfer scribed under this section. The Re- as a transferor if it previously partici- gional Administrator has final ap- pated in the DAS Leasing Program as proval authority for all NE multispe- either a lessee or a lessor, as described cies DAS transfer requests. under paragraph (k) of this section. A (1) DAS transfer conditions and restric- vessel may participate in DAS lease tions. (i) The transferor vessel must transaction (as a lessee or a lessor) and transfer all of its DAS. Upon approval submit an application for a DAS trans- of the DAS transfer, all history associ- fer (as a transferor) during the same ated with the transferred NE multispe- fishing year, but the transfer, if ap- cies DAS (moratorium right history, proved, would not be effective until the DAS use history, and catch history) beginning of the following fishing year. shall be associated with the permit Other combinations of activities under rights of the transferee. Neither the in- the DAS Leasing and DAS Transfer dividual permit history elements, nor programs are permissible during the total history associated with the trans- same fishing year (i.e., act as a trans- ferred DAS may be retained by the feree, or act as transferor and subse- transferor. quently conduct a DAS lease). (ii) NE multispecies DAS may be (vi) Confirmation of permit history. NE transferred only to a vessel with a multispecies DAS associated with a baseline main engine horsepower rat- Confirmation of Permit History may be ing that is no more than 20 percent transferred. greater than the baseline engine horse- (vii) Transfer by sector vessels. A sec- power of the transferor vessel. NE tor vessel may not transfer DAS to or multispecies DAS may be transferred from vessels that are fishing under the only to a vessel with a baseline length provisions of the common pool or an- overall that is no more than 10 percent other sector, but may transfer DAS to greater than the baseline length over- or from another vessel participating in all of the transferor vessel. For the that vessel’s sector during the fishing purposes of this program, the baseline year in which the vessel is a member of horsepower and length overall are a particular sector. those associated with the permit as of (viii) Unless otherwise restricted by January 29, 2004. Upon approval of the this part, a vessel with a NE multispe- transfer, the baseline of the transferee cies limited access Category D permit vessel would be the smaller baseline of may transfer DAS only to a vessel with the two vessels or the vessel owner a NE multispecies limited access Cat- could choose to adopt the larger base- egory D permit, but may receive trans- line of the two vessels provided such an ferred DAS from any eligible NE multi- upgrade is consistent with provisions species vessel. of this paragraph (l)(1)(ii). A vessel (2) Application to transfer DAS. Owners that has executed a one-time down- of the vessels applying to transfer and grade of a DAS Leasing Program base- receive DAS must submit a completed line in accordance with paragraph application form obtained from the Re- (k)(4)(xi) of this section is subject to gional Administrator. The application the restrictions of paragraph must be signed by both seller/trans- (k)(4)(xi)(C) of this section. feror and buyer/transferee of the DAS, (iii) The transferor vessel must trans- and submitted to the Regional Office at fer all of its Federal limited access per- least 45 days before the date on which mits for which it is eligible to the the applicant desires to have the DAS

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effective on the buying vessel. The Re- tunity to appeal the Regional Adminis- gional Administrator will notify the trator’s decision. applicants of any deficiency in the ap- (m) [Reserved] plication pursuant to this section. Ap- (n) NE multispecies common pool ac- plications may be submitted at any countability measure (AM). Common time during the fishing year, up until pool vessels are subject to the fol- March 1. lowing AMs, in addition to the DAS ac- (i) Application information require- crual provisions specified in paragraph ments. An application to transfer NE (e) of this section and other measures multispecies DAS must contain the fol- specified in this part. lowing information: Seller’s/trans- (1) Differential DAS counting AM for feror’s name, vessel name, permit num- fishing years 2010 and 2011. Unless other- ber and official number or state reg- wise specified pursuant to § 648.90(a)(5), istration number; buyer’s/transferee’s based upon catch and other informa- name, vessel name, permit number and tion available to NMFS by February of official number or state registration each year, the Regional Administrator number; total price paid for purchased shall project the catch of regulated DAS; signatures of seller and buyer; species or ocean pout by common pool and date the form was completed. In- vessels for the fishing year ending on formation obtained from the transfer April 30 to determine whether such application will be held confidential, catch will exceed any of the sub-ACLs and will be used only in summarized specified for common pool vessels pur- form for management of the fishery. suant to § 648.90(a)(4)(iii). This initial (ii) Approval of transfer application. projection of common pool catch shall Unless an application to transfer NE be updated shortly after the end of multispecies DAS is denied according each fishing year, once information be- to paragraph (l)(2)(iii) of this section, comes available regarding the catch of the Regional Administrator shall issue regulated species and ocean pout by confirmation of application approval to vessels fishing for groundfish in state both seller/transferor and buyer/trans- waters outside of the FMP, vessels fish- feree within 45 days of receipt of an ap- ing in exempted fisheries, and vessels plication. fishing in the Atlantic sea scallop fish- (iii) Denial of transfer application. The ery; and the catch of Atlantic halibut, Regional Administrator may reject an SNE/MA winter flounder, ocean pout, application to transfer NE multispecies windowpane flounder, and Atlantic DAS for the following reasons: The ap- wolffish by sector vessels to determine plication is incomplete or submitted if excessive catch by such vessels re- past the March 1 deadline; the seller/ sulted in the overall ACL for a par- transferor or buyer/transferee does not ticular stock to be exceeded. If such possess a valid limited access NE catch resulted in the overall ACL for a multispecies permit; the seller’s/trans- particular stock being exceeded, the feror’s or buyer’s/transferee’s DAS is common pool’s catch of that stock sanctioned, pursuant to an enforce- shall be increased by an amount equal ment proceeding; the seller’s/trans- to the amount of the overage of the feror’s or buyer/transferee’s vessel is overall ACL for that stock multiplied prohibited from fishing; the seller’s/ by the common pool’s share of the transferor’s or buyer’s/transferee’s lim- overall ACL for that stock calculated ited access NE multispecies permit is pursuant to § 648.90(a)(4)(iii)(H)(2). For sanctioned pursuant to enforcement example, if the 2010 overall ACL for proceedings; or the seller/transferor GOM cod was exceeded by 10,000 lb has a DAS baseline of zero. Upon denial (4,536 kg) due to excessive catch of that of an application to transfer NE multi- stock by vessels fishing in state waters species DAS, the Regional Adminis- outside the FMP, and the common trator shall send a letter to the appli- pool’s share of the 2010 overall GOM cants describing the reason(s) for appli- cod ACL was 5 percent, then the com- cation rejection. The decision by the mon pool’s 2010 catch of GOM cod shall Regional Administrator is the final be increased by 500 lb (226.8 kg) (10,000 agency decision and there is no oppor- lb (4,536 kg) × 0.05 of the overall GOM

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cod ACL). If, based on the initial pro- ment a differential DAS counting fac- jection completed in February, the Re- tor of 1.2 to any Category A DAS fished gional Administrator projects that any by common pool vessels only within of the sub-ACLs specified for common the Inshore GOM Differential DAS pool vessels will be exceeded or under- Area during the following fishing year. harvested, the Regional Administrator For any differential DAS counting fac- shall implement a differential DAS tor implemented in fishing year 2011, counting factor to all Category A DAS the differential DAS counting factor used within the stock area in which the shall be applied against the DAS ac- sub-ACL was exceeded or underhar- crual provisions specified in paragraph vested, as specified in paragraph (e)(1)(i) of this section for the time (n)(1)(i) of this section, during the fol- spent fishing in the applicable differen- lowing fishing year, in a manner con- tial DAS counting area based upon the sistent with the Administrative Proce- first VMS position into the applicable dure Act. Any differential DAS count- differential DAS counting area and the ing implemented at the start of the first VMS position outside of the appli- fishing year will be reevaluated and re- cable differential DAS counting area, calculated, if necessary, once updated pursuant to § 648.10. For example, if a information is obtained. The differen- vessel fished 12 hr inside a differential tial DAS counting factor shall be based DAS counting area where a differential upon the projected proportion of the DAS counting factor of 1.2 would be ap- sub-ACL of each NE multispecies stock plied, and 12 hr outside of the differen- caught by common pool vessels, round- tial DAS counting area, the vessel ed to the nearest even tenth, as speci- would be charged 48 hr of DAS use be- fied in paragraph (n)(1)(ii) of this sec- cause DAS would be charged in 24-hr tion, unless otherwise specified pursu- increments ((12 hr inside the area × 1.2 ant to § 648.90(a)(5). For example, if the Regional Administrator projects that = 14.4 hr) + 12 hr outside the area, common pool vessels will catch 1.18 rounded up to the next 24-hr increment times the sub-ACL for GOM cod during to determine DAS charged). For any fishing year 2010, the Regional Admin- differential DAS counting factor imple- istrator shall implement a differential mented in fishing year 2012, the dif- DAS counting factor of 1.2 to all Cat- ferential DAS counting factor shall be egory A DAS used by common pool ves- applied against the DAS accrual provi- sels only within the Inshore GOM Dif- sions in paragraph (e)(1)(i) of this sec- ferential DAS Area during fishing year tion, or if a differential DAS counting 2011 (i.e., Category A DAS will be factor was implemented for that stock charged at a rate of 28.8 hr for every 24 area during fishing year 2011, against hr fished—1.2 times 24-hr DAS count- the DAS accrual rate applied in fishing ing). If it is projected that catch in a year 2011. For example, if a differential particular fishing year will exceed or DAS counting factor of 1.2 was applied underharvest the sub-ACLs for several to the Inshore GOM Differential DAS regulated species stocks within a par- Area during fishing year 2011 due to a ticular stock area, including both ex- 20-percent overage of the GOM cod sub- ceeding and underharvesting several ACL, yet the GOM cod sub-ACL was ex- sub-ACLs within a particular stock ceeded again, but by 50 percent during area, the Regional Administrator shall fishing year 2011, an additional dif- implement the most restrictive dif- ferential DAS factor of 1.5 would be ap- ferential DAS counting factor derived plied to the DAS accrual rate applied from paragraph (n)(1)(ii) of this section during fishing year 2012 (i.e., the DAS for the sub-ACLs exceeded or underhar- accrual rate in the Inshore GOM Dif- vested to any Category A DAS used by ferential DAS Counting Area during common pool vessels within that par- fishing year 2012 would be 43.2 hr ticular stock area. For example, if it is charged for every 24-hr fished—1.2 × 1.5 projected that common pool vessels × 24-hr DAS charge). If the Regional will be responsible for 1.2 times the Administrator determines that similar GOM cod sub-ACL and 1.1 times the CC/ DAS adjustments are necessary in all GOM yellowtail flounder sub-ACL, the stock areas, the Regional Adminis- Regional Administrator shall imple- trator will adjust the ratio of Category

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A:Category B DAS specified in para- OFFSHORE GOM DIFFERENTIAL DAS AREA— graph (d)(1) of this section to reduce Continued the number of available Category A DAS available based upon the amount Point N. latitude W. longitude of the overage, rather than apply a dif- INGOM1 ...... (1) 69°30′ ferential DAS counting factor to all 1 Intersection with ME shoreline. Category A DAS used in all stock areas. (C) Inshore GB Differential DAS Area. (i) Differential DAS counting areas. The Inshore GB Differential DAS Area The following differential DAS count- applies to the following stocks of regu- ing areas shall be used for the purposes lated species: Witch flounder, Amer- of implementing the differential DAS ican plaice, white hake, Atlantic hal- counting AM specified in paragraph ibut, redfish, pollock, CC/GOM (n)(1) of this section: yellowtail flounder, GB cod, GB had- (A) Inshore GOM Differential DAS dock, SNE/MA winter flounder, and At- Area. The Inshore GOM Differential lantic wolffish. The Inshore GB Dif- DAS Area applies to the following ferential DAS Area is defined as the stocks of regulated species: White area bounded by straight lines con- hake, pollock, GOM cod, GOM haddock, necting the following points in the CC/GOM yellowtail flounder, GOM win- order stated: ter flounder, and Atlantic wolffish. The Inshore GOM Differential DAS Area is INSHORE GB DIFFERENTIAL DAS AREA defined as the area bounded on the Point N. latitude W. longitude west by the shoreline of the United States and bounded on the east by G9 ...... (1) 70°00′ G10 ...... 42°20′ 70°00′ straight lines connecting the following IGB1 ...... 42°20′ 68°50′ points in the order stated: IGB2 ...... 41°00′ 68°50′ IGB3 ...... 41°00′ 69°30′ INSHORE GOM DIFFERENTIAL DAS AREA IGB4 ...... 41°10′ 69°30′ IGB5 ...... 41°10′ 69°50′ Point N. latitude W. longitude IGB6 ...... 41°20′ 69°50′ IGB7 ...... 41°20′ 70°00′ INGOM1 ...... (1) 69°30′ G12 ...... (2) 70°00′ INGOM2 ...... 43°00′ 69°30′ ° ′ ° ′ 1 The intersection of the Cape Cod, MA, coastline and INGOM3 ...... 43 00 70 00 70°00′ W. longitude. 2 ° ′ INGOM4 ...... ( ) 70 00 2 South-facing shoreline of Cape Cod, MA. 1 Intersection with ME shoreline. 2 North-facing shoreline of Cape Cod, MA. (D) Offshore GB Differential DAS Area. The Offshore GB Differential DAS Area (B) Offshore GOM Differential DAS applies to the following stocks of regu- Area. The Offshore GOM Differential lated species: Witch flounder, Amer- DAS Area applies to the following ican plaice, Atlantic halibut, northern stocks of regulated species: GOM had- windowpane flounder, GB cod, GB had- dock, white hake, pollock, redfish, dock, GB yellowtail flounder, and GB witch flounder, American plaice, and winter flounder. The Offshore GB Dif- Atlantic halibut. The Offshore GOM ferential DAS Area is defined as the Differential DAS Area is defined as the area bounded on the east by the U.S./ area bounded on the north by the Canadian maritime boundary and shoreline of Maine, bounded on the east straight lines connecting the following by the U.S./Canadian maritime bound- points in the order stated: ary, and bounded on the south and west by straight lines connecting the fol- OFFSHORE GB DIFFERENTIAL DAS AREA lowing points in the order stated: Point N. latitude W. longitude

OFFSHORE GOM DIFFERENTIAL DAS AREA IGB1 ...... 42°20′ 68°50′ OGB1 ...... 42°20′ 67°20′ Point N. latitude W. longitude CII3 ...... (1) 67°20′ OGB2 ...... 40°10′ (1) CII3 ...... 42°22′ 67°20′ OGB3 ...... 40°10′ 68°50′ OFFGOM1 ...... 42°20′ 67°20′ IGB1 ...... 42°20′ 68°50′ OFFGOM2 ...... 42°20′ 70°00′ OFFGOM5 ...... 43°00′ 70°00′ 1 The U.S./Canada maritime boundary as it intersects with INGOM2 ...... 43°00′ 69°30′ the EEZ.

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(E) SNE/MA Differential DAS Area. Proportion of ACL caught Differential DAS The SNE/MA Differential DAS Area ap- factor plies to the following stocks of regu- 1.4 ...... 1.4 lated species or ocean pout: SNE/MA 1.5 ...... 1.5 winter flounder, SNE/MA yellowtail 1.6 ...... 1.6 flounder, southern windowpane floun- 1.7 ...... 1.7 der, and ocean pout. The SNE/MA Dif- 1.8 ...... 1.8 1.9 ...... 1.9 ferential DAS Area is defined as the 2.0 ...... 2.0 area bounded on the north and west by the coastline of the United States, (iii) Mixed-stock exception. When de- bounded on the east and south by termining the differential DAS count- straight lines connecting the following ing AM specified in this paragraph points in the order stated: (n)(1), the Regional Administrator shall conduct an analysis to determine SNE/MA DIFFERENTIAL DAS AREA whether the mixed-stock exception, as Point N. latitude W. longitude specified in § 600.310(m), may be appli- cable. If the analysis concludes that 1 ° ′ G12 ...... ( ) 70 00 the mixed-stock exception is applica- IGB7 ...... 41°20′ 70°00′ IGB6 ...... 41°20′ 69°50′ ble, the Regional Administrator shall IGB5 ...... 41°10′ 69°50′ modify or not apply a differential DAS IGB4 ...... 41°10′ 69°30′ counting AM on specific stocks, as ap- IGB3 ...... 41°00′ 69°30′ IGB2 ...... 41°00′ 68°50′ propriate, in accordance with the SNEDA1 ...... 40°10′ 68°50′ mixed-stock exception. SNEDA2 ...... 40°10′ 73°10′ (iv) Fishing year 2012. Any adjust- SNEDA3 ...... 39°50′ 73°10′ SNEDA4 ...... 39°50′ (2) ments to DAS counting necessary as a 1 South-facing shoreline of Cape Cod, MA. result of either underharvesting or 2 East-facing shoreline of NJ. overharvesting any of the sub-ACLs (ii) Differential DAS counting factor. specified for common pool vessels dur- For determining the differential DAS ing the 2011 fishing year pursuant to counting AM specified in this para- § 648.90(a)(4) shall become effective and graph (n)(1), or the inseason differen- remain effective for the duration of tial DAS counting adjustment specified fishing year 2012 in addition to the im- in paragraph (o) of this section, the fol- plementation of the trimester TAC AM lowing differential DAS factor shall, specified in paragraph (n)(2) of this sec- except as provided in paragraph tion. (n)(1)(iii) of this section, be applied to (2) Trimester TAC AM for fishing years the DAS accrual rate specified in para- 2012 and beyond. Beginning in fishing graph (e)(1) of this section, and imple- year 2012, common pool vessels shall be mented in a manner consistent with subject to the following restrictions: the Administrative Procedure Act. (i) Trimester TACs—(A) Trimester TAC distribution. With the exception of SNE/ Proportion of ACL caught Differential DAS MA winter flounder, any sub-ACLs factor specified for common pool vessels pur- 0.5 ...... 0.5 suant to § 648.90(a)(4) shall be appor- 0.6 ...... 0.6 tioned into 4-month trimesters, begin- 0.7 ...... 0.7 0.8 ...... 0.8 ning at the start of the fishing year 0.9 ...... No change (i.e., Trimester 1: May 1–August 31; Tri- 1.0 ...... No change mester 2: September 1–December 31; 1.1 ...... 1.1 1.2 ...... 1.2 Trimester 3: January 1–April 30), as fol- 1.3 ...... 1.3 lows:

PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER

Trimester 1 Trimester 2 Trimester 3 Stock (percent) (percent) (percent)

GB cod ...... 28 34 38 GOM cod ...... 49 33 18 GB haddock ...... 27 33 40 GOM haddock ...... 27 26 47 GB yellowtail flounder ...... 19 30 51

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PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER— Continued

Trimester 1 Trimester 2 Trimester 3 Stock (percent) (percent) (percent)

SNE/MA yellowtail flounder ...... 21 28 51 CC/GOM yellowtail flounder ...... 57 26 17 American plaice ...... 74 8 18 Witch flounder ...... 55 20 25 GB winter flounder ...... 8 24 68 GOM winter flounder ...... 37 38 25 Redfish ...... 25 31 44 White hake ...... 38 31 31 Pollock ...... 28 35 37

(B) Trimester TAC adjustment. For sible to identify an area where only 90 stocks that have experienced early clo- percent of the catch occurred, the Re- sures (e.g., Trimester 1 or Trimester 2 gional Administrator shall close the closures), the Regional Administrator smallest area possible where greater may use the biennial adjustment proc- than 90 percent of the catch occurred. ess specified in § 648.90 to revise the dis- Common pool vessels holding either a tribution of trimester TACs specified Handgear A or B permit and fishing in paragraph (n)(2)(i)(A) of this section. with handgear or tub trawls are ex- Future adjustments to the distribution empt from stock area closures for of trimester TACs shall use catch data white hake. The Regional Adminis- for the most recent 5-year period prior trator may exempt Handgear A and B to the reevaluation of trimester TACs. permitted vessels from stock area clo- (ii) Stock area closures. Unless other- sures for other stocks pursuant to this wise specified in this paragraph paragraph (n)(2)(ii) if it is determined (n)(2)(ii), if the Regional Administrator that catches of the respective species projects that 90 percent of the tri- or stock by these vessels are less than mester TACs specified in paragraph 1 percent of the common pool catch of (n)(2)(i) of this section will be caught that species or stock. The Regional Ad- based upon available information, the ministrator shall make such deter- Regional Administrator shall close the mination prior to the start of the fish- area where 90 percent of the catch for ing year through a notice published in each such stock occurred to all com- the FEDERAL REGISTER, consistent with mon pool vessels on a NE multispecies the Administrative Procedure Act, and DAS using gear capable of catching any such determination shall remain in such stocks for the remainder of that effect until modified. trimester, as specified in paragraphs (A) GB Cod Trimester TAC Area. For (n)(2)(ii)(A) through (N) of this section, the purposes of the trimester TAC AM in a manner consistent with the Ad- closure specified in paragraph (n)(2)(ii) ministrative Procedure Act. For exam- of this section, the GB Cod Trimester ple, if the Regional Administrator TAC Area shall apply to common pool projects that 90 percent of the CC/GOM vessels using trawl gear, sink gillnet yellowtail flounder Trimester 1 TAC gear, and longline/hook gear within the will be caught, common pool vessels area bounded by straight lines con- using trawl and gillnet gear shall be necting the following points in the prohibited from fishing in the CC/GOM order stated: Yellowtail Flounder Closure Area spec- ified in paragraph (n)(2)(ii)(G) of this GB COD TRIMESTER TAC AREA section until the beginning of Tri- mester 2 on September 1 of that fishing Point N. Latitude W. Longitude year. Based upon all available informa- 1 ...... 42° 20′ 70° 00′ tion, the Regional Administrator is au- 2 ...... 42° 20′ (1) thorized to expand or narrow the areas 3 ...... 41° 50′ (1) closed under this paragraph (n)(2)(ii) in 4 ...... 41° 50′ 67° 40′ 5 ...... 41° 10′ 67° 40′ a manner consistent with the Adminis- 6 ...... 41° 10′ 67° 10′ trative Procedure Act. If it is not pos- 7 ...... 41° 00′ 67° 10′

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GB COD TRIMESTER TAC AREA—Continued GB HADDOCK TRIMESTER TAC AREA

Point N. Latitude W. Longitude Point N. latitude W. longitude

8 ...... 41° 00′ 67° 00′ GB1 ...... 42°20′ 70°00′ 9 ...... 40° 50′ 67° 00′ GB2 ...... 42°20′ (1) 10 ...... 40° 50′ 66° 50′ GB3 ...... 40°30′ (1) 11 ...... 40° 40′ 66° 50′ GB4 ...... 40°30′ 66°40′ 12 ...... 40° 40′ 66° 40′ GB5 ...... 39°50′ 66°40′ 13 ...... 39° 50′ 66° 40′ GB6 ...... 39°50′ 68°50′ 14 ...... 39° 50′ 68° 50′ GB7 ...... 41°00′ 68°50′ 15 ...... 41° 00′ 68° 50′ GB8 ...... 41°00′ 69°30′ 16 ...... 41° 00′ 69° 30′ GB9 ...... 41°10′ 69°30′ ° ′ ° ′ 17 ...... 41° 10′ 69° 30′ GB10 ...... 41 10 69 50 ° ′ ° ′ 18 ...... 41° 10′ 69° 50′ GB11 ...... 41 20 69 50 ° ′ 2 19 ...... 41° 20′ 69° 50′ GB12 ...... 41 20 ( ) 3 ° ′ 20 ...... 41° 20′ (2) GB13 ...... ( ) 70 00 4 ° ′ 21 ...... (3) 70° 00′ GB14 ...... ( ) 70 00 5 ° ′ 22 ...... (4) 70° 00′ GB15 ...... ( ) 70 00 GB1 ...... 42°20′ 70°00′ 23 ...... (5) 70° 00′ 1 1 U.S./Canada maritime boundary. U.S./Canada maritime boundary. 2 2 East-facing shoreline of Nantucket, MA. East-facing shoreline of Nantucket, MA. 3 3 North-facing shoreline of Nantucket, MA. North-facing shoreline of Nantucket, MA. 4 4 South-facing shoreline of Cape Cod, MA. South-facing shoreline of Cape Cod, MA. 5 North-facing shoreline of Cape Cod, MA. 5 North-facing shoreline of Cape Cod, MA. (D) GOM Haddock Trimester TAC Area. (B) GOM Cod Trimester TAC Area. For For the purposes of the trimester TAC the purposes of the trimester TAC AM AM closure specified in paragraph closure specified in paragraph (n)(2)(ii) (n)(2)(ii) of this section, the GOM Had- of this section, the GOM Cod Trimester dock Trimester TAC Area shall apply TAC Area shall apply to common pool to common pool vessels using trawl vessels using trawl gear, sink gillnet gear, sink gillnet gear, and longline/ gear, and longline/hook gear within the hook gear within the area bounded on area bounded on the south, west, and the south, west, and north by the north by the shoreline of the United shoreline of the United States and States and bounded on the east by bounded on the east by straight lines straight lines connecting the following connecting the following points in the points in the order stated: order stated: GOM COD TRIMESTER TAC AREA GOM HADDOCK TRIMESTER TAC AREA Point N. Latitude W. Longitude Point N. latitude W. longitude 1 ...... (1) 69° 20′ GOM1 ...... (1) 69°20′ 2 ...... 43° 40′ 69° 20′ GOM2 ...... 43°40′ 69°20′ 3 ...... 43° 40′ 69° 00′ GOM3 ...... 43°40′ 69°00′ 4 ...... 43° 10′ 69° 00′ GOM4 ...... 43°20′ 69°00′ 5 ...... 43° 10′ 69° 10′ ° ′ ° ′ ° ′ ° ′ GOM5 ...... 43 20 67 40 6 ...... 43 00 69 10 GOM6 ...... (2) 67°40′ ° ′ ° ′ 7 ...... 43 00 69 20 GOM7 ...... 42°53.1′ 67°44.4′ ° ′ ° ′ 8 ...... 42 50 69 20 GOM8 ...... (2) 67°40′ ° ′ ° ′ 9 ...... 42 50 69 40 GOM9 ...... 42°20′ 67°40′ ° ′ ° ′ 10 ...... 42 20 69 40 GOM10 ...... 42°20′ 70°00′ ° ′ ° ′ 11 ...... 42 20 70 00 GOM12 ...... (3) 70°00′ 12 ...... (2) 70° 00′ 1 Intersection with ME shoreline. 1 Intersection with ME shoreline. 2 U.S./Canada maritime boundary. 2 North-facing shoreline of Cape Cod, MA. 3 North-facing shoreline of Cape Cod, MA. (C) GB Haddock Trimester TAC Area. (E) GB Yellowtail Flounder Trimester For the purposes of the trimester TAC TAC Area. For the purposes of the tri- AM closure specified in paragraph mester TAC AM closure specified in (n)(2)(ii) of this section, the GB Had- paragraph (n)(2)(ii) of this section, the dock Trimester TAC Area shall apply GB Yellowtail Flounder Trimester TAC to common pool vessels using trawl Area shall apply to common pool ves- gear, sink gillnet gear, and longline/ sels using trawl gear and sink gillnet hook gear within the area bounded by gear within the area bounded by straight lines connecting the following straight lines connecting the following points in the order stated: points in the order stated:

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GB YELLOWTAIL FLOUNDER TRIMESTER TAC CC/GOM YELLOWTAIL FLOUNDER TRIMESTER AREA TAC AREA—Continued

Point N. latitude W. longitude Point N. latitude W. longitude

GB1 ...... 42°20′ 68°50′ CCGOM4 ...... 42°20′ 68°50′ GB2 ...... 42°20′ (1) CCGOM5 ...... 41°00′ 68°50′ GB3 ...... 40°30′ (1) CCGOM6 ...... 41°00′ 69°30′ GB4 ...... 40°30′ 66°40′ CCGOM7 ...... 41°10′ 69°30′ GB5 ...... 39°50′ 66°40′ CCGOM8 ...... 41°10′ 69°50′ ° ′ ° ′ GB6 ...... 39 50 68 50 CCGOM9 ...... 41°20′ 69°50′ ° ′ ° ′ GB1 ...... 42 20 68 50 CCGOM10 ...... 41°20′ (2) 1 U.S./Canada maritime boundary. CCGOM11 ...... (3) 70°00′ CCGOM12 ...... (4) 70°00′ (F) SNE/MA Yellowtail Flounder Tri- 1 Intersection with MA shoreline. mester TAC Area. For the purposes of 2 East-facing shoreline of Nantucket, MA. the trimester TAC AM closure speci- 3 North-facing shoreline of Nantucket, MA. 4 fied in paragraph (n)(2)(ii) of this sec- South-facing shoreline of MA. tion, the SNE/MA Yellowtail Flounder (H) American Plaice Trimester TAC Trimester TAC Area shall apply to Area. For the purposes of the trimester common pool vessels using trawl gear TAC AM closure specified in paragraph and sink gillnet gear within the area (n)(2)(ii) of this section, the American bounded by straight lines connecting Plaice Trimester TAC Area shall apply the following points in the order stat- to common pool vessels using trawl ed: gear within the area bounded by straight lines connecting the following SNE/MA YELLOWTAIL FLOUNDER TRIMESTER points in the order stated: TAC AREA AMERICAN PLAICE TRIMESTER TAC AREA Point N. latitude W. longitude Point N. Latitude W. Longitude SNEMA1 ...... (1) 70°00′ SNEMA2 ...... (2) 70°00′ 1 ...... (1) 68°00′ SNEMA3 ...... (3) 70°00′ 2 ...... 44°10′ 67°50′ ° ′ ° ′ SNEMA4 ...... 39 50 70 00 3 ...... 44°00′ 67°50′ ° ′ ° ′ SNEMA5 ...... 39 50 71 40 4 ...... 44°00′ 67°40′ ° ′ ° ′ SNEMA6 ...... 40 00 71 40 5 ...... (2) 67°40′ ° ′ ° ′ SNEMA7 ...... 40 00 73 00 6 ...... 42°53.1′ 67°44.4′ 4 ° ′ SNEMA8 ...... ( ) 73 00 7 ...... (2) 67°40′ ° ′ 5 SNEMA9 ...... 41 00 ( ) 8 ...... 41°10′ 67°40′ ° ′ ° ′ SNEMA10 ...... 41 00 71 40 9 ...... 41°10′ 67°10′ 6 ° ′ SNEMA11 ...... ( ) 71 40 10 ...... 41°00′ 67°10′ 1 South-facing shoreline of Cape Cod, MA. 11 ...... 41°00′ 67°00′ 2 North-facing shoreline of Nantucket, MA. 12 ...... 40°50′ 67°00′ 3 South-facing shoreline of Nantucket, MA. 13 ...... 40°50′ 66°50′ 4 South-facing shoreline of Long Island, NY. 14 ...... 40°40′ 66°50′ 5 East-facing shoreline of Long Island, NY. 15 ...... 40°40′ 66°40′ 6 Intersection with RI shoreline. 16 ...... 39°50′ 66°40′ (G) CC/GOM Yellowtail Flounder Tri- 17 ...... 39°50′ 68°50′ ° ′ ° ′ mester TAC Area. For the purposes of 18 ...... 41 00 68 50 19 ...... 41°00′ 69°30′ the trimester TAC AM closure speci- 20 ...... 41°10′ 69°30′ fied in paragraph (n)(2)(ii) of this sec- 21 ...... 41°10′ 69°50′ tion, the CC/GOM Yellowtail Flounder 22 ...... 41°20′ 69°50′ 23 ...... 41°20′ (3) Trimester TAC Area shall apply to 24 ...... (4) 70°00′ common pool vessels using trawl gear 25 ...... (5) 70°00′ and sink gillnet gear within the area 1 Intersection with ME shoreline. bounded by straight lines connecting 2 U.S./Canada maritime boundary. 3 East-facing shoreline of Nantucket, MA. the following points in the order stat- 4 North-facing shoreline of Nantucket, MA. ed: 5 South-facing shoreline of Cape Cod, MA. (I) Witch Flounder Trimester TAC Area. CC/GOM YELLOWTAIL FLOUNDER TRIMESTER For the purposes of the trimester TAC TAC AREA AM closure specified in paragraph Point N. latitude W. longitude (n)(2)(ii) of this section, the Witch Flounder Trimester TAC Area shall CCGOM1 ...... 42°50’ (1) CCGOM2 ...... 42°50′ 69°40′ apply to common pool vessels using CCGOM3 ...... 42°20′ 69°40′ trawl gear within the area bounded by

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straight lines connecting the following GOM WINTER FLOUNDER TRIMESTER TAC AREA points in the order stated: Point N. latitude W. longitude

WITCH FLOUNDER TRIMESTER TAC AREA GOM1 ...... 42°50′ (1) GOM2 ...... 42°50′ 69°40′ Point N. Latitude W. Longitude GOM3 ...... 42°20′ 69°40′ GOM4 ...... 42°20′ 70°00′ 1 ° ′ 1 ...... ( ) 68 00 GOM5 ...... (2) 70°00′ 2 ...... 44°10′ 67°50′ 3 ...... 44°00′ 67°50′ 1 Intersection with MA shoreline 4 ...... 44°00′ 67°40′ 2 North-facing shoreline of Cape Cod, MA 5 ...... (2) 67°40′ 6 ...... 42°53.1′ 67°44.4′ (L) Redfish Trimester TAC Area. For 7 ...... (2) 67°40′ the purposes of the trimester TAC AM 8 ...... 41°10′ 67°40′ closure specified in paragraph (n)(2)(ii) 9 ...... 41°10′ 67°10′ 10 ...... 41°00′ 67°10′ of this section, the Redfish Trimester 11 ...... 41°00′ 67°00′ TAC Area shall apply to common pool 12 ...... 40°50′ 67°00′ vessels using trawl gear within the 13 ...... 40°50′ 66°50′ area bounded by straight lines con- 14 ...... 40°40′ 66°50′ 15 ...... 40°40′ 66°40′ necting the following points in the 16 ...... 39°50′ 66°40′ order stated: 17 ...... 39°50′ 68°50′ ° ′ ° ′ 18 ...... 41 00 68 50 REDFISH TRIMESTER TAC AREA 19 ...... 41°00′ 69°30′ 20 ...... 41°10′ 69°30′ Point N. latitude W. longitude 21 ...... 41°10′ 69°50′ ° ′ ° ′ 22 ...... 41 20 69 50 RF1 ...... (1) 69°20′ ° ′ 3 23 ...... 41 20 ( ) RF2 ...... 43°40′ 69°20′ 4 ° ′ 24 ...... ( ) 70 00 RF3 ...... 43°40′ 69°00′ 5 ° ′ 25 ...... ( ) 70 00 RF4 ...... 43°20′ 69°00′ 1 Intersection with ME shoreline. RF5 ...... 43°20′ 67°40′ 2 U.S./Canada maritime boundary. RF6 ...... (2) 67°40′ 3 East-facing shoreline of Nantucket, MA. RF7 ...... 42°53.1′ 67°44.4′ 4 North-facing shoreline of Nantucket, MA. RF8 ...... (2) 67°40′ 5 South-facing shoreline of Cape Cod, MA. RF9 ...... 41°20′ 67°40′ RF10 ...... 41°20′ 68°10′ (J) GB Winter Flounder Trimester TAC RF11 ...... 41°10′ 68°10′ Area. For the purposes of the trimester RF12 ...... 41°10′ 68°20′ TAC AM closure specified in paragraph RF13 ...... 41°00′ 68°20′ (n)(2)(ii) of this section, the GB Winter RF14 ...... 41°00′ 69°30′ RF15 ...... 41°10′ 69°30′ Flounder Trimester TAC Area shall RF16 ...... 41°10′ 69°50′ apply to common pool vessels using RF17 ...... 41°20′ 69°50′ trawl gear within the area bounded by RF18 ...... 41°20′ (3) RF19 ...... (4) 70°00′ straight lines connecting the following RF20 ...... (5) 70°00′ points in the order stated: 1 Intersection with ME shoreline. 2 U.S./Canada maritime boundary. GB WINTER FLOUNDER TRIMESTER TAC AREA 3 East-facing shoreline of Nantucket, MA. 4 North-facing shoreline of Nantucket, MA. 5 Point N. Latitude W. Longitude South-facing shoreline of Cape Cod, MA.

1 ...... 42°20′ 68°50′ (M) White Hake Trimester TAC Area. 2 ...... 42°20′ (1) For the purposes of the trimester TAC 3 ...... 40°30′ (1) AM closure specified in paragraph 4 ...... 40°30′ 66°40′ (n)(2)(ii) of this section, the White 5 ...... 39°50′ 66°40′ 6 ...... 39°50′ 68°50′ Hake Trimester TAC Area shall apply to common pool vessels using trawl 1 U.S./Canada maritime boundary gear, sink gillnet gear, and longline/ (K) GOM Winter Flounder Trimester hook gear, except for Handgear A and TAC Area. For the purposes of the tri- B permitted vessels using handgear or mester TAC AM closure specified in tub trawls, within the area bounded by paragraph (n)(2)(ii) of this section, the straight lines connecting the following GOM Winter Flounder Trimester TAC points in the order stated: Area shall apply to common pool ves- sels using trawl gear and sink gillnet WHITE HAKE TRIMESTER TAC AREA gear within the area bounded by straight lines connecting the following Point N. Latitude W. Longitude points in the order stated: 1 ...... (1) 69°20′

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WHITE HAKE TRIMESTER TAC AREA— paragraph (n)(2)(i) of this section, is Continued not caught during Trimester 1 or 2, the uncaught portion of the trimester TAC Point N. Latitude W. Longitude shall be carried forward into the next 2 ...... 43°40′ 69°20′ trimester. Uncaught portions of any 3 ...... 43°40′ 69°00′ trimester TAC following Trimester 3 ° ′ ° ′ 4 ...... 43 20 69 00 may not be carried over into the fol- 5 ...... 43°20′ 67°40′ 6 ...... (2) 67°40′ lowing fishing year. If any trimester 7 ...... 42°53.1′ 67°44.4′ TAC is exceeded during the Trimesters 8 ...... (2) 67°40′ 1 or 2, the overage shall be deducted 9 ...... 41°20′ 67°40′ 10 ...... 41°20′ 68°10′ from the Trimester 3 TAC for that 11 ...... 41°10′ 68°10′ stock. If the entire sub-ACL for a par- 12 ...... 41°10′ 68°20′ ticular stock that is allocated to the 13 ...... 41°00′ 68°20′ 14 ...... 41°00′ 69°30′ common pool is exceeded (i.e., the com- 15 ...... 41°10′ 69°30′ mon pool catch of that stock at the end 16 ...... 41°10′ 69°50′ of the fishing year, including the com- 17 ...... 41°20′ 69°50′ 18 ...... 41°20′ (3) mon pool’s share of any overage of the 19 ...... (4) 70°00′ overall ACL for a particular stock 20 ...... (5) 70°00′ caused by excessive catch by other sub- 1 Intersection with ME shoreline. components of the fishery pursuant to 2 U.S./Canada maritime boundary. § 648.90(a)(5), exceeds all three tri- 3 East-facing shoreline of Nantucket, MA. 4 North-facing shoreline of Nantucket, MA. mester TACs for that stock combined), 5 South-facing shoreline of Cape Cod, MA. an amount equal to the overage shall (N) Pollock Trimester TAC Area. For be deducted from the sub-ACL for that the purposes of the trimester TAC AM stock that is allocated to common pool closure specified in paragraph (n)(2)(ii) vessels pursuant to § 648.90(a)(4) for the of this section, the Pollock Trimester following fishing year. TAC Area shall apply to common pool (iv) [Reserved] vessels using trawl gear, sink gillnet (v) Adjustments to trimester TACs. The gear, and longline/hook gear within the distribution of trimester TACs speci- area bounded by straight lines con- fied in paragraph (n)(2)(i) of this sec- necting the following points in the tion may be revised pursuant to the bi- order stated: ennial adjustment or framework proc- ess specified in § 648.90(a)(2) and shall POLLOCK TRIMESTER TAC AREA use the distribution of landings of the most recent 5-year period available. Point N. latitude W. longitude (vi) Trip limit adjustment. When 60 per- RF1 ...... (1) 69°20′ cent of the northern or southern win- RF2 ...... 43°40′ 69°20′ dowpane flounder, ocean pout, or At- RF3 ...... 43°40′ 69°00′ RF4 ...... 43°20′ 69°00′ lantic halibut sub-ACLs specified for RF5 ...... 43°20′ 67°40′ common pool vessels pursuant to RF6 ...... (2) 67°40′ § 648.90(a)(4)(iii)(H)(2) is projected to be RF7 ...... 42°53.1′ 67°44.4′ RF8 ...... (2) 67°40′ caught, the Regional Administrator RF9 ...... 41°20′ 67°40′ may specify, consistent with the APA, RF10 ...... 41°20′ 68°10′ a possession limit for these stocks that RF11 ...... 41°10′ 68°10′ is calculated to prevent the yearly sub- RF12 ...... 41°10′ 68°20′ RF13 ...... 41°00′ 68°20′ ACL from being exceeded prior to the RF14 ...... 41°00′ 69°30′ end of the fishing year. RF15 ...... 41°10′ 69°30′ (vii) SNE/MA winter flounder AM. If RF16 ...... 41°10′ 69°50′ RF17 ...... 41°20′ 69°50′ the common pool fishery sub-ACL for RF18 ...... 41°20′ (3) SNE/MA winter flounder is exceeded, RF19 ...... (4) 70°00′ including the common pool’s share of RF20 ...... (5) 70°00′ any overage of the total ACL, as speci- 1 Intersection with ME shoreline. fied at § 648.90(a)(5), by an amount that 2 U.S./Canada maritime boundary. 3 East-facing shoreline of Nantucket, MA. exceeds the management uncertainty 4 North-facing shoreline of Nantucket, MA. buffer, the AM described in this para- 5 South-facing shoreline of Cape Cod, MA. graph would be implemented in the fol- (iii) Trimester TAC overage/underage. If lowing fishing year. The AM would be any trimester TAC, as specified in effective for the entire fishing year.

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Common pool vessels fishing on a NE and other measures specified in this Multispecies DAS with trawl gear may part, common pool vessels are subject only use a haddock separator trawl, as to the following restrictions: The Re- specified in § 648.85(a)(3)(iii)(A); a Ruhle gional Administrator shall project the trawl, as specified in catch of regulated species or ocean § 648.85(b)(6)(iv)(J)(3); a rope separator pout by common pool vessels and shall trawl, as specified in § 648.84(e); or any determine whether such catch will ex- other gear approved consistent with ceed any of the sub-ACLs specified for the process defined in § 648.85(b)(6) in common pool vessels as described in the SNE/MA Winter Flounder Trawl § 648.90(a)(4). This projection shall in- Gear AM Areas. The AM areas are de- clude catch by common pool vessels, as fined below, and are bounded by the well as available information, regard- following coordinates, connected in the ing the catch of regulated species and order listed by straight lines, unless ocean pout by vessels fishing for NE otherwise noted. multispecies in State waters outside of the authority of the FMP, vessels fish- SNE/MA WINTER FLOUNDER TRAWL GEAR AM ing in exempted fisheries, and vessels AREA 1 fishing in the Atlantic sea scallop fish- Point N. Latitude W. Longitude ery. If it is projected that catch will exceed or under-harvest the common 1 ...... 41°10′ 71°40′ 1 pool sub-ACL, the Regional Adminis- 2 ...... 41°10′ 71°20′ 3 ...... 41°00′ 71°20′ trator may, at any time during the 4 ...... 41°00′ 71°40′ fishing year, implement a differential 1 Point 1 connects to Point 2 along 41°10′ N or the southern DAS counting factor to all Category A coastline of Block Island, RI, whichever is farther south. DAS used within the pertinent stock area(s), as specified in paragraph SNE/MA WINTER FLOUNDER TRAWL GEAR AM (n)(1)(i) of this section, in a manner AREA 2 consistent with the Administrative Point N. Latitude W. Longitude Procedure Act. Notwithstanding the fact that the differential DAS account- 1 ...... 41°20′ 70°30′ ability measures described in para- 2 ...... 41°20′ 70°20′ 3 ...... 41°00′ 70°20′ graph (n)(1) of this section are intended 4 ...... 41°00′ 70°30′ to address potential over-harvests in fishing year 2010 and 2011, the scope of SNE/MA WINTER FLOUNDER TRAWL GEAR AM the Regional Administrator authority AREA 3 specified in this paragraph (o) is not limited to FY 2010 and 2011. Point N. Latitude W. Longitude (2) The differential DAS counting 1 ...... 41°20′ 69°20′ factor shall be based on the projected 2 ...... 41°20′ 69°10′ proportion of the sub-ACL of each NE 3 ...... 41°10′ 69°10′ multispecies stock caught by common 4 ...... 41°10’ 69°20’ pool vessels, rounded to the nearest even tenth, as specified in paragraph SNE/MA WINTER FLOUNDER TRAWL GEAR AM (n)(1)(ii) of this section, unless other- AREA 4 wise specified in § 648.90(a)(5). For ex- Point N. Latitude W. Longitude ample, if the Regional Administrator projects that common pool vessels will 1 ...... 41°20′ 69°20′ catch 1.18 times the sub-ACL for GOM 2 ...... 41°20′ (1) 3 ...... (1) 69°00′ cod by the end of fishing year 2010, the 4 ...... 41°00′ 69°00′ Regional Administrator may imple- 5 ...... 41°00′ 69°10′ ment a differential DAS counting fac- 6 ...... 41°10′ 69°10′ 7 ...... 41°10′ 69°20′ tor of 1.2 to all Category A DAS used by common pool vessels within the (1) The southwest-facing boundary of Closed Area I. Inshore GOM Differential DAS Area (o) Inseason adjustment to differential during fishing year 2010 (i.e., Category DAS counting for NE multispecies com- A DAS will be charged at a rate of 28.8 mon pool vessels. (1) In addition to the hr for every 24 hr fished—1.2 times 24- DAS accrual provisions specified in hr DAS counting). If it is projected paragraphs (e) and (n) of this section, that catch will simultaneously exceed

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or underharvest the sub-ACLs for sev- 2011, as an AM due to a 20-percent over- eral regulated species stocks within a age of the GOM cod sub-ACL in fishing particular stock area, the Regional Ad- year 2010, and during fishing year 2011 ministrator may implement the most the GOM cod sub-ACL was projected to restrictive differential DAS counting be exceeded by 30 percent, an addi- factor derived from paragraph (n)(1)(ii) tional differential DAS factor of 1.3 of this section for the sub-ACLs exceed- would be applied to the DAS accrual ed or underharvested to any Category rate as an inseason action during fish- A DAS used by common pool vessels ing year 2011. Under this example, the within that particular stock area. For DAS accrual rate after both the AM example, if it is projected that the and the inseason differential DAS rate common pool vessel catch will exceed is applied to FY 2011 in the Inshore the GOM cod sub-ACL by a factor of 1.2 GOM Differential DAS Counting Area and the CC/GOM yellowtail flounder would be 37.4 hr charged for every 24 hr sub-ACL by a factor of 1.1, the Re- fished—1.2 × 1.3 × 24-hr DAS charge. gional Administrator may implement a [69 FR 22969, Apr. 27, 2004] differential DAS counting factor of 1.2 to any Category A DAS fished by com- EDITORIAL NOTES: 1. For FEDERAL REGISTER mon pool vessels within the Inshore citations affecting § 648.82, see the List of GOM Differential DAS Area during the CFR Sections Affected, which appears in the Finding Aids section of the printed volume fishing year. For any inseason differen- and at www.govinfo.gov. tial DAS counting factor implemented, 2. At 75 FR 18319, Apr. 9, 2010, in § 648.82, the differential DAS counting factor paragraph (e)(1)(ii) was revised, however no shall be applied against the DAS ac- (e)(1)(ii) existed, so it could not be revised. crual provisions specified in paragraph (e)(1)(i) of this section for the time § 648.83 Multispecies minimum fish spent fishing in the applicable differen- sizes. tial DAS counting area based upon the (a) Minimum fish sizes. (1) Minimum first VMS position into the applicable fish sizes for recreational vessels and differential DAS counting area and the charter/party vessels that are not fish- first VMS position outside of the appli- ing under a NE multispecies DAS are cable differential DAS counting area specified in § 648.89. Except as provided pursuant to § 648.10. For example, if a in § 648.17, all other vessels are subject vessel fished 12 hr inside a differential to the following minimum fish sizes, DAS counting area where a differential determined by total length (TL): DAS counting factor of 1.2 would be ap- plied, and 12 hr outside of the differen- MINIMUM FISH SIZES (TL) FOR COMMERCIAL tial DAS counting area, the vessel VESSELS would be charged 48 hr of DAS, because Size DAS would be charged in 24-hr incre- Species (inches) ments ((12 hr inside the area × 1.2 = 14.4 hr) + 12 hr outside the area, rounded to Cod ...... 19 (48.3 cm) the next 24-hr increment to determine Haddock ...... 16 (40.6 cm) Pollock ...... 19 (48.3 cm) DAS charged). Witch flounder (gray sole) ...... 13 (33 cm) (3) For any inseason differential DAS Yellowtail flounder ...... 12 (30.5 cm) counting factor implemented in fishing American plaice (dab) ...... 12 (30.5 cm) Atlantic halibut ...... 41 (104.1 cm) year 2011, the inseason differential DAS Winter flounder (blackback) ...... 12 (30.5 cm) counting factor shall be applied in ac- Redfish ...... 7 (17.8 cm) cordance with the DAS accrual provi- sions specified in paragraph (e)(1)(i) of (2) The minimum fish size applies to this section, and, if pursuant to para- whole fish or to any part of a fish while graph (n)(1) of this section, in conjunc- possessed on board a vessel, except as tion with a differential DAS counting provided in paragraph (b) of this sec- factor also implemented for the same tion, and to whole, whole-gutted or differential DAS area during fishing gilled fish only, after landing. For pur- year 2011 as an AM. For example, if a poses of determining compliance with differential DAS counting factor of 1.2 the possession limits in § 648.86, the was applied to the Inshore GOM Dif- weight of fillets and parts of fish, other ferential DAS Area during fishing year than whole-gutted or gilled fish, will be

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multiplied by 3. Fish fillets, or parts of shall propose the minimum fish sizes to fish, must have skin on while possessed be implemented following the proce- on board a vessel and at the time of dures specified in § 648.90. landing in order to meet minimum size (3) Additional adjustments or requirements. ‘‘Skin on’’ means the en- changes to the minimum fish sizes tire portion of the skin normally at- specified in paragraph (a) of this sec- tached to the portion of the fish or to tion, and exemptions specified in para- fish parts possessed is still attached. graph (b) of this section, may be made (b) Exceptions. (1) Each person aboard at any time after implementation of a vessel issued a NE multispecies lim- the final rule as specified under § 648.90. ited access permit and fishing under the NE multispecies DAS program or [69 FR 22974, Apr. 27, 2004, as amended at 71 on a sector trip may possess up to 25 lb FR 46876, Aug. 15, 2006; 72 FR 11276, Mar. 12, 2007; 75 FR 18328, Apr. 9, 2010; 76 FR 42585, (11.3 kg) of fillets that measure less July 19, 2011; 78 FR 26158, May 3, 2013; 85 FR than the minimum size, if such fillets 26885, May 6, 2020] are from legal-sized fish and are not of- fered or intended for sale, trade, or bar- § 648.84 Gear-marking requirements ter. The weight of fillets and parts of and gear restrictions. fish, other than whole-gutted or gilled (a) Bottom-tending fixed gear, in- fish, shall be multiplied by 3. For the cluding, but not limited to, gillnets purposes of accounting for all catch by and longlines designed for, capable of, sector vessels as specified at or fishing for NE multispecies or § 648.87(b)(1)(v), the weight of all fillets monkfish, must have the name of the and parts of fish, other than whole-gut- ted or gilled fish reported for at-home owner or vessel or the official number consumption shall be multiplied by a of that vessel permanently affixed to factor of 3. any buoys, gillnets, longlines, or other (2) Recreational, party, and charter appropriate gear so that the name of vessels may possess fillets less than the the owner or vessel or the official num- minimum size specified, if the fillets ber of the vessel is visible on the sur- are taken from legal-sized fish and are face of the water. not offered or intended for sale, trade (b) Bottom-tending fixed gear, in- or barter. cluding, but not limited to gillnets or (3) Vessels fishing exclusively with longline gear, must be marked so that pot gear may possess NE multispecies the westernmost end (measuring the frames used, or to be used, as bait, that half compass circle from magnetic measure less than the minimum fish south through west to, and including, size, if there is a receipt for purchase of north) of the gear displays a standard those frames on board the vessel. 12-inch (30.5-cm) tetrahedral corner (4) Vessels that have a Category A or radar reflector and a pennant posi- B Herring Permit may possess and land tioned on a staff at least 6 ft (1.8 m) haddock and other regulated species above the buoy. The easternmost end that are smaller than the minimum (meaning the half compass circle from size specified under § 648.83, consistent magnetic north through east to, and with the bycatch caps specified in including, south) of the gear need dis- § 648.86(a)(3) and (k). Such fish may not play only the standard 12-inch (30.5-cm) be sold for human consumption. tetrahedral radar reflector positioned (c) Adjustments. (1) At any time when in the same way. information is available, the NEFMC (c) Continuous gillnets must not ex- will review the best available mesh se- ceed 6,600 ft (2,011.7 m) between the end lectivity information to determine the buoys. appropriate minimum size for the spe- (d) In the GOM and GB regulated cies listed in paragraph (a) of this sec- mesh area specified in § 648.80(a), tion, except winter flounder, according gillnet gear set in an irregular pattern to the length at which 25 percent of the or in any way that deviates more than regulated species would be retained by 30° from the original course of the set the applicable minimum mesh size. must be marked at the extremity of (2) Upon determination of the appro- the deviation with an additional mark- priate minimum sizes, the NEFMC er, which must display two or more

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visible streamers and may either be at- length not to impinge upon the overall tached to or independent of the gear. shape of the net without being too long (e) Rope separator trawl. A rope sepa- to compromise the selectivity of the rator trawl is defined as a four-seam net. The separator ropes may not be bottom trawl net (i.e., a net with a top manipulated in any way that would in- and bottom panel and two side panels) hibit the selectivity of the net by caus- modified to include both a horizontal ing the separator ropes to dip toward separator panel and an escape opening the bottom belly of the net and obscure in the bottom belly of the net below the escape opening, as defined in para- the separator panel, as further speci- graph (e)(3) of this section. fied in paragraphs (e)(1) through (3) of (3) Escape opening. The escape open- this section. ing must be positioned in the bottom (1) Mesh size. The minimum mesh size belly of the net behind the sweep and applied throughout the body and exten- terminate under the separator panel, sion of a rope separator trawl must be as described in paragraph (e)(2) of this 6-inch (15.2-cm) diamond mesh or 6.5- section. Longitudinal lines may be inch (16.5-cm) square mesh, or any used to maintain the shape of the es- combination thereof. Mesh in the bot- cape opening, as necessary. The escape tom belly of the net must be 13-inch opening shall be at least 18 meshes in (33-cm) diamond mesh. Unless other- both length and width. wise specified in this part, the codend (f) Large-mesh belly panel trawl. A mesh size must be consistent with large-mesh belly panel trawl is defined mesh size requirements specified in as a four-seam bottom trawl net (i.e., a § 648.80. The mesh size of a particular net with a top and bottom panel and section of the rope separator trawl is two side panels) modified to include a measured in accordance with large-mesh panel to replace the first § 648.80(f)(2), unless insufficient num- bottom belly, as further specified in bers of mesh exist, in which case the paragraphs (f)(1) through (3) of this sec- maximum total number of meshes in tion. the section will be measured (between 2 (1) Mesh size. The minimum mesh size and 20 meshes). applied throughout the body of the (2) Separator panel. The separator trawl, as well as the codend mesh size, panel must consist of parallel lines must be consistent with mesh size re- made of fiber rope, the ends of which quirements specified in § 648.80. If a ves- are attached to each side of the net sel is fishing in an exemption area or starting at the forward edge of the an exempted fishery, it must comply square of the net and running aft to- with all of the requirements and condi- ward the extension of the net. The tions of the exemption. leading rope must be attached to the (2) Large-mesh belly panel. The large- side panel at a point at least 1⁄3 of the mesh belly panel must have a min- number of meshes of the side panel imum mesh size of 30 in (76.2 cm) meas- above the lower gore, and the panel of ured using the standard defined in ropes shall slope downward toward the § 648.80(f)(2). The owner or operator of a extension of the net. For example, if fishing vessel shall not use any mesh the side panel of the net is 42 meshes construction, mesh configuration, or tall, the leading rope must be attached other means on, in, or attached to the at least 14 meshes above the lower regulated portion of the net, as defined gore. The forward 2⁄3 of the separator in this paragraph (f)(2), if it obstructs ropes that comprise the separator or constricts the meshes of the net in panel must be no farther than 26 inches any manner. The width of the panel (66 cm) apart, with the after 1⁄3 of the must extend the full width of the bot- separator ropes that comprise the sepa- tom panel (i.e., from one bottom gore rator panel being no farther than 13 to the other bottom gore). To deter- inches (33 cm) apart. The ends of the mine the width of the large-mesh panel aftermost rope shall be attached to the please see the explanation, and exam- bottom belly at a point 1⁄6 of the num- ple provided below. The depth must be ber of meshes of the after end of the at least 90 in (228.6 cm) and at least bottom belly below the lower gore. The three meshes deep (two meshes deep separator ropes should be of sufficient with a 15-in (38.1-cm) sewing seam on

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top and bottom). No more than six WESTERN U.S./CANADA AREA meshes of the small-mesh net may be left behind the sweep, before the large- Point N. lat. W. long. mesh panel is sewn in. USCA 1 ...... 42°20′ 68°50′ (3) Determining panel width example. USCA 2 ...... 39°50′ 68°50′ USCA 3 ...... 39°50′ 66°40′ Assume the large-mesh twine is 30 in USCA 4 ...... 40°40′ 66°40′ (76.2 cm) knot center to knot center USCA 5 ...... 40°40′ 66°50′ (KKFM), two meshes deep with a 15-in USCA 6 ...... 40°50′ 66°50′ USCA 7 ...... 40°50′ 67°00′ (38.1-cm) sewing seam on the top and USCA 8 ...... 41°00′ 67°00′ bottom. In most cases, the existing USCA 9 ...... 41°00′ 67°20′ first bottom-belly twine sizes are 12 cm USCA 10 ...... 41°10′ 67°20′ ° ′ ° ′ (4.7 in) KKFM and 16 cm (6.3 in) KKFM USCA 11 ...... 41 10 67 40 USCA 12 ...... 42°20′ 67°40′ yielding ratios of 20:3 and 5:1, respec- USCA 1 ...... 42°20′ 68°50′ tively. Therefore, to determine the re- quired width of large mesh panel, take (ii) Eastern U.S./Canada Area. The the number of meshes of the existing Eastern U.S./Canada Area is the area belly and divide by the ratio. If the ex- defined by straight lines connecting isting twine is 16 cm (6.3 in) KKFM, the following points in the order stated and the belly, six meshes behind the (a chart depicting this area is available sweep is 150 meshes wide, you would di- from the Regional Administrator upon vide 150 by 5:1 to get the width of the request): large-mesh panel, 30 meshes. EASTERN U.S./CANADA AREA [69 FR 22974, Apr. 27, 2004, as amended at 78 FR 26158, May 3, 2013; 85 FR 13073, Mar. 6, Point N. latitude W. longitude 2020] USCA 12 ...... 42°20′ 67°40′ USCA 11 ...... 41°10′ 67°40′ § 648.85 Special management pro- USCA 10 ...... 41°10′ 67°20′ grams. USCA 9 ...... 41°00′ 67°20′ USCA 8 ...... 41°00′ 67°00′ (a) U.S./Canada Resource Sharing Un- USCA 7 ...... 40°50′ 67°00′ derstanding. No NE multispecies fishing USCA 6 ...... 40°50′ 66°50′ USCA 5 ...... 40°40′ 66°50′ vessel, or person on such vessel, may USCA 4 ...... 40°40′ 66°40′ enter, fish in, or be in the U.S./Canada USCA 15 ...... 40°30′ 66°40′ Resource Sharing Understanding Man- USCA 14 ...... 40°30′ 65°44.3′ USCA 13 ...... 42°20′ 67°18.4′ agement Areas (U.S./Canada Manage- USCA 12 ...... 42°20′ 67°40′ ment Areas), as defined in paragraph (a)(1) of this section, unless the vessel (2) TAC allocation—(i) Process for es- is fishing in accordance with the re- tablishing TACs. The amount of GB cod strictions and conditions of this sec- and haddock TAC that may be har- tion. These restrictions do not preclude vested from the Eastern U.S./Canada fishing under an approved Special Ac- Area described in paragraph (a)(1)(ii) of cess Program specified under para- this section, and the amount of GB graph (b) of this section. yellowtail flounder TAC that may be (1) U.S./Canada Management Areas. A harvested from the Western U.S./Can- vessel issued a NE multispecies permit ada Area and the Eastern U.S./Canada that meets the requirements of para- Area, as described in paragraphs (a)(1)(i) and (ii) of this section, com- graph (a)(3) of this section may fish in bined, shall be determined by the proc- the U.S./Canada Management Areas de- ess specified in paragraphs (a)(2)(i)(A) scribed in paragraphs (a)(1)(i) and (ii) through (D) of this section. of this section. (A) To the extent practicable, by (i) Western U.S./Canada Area. The June 30 of each year, the Terms of Ref- Western U.S./Canada Area is the area erence for the U.S./Canada shared re- defined by straight lines connecting sources for GB cod, haddock, and the following points in the order stated yellowtail flounder shall be established (a chart depicting this area is available by the Steering Committee and the from the Regional Administrator upon Transboundary Management Guidance request): Committee (TMGC).

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(B) To the extent practicable, by component responsible for the overage July 31 of each year, a Transboundary in the following fishing year and may Resource Assessment Committee be subject to the overall groundfish AM (TRAC) joint assessment of the U.S./ provisions as specified in Canada shared resources for GB cod, § 648.90(a)(5)(ii) if the overall ACL for a haddock and yellowtail flounder shall particular stock in a given fishing occur. year, specified pursuant to § 648.90(a)(4), (C) To the extent practicable, by Au- is exceeded. gust 31 of each year, the TMGC shall (iii) Distribution of TACs. For stocks recommend TACs for the U.S./Canada managed by the U.S./Canada Resource shared resources for GB cod, haddock, Sharing Understanding, as specified in and yellowtail flounder. Prior to Octo- paragraph (a)(1) of this section, the ber 31 of each year, the Council may TAC allocation determined pursuant to refer any or all recommended TACs this paragraph (a)(2) shall be distrib- back to the TMGC and request changes uted between sectors approved pursu- to any or all TACs. The TMGC shall ant to § 648.87(c), common pool vessels, consider such recommendations and re- scallop vessels, and other applicable spond to the Council prior to October fisheries, as specified in § 648.90(a)(4). 31. Approved sectors will be allocated ACE (D) To the extent practicable, by Oc- for Eastern GB cod and Eastern GB tober 31 of each year, the Council shall haddock proportional to the sector’s review the TMGC recommended TACs allocation of the overall ACL for these for the U.S. portion of the U.S./Canada stocks, based upon the fishing histories Management Area resources for GB of sector vessels, as specified in cod, haddock, and yellowtail flounder. § 648.87(b)(1)(i). Any ACE for Eastern Based on the TMGC recommendations, GB cod and Eastern GB haddock allo- the Council shall recommend to the cated to an individual sector is consid- Regional Administrator the U.S. TACs ered a subset of the overall GB cod and for the shared stocks for the subse- GB haddock ACE allocated to that sec- quent fishing year as a subset of the tor and may only be harvested from ACLs for these stocks available to the the Eastern U.S./Canada Area, while commercial fishery pursuant to the remaining ACE for GB cod and GB § 648.90(a)(4). NMFS shall review the haddock available to that sector may Council’s recommendations and shall only be harvested outside of the East- publish the proposed TACs in the FED- ern U.S./Canada Area. For example, if a ERAL REGISTER and provide a 30-day sector is allocated 10 percent of the GB public comment period. NMFS shall haddock ACL, it will also be allocated make a final determination concerning 10 percent of the Eastern GB haddock the TACs and publish notification of TAC for that particular fishing year. the approved TACs and responses to (iv) Inseason TAC Adjustments. For FY public comments in the FEDERAL REG- 2014 only, the Regional Administrator, ISTER. The Council, at this time, may in consultation with the Council, may also consider modification of manage- adjust the FY 2014 TACs for the U.S./ ment measures in order to ensure com- Canada shared resources inseason con- pliance with the U.S./Canada Resource sistent with any quota trade rec- Sharing Understanding. Any changes ommendations made by the TMGC and/ to management measures will be modi- or Steering Committee, and approved fied pursuant to § 648.90. by the Regional Administrator. Any (ii) TAC Overages. Any overages of such inseason adjustment to the FY the overall Eastern GB cod, Eastern 2014 TACs may only increase the TAC GB haddock, and GB yellowtail floun- available to the U.S. fishery, and may der U.S. TACs caused by an overage of not reduce the TAC amount distributed the component of the U.S. TAC speci- in FY 2014 to any fishery component as fied for either the common pool, indi- specified in paragraph (a)(2)(iii) of this vidual sectors, the scallop fishery, or section. The revised FY 2014 TAC(s) any other fishery, pursuant to this shall be distributed consistent with the paragraph (a)(2) and § 648.90(a)(4), that process specified in paragraph (a)(2)(iii) occur in a given fishing year shall be of this section. For example, if the U.S. subtracted from the respective TAC receives additional yellowtail flounder

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TAC in FY 2014, and trades away a por- both inside and outside of the Eastern tion of its FY 2015 haddock TAC, the U.S./Canada Area on the same trip, Regional Administrator would increase provided it complies with the most re- the FY 2014 U.S. TAC for yellowtail strictive DAS counting requirements flounder inseason consistent with the specified in § 648.10(e)(5), trip limits, process specified in this paragraph and reporting requirements for the (a)(2)(iv). The adjustment to the FY areas fished for the entire trip, and the 2015 U.S. TAC for haddock would be restrictions specified in paragraphs made as part of the process for estab- (a)(3)(ii)(A)(1) through (4) of this sec- lishing TACs, as described in paragraph tion. A vessel on a sector trip may fish (a)(2)(i)(C) of this section. both inside and outside of the Eastern (3) Requirements for vessels in U.S./ U.S./Canada Area on the same trip, Canada Management Areas. Any com- provided it complies with the restric- mon pool or sector vessel, provided the tions specified in paragraphs sector to which a vessel belongs is allo- (a)(3)(ii)(A)(1) through (3) of this sec- cated ACE for stocks caught in the tion. When a vessel operator elects to Eastern U.S./Canada Area pursuant to fish both inside and outside of the paragraph (a)(2)(iii) of this section and Eastern U.S./Canada Area, all cod and § 648.87(b)(1)(i), may fish in the U.S./ haddock caught on that trip will be ap- Canada Management Areas, provided it portioned by area fished, as determined complies with conditions and restric- by all available data sources, and those tions of this section. A vessel other portions of the catch taken inside the than a NE multispecies vessel may fish Eastern U.S./Canada Area shall count in the U.S./Canada Management Area, toward the applicable hard TAC speci- subject to the restrictions specified in fied for the U.S./Canada Management paragraph (a)(3)(iv)(E) of this section Area. and all other applicable regulations for (1) The vessel operator must notify such vessels. NMFS via VMS prior to leaving the (i) VMS requirement. A NE multispe- Eastern U.S./Canada Area (including at cies vessel fishing in the U.S./Canada the time of initial declaration into the Management Areas described in para- Eastern U.S./Canada Area) that it is graph (a)(1) of this section must have also electing to fish outside the East- installed on board an operational VMS ern U.S./Canada Area, as instructed by unit that meets the minimum perform- the Regional Administrator. With the ance criteria specified in §§ 648.9 and exception of vessels participating in 648.10. the Regular B DAS Program and fish- (ii) Declaration. To fish in the U.S./ ing under a Regular B DAS and vessels Canada Management Area under a NE on a sector trip that are not fishing multispecies DAS or on a sector trip, a under a NE multispecies DAS for the NE multispecies vessel must declare purposes of complying with the restric- through the VMS the specific area tions of other fisheries, once a vessel within the U.S./Canada Management elects to fish outside of the Eastern Areas, as described in paragraphs U.S./Canada Area, Category A DAS (a)(1)(i) or (ii) of this section, or the shall accrue from the time the vessel specific SAP within the U.S./Canada crosses the VMS Demarcation Line at Management Areas, as described in the start of its fishing trip until the paragraph (b) of this section, the vessel time the vessel crosses the VMS De- will be fishing in prior to leaving the marcation Line on its return to port, dock, in accordance with instructions in accordance with § 648.10(e)(5)(iii). to be provided by the Regional Admin- (2) Unless otherwise exempted pursu- istrator, and must comply with the re- ant to this part, the vessel must com- strictions and conditions in paragraphs ply with the reporting requirements of (a)(3)(ii)(A) through (C) of this section. the U.S./Canada Management Area Vessels other than NE multispecies specified in § 648.85(a)(3)(v) for the dura- vessels are not required to declare into tion of the trip. the U.S./Canada Management Areas. (3) [Reserved] (A) A common pool vessel fishing (4) If a common pool vessel fishing under a NE multispecies DAS in the under a NE multispecies DAS possesses Eastern U.S./Canada Area may fish yellowtail flounder in excess of the trip

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limits for CC/GOM yellowtail flounder during a trip to the Eastern U.S./Can- or SNE/MA yellowtail flounder, as ada Area, provided the gear is stowed specified in § 648.86(g), the vessel may and not available for immediate use as not fish in either the CC/GOM or SNE/ defined in § 648.2. The description of the MA yellowtail flounder stock area dur- haddock separator trawl and the floun- ing that trip (i.e., may not fish outside der trawl net, and the description of of the U.S./Canada Management Area). the Ruhle trawl may be further speci- (B) A common pool vessel fishing fied by the Regional Administrator under a NE multispecies DAS in the through publication of such specifica- Western U.S./Canada Area may fish in- tions in the FEDERAL REGISTER, in a side and outside the Western U.S./Can- manner consistent with the Adminis- ada Area on the same trip, provided it trative Procedure Act. complies with the more restrictive reg- (A) Haddock Separator Trawl. A had- ulations applicable to the area fished dock separator trawl is defined as a for the entire trip (e.g., the possession groundfish trawl modified to a restrictions specified in paragraph vertically-oriented trouser trawl con- (a)(3)(iv)(C)(4) of this section), and the figuration, with two extensions ar- reporting requirements specified in ranged one over the other, where a § 648.85(a)(3)(v). A vessel on a sector trip codend shall be attached only to the in the Western U.S./Canada Area may upper extension, and the bottom exten- fish inside and outside the Western sion shall be left open and have no U.S./Canada Area on the same trip, codend attached. A horizontal large- provided it complies with the more re- mesh separating panel constructed strictive reporting requirements speci- with a minimum of 6.0-inch (15.2-cm) fied in § 648.85(a)(3)(v), unless otherwise diamond mesh must be installed be- exempted pursuant to this part. tween the selvedges joining the upper (C) For the purposes of selecting ves- and lower panels, as described in para- sels for observer deployment, a vessel graphs (a)(3)(iii)(A) and (B) of this sec- fishing in either of the U.S./Canada tion, extending forward from the front Management Areas specified in para- of the trouser junction to the aft edge graph (a)(1) of this section must pro- of the first belly behind the fishing cir- vide notice to NMFS of the vessel cle. The horizontal large-mesh sepa- name; contact name for coordination of observer deployment; telephone num- rating panel must be constructed with ber for contact; and the date, time, and mesh of a contrasting color to the port of departure, at least 48 hr prior to upper and bottom extensions of the net the beginning of any trip that it de- that it separates. clares into the U.S./Canada Manage- (1) Two-seam bottom trawl nets. For ment Area as required under this para- two seam nets, the separator panel will graph (a)(3)(ii). be constructed such that the width of (iii) Gear requirements. A NE multi- the forward edge of the panel is 80–85 species vessel fishing with trawl gear percent of the width of the after edge in the Eastern U.S./Canada Area de- of the first belly of the net where the fined in paragraph (a)(1)(ii) of this sec- panel is attached. For example, if the tion, unless otherwise provided in para- belly is 200 meshes wide (from selvedge graphs (b)(6) and (8) of this section, to selvedge), the separator panel must must fish with a Ruhle trawl, as de- be no wider than 160–170 meshes wide. scribed in paragraph (b)(6)(iv)(J)(1) of (2) Four-seam bottom trawl nets. For this section, or a haddock separator four seam nets, the separator panel trawl, or a flounder trawl net, as de- will be constructed such that the width scribed in paragraphs (a)(3)(iii)(A) and of the forward edge of the panel is 90– (B) of this section (all three nets may 95 percent of the width of the after be onboard the fishing vessel simulta- edge of the first belly of the net where neously). Unless otherwise restricted the panel is attached. For example, if by § 648.80(n), gear other than the Ruhle the belly is 200 meshes wide (from sel- trawl, haddock separator trawl, or the vedge to selvedge), the separator panel flounder trawl net, or gear authorized must be no wider than 180–190 meshes under paragraphs (b)(6) and (8) of this wide. The separator panel will be at- section, may be on board the vessel tached to both of the side panels of the

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net along the midpoint of the side pan- part, a common pool vessel fishing in els. For example, if the side panel is 100 the Eastern U.S./Canada Area described meshes tall, the separator panel must in paragraph (a)(1)(ii) of this section be attached at the 50th mesh. may not land more than 500 lb (226.8 (B) Flounder Trawl Net. A flounder kg) of cod per DAS, or any part of a trawl net is defined as bottom trawl DAS, up to 5,000 lb (2,268 kg) per trip. A gear meeting one of the following two vessel fishing in the Eastern U.S./Can- net descriptions: ada Area may be further restricted by (1) A two-seam, low-rise net con- participation in other Special Manage- structed with mesh size in compliance ment Programs, as required under this with § 648.80(a)(4), where the maximum section. footrope length is not greater than 105 (2) Possession restriction when 100 per- ft (32.0 m) and the headrope is at least cent of TAC is harvested. When the Re- 30 percent longer than the footrope. gional Administrator projects that 100 The footrope and headrope lengths percent of the TAC allocation for cod shall be measured from the forward specified in paragraph (a)(2) of this sec- wing end. tion will be harvested, NMFS shall, in (2) A two-seam, low-rise net con- a manner consistent with the Adminis- structed with mesh size in compliance trative Procedure Act, close the East- with § 648.80(a)(4), with the exception ern U.S./Canada Area to all limited ac- that the top panel of the net contains cess NE multispecies DAS and sector a section of mesh at least 10 ft (3.05 m) vessels subject to that particular TAC long and stretching from selvedge to allocation, as specified in paragraph selvedge, composed of at least 12–in (a)(3)(iv)(E) of this section, by prohib- (30.5–cm) mesh that is inserted no far- iting such vessels and all other vessels ther than 4.5 meshes behind the not issued a limited access NE multi- headrope. species permit from entering or being (iv) Harvest controls. Unless otherwise in this area and from harvesting, pos- specified in this paragraph (a)(3)(iv), sessing, or landing cod in or from the any NE multispecies vessel fishing in Eastern U.S./Canada Area during the the U.S./Canada Management Areas is closure period. subject to the following restrictions. (B) Haddock landing limit—(1) Initial For common pool vessels, the trip lim- haddock landing limit. The initial had- its specified in this paragraph (a)(3)(iv) dock landing limit for common pool are in addition to any other possession vessels is specified in § 648.86(a), unless or landing limits applicable to vessels adjusted pursuant to paragraphs not fishing in the U.S./Canada Manage- (a)(3)(iv)(B)(2) and (3) of this section. ment Areas. A sector vessel is subject (2) Implementation of haddock landing to the trip limits specified in limit for Eastern U.S./Canada Area. When § 648.87(b)(1)(ix). the Regional Administrator projects (A) Cod landing limit restrictions. Not- that 70 percent of the haddock TAC al- withstanding other applicable posses- location specified for common pool ves- sion and landing restrictions under this sels, as described in paragraph (a)(2) of part, a common pool vessel fishing in this section, will be harvested, NMFS the Eastern U.S./Canada Area described shall implement, in a manner con- in paragraph (a)(1)(ii) of this section sistent with the Administrative Proce- may not land more than 500 lb (226.8 dure Act, a haddock trip limit for com- kg) of cod per DAS, or any part of a mon pool vessels fishing in the Eastern DAS, up to 5,000 lb (2,268 kg) per trip. A U.S./Canada Area of 1,500 lb (680.4 kg) vessel fishing in the Eastern U.S./Can- per day, and 15,000 lb (6,804.1 kg) per ada Area may be further restricted by trip. participation in other Special Manage- (3) Possession restriction when 100 per- ment Programs, as required under this cent of TAC is harvested. When the Re- section. gional Administrator projects that 100 (1) Initial cod landing limit. Unless percent of the TAC allocation for had- modified pursuant to paragraph dock distributed to either common (a)(3)(iv)(D) of this section, notwith- pool vessels or a particular sector, as standing other applicable possession specified in paragraph (a)(2) of this sec- and landing restrictions under this tion, will be harvested, NMFS shall, in

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a manner consistent with the Adminis- (a)(2) of this section, will be harvested, trative Procedure Act, close the East- NMFS shall, in a manner consistent ern U.S./Canada Area to all limited ac- with the Administrative Procedure cess NE multispecies vessels subject to Act, close the Eastern U.S./Canada that particular TAC allocation, as Area to all limited access NE multispe- specified in paragraph (a)(3)(iv)(E) of cies vessels subject to that particular this section, and prohibit such vessels TAC allocation, as specified in para- and all other vessels not issued a lim- graph (a)(3)(iv)(E) of this section, and ited access NE multispecies permit prohibit such vessels and all other ves- from harvesting, possessing, or landing sels not issued a limited access NE haddock in or from the Eastern U.S./ multispecies permit from harvesting, Canada Area. possessing, or landing yellowtail floun- (C) Yellowtail flounder landing limit— der from the U.S./Canada Management (1) Initial yellowtail flounder landing Area. limit. Unless further restricted under (4) Yellowtail flounder landing limit for paragraphs (a)(3)(iv)(C)(2) or (D) of this vessels fishing both inside and outside the section (gear performance incentives), Western U.S./Canada Area on the same or modified pursuant to paragraph trip. A vessel fishing both inside and (a)(3)(iv)(D) of this section, there is no outside of the Western U.S./Canada initial limit to the amount of Area on the same trip, as allowed yellowtail flounder that could be land- under paragraph (a)(3)(ii)(B) of this sec- ed for each fishing year. tion, is subject to the most restrictive (2) Regional Administrator authority to landing limits that apply to any of the adjust the yellowtail flounder landing areas fished, for the entire trip. limit mid-season. If, based upon avail- (D) Other restrictions or inseason ad- able information, the Regional Admin- justments. In addition to the possession istrator projects that the yellowtail restrictions specified in paragraph flounder catch may exceed the (a)(3)(iv) of this section, the Regional yellowtail flounder TAC for a fishing Administrator, in a manner consistent year, the Regional Administrator may with the Administrative Procedure implement, adjust, or remove the Act, may modify the gear require- yellowtail flounder landing limit at ments, modify or close access to the any time during that fishing year in U.S./Canada Management Areas, or order to prevent yellowtail flounder modify the total number of trips into catch from exceeding the TAC, or to fa- the U.S./Canada Management Area, to cilitate harvesting the TAC, in a man- prevent over-harvesting or to facilitate ner consistent with the Administrative achieving the TAC specified in para- Procedure Act. If, based upon available graph (a)(2) of this section. Such ad- information, the Regional Adminis- justments may be made at any time trator projects that the yellowtail during the fishing year, or prior to the flounder catch is less than 90 percent of start of the fishing year. If necessary the TAC, the Regional Administrator to give priority to using Category A may adjust or remove the yellowtail DAS versus using Category B DAS, the flounder landing limit at any time dur- Regional Administrator may imple- ing the fishing year in order to facili- ment different management measures tate the harvest of the TAC, in a man- for vessels using Category A DAS than ner consistent with the Administrative for vessels using Category B DAS. If Procedure Act. The Regional Adminis- the Regional Administrator, under this trator may specify yellowtail flounder authority, requires use of a particular trip limits that apply to the entire gear type in order to reduce catches of U.S./Canada Management Area or to stocks of concern, unless further re- only the Western or Eastern Area. stricted elsewhere in this part, the fol- (3) Possession restriction when 100 per- lowing gear performance incentives cent of TAC is harvested. When the Re- will apply: Possession of flounders (all gional Administrator projects that 100 species combined), monkfish, and percent of the TAC allocation for skates is limited to 500 lb (226.8 kg) yellowtail flounder distributed to ei- (whole weight) each (i.e., no more than ther common pool vessels or a par- 500 lb (226.8 kg) of all flounders, no ticular sector, as specified in paragraph more than 500 lb (226.8 kg) of monkfish,

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and no more than 500 lb (226.8 kg) of mit reports via VMS, in accordance skates), and possession of lobsters is with instructions provided by the Re- prohibited. gional Administrator, for each day of (E) Closure of Eastern U.S./Canada the fishing trip when declared into ei- Area. Based upon available informa- ther of the U.S./Canada Management tion, when the Regional Administrator Areas. The owner or operator of a sec- projects that any individual TAC allo- tor vessel must submit daily reports cation for NE multispecies common via VMS, in accordance with instruc- pool or sectors specified in paragraph tions provided by the Regional Admin- (a)(2)(iii) of this section will be caught, istrator, for each day of the fishing trip NMFS shall close, in a manner con- when declared into the Eastern U.S./ sistent with the Administrative Proce- Canada Area. Vessels subject to the dure Act, the Eastern U.S./Canada Area daily reporting requirement must re- to all vessels subject to that particular port daily for the entire fishing trip, TAC allocation, unless otherwise al- regardless of what areas are fished. The lowed under this paragraph reports must be submitted in 24-hr in- (a)(3)(iv)(E). For example, if the East- tervals for each day, beginning at 0000 ern GB cod TAC specified for common hr and ending at 2359 hr, and must be pool vessels is projected to be caught, submitted by 0900 hr of the following NMFS shall close the Eastern U.S./Can- day, or as instructed by the Regional ada Area to all common pool vessels Administrator. The reports must in- operating under a NE multispecies clude at least the following informa- DAS. Should the Eastern U.S./Canada tion: Area close as described in this para- (1) VTR serial number or other uni- graph (a)(3)(iv)(E), common pool ves- versal ID specified by the Regional Ad- sels fishing under a DAS may continue ministrator; to fish in a SAP within the Eastern (2) Date fish were caught and statis- U.S./Canada Area, provided that the tical area in which fish were caught; TAC for the target stock identified for and that particular SAP (i.e., haddock for (3) Total pounds of cod, haddock, the Eastern U.S./Canada Haddock SAP yellowtail flounder, winter flounder, or haddock or yellowtail flounder for witch flounder, pollock, American the CA II Yellowtail Flounder/Haddock plaice, redfish, Atlantic halibut, ocean SAP) has not been fully harvested. A pout, Atlantic wolffish, and white hake vessel fishing on a sector trip may only kept (in pounds, live weight) in each fish in a SAP if that vessel’s sector has statistical area, as instructed by the ACE available for all stocks caught in Regional Administrator. that SAP. For example, should the GB (B) The Regional Administrator may cod TAC allocation specified for com- remove or modify the reporting re- mon pool vessels in paragraph (a)(2)(iii) quirement for sector vessels in of this section be attained, and the § 648.85(a)(3)(v) in a manner consistent Eastern U.S./Canada Area closure im- with the Administrative Procedure plemented for common pool vessels, Act. common pool vessels could continue to (vi) Withdrawal from U.S./Canada Re- fish for yellowtail flounder within the source Sharing Understanding. At any SAP identified as the Closed Area II time, the Regional Administrator, in Yellowtail Flounder/Haddock SAP, de- consultation with the Council, may scribed in paragraph (b)(3) of this sec- withdraw from the provisions of the tion, in accordance with the require- U.S./Canada Resource Sharing Under- ments of that program. Upon closure of standing described in this section, if the Eastern U.S./Canada Area, vessels the Understanding is determined to be may transit through this area as de- inconsistent with the goals and objec- scribed in paragraph (a)(1)(ii) of this tives of the FMP, the Magnuson-Ste- section, provided that its gear is vens Act, or other applicable law. If the stowed and not available for immediate United States withdraws from the Un- use as defined in § 648.2, unless other- derstanding, the implementing meas- wise restricted under this part. ures, including TACs, remain in place (v) Reporting. (A) The owner or oper- until changed through the framework ator of a common pool vessel must sub- or FMP amendment process.

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(vii) Transiting. A NE multispecies in the Closed Area II Yellowtail Floun- vessel that has declared into the East- der/Haddock Access Area, as described ern U.S./Canada Area, as defined in in paragraph (b)(3)(ii) of this section, paragraph (a)(1)(ii) of this section, and for the period specified in paragraph that is not fishing in the CA II (b)(3)(iii) of this section, provided the Yellowtail Flounder/Haddock SAP de- Eastern U.S./Canada Area, as described scribed in paragraph (b)(3) of this sec- in paragraph (a)(1)(ii) of this section, is tion, may transit the CA II Yellowtail not closed according to the provisions Flounder/Haddock SAP Area, as de- specified in paragraph (a)(3)(iv)(E) of scribed in paragraph (b)(3)(ii) of this this section, or that the sector to section, provided all fishing gear is which a vessel belongs no longer has stowed and not available for immediate ACE available for all stocks caught use as defined in § 648.2. within the Eastern U.S./Canada Area (b) Special Access Programs. A SAP is pursuant to § 648.87(b)(1)(i). All eligible a narrowly defined fishery that results vessels must comply with the require- in increased access to a stock that, in ments of this section, unless otherwise the absence of such authorization, specified in this paragraph (b)(3). would not be allowed due to broadly (ii) Closed Area II Yellowtail Flounder/ applied regulations. A SAP authorizes Haddock SAP Area. The Closed Area II specific fisheries targeting either NE Yellowtail Flounder/Haddock SAP multispecies stocks or non-multispe- Area is the area defined by straight cies stocks in order to allow an in- lines connecting the following points in creased yield of the target stock(s) the order stated: without undermining the achievement of the goals of the NE Multispecies CLOSED AREA II YELLOWTAIL FLOUNDER/ FMP. A SAP should result in a harvest HADDOCK SAP AREA level that more closely approaches OY, without compromising efforts to re- Point N. latitude W. longitude build overfished stocks, end over- Ytail 1 ...... 41°30′ 67°20′ fishing, minimize bycatch, or minimize Ytail 2 ...... 41°30′ 66°34.8′ ° ′ ° ′ impact on EFH. Development of a SAP G5 ...... 41 18.6 66 24.8 1 CII 2 ...... 41°00′ 66°35.8′ requires a relatively high level of fish- CII 1 ...... 41°00′ 67°20′ ery dependent and fishery independent Ytail 1 ...... 41°30′ 67°20′ information in order to be consistent with this rationale. (iii) Season—(A) Season when the CA (1) SAPs harvesting NE multispecies. A II Yellowtail Flounder/Haddock SAP is SAP to harvest NE multispecies may open to target yellowtail flounder. When be proposed by the Council and ap- the CA II Yellowtail Flounder/Haddock proved by NMFS through the frame- SAP is open to target yellowtail floun- work process described under § 648.90. der, as specified in paragraph (b)(3)(vii) (2) SAPs harvesting stocks other than of this section, eligible vessels may NE multispecies. A SAP to harvest fish in the Closed Area II Yellowtail stocks of fish other than NE multispe- Flounder/Haddock SAP from July 1 cies (non-multispecies SAP) may be through December 31. proposed by the Council and approved (B) Season when the CA II Yellowtail by NMFS through the framework proc- Flounder/Haddock SAP is open only to ess described under § 648.90. target haddock. When the CA II (3) Closed Area II Yellowtail Flounder/ Yellowtail Flounder/Haddock SAP is Haddock SAP—(i) Eligibility. Any vessel open only to target haddock, as speci- issued a valid limited access NE multi- fied in paragraph (b)(3)(vii) of this sec- species permit fishing under a NE tion, eligible vessels may fish in the CA multispecies DAS or on a sector trip, II Yellowtail Flounder/Haddock SAP provided the sector to which the vessel from August 1 through January 31. belongs has been allocated ACE for all (iv) VMS requirement. All NE multi- stocks that may be caught within the species vessels fishing in the U.S./Can- Eastern U.S./Canada Area pursuant to ada Management Areas described in § 648.87(b)(1)(i), are eligible to partici- paragraph (a)(1) of this section must pate in the Closed Area II Yellowtail have installed on board an operational Flounder/Haddock SAP, and may fish VMS unit that meets the minimum

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performance criteria specified in (a)(3)(iv)(D) of this section, the total §§ 648.9 and 648.10. number of allowed trips by common (v) Declaration. For the purposes of pool vessels that may be declared into selecting vessels for observer deploy- the Closed Area II Yellowtail Flounder/ ment, a vessel must provide notice to Haddock SAP for each fishing year NMFS of the vessel name; contact shall be as announced by the Regional name for coordination of observer de- Administrator on or about June 1, after ployment; telephone number for con- consultation with the Council, in a tact; date, time and port of departure; manner consistent with the Adminis- and special access program to be trative Procedure Act. Except as pro- fished, at least 48 hr prior to the begin- vided in paragraph (b)(3)(vii)(B) of this ning of any trip that it declares into section, the total number of trips by the SAP as required under this para- all common pool vessels that may be graph (b)(3)(v). To fish in the Closed declared into this SAP when the SAP Area II Yellowtail Flounder/Haddock is open to target yellowtail flounder SAP, a vessel must declare into this shall not exceed 320 per year. When de- area through the VMS prior to depar- termining the total number of trips, ture from port, in accordance with in- the Regional Administrator shall con- structions provided by the Regional sider the available yellowtail flounder Administrator. A vessel declared into TAC under the U.S./Canada Resource the Closed Area II Yellowtail Flounder/ Sharing Understanding, the potential Haddock SAP may also fish in the area catch of GB yellowtail flounder by all outside the Eastern U.S./Canada Area, vessels fishing outside of the SAP, re- as defined in paragraph (a)(1)(ii) of this cent discard estimates in all fisheries section, on the same trip, provided the that catch yellowtail flounder, the ex- vessel also declares into this area prior pected number of SAP participants, to departure from port and fishes under and any other available information. If the most restrictive DAS counting re- the Regional Administrator determines quirements specified in § 648.10(e)(5), that the available catch, as determined trip limits, and reporting requirements by subtracting the potential catch of for the areas fished during the entire GB yellowtail flounder by all vessels trip. outside of the SAP from the GB (vi) Number of trips per vessel—(A) yellowtail flounder TAC allocation Number of trips allowed when the CA II specified in paragraph (a)(2) of this sec- Yellowtail Flounder/Haddock SAP is open tion, is insufficient to allow for at least to target yellowtail flounder. When the 150 trips with a possession limit of CA II Yellowtail Flounder/Haddock 15,000 lb (6,804 kg) of yellowtail floun- SAP is open to target yellowtail floun- der per trip, the Regional Adminis- der, as specified in paragraph (b)(3)(vii) trator may choose not to authorize any of this section, eligible common pool trips into the SAP during a fishing vessels are restricted to one trip per year. calendar month during the season de- (B) Opening the CA II Yellowtail/Had- scribed in paragraph (b)(3)(iii) of this dock SAP to only target haddock. If the section. CA II Yellowtail Flounder/Haddock (B) Number of trips allowed when the SAP is not open to targeting yellowtail CA II Yellowtail Flounder/Haddock SAP flounder due to an insufficient amount is open only to target haddock. When the of yellowtail flounder TAC, or because CA II Yellowtail Flounder/Haddock the maximum number of trips allowed SAP is open only to target haddock, as into the CA II Yellowtail Flounder/ specified in paragraph (b)(3)(vii) of this Haddock SAP to target yellowtail section, there is no limit on the num- flounder has been achieved pursuant to ber of trips that can be taken by eligi- paragraph (b)(3)(vii)(A) of this section, ble vessels during the season described eligible vessels may target haddock in in paragraph (b)(3)(iii) of this section. the CA II Yellowtail Flounder/Haddock (vii) Opening criteria—(A) Opening the Access Area, as specified in paragraph CA II Yellowtail Flounder/Haddock SAP (b)(3)(ii) of this section, provided the to target yellowtail flounder. Unless oth- Eastern GB haddock TAC specified in erwise authorized by the Regional Ad- paragraph (a)(2) of this section has not ministrator, as specified in paragraph been caught, the Eastern U.S./Canada

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Area is not closed pursuant to para- trip, regardless of trip length. A com- graph (a)(3)(iv)(D) of this section; and, mon pool vessel fishing on a NE multi- for vessels on a sector trip, the sector species DAS in the Closed Area II to which the sector vessel belongs has Yellowtail Flounder/Haddock SAP is ACE remaining for the stocks caught subject to the haddock requirements in the Eastern U.S./Canada Area. described in § 648.86(a), unless further (viii) Trip limits. Vessels subject to restricted under paragraph (a)(3)(iv) of the provisions of the common pool that this section. are fishing in the Closed Area II (C) Other species trip limits. A common Yellowtail Flounder/Haddock SAP are pool vessel fishing on a NE multispe- subject to the following trip limits, un- cies DAS in the CA II Yellowtail less otherwise restricted in this part. Flounder/Haddock SAP using a had- Vessels subject to the restrictions and dock separator trawl, a Ruhle trawl, or conditions of an approved sector oper- any other gear specified pursuant to ations plan fishing in the Closed Area paragraph (b)(3)(x)(B) must comply II Yellowtail Flounder/Haddock SAP with the trip limits specified in § 648.86, are subject to the trip limits specified unless further restricted by the trip in § 648.87(b)(1)(ix). limits specified in paragraph (e) of this (A) Yellowtail flounder trip limit—(1) section. Trip limits when the CA II Yellowtail (ix) Area fished. Eligible vessels that Flounder/Haddock SAP is open to target have declared a trip into the Closed yellowtail flounder. Unless otherwise au- Area II Yellowtail Flounder/Haddock thorized by the Regional Adminis- SAP, and other areas as specified in trator as specified in paragraph paragraph (b)(3)(v) of this section, may (a)(3)(iv)(D) of this section, when the not fish for, possess, or land fish in or CA II Yellowtail Flounder/Haddock from outside of the declared area dur- SAP is open to target yellowtail floun- ing the same trip. der, as specified in paragraph (b)(3)(vii) (x) Gear requirements—(A) Approved of this section, a vessel subject to the gear. When the CA II Yellowtail Floun- provisions of the common pool that is der/Haddock SAP is open to target fishing in the CA II Yellowtail Floun- yellowtail flounder, as specified in der/Haddock SAP may fish for, possess, paragraph (b)(3)(vii) of this section, NE and land up to 10,000 lb (4,536 kg) of multispecies vessels fishing with trawl yellowtail flounder per trip. The Re- gear must use a haddock separator gional Administrator may adjust this trawl or a flounder trawl net, as de- limit to a maximum of 30,000 lb (13,608 scribed in paragraph (a)(3)(iii) of this kg) per trip after considering the fac- section, or the Ruhle trawl, as de- tors listed in paragraph (b)(3)(vii) of scribed in paragraph (b)(6)(iv)(J)(3) of this section for the maximum number this section (all three nets may be on- of trips. board the fishing vessel simulta- (2) Trip limits when the CA II neously). When this SAP is only open Yellowtail Flounder/Haddock SAP is open to target haddock, NE multispecies to target haddock. Unless otherwise vessels must use a haddock separator specified by the Regional Adminis- trawl, a Ruhle trawl, or hook gear. trator pursuant to paragraph Gear other than the haddock separator (a)(3)(iv)(D) of this section, when the trawl, the flounder trawl, or the Ruhle CA II Yellowtail Flounder/Haddock trawl may be on board the vessel dur- SAP is only open to target haddock, as ing a trip to the Eastern U.S./Canada specified in paragraph (b)(3)(vii) of this Area outside of the CA II Yellowtail section, the trip limit for yellowtail Flounder/Haddock SAP, provided the flounder is specified in paragraph gear is stowed and not available for im- (b)(3)(viii)(C) of this section. mediate use as defined in § 648.2. (B) Cod and haddock trip limit. Unless (B) Approval of additional gear. The otherwise restricted, a common pool Regional Administrator may authorize vessel fishing any portion of a trip in additional gear for use in the CA II the Closed Area II Yellowtail Flounder/ Yellowtail Flounder/Haddock SAP in Haddock SAP on a NE multispecies accordance with the standards and re- DAS may not fish for, possess, or land quirements specified in paragraph more than 1,000 lb (453.6 kg) of cod per (b)(6)(iv)(J)(2) of this section.

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(xi) No-discard provision and DAS flips. based upon the portion of the ACL for A vessel fishing in the CA II Yellowtail a stock specified for the common pool Flounder/Haddock SAP under a NE vessels pursuant to § 648.90(a)(4), and al- multispecies DAS or on a sector trip located as described in this paragraph may not discard legal-sized regulated (b)(5), for each of the following stocks: NE multispecies, unless the possession GOM cod, GB cod, GB yellowtail floun- of the species is prohibited pursuant to der, CC/GOM yellowtail flounder, § 648.86, or unless otherwise specified in American plaice, SNE/MA winter floun- this paragraph (b)(3)(xi). A vessel may der, and witch flounder. Because GB discard Atlantic halibut exceeding the yellowtail flounder and GB cod are one fish per trip possession limit. If a transboundary stocks, the incidental vessel fishing in the CA II Yellowtail catch TACs for these stocks shall be Flounder/Haddock SAP exceeds an ap- based upon the common pool portion of plicable trip limit, the vessel must exit the ACL available to U.S. vessels. the SAP. If a common pool vessel oper- NMFS shall send letters to limited ac- ator fishing in the CA II Yellowtail cess NE multispecies permit holders Flounder/Haddock SAP under a Cat- notifying them of such TACs. egory B DAS harvests and brings on (i) Stocks other than GB cod and GB board more legal-sized regulated NE yellowtail flounder. With the exception multispecies or Atlantic halibut than of GB cod and GB yellowtail flounder, the maximum landing limits allowed 100 percent of the Incidental Catch per trip, as specified in paragraph TACs specified in this paragraph (b)(5) (b)(3)(iv) or (viii) of this section, or in shall be allocated to the Regular B § 648.86, the vessel operator must imme- DAS Program described in paragraph diately notify NMFS via VMS to ini- (b)(6) of this section. tiate a DAS flip (from a Category B (ii) GB cod. The Incidental Catch TAC DAS to a Category A DAS). Once this for GB cod specified in this paragraph notification has been received by (b)(5) shall be subdivided as follows: 60 NMFS, the vessel’s entire trip will ac- percent to the Regular B DAS Program crue as a Category A DAS trip. For a described in paragraph (b)(6) of this vessel that notifies NMFS of a DAS section and 40 percent to the Eastern flip, the Category B DAS that have ac- U.S./Canada Haddock SAP described in crued between the time the vessel paragraph (b)(7) of this section. started accruing Category B DAS (i.e., (iii) GB yellowtail flounder. The Inci- either at the beginning of the trip, or dental Catch TAC for GB yellowtail at the time the vessel crossed into the flounder specified in this paragraph Eastern U.S./Canada Area) and the (b)(5) shall be subdivided as follows: 50 time the vessel declared its DAS flip percent to the Regular B DAS Program shall be accrued as Category A DAS, described in paragraph (b)(6) of this and not Category B DAS. section and 50 percent to the Eastern (xii) Minimum Category A DAS. For U.S./Canada Haddock SAP described in vessels fishing under a Category B paragraph (b)(8) of this section. DAS, the number of Category B DAS (6) Regular B DAS Pilot Program—(i) that can be used on a trip cannot ex- Eligibility. Vessels issued a valid lim- ceed the number of available Category ited access NE multispecies DAS per- A DAS the vessel has at the start of mit and allocated Regular B DAS are the trip. eligible to participate in the Regular B (xiii) Catch distribution. All catch of DAS Program, and may elect to fish GB haddock from vessels declared into under a Regular B DAS, provided they the CA II Yellowtail Flounder/Haddock comply with the requirements and re- SAP shall be applied against the East- strictions of this paragraph (b)(6), and ern GB haddock TAC, as specified in provided the use of Regular B DAS is paragraph (a)(2) of this section, for ei- not restricted according to paragraphs ther common pool vessels or individual (b)(6)(iv)(G) or (H), or paragraph approved sectors. (b)(6)(vi) of this section. Vessels are re- (4) [Reserved] quired to comply with the no dis- (5) Incidental Catch TACs. Unless oth- carding and DAS flip requirements erwise specified in this paragraph specified in paragraph (b)(6)(iv)(E) of (b)(5), Incidental Catch TACs shall be this section, and the DAS balance and

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accrual requirements specified in para- Mere declaration of a Regular B DAS graph (b)(6)(iv)(F) of this section. Ves- Program trip does not reserve a ves- sels may fish under the B Regular DAS sel’s right to fish under the Program, if Program and in the U.S./Canada Man- the vessel has not crossed the VMS de- agement Area on the same trip, but marcation line. may not fish under the Regular B DAS (D) Landing limits. Unless otherwise Program and in a SAP on the same specified in this paragraph (b)(6)(iv)(D), trip. or restricted pursuant to § 648.86, a NE (ii) [Reserved] multispecies vessel fishing in the Reg- (iii) Quarterly Incidental Catch TACs. ular B DAS Program described in this The Incidental Catch TACs specified in paragraph (b)(6), and fishing under a accordance with paragraph (b)(5) of Regular B DAS, may not land more this section shall be divided into quar- than 100 lb (45.5 kg) per DAS, or any terly catch TACs as follows: The first part of a DAS, up to a maximum of quarter shall receive 13 percent of the 1,000 lb (454 kg) per trip, of any of the Incidental Catch TACs and the remain- following species/stocks from the areas ing quarters shall each receive 29 per- specified in paragraph (b)(6)(v) of this cent of the Incidental Catch TACs. section: Cod (both GOM and GB), NMFS shall send letters to all limited American plaice, witch flounder, SNE/ access NE multispecies permit holders MA winter flounder, and GB yellowtail notifying them of such TACs. flounder; and may not land more than (iv) Program requirements—(A) VMS re- 25 lb (11.3 kg) per DAS, or any part of quirement. A NE multispecies DAS ves- a DAS, up to a maximum of 250 lb (113 sel fishing in the Regular B DAS Pro- kg) per trip of CC/GOM yellowtail gram described in paragraph (b)(6)(i) of flounder. In addition, trawl vessels, this section must have installed on board an operational VMS unit that which are required to fish with a had- meets the minimum performance cri- dock separator trawl, as specified in teria specified in §§ 648.9 and 648.10. paragraph (a)(3)(iii)(A) of this section, (B) Observer notification. For the pur- or a Ruhle trawl, as specified in para- poses of selecting vessels for observer graph (b)(6)(iv)(J) of this section, and deployment, a vessel must provide no- other gear that may be required in tice to NMFS of the vessel name; con- order to reduce catches of stocks of tact name for coordination of observer concern as described in paragraph deployment; telephone number for con- (b)(6)(iv)(J) of this section, are re- tact; the date, time, and port of depar- stricted to the trip limits specified in ture; and the planned fishing area or paragraph (e) of this section. areas (GOM, GB, or SNE/MA) at least (E) No-discard provision and DAS flips. 48 hr prior to the beginning of any trip A vessel fishing in the Regular B DAS declared into the Regular B DAS Pro- Program under a Regular B DAS may gram as required by paragraph not discard legal-sized regulated spe- (b)(6)(iv)(C) of this section, and in ac- cies, ocean pout, or monkfish. This pro- cordance with the Regional Adminis- hibition on discarding does not apply trator’s instructions. Providing notice in areas or times where the possession of the area that the vessel intends to or landing of regulated species or ocean fish does not restrict the vessel’s activ- pout is prohibited, as specified in ity on that trip to that area only (i.e., §§ 648.85 and 648.86. If such a vessel har- the vessel operator may change his/her vests and brings on board legal-sized plans regarding planned fishing areas). regulated species or ocean pout in ex- (C) VMS declaration. To participate in cess of the allowable landing limits the Regular B DAS Program under a specified in paragraph (b)(6)(iv)(D) of Regular B DAS, a vessel must declare this section or § 648.86, the vessel oper- into the Program via VMS prior to de- ator must notify NMFS immediately parture from port, in accordance with via VMS to initiate a DAS flip from a instructions provided by the Regional B DAS to an A DAS. Once this notifica- Administrator. A vessel declared into tion has been received by NMFS, the the Regular B DAS Program cannot vessel shall automatically be switched fish in an approved SAP described by NMFS to fishing under a Category A under this section on the same trip. DAS for its entire fishing trip. Thus,

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any Category B DAS that accrued be- area(s) as defined under paragraph tween the time the vessel declared into (b)(6)(v) of this section for the duration the Regular B DAS Program at the be- of the calendar quarter. The closure of ginning of the trip (i.e., at the time the a stock area to all Regular B DAS use vessel crossed the demarcation line at will occur even if the quarterly inci- the beginning of the trip) and the time dental catch TACs for other stocks in the vessel declared its DAS flip shall be that stock area have not been com- accrued as Category A DAS, and not pletely harvested. When the Regional Regular B DAS. After flipping to a Cat- Administrator projects that 100 percent egory A DAS, the vessel is subject to of the quarterly white hake incidental the applicable trip limits specified in catch TAC specified under paragraph § 648.85(a) or § 648.86 and may discard (b)(6)(iii) of this section has been har- fish in excess of the applicable trip lim- vested, vessels fishing under a Regular its. B DAS, or that complete a trip under a (F) Minimum Category A DAS and B Regular B DAS, will be prohibited from DAS accrual. For a vessel fishing under retaining white hake. the Regular B DAS Program, the num- (H) Closure of Regular B DAS Program ber of Regular B DAS that may be used and quarterly DAS limits. Unless other- on a trip cannot exceed the number of wise closed as a result of the harvest of Category A DAS that the vessel has at an Incidental Catch TAC as described the start of the trip. If a vessel is fish- in paragraph (b)(6)(iv)(G) of this sec- ing in an area subject to differential tion, or as a result of an action by the DAS counting pursuant to § 648.82(n)(1), Regional Administrator under para- the number of Regular B DAS that graph (b)(6)(vi) of this section, the use may be used on a trip cannot exceed of Regular B DAS shall, in a manner the number of Category A DAS that the vessel has at the start of the trip consistent with the Administrative divided by the applicable differential Procedure Act, be prohibited when 500 DAS counting factor specified in Regular B DAS have been used during § 648.82(n)(1)(ii). For example, if a vessel the first quarter of the fishing year plans a trip under the Regular B DAS (May–July), or when 1,000 Regular B Program in the Inshore GOM Differen- DAS have been used during any of the tial DAS Area during a fishing year in remaining quarters of the fishing year, which the area is subject to a differen- in accordance with § 648.82(e)(1). tial DAS counting factor of 1.2, and the (I) Reporting requirements. The owner vessel has 10 Category A DAS available or operator of a NE multispecies DAS at the start of the trip, the maximum vessel must submit catch reports via number of Regular B DAS that the ves- VMS in accordance with instructions sel may fish under the Regular B Pro- provided by the Regional Adminis- gram is 8 (10 divided by 1.2 = 8.33, but trator, for each day fished when de- since Regular B DAS are charged in 24- clared into the Regular B DAS Pro- hr intervals, 8 Regular B DAS is the gram. The reports must be submitted maximum that can be used for this in 24-hr intervals for each day, begin- trip). A vessel fishing in the Regular B ning at 0000 hr and ending at 2359 hr. DAS Program for its entire trip shall The reports must be submitted by 0900 accrue DAS in accordance with hr of the following day. For vessels § 648.82(e)(1). that have declared into the Regular B (G) Restrictions when 100 percent of the DAS Program in accordance with para- incidental catch TAC is harvested. With graph (b)(6)(iv)(C) of this section, the the exception of white hake, when the reports must include at least the fol- Regional Administrator provides noti- lowing information: VTR serial number fication through rulemaking consistent or other universal ID specified by the with the Administrative Procedure Regional Administrator; date fish were Act, that 100 percent of one or more of caught; statistical area fished; and the quarterly incidental TACs specified total pounds of cod, haddock, under paragraph (b)(6)(iii) of this sec- yellowtail flounder, winter flounder, tion has projected to have been har- witch flounder, pollock, American vested, the use of Regular B DAS shall plaice, redfish, Atlantic halibut, and be prohibited in the pertinent stock white hake kept in each statistical

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area (in pounds, live weight), as in- (by weight, on a trip-by-trip basis). structed by the Regional Adminis- This requirement does not apply to trator. Daily reporting must continue regulated species identified by the even if the vessel operator is required Council as not being subject to gear to flip, as described in paragraph performance standards. (b)(6)(iv)(E) of this section. (iii) The Council may recommend to (J) Gear requirement. (1) Vessels fish- the Regional Administrator an addi- ing with trawl gear in the Regular B tion or modification to the gear stand- DAS Program must use the haddock ards specified in paragraph separator trawl or Ruhle trawl, as de- (b)(6)(iv)(J)(2)(i) or (ii) of this section, scribed in paragraphs (a)(3)(iii)(A) and and the Regional Administrator may (b)(6)(iv)(J)(3) of this section, respec- approve the Council’s recommendation tively, or other type of gear if approved in a manner consistent with the Ad- as described in this paragraph ministrative Procedure Act. If the Re- (b)(6)(iv)(J). When the vessel is fishing gional Administrator does not approve under the Regular B DAS Program an addition or modification to the gear other gear may be on board provided it standards as recommended by the is stowed and not available for imme- Council, NMFS must provide a written diate use as defined in § 648.2. rationale to the Council regarding its (2) Approval of additional gear. At the decision not to do so. request of the Council or the Council’s (3) Ruhle Trawl. The Ruhle Trawl is a Executive Committee, the Regional four-seam bottom groundfish trawl de- Administrator may authorize addi- signed to reduce the bycatch of cod tional gear for use in the Regular B while retaining or increasing the catch DAS Program, through notice con- of haddock, when compared to tradi- sistent with the Administrative Proce- tional groundfish trawls. A Ruhle dure Act. The proposed gear must sat- Trawl must be constructed in accord- isfy standards specified in paragraph ance with the standards described and (b)(6)(iv)(J)(2)(i) or (ii) of this section in referenced in this paragraph a completed experiment that has been § 648.85(b)(6)(iv)(J)(3). The mesh size of reviewed according to the standards es- a particular section of the Ruhle Trawl tablished by the Council’s research pol- is measured in accordance with icy before the gear can be considered § 648.80(f)(2), unless insufficient num- and approved by the Regional Adminis- bers of mesh exist, in which case the trator. Comparisons of the criteria maximum total number of meshes in specified in this paragraph the section will be measured (between 2 (b)(6)(iv)(J)(2) will be made to an appro- and 20 meshes). priately selected control gear. (i) The net must be constructed with (i) The gear must show a statistically four seams (i.e., a net with a top and significant reduction in catch of at bottom panel and two side panels), and least 50 percent (by weight, on a trip- include at least the following net sec- by-trip basis) of each regulated species tions as depicted in Figure 1 of this stock of concern, unless otherwise al- part (this figure is also available from lowed in this paragraph the Administrator, Northeast Region): (b)(6)(iv)(J)(2)(i), or other non-ground- Top jib, bottom jib, jib side panels ( × fish stocks that are overfished or sub- 2), top wing, bottom wing, wing side ject to overfishing identified by the panels ( × 2), bunt, square, square side Council. This requirement does not panels ( × 2), first top belly, first bot- apply to regulated species identified by tom belly, first belly side panels ( × 2), the Council as not being subject to and second bottom belly. gear performance standards; or (ii) The top and bottom jibs, jib side (ii) The catch of each regulated spe- panels, top and bottom wings, and wing cies stock of concern, unless otherwise side panels, bunt, and first bottom allowed in this paragraph belly (the first bottom belly and all (b)(6)(iv)(J)(2)(ii), or other non-ground- portions of the net in front of the first fish stocks that are overfished or sub- bottom belly, with the exception of the ject to overfishing identified by the square and the square side panels) Council, must be less than 5 percent of must be at least two meshes long in the total catch of regulated groundfish the fore and aft direction. For these

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net sections, the stretched length of ular B DAS Program and determining any single mesh must be at least 7.9 ft areas applicable to sector allocations (240 cm), measured in a straight line of ACE pursuant to § 648.87(b), is de- from knot to knot. fined as the area bounded on the north (iii) Mesh size in all other sections and west by the coastline of the United must be consistent with mesh size re- States, on the east by the U.S./Cana- quirements specified under § 648.80 and dian maritime boundary, and on the meet the following minimum specifica- south by straight lines connecting the tions: Each mesh in the square, square following points in the order stated: side panels, and second bottom belly must be 31.5 inches (80 cm); each mesh GOM COD STOCK AREA in the first top belly, and first belly Point N. latitude W. longitude side panels must be at least 7.9 inches (20 cm); and 6 inches (15.24 cm) or larg- GOM1 ...... (1) 70°00′ ° ′ ° ′ er in sections following the first top GOM2 ...... 42 20 70 00 GOM3 ...... 42°20′ 67°40′ belly and second bottom belly sections, GOM4 ...... (2) 67°40′ all the way to the codend. The mesh GOM5 ...... (3) 67°40′ size requirements of the top sections GOM6 ...... 43°50′ 67°40′ GOM7 ...... 43°50′ (4) apply to the side panel sections. GOM8 ...... (4) 67°00′ (iv) The trawl must have at least 15 GOM9 ...... (5) 67°00′ meshes (240 cm each) at the wide end of 1 Intersection of the north-facing coastline of Cape Cod, MA, the first bottom belly, excluding the and 70°00′ W. long. 2 U.S./Canada maritime boundary (southern intersection gore. with 67°40′ W. long.). (v) The trawl must have a single or 3 U.S./Canada maritime boundary (northern intersection with 67°40′ W. long.). multiple kite panels with a total sur- 4 U.S./Canada maritime boundary. face area of at least 19.3 sq. ft. (1.8 sq. 5 Intersection of the south-facing ME coastline and 67°00′ m) on the forward end of the square to W. long. help maximize headrope height, for the (B) GB cod stock area. The GB cod purpose of capturing rising fish. A kite stock area, for the purposes of the Reg- panel is a flat structure, usually semi- ular B DAS Program and determining flexible, used to modify the shape of areas applicable to sector allocations trawl and mesh openings by providing of ACE pursuant to § 648.87(b), is the lift when a trawl is moving through the area defined by straight lines con- water. necting the following points in the (4) Mesh size. An eligible vessel fish- order stated: ing in the Regular B DAS Program within the GB Cod Stock Area as de- GB COD STOCK AREA fined in paragraph (b)(6)(v)(B) of this Point N. latitude W. longitude section pursuant to paragraph (b)(6) of this section must use trawl gear de- GB1 ...... (1) 70°00′ scribed in this paragraph (b)(6)(iv)(J) GB2 ...... 42°20′ 70°00′ GB3 ...... 42°20′ (2) with a minimum codend mesh size of 6- GB4 ...... 35°00′ (2) inch (15.24-cm) square or diamond GB5 ...... 35°00′ (3) mesh. 1 Intersection of the north-facing coastline of Cape Cod, MA, (v) Definition of stock areas. The spe- and 70°00′ W. long. 2 U.S./Canada maritime boundary. cies stock areas associated with the in- 3 Intersection of the east-facing coastline of Outer Banks, cidental catch TACs for the Regular B NC, and 35°00′ N. lat. DAS Program are defined in para- (C) CC/GOM yellowtail flounder stock graphs (b)(6)(v)(A) through (K) of this area. For the purposes of the Regular B section. Where specified, these areas DAS Program, the CC/GOM yellowtail also identify stock areas applicable for flounder stock area is the area defined trip limits specified in § 648.86 and for by straight lines connecting the fol- determining areas applicable to sector lowing points in the order stated: allocations of ACE pursuant to § 648.87(b). Copies of a chart depicting CC/GOM YELLOWTAIL FLOUNDER STOCK AREA these areas are available from the Re- gional Administrator upon request. Point N. latitude W. longitude (A) GOM cod stock area. The GOM cod CCGOM 1 ...... 43°00′ (1) stock area, for the purposes of the Reg- CCGOM 2 ...... 43°00′ 70°00′

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CC/GOM YELLOWTAIL FLOUNDER STOCK SNE/MA YELLOWTAIL FLOUNDER STOCK AREA AREA—Continued Point N. latitude W. longitude Point N. latitude W. longitude SNEMA1 ...... 40°00′ 74°00′ ° ′ ° ′ CCGOM 3 ...... 42°30′ 70°00′ SNEMA2 ...... 40 00 72 00 ° ′ ° ′ CCGOM 4 ...... 42°30′ 69°30′ SNEMA3 ...... 40 30 72 00 SNEMA4 ...... 40°30′ 69°30′ CCGOM 5 ...... 41°30′ 69°30′ SNEMA5 ...... 41°10′ 69°30′ CCGOM 6 ...... 41°30′ 69°00′ SNEMA6 ...... 41°10′ 69°50′ ° ′ ° ′ CCGOM 7 ...... 41 00 69 00 SNEMA7 ...... 41°20′ 69°50′ ° ′ ° ′ CCGOM 8 ...... 41 00 69 30 SNEMA8 ...... 41°20′ (1) CCGOM 5 ...... 41°30′ 69°30′ SNEMA9 ...... (2) 70°00′ CCGOM 9 ...... 41°30′ 70°00′ SNEMA10 ...... 41°00′ 70°00′ CCGOM 10 ...... (2) 70°00′ SNEMA11 ...... 41°00′ 70°30′ CCGOM 11 ...... 42°00′ 70°00′ SNEMA12 ...... (3) 70°30′ CCGOM 12 ...... 42°00′ (3) SNEMA13 ...... (4) 72°00′ 5 ° ′ CCGOM 13 ...... 42°00′ (4) SNEMA14 ...... ( ) 72 00 6 ° ′ CCGOM 14 ...... 42°00′ (5) SNEMA15 ...... ( ) 73 00 SNEMA16 ...... 40°30′ 73°00′ 1 Intersection with the NH coastline. SNEMA17 ...... 40°30′ 74°00′ 2 Intersection of the south-facing shoreline of Cape Cod, SNEMA1 ...... 40°00′ 74°00′ MA. 3 Intersection with the east-facing shoreline of Cape Cod, 1 East-facing shoreline of Nantucket, MA. MA. 2 South-facing shoreline of Nantucket, MA. 3 4 Intersection with the west-facing shoreline of Cape Cod, Intersection of the south-facing shoreline of Cape Cod, MA. MA. 4 5 South-facing shoreline of CT. Intersection with the east-facing shoreline of 5 Massachusetts. North-facing shoreline of Long Island, NY. 6 South-facing shoreline of Long Island, NY. (D) American plaice stock area. The (F) SNE/MA winter flounder stock area. American plaice stock area, for the The SNE winter flounder stock area, purposes of the Regular B DAS Pro- for the purposes of the Regular B DAS gram and determining areas applicable Program and identifying stock areas to sector allocations of ACE pursuant for trip limits specified in §§ 648.86 and to § 648.87(b), is the area defined by 648.89 is the area defined by straight straight lines connecting the following lines connecting the following points in points in the order stated: the order stated:

AMERICAN PLAICE STOCK AREA SNE/MA WINTER FLOUNDER STOCK AREA

Point N. latitude W. longitude Point N. latitude W. longitude

AMP1 ...... (1) 67°00′ 1 ...... (1) 70°00′ ° ′ ° ′ AMP2 ...... (2) 67°00′ 2 ...... 42 20 70 00 ° ′ ° ′ AMP3 ...... 43°50′ (2) 3 ...... 42 20 68 50 4 ...... 39°50′ 68°50′ AMP4 ...... 43°50′ 67°40′ 5 ...... 39°50′ 69°00′ 3 ° ′ AMP5 ...... ( ) 67 40 6 ...... 39°00′ 69°00′ 4 ° ′ AMP6 ...... ( ) 67 40 7 ...... 39°00′ (2) AMP7 ...... 42°30′ 67°40′ 8 ...... 35°00′ (2) AMP8 ...... 42°30′ (2) 9 ...... 35°00′ (3) AMP9 ...... 35°00′ (2) 1 Intersection of the north-facing Coastline of Cape Cod, ° ′ 5 AMP10 ...... 35 00 ( ) MA, and 70°00′ W. long. 2 1 ° ′ U.S./Canada maritime boundary. Intersection of south-facing ME coastline and 67 00 W. 3 The intersection of the east-facing coastline of Outer long. Banks, NC, and 35°00′ N. lat. 2 U.S./Canada maritime boundary. 3 U.S./Canada maritime boundary (northern intersection with (G) Witch flounder stock area. The 67°40′ N. lat.). 4 U.S./Canada maritime boundary (southern intersection witch flounder stock area, for the pur- with 67°40′ N. lat.) poses of the Regular B DAS Program 5 Intersection of east-facing coastline of Outer Banks, NC, and 35°00′ N. lat. and determining areas applicable to sector allocations of ACE pursuant to (E) SNE/MA yellowtail flounder stock § 648.87(b), is the area bounded on the area. For the purposes of the Regular B north and west by the coastline of the DAS Program, the SNE/MA stock area United States, bounded on the south is the area bounded on the north, east, and east by a line running east from and south by straight lines connecting the intersection of the east-facing the following points in the order stat- coastline of Outer Banks, NC, at 35°00′ ed: N. lat. to the boundary of the EEZ, and

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running northward to the U.S.-Canada (K) Pollock stock area. The pollock border. stock area, for the purposes of the Reg- (H) GB yellowtail flounder stock area. ular B DAS Program and determining The GB yellowtail flounder stock area, areas applicable to sector allocations for the purposes of the Regular B DAS of ACE pursuant to § 648.87(b), is the Program, identifying stock areas for area defined by straight lines con- trip limits specified in § 648.86, and de- necting the following points in the termining areas applicable to sector al- order stated: locations of ACE pursuant to § 648.87(b), is the area bounded by straight lines POLLOCK STOCK AREA connecting the following points in the order stated: Point N. latitude W. longitude P1 ...... (1) 67°00′ GB YELLOWTAIL FLOUNDER STOCK AREA P2 ...... (2) 67°00′ P3 ...... 43°50′ (2) Point N. latitude W. longitude P4 ...... 43°50′ 67°40′ 3 ° ′ USCA1 ...... 42°20′ 68°50′ P5 ...... ( ) 67 40 4 ° ′ USCA16 ...... 42°20′ (1) P6 ...... ( ) 67 40 USCA5 ...... 39°00′ (1) P7 ...... 42°30′ 67°40′ USCA17 ...... 39°00′ 69°00′ P8 ...... 42°30′ (2) USCA18 ...... 39°50′ 69°00′ P9 ...... 35°00′ (2) USCA2 ...... 39°50′ 68°50′ P10 ...... 35°00′ (5) USCA1 ...... 42°20′ 68°50′ 1 Intersection of south-facing ME coastline and 67°00′ W. 1 U.S./Canada maritime boundary. long. 2 U.S./Canada maritime boundary. (I) GB winter flounder stock area. The 3 U.S./Canada maritime boundary (northern intersection with GB winter flounder stock area, for the 67°40′ N. lat.). 4 U.S./Canada maritime boundary (southern intersection purposes of the Regular B DAS Pro- with 67°40′ N. lat.). gram, identifying stock areas for trip 5 Intersection of east-facing coastline of Outer Banks, NC, ° ′ limits specified in § 648.86, and deter- and 35 00 N. lat. mining areas applicable to sector allo- (vi) Closure of the Regular B DAS Pro- cations of ACE pursuant to § 648.87(b), gram. The Regional Administrator, is the area bounded by straight lines based upon information required under connecting the following points in the §§ 648.7, 648.9, 648.10, or 648.85, and any order stated: other relevant information may, in a manner consistent with the Adminis- GB WINTER FLOUNDER STOCK AREA trative Procedure Act, prohibit the use Point N. latitude W. longitude of Regular B DAS for the duration of a quarter or fishing year, if it is pro- USCA1 ...... 42°20′ 68°50′ jected that continuation of the Regular USCA16 ...... 42°20′ (1) USCA5 ...... 39°00′ (1) B DAS Program would undermine the USCA17 ...... 39°00′ 69°00′ achievement of the objectives of the USCA18 ...... 39°50′ 69°00′ FMP or Regular B DAS Program. Rea- USCA2 ...... 39°50′ 68°50′ sons for terminating the program in- USCA1 ...... 42°20′ 68°50′ clude, but are not limited to the fol- 1 U.S./Canada maritime boundary. lowing: Inability to constrain catches (J) White hake stock area. The white to the Incidental Catch TACs; evidence hake stock area, for the purposes of the of excessive discarding; a significant Regular B DAS Program, identifying difference in flipping rates between ob- stock areas for trip limits specified in served and unobserved trips; or insuffi- § 648.86, and determining areas applica- cient observer coverage to adequately ble to sector allocations of ACE pursu- monitor the program. ant to § 648.87(b), is the area bounded on (7) Eastern U.S./Canada Haddock the north and west by the coastline of SAP—(i) Eligibility. A vessel issued a the United States, bounded on the valid limited access NE multispecies south and east by a line running east permit and fishing with trawl gear as from the intersection of the east-facing specified in paragraph (b)(8)(v)(E) of coastline of Outer Banks, NC, at 35°00′ this section while operating under a N. lat. to the boundary of the EEZ, and NE multispecies DAS or on a sector running northward to the U.S.-Canada trip, provided the sector to which the border. vessel belongs has been allocated ACE

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for all stocks caught within the East- with the no discarding and DAS flip re- ern U.S./Canada Area pursuant to quirements specified in paragraph § 648.87(b)(1)(i), is eligible to participate (b)(8)(v)(I) of this section, and the min- in the Eastern U.S./Canada Haddock imum Category A DAS requirements of SAP and may fish in the Eastern U.S./ paragraph (b)(8)(v)(J) of this section. Canada Haddock SAP Area, as de- (2) A vessel that is declared into the scribed in paragraph (b)(8)(ii) of this Eastern U.S./Canada Haddock SAP de- section, during the season specified in scribed in paragraph (b)(8)(i) of this paragraph (b)(8)(iv) of this section, pro- section may fish, on the same trip, in vided such vessel complies with the re- the Eastern U.S./Canada Haddock SAP quirements of this section and provided Area and in the Closed Area II the SAP is not closed according to the Yellowtail Flounder/Haddock SAP provisions specified in paragraph Area, as described in paragraph (b)(8)(v)(K) or (L) of this section, the (b)(3)(ii) of this section, and, for com- Eastern U.S./Canada Area is not closed mon pool vessels fishing a NE multi- as described under paragraph species DAS, while under either a Cat- (a)(3)(iv)(E) of this section, or the sec- egory A DAS or a Category B DAS. tor to which the vessel belongs no (3) A vessel may choose, on the same longer has ACE available for all stocks trip, to fish in either/both the Eastern caught within the Eastern U.S./Canada U.S./Canada Haddock SAP Program Area pursuant to § 648.87(b)(1)(i). and the Closed Area II Yellowtail (ii) Eastern U.S./Canada Haddock SAP Flounder/Haddock SAP Area, and in Area. The Eastern U.S./Canada Had- the portion of the Eastern U.S./Canada dock SAP Area is the area defined by Area described in paragraph (a)(1)(ii) of straight lines connecting the following this section that lies outside of these points in the order stated: two SAPs, provided a common pool vessel fishes under a Category A DAS EASTERN U.S./CANADA HADDOCK SAP AREA and all eligible vessels comply with the VMS restrictions of paragraph Point N. Lat. W. Long. (b)(8)(v)(D) of this section. Such a ves- CAII3 ...... 42° 22′ 67° 20′ (1) sel may also elect to fish outside of the SAP1 ...... 42° 20′ 67° 20′ Eastern U.S./Canada Area on the same SAP2 ...... 42° 20′ 67° 40′ SAP3 ...... 41° 10′ 67° 40′ trip, in accordance with the restric- SAP4 ...... 41° 10′ 67° 20′ tions of paragraph (a)(3)(ii)(A) of this SAP5 ...... 42° 10′ 67° 20′ section. SAP6 ...... 42° 10′ 67° 10′ CAII3 ...... 42° 22′ 67° 20′ (1) (4) A common pool vessel fishing under a NE multispecies DAS that (1) U.S./Canada maritime boundary. elects to fish in multiple areas, as de- (iii) [Reserved] scribed in this paragraph (b)(8)(v)(A), (iv) Season. An eligible vessel may must fish under the most restrictive fish in the Eastern U.S./Canada Had- DAS counting requirements specified dock SAP from August 1 through De- in § 648.10(e)(5), trip limits, and report- cember 31. ing requirements of the areas fished for (v) Program restrictions—(A) Area and the entire trip. A vessel on a sector DAS use restrictions. A common pool trip that elects to fish in multiple vessel fishing under a NE multispecies areas, as described in this paragraph DAS in the Eastern U.S./Canada Had- (b)(8)(v)(A), must comply with the dock SAP may elect to fish under a most restrictive reporting require- Category A or Category B DAS in ac- ments of the areas fished for the entire cordance with § 648.82(d)(2), or in mul- trip, unless otherwise specified by the tiple areas in accordance with the re- Regional Administrator in a manner strictions of this paragraph (b)(8)(v)(A). consistent with the Administrative A vessel on a sector trip in the Eastern Procedure Act. U.S./Canada Haddock SAP may elect to (B) VMS requirement. A vessel issued a fish in multiple areas in accordance limited access NE multispecies permit with the restrictions of this paragraph fishing in the Eastern U.S./Canada (b)(8)(v)(A). Haddock SAP Program specified in (1) If fishing under a Category B paragraph (b)(8)(i) of this section must DAS, a vessel is required to comply have installed on board an operational

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VMS unit that meets the minimum (2) Approval of additional gear. The performance criteria specified in Regional Administrator may authorize §§ 648.9 and 648.10. additional gear for use in the Eastern (C) Observer notifications. For the pur- U.S./Canada Haddock SAP in accord- pose of selecting vessels for observer ance with the standards and require- deployment, a vessel must provide no- ments specified at § 648.85(b)(6)(iv)(J)(2). tice to NMFS of the vessel name; con- (F) Landing limits. Unless otherwise tact name for coordination of observer restricted under this part, a vessel fish- deployment; telephone number for con- ing any portion of a trip in the Eastern tact; areas to be fished; and date, time, U.S./Canada Haddock SAP under a NE and port of departure at least 48 hours multispecies DAS may not fish for, prior to the beginning of any trip that possess, or land more than 1,000 lb it declares into the Eastern U.S./Can- (453.6 kg) of cod, per trip, regardless of ada Haddock SAP Program specified in trip length. A common pool vessel fish- paragraph (b)(8)(i) of this section, as re- ing in the Eastern U.S./Canada Had- quired under paragraph (b)(8)(v)(D) of dock SAP under a NE multispecies this section, and in accordance with in- DAS is subject to the haddock require- structions provided by the Regional ments described in § 648.86(a), unless Administrator. further restricted under paragraph (D) VMS declaration. To fish in the (a)(3)(iv) of this section. A common Eastern U.S./Canada Haddock SAP, a pool vessel fishing in the Eastern U.S./ vessel issued a limited access NE Canada Haddock SAP may not land multispecies permit must declare into more than 100 lb (45.5 kg) per DAS, or the SAP via VMS and provide informa- any part of a DAS, of GB yellowtail tion on the areas within the Eastern flounder, up to a maximum of 500 lb U.S./Canada Area that it intends to (227 kg) of all flatfish species, com- fish and the type of DAS (Category A, bined. Possession of monkfish (whole Regular B, or Reserve B) that it in- weight) and skates (whole weight) is tends to fish, if operating under the limited to 500 lb (227 kg) each, unless provisions of the common pool, prior to otherwise restricted by § 648.94(b)(3), departure from port, in accordance and possession of lobsters is prohibited. with paragraph (b)(8)(v)(A) of this sec- Possession limits for all other stocks tion and any instructions provided by are as specified in § 648.86. the Regional Administrator. (G) Reporting requirements. The owner (E) Gear requirement—(1) Unless oth- or operator of a vessel declared into erwise specified in this paragraph the Eastern U.S./Canada Haddock SAP, (b)(8)(v)(E)(1), a vessel issued a limited as described in paragraph (b)(8) of this access NE multispecies permit fishing section, must submit reports in accord- in the Eastern U.S./Canada Haddock ance with the reporting requirements SAP must use the haddock separator described in paragraph (a)(3)(v) of this trawl or the Ruhle Trawl, as described section. in paragraphs (a)(3)(iii)(A) and (H) Incidental TACs. The maximum (b)(6)(iv)(J)(3) of this section, respec- amount of GB cod and GB yellowtail tively, or another type of gear, if ap- flounder, both landings and discards, proved as described in this paragraph that may be caught when fishing in the (b)(8)(v)(E). A vessel on a sector trip in Eastern U.S./Canada Haddock SAP the Eastern U.S./Canada Haddock SAP Program in a fishing year by vessels is not restricted to only using the had- fishing under a Category B DAS, as au- dock separator trawl or the Ruhle thorized in paragraph (b)(8)(v)(A) of trawl, but may use any gear authorized this section, is the amount specified in in paragraph (a)(3)(iii) of this section, paragraphs (b)(5)(ii) and (iii) of this unless otherwise restricted by a sector section. All regulated species and operations plan approved pursuant to ocean pout caught by a vessel on a sec- § 648.87(c). Other gear may be on board tor trip will be applied against the ACE the vessel when on a trip in the East- for each stock that is specified for the ern U.S./Canada Haddock SAP, pro- sector in which the vessel participates. vided that the gear is stowed and not (I) No discard provision and DAS flips. available for immediate use as defined A vessel fishing in the Eastern U.S./ in § 648.2. Canada Haddock SAP Program may

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not discard legal-sized regulated or formation required under § 648.7, 648.9, ocean pout unless otherwise required 648.10, or 648.85, and any other relevant due to a prohibition of the possession information may, through rulemaking of such species specified in this part. If consistent with the Administrative a common pool vessel fishing in the Procedure Act, close the Eastern U.S./ Eastern U.S./Canada Haddock SAP Canada Haddock SAP Pilot Program under a Category B DAS exceeds the for the duration of the season, if it is applicable maximum landing limit per determined that continuation of the trip specified in paragraph (b)(8)(v)(F) Eastern U.S./Canada Haddock SAP of this section, or in § 648.86, the vessel Pilot Program would undermine the operator must retain the fish and im- achievement of the objectives of the mediately notify NMFS via VMS to FMP or the Eastern U.S./Canada Had- initiate a DAS flip (from a Category B dock SAP Pilot Program. DAS to a Category A DAS). After flip- (c) Scallop fishery closed area access ping to a Category A DAS, the vessel is program. Limited access scallop vessels subject to all applicable landing limits operating under the Sea Scallop Area specified in § 648.85(a) or § 648.86. If a Access Program, as defined in § 648.59, common pool vessel fishing in this SAP and fishing in accordance with the reg- while under a Category B DAS or a ulations at § 648.60 may possess and Category A DAS exceeds a trip limit land up to 1,000 lb (453.6 kg) of all NE specified in paragraph (b)(8)(v)(F) of multispecies combined, as provided in this section or § 648.86, or other applica- § 648.60(a)(5)(ii), unless otherwise re- ble trip limit, the vessel must imme- stricted in this section. diately exit the SAP area defined in (d) Authorized gear performance stand- paragraph (b)(8)(ii) of this section for ards. Unless otherwise restricted in the remainder of the trip. For a com- this part, in areas and times when a mon pool vessel that notifies NMFS of special management program, as speci- a DAS flip, the Category B DAS that fied in this section, requires the use of have accrued between the time the ves- gear authorized by that program to re- sel started accruing Category B DAS duce catches of stocks of concern, par- and the time the vessel declared its ticipating vessels are restricted to the DAS flip will be accrued as Category A following trip limits: 500 lb (227 kg) of DAS pursuant to § 648.82(e)(1), and not all flatfish species (American plaice, Category B DAS. witch flounder, winter flounder, win- (J) Minimum Category A DAS. To fish dowpane flounder, and GB yellowtail under a Category B DAS, the number flounder), combined; 500 lb (227 kg) of of Category B DAS that can be used on monkfish (whole weight); 500 lb (227 kg) a trip cannot exceed the number of of skates (whole weight); and zero pos- available Category A DAS the vessel session of lobsters, unless otherwise re- has at the start of the trip. stricted by § 648.94(b)(3). (K) Mandatory closure of Eastern U.S./ Canada Haddock SAP. When the Re- [69 FR 22975, Apr. 27, 2004] gional Administrator projects that one EDITORIAL NOTE: For FEDERAL REGISTER ci- or more of the TAC allocations speci- tations affecting § 648.85, see the List of CFR fied in paragraph (b)(8)(v)(H) of this Sections Affected, which appears in the section has been caught by vessels fish- Finding Aids section of the printed volume ing under Category B DAS, NMFS shall and at www.govinfo.gov. prohibit the use of Category B DAS in the Eastern U.S./Canada Haddock SAP, § 648.86 NE Multispecies possession re- strictions. through publication in the FEDERAL REGISTER consistent with the Adminis- Except as provided in § 648.17 or else- trative Procedure Act. In addition, the where in this part, the following pos- closure regulations described in para- session restrictions apply: graph (a)(3)(iv)(E) of this section shall (a) Haddock—(1) NE multispecies com- apply to the Eastern U.S./Canada Had- mon pool vessels. Haddock possession re- dock SAP Program. strictions for such vessels may be im- (L) General closure of the Eastern U.S./ plemented through Regional Adminis- Canada Haddock SAP Area. The Re- trator authority, as specified in para- gional Administrator, based upon in- graph (r) of this section.

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(2) Scallop dredge vessels. (i) No person outside the applicable AM Area and the owning or operating a scallop dredge vessel’s gear is stowed and not avail- vessel issued a NE multispecies permit able for immediate use as defined in may land haddock from, or possess § 648.2 while transiting the AM Area. haddock on board, a scallop dredge ves- Upon this determination, the haddock sel from January 1 through June 30. possession limit is reduced to 0 lb (0 (ii) No person owning or operating a kg) for a vessel issued a Federal Atlan- scallop dredge vessel without an NE tic herring permit and fishing with multispecies permit may possess had- midwater trawl gear or for a vessel dock in, or harvested from, the EEZ issued a Category A or B Herring Per- from January 1 through June 30. mit fishing on a declared herring trip, (iii) Unless otherwise authorized by regardless of area fished or gear used, the Regional Administrator as speci- in the applicable AM area, unless the fied in paragraph (f) of this section, vessel also possesses a NE multispecies scallop dredge vessels or persons own- permit and is operating on a declared ing or operating a scallop dredge vessel (consistent with § 648.10(g)) NE multi- that is fishing under a scallop DAS al- species trip. In making this determina- located under § 648.53 may land or pos- tion, the Regional Administrator shall sess on board up to 300 lb (136.1 kg) of use haddock catches observed by haddock, except as specified in NMFS-certified observers or monitors § 648.88(c), provided that the vessel has by herring vessel trips using midwater at least one standard tote on board. trawl gear in Management Areas 1A, This restriction does not apply to ves- 1B, and/or 3, as defined in § 648.200(f)(1) sels also issued limited access NE and (3), expanded to an estimate of multispecies permits that are fishing total haddock catch for all such trips under a multispecies DAS. Haddock on in a given haddock stock area. board a vessel subject to this posses- (2) Herring GOM Haddock Account- sion limit must be separated from ability Measure Area. The Herring GOM other species of fish and stored so as to Haddock AM Area is defined by the be readily available for inspection. straight lines connecting the following (3)(i) Incidental catch allowance for points in the order stated (copies of a some Atlantic herring vessels. A vessel map depicting the area are available issued a Category A or B Herring Per- from the Regional Administrator upon mit fishing on a declared herring trip, request): regardless of gear or area fished, or a HERRING GOM HADDOCK ACCOUNTABILITY vessel issued a Category C, D, or E Her- MEASURE AREA ring Permit and fishing with midwater trawl gear pursuant to § 648.80(d), may Point N. latitude W. longitude only possess and land haddock, in ac- HGA1 ...... (1) 69°20′ cordance with requirements specified HGA ...... 43°40′ 69°20′ in § 648.80(d) and (e). HGA3 ...... 43°40′ 69°00′ (ii) Haddock incidental catch cap. HGA4 ...... 43°20′ 69°00′ HGA5 ...... 43°20′ (2) (A)(1) Haddock incidental catch cap. HGA6 ...... 42°20′ (3) When the Regional Administrator has HGA7 ...... 42°20′ 70°00′ determined that the incidental catch HGA8 ...... (4) 70°00′ allowance for a given haddock stock, as 1 The intersection of the Maine coastline and 69°20′ W. long. specified in § 648.90(a)(4)(iii)(D), has 2 The intersection of the U.S./Canada maritime boundary been caught, no vessel issued an Atlan- and 43°20′ N. lat. 3 The intersection of the U.S./Canada maritime boundary tic herring permit and fishing with and 42°20′ N. lat. midwater trawl gear in the applicable 4 The intersection of the north-facing shoreline of Cape Cod, ° ′ stock area, i.e., the Herring GOM Had- MA, and 70 00 W. long. dock Accountability Measure (AM) (3) The Herring GB Haddock Account- Area or Herring GB Haddock AM Area, ability Measure Area. The Herring GB as defined in paragraphs (a)(3)(ii)(A)(2) Haddock AM Area is defined by the and (3) of this section, may fish for, straight lines connecting the following possess, or land herring in excess of points in the order stated (copies of a 2,000 lb (907.2 kg) per trip in or from map depicting the area are available that area, unless all herring possessed from the Regional Administrator upon and landed by the vessel were caught request):

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HERRING GB HADDOCK ACCOUNTABILITY stricted under § 648.85, a vessel fishing MEASURE AREA under a NE multispecies DAS permit, including a vessel issued a monkfish Point N. Latitude W. Longitude limited access permit and fishing under 1 ...... 42° 20′ 70° 00′ the monkfish Category C or D permit 2 ...... 42° 20′ (1) provisions, may land up to 800 lb (362.9 3 ...... 40° 30′ (1) 4 ...... 40° 30′ 66° 40′ kg) of cod for each DAS, or part of a 5 ...... 39° 50′ 66° 40′ DAS, up to 4,000 lb (1,818.2 kg) per trip. 6 ...... 39° 50′ 68° 50′ Cod on board a vessel subject to this 7 ...... (2) 68° 50′ 8 ...... 41° 00′ (3) landing limit must be separated from 9 ...... 41° 00′ 69° 30′ other species of fish and stored so as to 10 ...... 41° 10′ 69° 30′ be readily available for inspection. ° ′ ° ′ 11 ...... 41 10 69 50 (2) GB cod landing and maximum pos- 12 ...... 41° 20′ 69° 50′ 13 ...... 41° 20′ (4) session limits. Unless otherwise re- 14 ...... (5) 70° 00′ stricted under § 648.85, a vessel fishing 15 ...... (6) 70° 00′ under a NE multispecies DAS permit, 16 ...... (7) 70° 00′ including a vessel issued a monkfish 1 The intersection of the U.S./Canada maritime boundary. 2 The intersection of the boundary of Closed Area I and 68° limited access permit and fishing under 50′ W. long. the monkfish Category C or D permit 3 The intersection of the boundary of Closed Area I and 41° 00′ N. lat. provisions, may land up to 2,000 lb 4 The intersection of the east-facing shoreline of Nantucket, (907.2 kg) of cod per DAS, or part of a MA, and 41° 20′ N. lat. 5 The intersection of the north-facing shoreline of Nantucket, DAS, up to 20,000 lb (9,072 kg) provided MA, and 70° 00′ W. long. it complies with the requirements 6 The intersection of the south-facing shoreline of Cape Cod, MA, and 70° 00′ W. long. specified in paragraph (b)(4) of this sec- 7 The intersection of the north-facing shoreline of Cape Cod, tion and this paragraph (b)(2). Cod on ° ′ MA, and 70 00 W. long. board a vessel subject to this landing (4) The haddock incidental catch caps limit must be separated from other specified are for the NE multispecies species of fish and stored so as to be fishing year (May 1–April 30), which readily available for inspection. differs from the herring fishing year (3) [Reserved] (January 1–December 31). If the had- (4) Exemption. A common pool vessel dock incidental catch allowance is at- fishing under a NE multispecies DAS is tained by the herring midwater trawl exempt from the landing limit de- fishery for the GOM or GB, as specified scribed in paragraph (b)(1) of this sec- in § 648.90(a)(4)(iii)(D), the 2,000-lb tion when fishing south of the GOM (907.2-kg) limit on herring possession in Regulated Mesh Area, defined in the applicable AM Area, as described in § 648.80(a)(1), provided that it complies paragraph (a)(3)(ii)(A)(2) or (3) of this with the requirement of this paragraph section, shall be in effect until the end (b)(4). of the NE multispecies fishing year. (i) Declaration. With the exception of For example, the 2011 haddock inci- a vessel declared into the U.S./Canada dental catch cap is specified for the pe- Management Area, as described in riod May 1, 2011–April 30, 2012, and the § 648.85(a)(3)(ii), a common pool vessel 2012 haddock catch cap would be speci- that fishes or intends to fish under a fied for the period May 1, 2012–April 30, NE multispecies DAS south of the line 2013. If the catch of haddock by herring described in paragraph (b)(4) of this midwater trawl vessels reached the 2011 section, under the cod trip limits de- incidental catch cap at any time prior scribed in paragraph (b)(2) of this sec- to the end of the NE multispecies fish- tion, must, prior to leaving port, de- ing year (April 30, 2012), the 2,000-lb clare its intention to do so through the (907.2-kg) limit on possession of herring VMS, in accordance with instructions in the applicable AM Area would ex- to be provided by the Regional Admin- tend through April 30, 2012. Beginning istrator. In lieu of a VMS declaration, May 1, 2012, the 2012 catch cap would go the Regional Administrator may au- into effect. thorize such vessels to obtain a letter (B) [Reserved] of authorization. If a letter of author- (b) Cod—(1) GOM cod landing limit. ization is required, such vessel may not Except as provided in paragraph (b)(4) fish north of the exemption area for a of this section, or unless otherwise re- minimum of 7 consecutive days (when

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fishing under the multispecies DAS (d)(1)(iv) of this section, and the net program), and must carry the letter of into which the mesh is incorporated authorization on board. must be available for immediate use. (ii) A common pool vessel exempt (ii) Vessels possessing on board or using from the GOM cod landing limit pursu- nets of mesh size equal to or greater than ant to paragraph (b)(4)(i) of this section 2.5 in (6.35 cm) but less than 3 in (7.62 may not fish north of the line specified cm). An owner or operator of a vessel in paragraph (b)(4) of this section for that is not subject to the possession the duration of the trip, but may tran- limit specified in paragraph (d)(1)(i) of sit the GOM Regulated Mesh Area, pro- this section may possess and land not vided that its gear is stowed and not more than 7,500 lb (3,402 kg) of com- available for immediate use as defined bined silver hake and offshore hake if in § 648.2. A vessel fishing north and either of the following conditions south of the line on the same trip is apply: subject to the most restrictive applica- (A) The mesh size of any net or any ble cod trip limit. part of a net used by or on board the (c) Atlantic halibut. A vessel issued a vessel is equal to or greater than 2.5 NE multispecies permit under inches (6.35 cm) but smaller than 3 § 648.4(a)(1) may land or possess on inches (7.62 cm), as applied to the part board no more than one Atlantic hal- of the net specified in paragraph ibut per trip, provided the vessel com- (d)(1)(iv) of this section, as measured plies with other applicable provisions by methods specified in § 648.80(f); or of this part, unless otherwise specified (B) The mesh size of any net or part in § 648.90(a)(5)(i)(D)(2). of a net on board the vessel not incor- (d) Small-mesh multispecies. (1) Vessels porated into a fully constructed net is issued a valid Federal NE multispecies equal to or greater than 2.5 inches (6.35 permit specified under § 648.4(a)(1) are cm) but smaller than 3 inches (7.62 cm), subject to the following possession lim- as measured by methods specified in its for small-mesh multispecies, which § 648.80(f). ‘‘Incorporated into a fully are based on the mesh size used by, or constructed net’’ means that any mesh on board vessels fishing for, in posses- smaller than 2.5 inches (6.35 cm) that is sion of, or landing small-mesh multi- incorporated into a fully constructed species. net may occur only in the part of the (i) Vessels possessing on board or using net not subject to the mesh size re- nets of mesh size smaller than 2.5 in (6.35 strictions as specified in paragraph cm). Owners or operators of a vessel (d)(1)(iv) of this section, and the net may possess and land not more than into which the mesh is incorporated 3,500 lb (1,588 kg) of combined silver must be available for immediate use. hake and offshore hake, if either of the (iii) Vessels possessing on board or following conditions apply: using nets of mesh size equal to or greater (A) The mesh size of any net or any than 3 in (7.62 cm). An owner or oper- part of a net used by or on board the ator of a vessel that is not subject to vessel is smaller than 2.5 inches (6.35 the possession limits specified in para- cm), as applied to the part of the net graphs (d)(1)(i) and (ii) of this section specified in paragraph (d)(1)(iv) of this may possess and land not more than section, as measured in accordance 30,000 lb (13,608 kg) of combined silver with § 648.80(f); or hake and offshore hake when fishing in (B) The mesh size of any net or part the GOM or GB Exemption Areas, as of a net on board the vessel not incor- described in § 648.80(a), and not more porated into a fully constructed net is than 40,000 lb (18,144 kg) of combined smaller than 2.5 inches (6.35 cm), as silver hake and offshore hake when measured by methods specified in fishing in the SNE or MA Exemption § 648.80(f). ‘‘Incorporated into a fully Areas, as described in § 648.80(b)(10) and constructed net’’ means that any mesh (c)(5), respectively, if both of the fol- smaller than 2.5 inches (6.35 cm) that is lowing conditions apply: incorporated into a fully constructed (A) The mesh size of any net or any net may occur only in the part of the part of a net used by or on board the net not subject to the mesh size re- vessel is equal to or greater than 3 strictions specified in paragraph inches (7.62 cm), as applied to the part

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of the net specified in paragraph the provisions specified in § 648.13(b) are (d)(1)(iv) of this section, as measured subject to a combined silver hake and by methods specified in § 648.80(f); and offshore hake possession limit that is (B) The mesh size of any net or part 500 lb (226.8 kg) less than the possession of a net on board the vessel not incor- limit the vessel otherwise receives. porated into a fully constructed net is This deduction shall be noted on the equal to or greater than 3 inches (7.62 transferring vessel’s letter of author- cm), as measured by methods specified ization from the Regional Adminis- in § 648.80(f). ‘‘Incorporated into a fully trator. constructed net’’ means that any mesh (4) Accountability Measure In-season smaller than 3 inches (7.62 cm) that is adjustment of small-mesh multispecies incorporated into a fully constructed possession limits. If the Regional Admin- net may occur only in the part of the istrator projects that an in-season ad- net not subject to the mesh size re- justment TAL trigger level for any strictions as specified in paragraph small-mesh multispecies stock, as (d)(1)(iv) of this section, and the net specified in § 648.90(b)(5)(iii), has been into which the mesh is incorporated reached or exceeded, the Regional Ad- must be available for immediate use. ministrator shall reduce the possession (iv) Application of mesh size. Counting limit of that stock to the incidental from the terminus of the net, the mesh level for that stock, as specified in this size restrictions specified in paragraphs paragraph (d)(4), for the remainder of (d)(1)(i) through (iii) of this section are the fishing year through notice con- only applicable to the first 100 meshes sistent with the Administrative Proce- (200 bars in the case of square mesh) for dure Act, unless such a reduction in vessels greater than 60 ft (18.3 m) in the possession limit would be expected length, and to the first 50 meshes (100 to prevent the TAL from being bars in the case of square mesh) for reached. vessels 60 ft (18.3 m) or less in length. (i) Red hake. If a possession limit re- Notwithstanding any other provision of duction is needed for a stock area, the this section, the restrictions and condi- incidental possession limit for red hake tions pertaining to mesh size do not in that stock area will be 400 lb (181.44 apply to nets or pieces of net smaller kg) for the remainder of the fishing than 3 ft by 3 ft (0.9 m by 0.9 m), (9 sq year. ft (0.81 sq m)). (ii) Silver hake and offshore hake. If a (v) [Reserved] possession limit reduction is needed for (2) Possession limit for vessels partici- a stock area, the incidental possession pating in the northern shrimp fishery. limit for silver hake and offshore hake, Owners and operators of vessels par- combined, in that stock area will be ticipating in the Small-Mesh Northern 2,000 lb (907 kg) for the remainder of Shrimp Fishery Exemption Area, as de- the fishing year. scribed in § 648.80(a)(3), with a vessel (e) White hake. Unless otherwise re- issued a valid Federal NE multispecies stricted under this part, a common permit specified under § 648.4(a)(1), may pool vessel fishing under a NE multi- possess and land silver hake and off- species DAS, a limited access Handgear shore hake, combined, up to an amount A permit, an open access Handgear B equal to the weight of shrimp on board, permit, or a monkfish limited access not to exceed 3,500 lb (1,588 kg). Silver permit and fishing under the monkfish hake and offshore hake on board a ves- Category C or D permit provisions is sel subject to this possession limit not restricted in the amount of white must be separated from other species of hake the vessel may land per trip dur- fish and stored so as to be readily ing fishing years 2010 and 2011. Starting available for inspection. in fishing year 2012, unless otherwise (3) Possession restriction for vessels restricted under this part, a common electing to transfer small-mesh NE multi- pool vessel fishing under a NE multi- species at sea. Owners and operators of species DAS, a limited access Handgear vessels issued a valid Federal NE A permit, an open access Handgear B multispecies permit and issued a letter permit, or a monkfish limited access of authorization to transfer small-mesh permit and fishing under the monkfish NE multispecies at sea according to Category C or D permit provisions may

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land up to 500 lb (226.8 kg) of white regulated by a daily possession limit hake per DAS, or any part of a DAS, up (i.e., pounds per DAS), as specified at to 2,000 lb (907.2 kg) per trip. § 648.85 or § 648.86, must offload species (f) Calculation of weight of fillets or in excess of the daily landing limit parts of fish. The possession limits de- prior to leaving port on a subsequent scribed under this part are based on the trip. A vessel may retain on board up weight of whole, whole-gutted, or gilled to one day’s worth of such species prior fish. For purposes of determining com- to the start of a subsequent trip. Other pliance with the possession limits spec- species regulated by an overall trip ified in paragraphs (a), (b), or (c) of this limit may be retained on board for a section, the weight of fillets and parts subsequent trip. For example, a vessel of fish, other than whole-gutted or that possesses cod and winter flounder gilled fish, as allowed under § 648.83(a) harvested from Georges Bank is subject and (b), will be multiplied by 3. to a daily possession limit for cod of (g) Yellowtail flounder—(1) CC/GOM 1,000 lb (453 kg)/DAS and an overall trip and SNE/MA yellowtail flounder landing limit of 5,000 lb (2,267 kg)/trip for win- limit. Unless otherwise restricted under ter flounder. In this example, the ves- this part, a common pool vessel fishing sel would be required to offload any cod under a NE multispecies DAS, a lim- harvested in excess of 1,000 lb (453 kg) ited access Handgear A permit, an open (i.e., the vessel may retain up to 1,000 lb access Handgear B permit, or a (453 kg) of Georges Bank cod, but must monkfish limited access permit and offload any additional cod), but may fishing under the monkfish Category C retain on board winter flounder up to or D permit provisions, and fishing ex- the maximum trip limit prior to leav- clusively outside of the U.S./Canada ing port and crossing the VMS Demar- Management Area, as defined in cation Line to begin a subsequent trip. § 648.85(a)(1), may land or possess on (j) GB winter flounder. Unless other- board up to 250 lb (113.6 kg) of wise restricted under this part, a com- yellowtail flounder per DAS, or any mon pool vessel fishing under a NE part of a DAS, up to a maximum pos- multispecies DAS, a limited access session limit of 1,500 lb (680.4 kg) per Handgear A permit, an open access trip. A vessel fishing outside and inside Handgear B permit, or a monkfish lim- of the U.S./Canada Management Area ited access permit and fishing under on the same trip is subject to the more the monkfish Category C or D permit restrictive yellowtail flounder trip provisions and fishing in the U.S./Can- limit (i.e., that specified by this para- ada Management Area defined in graph (g) or § 648.85(a)(3)(iv)(C)). § 648.85(a)(1) is not restricted in the (2) GB yellowtail flounder landing limit. amount of GB winter flounder the ves- Unless otherwise restricted under this sel may land per trip. part, a common pool vessel fishing (k) Other regulated NE multispecies under a NE multispecies DAS, a lim- possession restrictions for some Atlantic ited access Handgear A permit, an open herring vessels. A vessel issued a Cat- access Handgear B permit, or a egory A or B Herring Permit on a de- monkfish limited access permit and clared herring trip, regardless of area fishing under the monkfish Category C fished or gear used, or a vessel issued a or D permit provisions, and fishing in Category C, D, or E Herring Permit and the U.S./Canada Management Area de- fishing with midwater trawl gear pur- fined in § 648.85(a)(1) is subject to the suant to § 648.80(d), may possess and GB yellowtail flounder limit described land haddock, and up to 100 lb (45 kg), in paragraph § 648.85(a)(3)(iv)(c). combined, of other regulated NE. (h) Other possession restrictions. Ves- multispecies, other than haddock, in sels are subject to any other applicable accordance with the requirements in possession limit restrictions of this § 648.80(d) and (e). Such fish may not be part. sold for human consumption. (i) Offloading requirement for vessels (l) Ocean pout, windowpane flounder, possessing species regulated by a daily and Atlantic wolffish. A vessel issued a possession limit. A vessel that has ended limited access NE multispecies permit, a trip as specified in § 648.10(e)(2)(iii) or an open access NE multispecies (h)(5) that possesses on board species Handgear B permit, or a limited access

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monkfish permit and fishing under the mon pool. If the Regional Adminis- monkfish Category C or D permit pro- trator projects that the sub-ACL of any visions may not fish for, possess, or stock allocated to the common pool land ocean pout, windowpane flounder, pursuant to § 648.90(a)(4) will not be or Atlantic wolffish. caught during the fishing year, the Re- (m) Additional possession restrictions— gional Administrator may remove or (1) Daily landing restriction. A vessel adjust, in a manner consistent with the issued a limited access NE multispecies Administrative Procedure Act, a per- permit, an open access NE multispecies DAS possession limit and/or a max- Handgear B permit, or a limited access imum trip limit in order to facilitate monkfish permit and fishing under the harvest and enable the total catch to monkfish Category C or D permit pro- approach, but not exceed, the pertinent visions may only land regulated species sub-ACL allocated to the common pool or ocean pout once in any 24-hr period, for that fishing year. based upon the time the vessel lands [69 FR 22978, Apr. 27, 2004] following the end of the previous trip. For example, if a vessel lands 1,600 lb EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 648.86, see the List of CFR (725.7 kg) of GOM cod at 6 p.m. on Tues- Sections Affected, which appears in the day, that vessel cannot land any more Finding Aids section of the printed volume regulated species or ocean pout until at and at www.govinfo.gov. least 6 p.m. on the following Wednes- day. § 648.87 Sector allocation. (2) Possession limits for vessels fishing (a) Procedure for approving/imple- in multiple areas. If a vessel fishes in menting a sector allocation proposal. (1) more than one stock area on the same Any person may submit a sector allo- trip, as defined in § 648.85(b)(6)(v) or cation proposal for a group of limited § 648.87(b)(1)(ii), the most restrictive access NE multispecies vessels to trip limit for a species applies for the NMFS. The sector allocation proposal entire trip. must be submitted to the Council and (n) Pollock. Unless otherwise re- NMFS in writing by the deadline for stricted under this part, a vessel issued submitting an operations plan and pre- a NE multispecies DAS permit, a lim- liminary sector contract that is speci- ited access Handgear A permit, an open fied in paragraph (b)(2) of this section. access Handgear B permit, or a The proposal must include a cover let- monkfish limited access permit and ter requesting the formation of the new fishing under the monkfish Category C sector, a complete sector operations or D permit provisions, may not pos- plan and preliminary sector contract, sess or land more than 1,000 lb (450 kg) prepared as described in paragraphs of pollock for each DAS or part of a (b)(2) and (b)(3) of this section, and ap- DAS fished, up to 10,000 lb (4,500 kg) per propriate analysis that assesses the im- trip. pact of the proposed sector, in compli- (o) Regional Administrator authority to ance with the National Environmental implement possession limits—(1) Posses- Policy Act. sion restrictions to prevent exceeding com- (2) Upon receipt of a proposal to form mon pool sub-ACLs. If the Regional Ad- a new sector allocation, and following ministrator projects that the catch of the deadline for each sector to submit any NE multispecies stock allocated to an operations plan, as described in common pool vessels pursuant to paragraph (b)(2) of this section, NMFS § 648.90(a)(4) will exceed the pertinent will notify the Council in writing of its sub-ACL, NMFS may implement or ad- intent to consider a new sector alloca- just, at any time prior to or during the tion for approval. The Council will re- fishing year, in a manner consistent view the proposal(s) and associated with the Administrative Procedure NEPA analyses at a Groundfish Com- Act, a per-DAS possession limit and/or mittee and Council meeting, and pro- a maximum trip limit in order to pre- vide its recommendation on the pro- vent exceeding the common pool sub- posed sector allocation to NMFS in ACL in that fishing year. writing. NMFS will make final deter- (2) Possession restrictions to facilitate minations regarding the approval of harvest of sub-ACLs allocated to the com- the new sectors based on review of the

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proposed operations plans, associated (i) TAC allocation—(A) Allocated NEPA analyses, and the Council’s rec- stocks. Each sector shall be allocated a ommendations, and in a manner con- TAC in the form of an ACE for each NE sistent with the Administrative Proce- multispecies stock, with the exception dure Act. NMFS will only approve a of Atlantic halibut, ocean pout, win- new sector that has received the Coun- dowpane flounder (both the GOM/GB cil’s endorsement. and the SNE/MA stocks), and Atlantic (3) Eligibility. Any valid limited ac- wolffish based upon the cumulative cess NE multispecies permit, including PSCs of vessels/permits participating a Handgear A permit and those permits in each sector during a particular fish- held in confirmation of permit history ing year, as described in paragraph pursuant to § 648.4(a)(1)(i)(J) as of May (b)(1)(i)(E) of this section. 1, 2008, is eligible to join a NE multi- (B) Eastern GB stocks—(1) Allocation. species sector, provided the permit Each sector allocated ACE for stocks complies with the restrictions specified managed under the terms of the U.S./ in this section. Any valid limited ac- Canada Resource Sharing Under- cess Category A or B monkfish permit standing in the Eastern U.S./Canada may be eligible to join a NE multispe- Area, as specified in § 648.85(a), shall be cies sector, as described in this section, allocated a specific portion of the ACE pursuant to any measures adopted by a for such stocks that can only be har- future revision to the Monkfish FMP vested from the Eastern U.S./Canada by both the New England and Mid-At- Area, as specified in § 648.85(a)(1). The lantic Fishery Management Councils. ACE specified for the Eastern U.S./Can- Vessels that do not join a sector re- ada Area portions of these stocks shall main subject to the NE multispecies be proportional to the sector’s alloca- regulations for common pool vessels. tion of the overall ACL available to all (4) Minimum size. To be authorized to vessels issued a limited access NE operate as a sector under this section, multispecies permit for these stocks a sector must be comprised of at least pursuant to § 648.90(a)(4). For example, three NE multispecies permits issued if a sector is allocated 10 percent of the to at least three different persons, none GB cod ACL available to all vessels of whom have any common ownership issued a limited access NE multispecies interests in the permits, vessels, or permit, that sector would also be allo- businesses associated with the permits cated and may harvest 10 percent of issued the other two or more persons in that ACE from the Eastern U.S./Can- that sector. Having an ownership inter- ada Area. In this example, if the over- est in a permit includes, but is not lim- all GB cod ACL available to all vessels ited to, persons or entities who are issued a limited access NE multispecies shareholders, officers, or partners in a permit is 1,000 mt, of which 100 mt is corporation owning a permit; who are specified to the Eastern U.S./Canada partners (general or limited) to a per- Area, the sector would be allocated 100 mit owner; who, in any way, partly mt of GB cod, of which no more than 10 own a permit; or who derive any finan- mt could be harvested from the East- cial benefit, or exercises any control ern U.S./Canada Area and no more than over, another permit. As long as at 90 mt could be harvested from the rest least three persons issued a NE multi- of the GB cod stock area. species permit meet these require- (2) Re-allocation of haddock or cod ments, permit owners may have com- ACE. A sector may re-allocate all, or a mon ownership interests in other per- portion, of its haddock or cod ACE mits, vessels, or businesses associated specified to the Eastern U.S./Canada with such permits. Area, pursuant to paragraph (b) General requirements applicable to (b)(1)(i)(B)(1) of this section, to the all approved Sectors. (1) All sectors ap- Western U.S./Canada Area at any time proved under the provisions of para- during the fishing year, and up to 2 graph (a) of this section must submit weeks into the following fishing year the documents specified in paragraphs (i.e., through May 14), unless otherwise (a)(1), (b)(2), and (b)(3) of this section, instructed by NMFS, to cover any and comply with the conditions and re- overages during the previous fishing strictions of this paragraph (b)(1). year. Re-allocation of any ACE only

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becomes effective upon approval by which the carryover may be harvested. NMFS, as specified in paragraphs If this total exceeds the ABC, NMFS (b)(1)(i)(B)(2)(i) through (iii) of this sec- shall adjust the maximum amount of tion. Re-allocation of haddock or cod unused ACE that a sector may carry- ACE may only be made within a sector, over (down from 10 percent) to an and not between sectors. For example, amount equal to the ABC of the fol- if 100 mt of a sector’s GB haddock ACE lowing fishing year. Any adjustments is specified to the Eastern U.S./Canada made would be applied to each sector Area, the sector could re-allocate up to based on its total unused ACE and pro- 100 mt of that ACE to the Western U.S./ portional to the cumulative PSCs of Canada Area. vessels/permits participating in the (i) Application to re-allocate ACE. GB sector for the particular fishing year, haddock or GB cod ACE specified to as described in paragraph (b)(1)(i)(E) of the Eastern U.S./Canada Area may be this section. re-allocated to the Western U.S./Can- (i) Eastern GB Stocks Carryover. Any ada Area through written request to unused ACE allocated for Eastern GB the Regional Administrator. This re- stocks in accordance with paragraph quest must include the name of the (b)(1)(i)(B) of this section shall con- sector, the amount of ACE to be re-al- tribute to the carryover allowance for located, and the fishing year in which each stock, as specified in this para- the ACE re-allocation applies, as in- graph (b)(1)(i)(C)(1), but shall not in- structed by the Regional Adminis- crease individual sector’s allocation of trator. Eastern GB stocks during the following (ii) Approval of request to re-allocate year. ACE. NMFS shall approve or dis- (ii) This carryover ACE remains ef- approve a request to re-allocate GB fective during the subsequent fishing haddock or GB cod ACE provided the year even if vessels that contributed to sector, and its participating vessels, the sector allocation during the pre- are in compliance with the reporting vious fishing year are no longer par- requirements specified in this part. The ticipating in the same sector for the Regional Administrator shall inform subsequent fishing year. the sector in writing, within 2 weeks of (2) Carryover accounting. (i) If the the receipt of the sector’s request, overall ACL for a particular stock is whether the request to re-allocate ACE exceeded, the allowed carryover of a has been approved. particular stock harvested by a sector, (iii) Duration of ACE re-allocation. GB minus the NMFS-specified de minimis haddock or GB cod ACE that has been amount, shall be counted against the re-allocated to the Western U.S./Can- sector’s ACE for purposes of deter- ada Area pursuant to this paragraph mining an overage subject to the AM in (b)(1)(i)(B)(2) is only valid for the fish- paragraph (b)(1)(iii) of this section. ing year in which the re-allocation is (ii) De Minimis Carryover Amount. The approved, with the exception of any re- de minimis carryover amount is one per- quests that are submitted up to 2 cent of the overall sector sub-ACL for weeks into the subsequent fishing year the fishing year in which the carryover to address any potential ACE overages would be harvested. NMFS may change from the previous fishing year, as pro- this de minimis carryover amount for vided in paragraph (b)(1)(iii) of this sec- any fishing year through notice con- tion, unless otherwise instructed by sistent with the Administrative Proce- NMFS. dure Act. The overall de minimis carry- (C) Carryover. (1) With the exception over amount would be applied to each of GB yellowtail flounder, a sector may sector proportional to the cumulative carryover an amount of ACE equal to PSCs of vessels/permits participating 10 percent of its original ACE for each in the sector for the particular fishing stock that is unused at the end of one year, as described in paragraph fishing year into the following fishing (b)(1)(i)(E) of this section. year, provided that the total unused (D) Maximum ACE allocation. There is sector ACE plus the overall ACL for no maximum amount of ACE that can the following fishing year does not ex- be allocated to a particular sector dur- ceed the ABC for the fishing year in ing each fishing year.

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(E) Potential sector contribution (PSC). under a scallop DAS, shall be summed For the purposes of allocating a share for fishing years 1996 through 2006. This of the available ACL for each NE sum shall then be divided by the total multispecies stock to approved sectors landings of each NE multispecies stock pursuant to § 648.90(a)(4), the landings during the same period by all permits history of all limited access NE multi- eligible to join sectors as of May 1, species permits shall be evaluated to 2008. The resulting figure shall then be determine each permit’s share of the multiplied by a factor of 1/PSC of re- overall landings for each NE multispe- maining permits as of June 1 of each cies stock as specified in paragraphs year, unless another date is specified (b)(1)(i)(E)(1) and (2) of this section. by the Regional Administrator, to cal- When calculating an individual per- culate the PSC for each individual mit’s share of the overall landings for a valid limited access NE multispecies particular regulated species or ocean permit for each regulated species or pout stock, landed weight shall be con- ocean pout stock allocated to sectors verted to live weight to maintain con- in the NE multispecies fishery for the sistency with the way ACLs are cal- culated pursuant to § 648.90(a)(4) and following fishing year pursuant to this the way ACEs are allocated to sectors paragraph (b)(1)(i)(E)(1). pursuant to this paragraph (b)(1)(i). (2) Calculation of GB cod PSC. The GB This calculation shall be performed on cod PSC shall be calculated as specified July 1 of each year, unless another in this paragraph (b)(1)(i)(E)(2) and date is specified by the Regional Ad- shall remain with the permit indefi- ministrator, to redistribute the land- nitely regardless whether the vessel ings history associated with permits participates in either the GB Cod Hook that have been voluntarily relin- Gear Sector or the GB Cod Fixed Gear quished or otherwise canceled among Sector, as defined in § 648.87(d)(1) or (2), all remaining valid limited access NE joins a new sector, or fishes pursuant multispecies permits as of that date to the provisions of the common pool. during the following fishing year. The (i) GB cod PSC for permits committed to PSC calculated pursuant to this para- participate in the GB Cod Hook Gear Sec- graph (b)(1)(i)(E) shall remain with the tor or GB Cod Fixed Gear Sector. For permit indefinitely, but may be perma- each owner of a valid NE multispecies nently reduced or eliminated due to a permit, or CPH, that committed to par- permit sanction or other enforcement ticipate in either the GB Cod Hook action. Gear Sector or the GB Cod Fixed Gear (1) Calculation of PSC for all NE multi- Sector as evidenced by a valid author- species stocks except GB cod. Unless oth- ized signature executed on or before erwise specified in paragraph March 1, 2008, on a preliminary roster (b)(1)(i)(E)(2) of this section, for each for either of these sectors, the PSC for valid limited access NE multispecies GB cod shall be equal to the sum of permit, including limited access NE dealer landings of GB cod for fishing multispecies Handgear A permits, land- years 1996 through 2001, divided by the ings recorded in the NMFS dealer data- total landings of GB cod by permits eli- base of each stock of NE multispecies determined by NMFS to be the land- gible to join sectors as of May 1, 2008, ings history associated with that per- during that period. The PSC for all mit while subject to the NE multispe- other regulated species or ocean pout cies regulations based on whether the stocks specified for these permits shall vessel fishing under that permit was be calculated pursuant to paragraph issued a limited access NE multispecies (b)(1)(i)(E)(1) of this section. The PSC permit or subsequently qualified for a calculated pursuant to this paragraph limited access NE multispecies permit (b)(1)(i)(E)(2)(i) shall then be multiplied pursuant to § 648.4(a)(1)(i), including by a factor of 1/PSC of remaining per- regulated species or ocean pout caught mits as of June 1 of each year, unless under a NE multispecies DAS when another date is specified by the Re- participating in the skate or monkfish gional Administrator, to calculate the fisheries, but excluding, for example, GB cod PSC for each permit for the fol- landings by scallop vessels operating lowing fishing year.

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(ii) GB cod PSC for all other permits. trip unless and until it acquires addi- For each owner of a valid NE multispe- tional ACE from another sector pursu- cies permit or CPH that has not com- ant to paragraph (b)(1)(viii) of this sec- mitted to participate in either the GB tion, or as otherwise specified in an ap- Cod Hook Gear Sector or GB Cod Fixed proved operations plan pursuant to Gear Sector, as specified in paragraph paragraph (b)(2)(xiv) of this section. (b)(1)(i)(E)(2)(i) of this section, the GB For the purposes of this paragraph cod PSC for each such permit or CPH (b)(1)(ii), an ACE overage means catch shall be based upon the GB cod PSC of regulated species or ocean pout by available after accounting for the GB vessels participating in a particular cod PSC calculated pursuant to para- sector that exceeds the ACE allocated graph (b)(1)(i)(E)(2)(i) of this section. to that sector, as of the date received To determine the GB cod PSC for each or purchased by the dealer, whichever of these permits, the sum of the indi- occurs first, after considering all ACE vidual permit’s landings of GB cod transfer requests ultimately approved available in the NMFS dealer database by NMFS during the current fishing for fishing years 1996 through 2006 shall year, pursuant to paragraph (b)(1)(viii) be divided by the total landings of GB of this section, unless otherwise speci- cod during that period by the total fied pursuant to § 648.90(a)(5). landings of GB cod by permits eligible (A) CC/GOM Yellowtail Flounder Stock to join sectors as of May 1, 2008, during Area. The CC/GOM Yellowtail Flounder that period, after subtracting the total Stock Area, for the purposes of identi- landings of GB cod by permits that fying stock areas for trip limits speci- committed to participate in either the fied in § 648.86, and for determining GB Cod Hook Sector or GB Cod Fixed areas applicable to sector allocations Gear Sector as of March 1, 2008. This of CC/GOM yellowtail flounder ACE individual share shall then be multi- pursuant to paragraph (b) of this sec- plied by the available GB cod PSC cal- tion, is defined as the area bounded on culated by subtracting the GB cod PSC the north and west by the coastline of allocated pursuant to paragraph the United States, on the east by the (b)(1)(i)(E)(2)(i) of this section from U.S./Canadian maritime boundary, and one. The PSC calculated pursuant to on the south by rhumb lines con- this paragraph (b)(1)(i)(E)(2)(ii) shall necting the following points in the then be multiplied by a factor of 1/PSC order stated: of remaining permits as of July 1 of each year, unless another date is speci- CC/GOM YELLOWTAIL FLOUNDER STOCK AREA fied by the Regional Administrator, to calculate the GB cod PSC for each per- Point N. Latitude W. Longitude mit. 1 ...... (1) ...... 70° 00′ (ii) Areas that can be fished. Vessels in 2 ...... (2) ...... 70° 00′ ° ′ 3 a sector may only fish in a particular 3 ...... 41 20 ...... ( ) 4 ...... 41° 20′ ...... 69° 50′ stock area, as specified in paragraphs 5 ...... 41° 10′ ...... 69° 50′ (b)(1)(ii)(A) through (F) of this section, 6 ...... 41° 10′ ...... 69° 30′ and § 648.85(b)(6)(v), or the Eastern U.S./ 7 ...... 41° 00′ ...... 69° 30′ ° ′ ° ′ Canada Area, as specified in 8 ...... 41 00 ...... 68 50 9 ...... 42° 20′ ...... 68° 50′ § 648.85(a)(1), if the sector has been allo- 10 ...... 42° 20′ ...... (4) cated, or acquires, pursuant to para- 1 Intersection of south-facing coastline of Cape Cod, MA, graph (b)(1)(viii) of this section, ACE and 70° 00′ W. long. for all stocks allocated to sectors pur- 2 Intersection of north-facing coastline of Nantucket, MA, and 70° 00′ W. long. suant to paragraph (b)(1)(i)(A) of this 3 Intersection of east-facing coastline of Nantucket, MA, and section that are caught in that stock 41° 20′ N. lat. 4 area. A sector must project when its U.S./Canada maritime boundary. ACE for each stock will be exceeded (B) SNE/MA Yellowtail Flounder Stock and must ensure that all vessels in the Area. The SNE/MA Yellowtail Flounder sector cease fishing operations prior to Stock Area, for the purposes of identi- exceeding it. Once a sector has har- fying stock areas for trip limits speci- vested its ACE for a stock, all vessels fied in § 648.86, and for determining in that sector must cease fishing oper- areas applicable to sector allocations ations in that stock area on a sector of SNE/MA yellowtail flounder ACE

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pursuant to paragraph (b) of this sec- of identifying stock areas for trip lim- tion, is the area bounded by rhumb its specified in § 648.86 and for deter- lines connecting the following points in mining areas applicable to sector allo- the order stated: cations of GB haddock ACE pursuant to paragraph (b) of this section, is de- SNE/MA YELLOWTAIL FLOUNDER STOCK AREA fined as the area bounded on the west by the coastline of the United States, Point N. Latitude W. Longitude on the south by a line running from the 1 ...... 35° 00′ ...... (1) east-facing coastline of North Carolina 2 ...... 35° 00′ ...... (2) at 35° N. lat. until its intersection with 3 ...... 39° 00′ ...... (2) 4 ...... 39° 00′ ...... 69° 00′ the EEZ, on the east by the U.S./Cana- 5 ...... 39° 50′ ...... 69° 00′ dian maritime boundary, and bounded 7 ...... 39° 50′ ...... 68° 50′ on the north by straight lines con- ° ′ ° ′ 8 ...... 41 00 ...... 68 50 necting the following points in the 9 ...... 41° 00′ ...... 69° 30′ 10 ...... 41° 10′ ...... 69° 30′ order stated: 11 ...... 41° 10′ ...... 69° 50′ 12 ...... 41° 20′ ...... 69° 50′ GB HADDOCK STOCK AREA 13 ...... 41° 20′ ...... (3) 14 ...... (4) ...... 70° 00′ Point N. Latitude W. Longitude 15 ...... (5) ...... 70° 00′ 1 ...... (1) ...... 70° 00′ 1 Intersection of east-facing coastline of Outer Banks, NC, ° ′ ° ′ ° ′ 2 ...... 42 20 ...... 70 00 and 35 00 N. lat. ° ′ 2 2 U.S./Canada maritime boundary. 3 ...... 42 20 ...... ( ) 3 Intersection of east-facing coastline of Nantucket, MA, and 1 ° ′ Intersection of the north-facing coastline of Cape Cod, MA, 41 20 N. lat. and 70° 00′ W. long. 4 Intersection of north-facing coastline of Nantucket, MA, 2 U.S./Canada maritime boundary. and 70° 00′ W. long. 5 Intersection of south-facing coastline of Cape Cod, MA, (E) Redfish Stock Area. The Redfish and 70° 00′ W. long. Stock Area, for the purposes of identi- (C) GOM Haddock Stock Area. The fying stock areas for trip limits speci- GOM Haddock Stock Area, for the pur- fied in § 648.86 and for determining poses of identifying stock areas for trip areas applicable to sector allocations limits specified in § 648.86 and for deter- of redfish ACE pursuant to paragraph mining areas applicable to sector allo- (b) of this section, is defined as the cations of GOM haddock ACE pursuant area bounded on the north and west by to paragraph (b) of this section, is de- the coastline of the United States, on fined as the area bounded on the north the east by the U.S./Canadian maritime and west by the coastline of the United boundary, and bounded on the south by States, on the east by the U.S./Cana- a rhumb line running from the east- dian maritime boundary, and on the facing coastline of North Carolina at south by straight lines connecting the 35° N. lat. until its intersection with following points in the order stated: the EEZ. (F) GOM Winter Flounder Stock Area. GOM HADDOCK STOCK AREA The GOM Winter Flounder Stock Area, Point N. Latitude W. Longitude for the purposes of identifying stock areas for trip limits specified in § 648.86 1 ...... (1) ...... 70° 00′ and for determining areas applicable to 2 ...... 42° 20′ ...... 70° 00′ 3 ...... 42° 20′ ...... 67° 40′ sector allocations of GOM winter floun- 4 ...... (2) ...... 67° 40′ der ACE pursuant to paragraph (b) of 5 ...... (3) ...... 67° 40′ this section, is the area bounded by 6 ...... 43° 50′ ...... 67° 40′ straight lines connecting the following 7 ...... 43° 50′ ...... (4) 8 ...... (4) ...... 67° 00′ points in the order stated: 9 ...... (5) ...... 67° 00′ GOM WINTER FLOUNDER STOCK AREA 1 Intersection of the north-facing coastline of Cape Cod, MA, and 70° 00′ W. long. 2 U.S./Canada maritime boundary southern intersection with 67° 40′ W. long.). Point N. Latitude W. Longitude 3 U.S./Canada maritime boundary northern intersection with 67° 40′ W. long.). 1 ...... (1) 70°00′ 4 U.S./Canada maritime boundary. ° ′ ° ′ 5 Intersection of the south-facing ME coastline and 67° 00′ 2 ...... 42 20 70 00 W. long. 3 ...... 42°20′ 67°40′ 4 ...... (2) 67°40′ (D) GB Haddock Stock Area. The GB 5 ...... (3) 67°40′ Haddock Stock Area, for the purposes 6 ...... 43°50′ 67°40′

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GOM WINTER FLOUNDER STOCK AREA— and common pool vessels have operated Continued within their ACE or sub-ACL limits, a sector’s percentage share shall not be Point N. Latitude W. Longitude changed, but the amount this share represents may be reduced due to re- 7 ...... 43°50′ 4 duced overall ACL for a particular 8 ...... (4) 67°00′ stock. If stock conditions improve, and 9 ...... (5) 67°00′ certain sectors stay within their ACE (1) Intersection of the north-facing coastline while other sectors or the common pool of Cape Cod, MA, and 70°00′ W. long. exceed their respective ACEs or sub- (2) U.S./Canada maritime boundary (south- ACLs, the sectors that stay within ern intersection with 67°40′ N. lat.) their ACEs shall receive a temporary (3) U.S./Canada maritime boundary (north- increase in ACE equal to the amount ern intersection with 67°40′ N. lat.) that other sectors or the common pool (4) U.S./Canada maritime boundary. exceeded their ACE or sub-ACL, di- (5) Intersection of the south-facing ME coast- ° ′ vided among such sectors proportional line and 67 00 W. long. to each sector’s share of the ACL avail- (iii) Sector AMs. At the end of the able to vessels issued a limited access fishing year, NMFS shall evaluate sec- NE multispecies permit. tor catch using VTR, VMS, IVR, and (A) Overage penalty if there is suffi- any other available information to de- cient ACE to cover the overage. If a sec- termine whether a sector has exceeded tor exceeds an ACE allocated to it dur- any of its ACE allocations based upon ing the previous fishing year, but has the cumulative catch by participating sufficient ACE to address the overage permits/vessels, as identified in the pursuant to this paragraph (b)(1)(iii) final operations plan approved by the based upon the cumulative PSCs of Regional Administrator pursuant to participating vessels during the fishing paragraph (c) of this section, and each year following the overage, no overage sector’s share of any overage of the penalty shall be applied to any member overall ACL for any stock caused by permit/vessel that leaves that sector to excessive catch by other sub-compo- fish under the provisions of the com- nents of the fishery pursuant to mon pool or in another sector in the § 648.90(a)(5), if necessary. Should an year following the overage. Any im- ACE allocated to a sector be exceeded pacts to departing member permits/ in a given fishing year, the sector’s vessels may be specified and addressed ACE shall be reduced by the overage on by the sector operations plan and asso- a pound-for-pound basis during the fol- ciated sector contract. lowing fishing year, and the sector, (B) Overage penalty if there is insuffi- each vessel, vessel operator and/or ves- cient ACE to cover an overage. If a sector sel owner participating in the sector exceeds an ACE allocated to it during may be charged, as a result of said the previous fishing year, but disbands overages, jointly and severally for civil in the year following the overage, or penalties and permit sanctions pursu- otherwise does not have sufficient ACE ant to 15 CFR part 904. If an ACE allo- to address the overage pursuant to this cated to a sector is not exceeded in a paragraph (b)(1)(iii) based upon the cu- given fishing year pursuant to this mulative PSCs of permits/vessels par- paragraph (b)(1)(iii), the sector’s ACE ticipating in that sector during the allocation shall not be reduced for the fishing year following the overage, in- following fishing year as a result of an dividual permit holders that partici- overage of an ACE by non-compliant pated in the sector during the fishing sectors or an overage of sub-ACLs allo- year in which the overage occurred cated to common pool vessels, but may shall be responsible for reducing their be reduced if the excessive catch of a DAS/PSC to account for that overage particular stock by other sub-compo- in the subsequent fishing year, as fol- nents of the fishery causes the overall lows: ACL of a particular stock to be exceed- (1) PSC reduction. If a sector disbands ed pursuant to § 648.90(a)(5). If declining following an overage, and the owner of stock conditions result in a need to re- an individual permit joins another sec- duce fishing mortality, and all sectors tor for the subsequent fishing year,

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that permit’s contribution toward the located 10 mt of GB cod ACE, but ACE for the stock for which the over- caught 25 mt during the previous fish- age occurred to the other sector in the ing year (i.e., it exceeded its GB cod subsequent fishing year shall be re- ACE by 15 mt), each permit/vessel that duced by an amount equal to the over- participating in that sector during the age divided by the number of permits/ following fishing year would have its vessels participating in the sector dur- GB cod PSC temporarily reduced to ing the fishing year in which the over- zero during the subsequent fishing age occurred. For example, if a sector year, and that sector would not be able comprised of 10 permits/vessels exceed- to fish on a sector trip in the GB cod ed its GB cod ACE by 10,000 lb (4,536 kg) stock area until it could acquire at during the previous fishing year, but least an additional 5 mt of GB cod ACE later disbands, each permit/vessel that from another sector (i.e., 15 mt over- was in that sector, but then joins an- age—10 mt ACE for the following year other sector during the following fish- = 5 mt overage remaining). ing year shall have its contribution of (C) ACE buffer. At the beginning of GB cod to another sector temporarily each fishing year, NMFS shall withhold reduced by 1,000 lb (453.6 kg) during the 20 percent of a sector’s ACE for each subsequent fishing year for the pur- stock for a period of up to 61 days (i.e., poses of calculating the available GB through June 30), unless otherwise cod ACE allocated to another sector specified by NMFS, to allow time to during that fishing year. process any ACE transfers submitted (2) DAS reduction. If a sector disbands at the end of the fishing year pursuant following an overage and the owner of to paragraph (b)(1)(viii) of this section an individual permit elects to fish and to determine whether the ACE al- under the provisions of the common located to any sector needs to be re- pool during the subsequent fishing duced, or any overage penalties need to year, that permit/vessel’s NE multispe- be applied to individual permits/vessels cies Category A DAS allocation for the in the current fishing year to accom- subsequent fishing year shall be tempo- modate an ACE overage by that sector rarily reduced by an amount propor- during the previous fishing year, as tional to the highest percentage over- specified in paragraph (b)(1)(iii) of this age by that sector of any of the stocks section. NMFS shall not withhold 20 for which an overage occurred. For ex- percent of a sector’s ACE at the begin- ample, if a sector exceeded its GB cod ning of a fishing year in which default ACE by 10 percent and its pollock ACE specifications are in effect, as specified by 15 percent, each permit would re- in § 648.90(a)(3). ceive a 15-percent reduction in its Cat- (iv) Sector enforcement—(A) Sector egory A DAS allocation for the subse- compliance and joint/several liability. Un- quent fishing year if fishing under the less exempted through a letter of au- provisions of the common pool. thorization specified in paragraph (c)(2) (3) Fishing prohibition. If a sector does of this section, each vessel operator not disband following an overage, but and/or vessel owner fishing under an otherwise does not have sufficient ACE approved sector must comply with all to cover an overage based upon the NE multispecies management meas- PSC of participating permits, that sec- ures of this part and other applicable tor’s ACE for the stock for which the law. Each vessel and vessel operator overage occurred shall be temporarily and/or vessel owner participating in a reduced to zero for the following fish- sector must also comply with all appli- ing year, and that sector shall be pro- cable requirements and conditions of hibited from fishing on a sector trip in the operations plan specified in para- the stock area associated with the graph (b)(2) of this section and the let- stock for which the ACE was exceeded ter of authorization issued pursuant to during the following year, unless and paragraph (c)(2) of this section. Pursu- until that sector can acquire sufficient ant to 15 CFR part 904, each sector, per- ACE from another sector to cover the mit/vessel owner, and vessel operator remaining overage from the previous participating in the sector may be fishing year. For example, if a sector charged jointly and severally for viola- comprised of 10 permits/vessels was al- tions of the following sector operations

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plan requirements, which may result in The sector shall summarize trips vali- an assessment of civil penalties and dated by dealer reports; oversee the use permit sanctions: ACE overages, dis- of electronic monitoring equipment carding of legal-sized NE multispecies, and review of associated data; main- and misreporting of catch, including tain a database of VTR, dealer, ob- both landings and discards. For the server, and electronic monitoring re- purposes of enforcement, a sector is a ports; determine all species landings by legal entity that can be subject to stock areas; apply discard estimates to NMFS enforcement action for viola- landings; deduct catch from ACEs allo- tions of the regulations pertaining to cated to sectors; and report sector sectors, as specified in this paragraph catch on a weekly basis to NMFS, as (b)(1)(iv). required in paragraph (b)(1)(vi) of this (B) Commitment to a sector. A permit/ section. Unless otherwise specified in vessel participating in a sector must this paragraph (b)(1)(v), all catches of remain in the sector for the remainder stocks allocated to sectors by vessels of the fishing year. Such permits/ves- on a sector trip shall be deducted from sels cannot fish under both the sector the sector’s ACE for each NE multispe- provisions and the provisions of the cies stock regardless of what the fish- common pool during that same fishing ery the vessel was participating in year for any reason, including, but not when the fish was caught. For the pur- limited to, expulsion from the sector poses of this paragraph (b)(1)(v), any pursuant to enforcement actions or regulated species or ocean pout caught other measures specified in an ap- using gear capable of catching NE proved sector operations plan, vessel multispecies (i.e., gear not listed as ex- replacement, or permit/vessel sale to empted gear under this part) would be another owner. For example, if a per- deducted from a sector’s ACE if such mit/vessel is sold by a sector partici- catch contributed to the specification pant during the fishing year, the new of PSC, as described in owner must comply with the sector § 648.87(b)(1)(i)(E), and would not apply regulations and the conditions of the to another ACL sub-component pursu- sector operations plan, sector contract, ant to § 648.90(a)(4). For example, any or any other binding agreements regulated species or ocean pout landed among participating sector vessels for while fishing for or catching skates or the remainder of the fishing year. If a monkfish pursuant to the regulations permit/vessel has been expelled from a for those fisheries would be deducted sector, the sector must notify NMFS of from the sector’s ACE for each stock such an expulsion immediately. Any because such regulated species or ocean permit/vessel, vessel operator, or vessel pout were caught while also operating owner removed from a sector during a under a NE multispecies DAS. How- specific fishing year consistent with ever, if a sector vessel is issued a lim- sector rules shall not be eligible to fish ited access General Category Atlantic in another sector or under the NE Sea Scallop permit and fishes for scal- multispecies regulations for common lops under the provisions specific to pool vessels specified in this part for that permit, any yellowtail flounder the remainder of that fishing year. For caught by the vessel on such trips the purposes of this paragraph, ‘‘per- would be deducted from the other sub- mit/vessel’’ refers to the fishing and component of the appropriate stock of landings history associated with a par- yellowtail flounder’s ACL specified for ticular permit/vessel enrolled in a spe- the Atlantic Sea Scallop fishery and cific sector at the start of the fishing not from the yellowtail flounder ACE year that was used to calculate the for the sector. PSC for that permit/vessel and con- (A) Discards. A sector vessel may not tribute to the ACE for each stock allo- discard any legal-sized regulated spe- cated to that specific sector. cies or ocean pout allocated to sectors (v) Sector monitoring. Each sector pursuant to paragraph (b)(1)(i) of this shall monitor catch by participating section, unless otherwise required pur- sector vessels to ensure that ACEs are suant to § 648.86(l). Discards of under- not exceeded during the fishing year, sized regulated species or ocean pout as specified in this paragraph (b)(1)(v). by a sector vessel must be reported to

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NMFS consistent with the reporting (b)(1)(v)(B)(1) must provide coverage requirements specified in paragraph that is fair and equitable, and distrib- (b)(1)(vi) of this section. Discards shall uted in a statistically random manner not be included in the information used among all trips such that coverage is to calculate a vessel’s PSC, as de- representative of fishing activities by scribed in § 648.87(b)(1)(i)(E), but shall all vessels within each sector and by be counted against a sector’s ACE for all operations of vessels operating in each NE multispecies stock allocated each sector throughout the fishing to a sector. year. Coverage levels for an at-sea (B) Independent third-party monitoring monitoring program shall be specified program. A sector must develop and im- by NMFS, pursuant to paragraph plement an at-sea or electronic moni- (b)(1)(v)(B)(1)(i) of this section, but toring program that is satisfactory to, shall be less than 100 percent of all sec- and approved by, NMFS for monitoring tor trips. In the event that a NMFS- catch and discards and utilization of sponsored observer and a third-party sector ACE, as specified in this para- at-sea monitor are assigned to the graph (b)(1)(v)(B). The primary goal of same trip, only the NMFS observer the at-sea/electronic monitoring pro- must observe that trip. If either an at- gram is to verify area fished, as well as sea monitor or electronic monitoring is catch and discards by species and gear assigned to a particular trip, a vessel type, in the most cost-effective means may not leave port without the appro- practicable. All other goals and objec- priate at-sea monitor or electronic tives of groundfish monitoring pro- monitoring equipment on board. grams at § 648.11(l) are considered (i) At-sea/electronic monitoring. Cov- equally-weighted secondary goals. The erage levels must be sufficient to at details of any at-sea or electronic mon- least meet the coefficient of variation itoring program must be specified in specified in the Standardized Bycatch the sector’s operations plan, pursuant Reporting Methodology at the overall to paragraph (b)(2)(xi) of this section, stock level for each stock of regulated and must meet the operational stand- species and ocean pout, and to monitor ards specified in paragraph (b)(5) of sector operations, to the extent prac- this section. Electronic monitoring ticable, in order to reliably estimate may be used in place of actual observ- overall catch by sector vessels. In mak- ers if the technology is deemed suffi- ing its determination, NMFS shall take cient by NMFS for a specific trip type into account the primary goal of the based on gear type and area fished, in at-sea/electronic monitoring program a manner consistent with the Adminis- to verify area fished, as well as catch trative Procedure Act. The level of cov- and discards by species and gear type, erage for trips by sector vessels is spec- in the most cost-effective means prac- ified in paragraph (b)(1)(v)(B)(1) of this ticable, the equally-weighted sec- section. The at-sea/electronic moni- ondary goals and objectives of ground- toring program shall be reviewed and fish monitoring programs detailed at approved by the Regional Adminis- § 648.11(l), the National Standards and trator as part of a sector’s operations requirements of the Magnuson-Stevens plans in a manner consistent with the Act, and any other relevant factors. Administrative Procedure Act. A serv- NMFS will determine the total target ice provider providing at-sea or elec- coverage level (i.e., combined NEFOP tronic monitoring services pursuant to coverage and at-sea/electronic moni- this paragraph (b)(1)(v)(B) must meet toring coverage) for the upcoming fish- the service provider standards specified ing year using the criteria in this para- in paragraph (b)(4) of this section, and graph. Annual coverage levels will be be approved by NMFS in a manner con- based on the most recent 3-year aver- sistent with the Administrative Proce- age of the total required coverage level dure Act. necessary to reach the required coeffi- (1) Coverage levels. Except as specified cient of variation for each stock. For in paragraph (b)(1)(v)(B)(1)(i) of this example, if data from the 2012 through section, any service provider providing 2014 fishing years are the most recent at-sea or electronic monitoring serv- three complete fishing years available ices required under this paragraph for the fishing year 2016 projection,

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NMFS will use data from these three sector, as specified in this part, to serv- years to determine 2016 target coverage ice providers offering at-sea moni- levels. For each stock, the coverage toring services. The mechanism and level needed to achieve the required co- timing of the transmission of such hail efficient of variation would be cal- reports must be consistent with in- culated first for each of the 3 years and structions provided by the Regional then averaged (e.g., (percent coverage Administrator for any at-sea or elec- necessary to meet the required coeffi- tronic monitoring program required by cient of variation in year 1 + year 2 + paragraph (b)(1)(v)(B) of this section, year 3)/3). The coverage level that will or specified in the annual sector oper- apply is the maximum stock-specific ations plan, consistent with paragraph rate after considering the following (b)(5) of this section. criteria. For a given fishing year, (3) Notification of service provider stocks that are not overfished, with change. If, for any reason, a sector de- overfishing not occurring according to cides to change approved service pro- the most recent available stock assess- viders used to provide at-sea or elec- ment, and that in the previous fishing tronic monitoring services required in year have less than 75 percent of the this paragraph (b)(1)(v), the sector sector sub-ACL harvested and less than manager must first inform NMFS in 10 percent of catch comprised of dis- writing in advance of the effective date cards, will not be used to predict the of the change in approved service pro- annual target coverage level. A stock viders in conjunction with the submis- must meet all of these criteria to be sion of the next weekly sector catch re- eliminated as a predictor for the an- port specified in paragraph (b)(1)(vi)(B) nual target coverage level for a given of this section. A sector may employ year. more than one service provider at any (ii) A sector vessel that declares its time, provided any service provider intent to exclusively fish using gillnets employed by a sector meets the stand- with a mesh size of 10-inch (25.4-cm) or ards specified in paragraph (b)(4) of greater in either the Inshore GB Stock this section. Area, as defined at § 648.10(k)(3)(ii), and/ (vi) Sector reporting requirements. In or the SNE Broad Stock Area, as de- fined at § 648.10(k)(3)(iv), is not subject addition to the other reporting/record- to the coverage level specified in this keeping requirements specified in this paragraph (b)(1)(v)(B)(1) of this section part, a sector’s vessels must comply provided that the trip is limited to the with the reporting requirements speci- Inshore GB and/or SNE Broad Stock fied in this paragraph (b)(1)(vi). Areas and that the vessel only uses (A) VMS declarations and trip-level gillnets with a mesh size of 10-inches catch reports. Prior to each sector trip, (25.4-cm) or greater. When on such a a sector vessel must declare into broad trip, other gear may be on board pro- stock areas in which the vessel fishes vided that it is stowed and not avail- and submit the VTR serial number as- able for immediate use as defined in sociated with that trip pursuant to § 648.2. A sector trip fishing with 10- § 648.10(k). The sector vessel must also inch (25.4-cm) mesh or larger gillnets submit a VMS catch report detailing will still be subject to the annual cov- regulated species and ocean pout catch erage level if the trip declares its in- by statistical area when fishing in mul- tent to fish in any part of the trip in tiple broad stock areas on the same the GOM Stock area, as defined at trip, pursuant to § 648.10(k). § 648.10(k)(3)(i), or the Offshore GB (B) Weekly catch report. Each sector Stock Area, as defined at must submit weekly reports to NMFS § 648.10(k)(3)(iii). stating the remaining balance of ACE (2) Hail reports. For the purposes of allocated to each sector based upon the at-sea monitoring requirements regulated species and ocean pout land- specified in paragraph (b)(1)(v)(B) of ings and discards of vessels partici- this section, sector vessels must sub- pating in that sector and any compli- mit all hail reports for a sector trip in ance/enforcement concerns. These re- which the NE multispecies catch ap- ports must include at least the fol- plies against the ACE allocated to a lowing information, as instructed by

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the Regional Administrator: Week end- § 648.82(d) and (e), respectively, apply to ing date; species, stock area, gear, each trip by a sector vessel, as applica- number of trips, reported landings ble. For example, if a sector vessel is (landed pounds and live pounds), dis- also issued a limited access monkfish cards (live pounds), total catch (live Category C permit and is required to pounds), status of the sector’s ACE use a NE multispecies DAS concurrent (pounds remaining and percent remain- with a monkfish DAS under this part, ing), and whether this is a new or up- any NE multispecies DAS used by the dated record of sector catch for each sector vessel accrues, as specified in NE multispecies stock allocated to § 648.82(e)(1)(ii) based upon the vessel’s that particular sector; sector enforce- NE multispecies DAS allocation cal- ment issues; and a list of vessels land- culated pursuant to § 648.82(d)(1)(iv)(B). ing for that reporting week. These (B) Availability of ACE. Notwith- weekly catch reports must be sub- standing the requirements in para- mitted no later than 0700 hr on the sec- graph (b)(1)(vii)(A) of this section, if a ond Monday after the reporting week, sector has not been allocated or does as defined in this part. The frequency not acquire sufficient ACE available to of these reports must be increased to cover the catch of a particular stock of more than a weekly submission when NE multispecies while participating in the balance of remaining ACE is low, another fishery in which such catch as specified in the sector operations would apply to the ACE allocated to a plan and approved by NMFS. If re- sector, vessels participating in that quested, sectors must provide detailed sector cannot participate in those trip-by-trip catch data to NMFS for other fisheries unless NMFS has ap- the purposes of auditing sector catch proved a sector operations plan that monitoring data based upon guidance ensures that regulated species or ocean provided by the Regional Adminis- pout will not be caught while partici- trator. pating in these other fisheries. (C) Year-end report. An approved sec- (viii) ACE transfers. All or a portion tor must submit an annual year-end re- of a sector’s ACE for any NE multispe- port to NMFS and the Council, no later cies stock may be transferred to an- than 60 days after the end of the fish- other sector at any time during the ing year, that summarizes the fishing fishing year and up to 2 weeks into the activities of participating permits/ves- following fishing year (i.e., through sels, which must include at least the May 14), unless otherwise instructed by following information: Catch, includ- NMFS, to cover any overages during ing landings and discards, of all species the previous fishing year. A sector is by sector vessels; the permit number of not required to transfer ACE to an- each sector vessel that fished for regu- other sector. An ACE transfer only be- lated species or ocean pout; the number comes effective upon approval by of vessels that fished for non-regulated NMFS, as specified in paragraph species or ocean pout; the method used (b)(1)(viii)(B) of this section. to estimate discards by sector vessels; (A) Application to transfer ACE. ACE the landing port used by sector vessels; may be transferred from one sector to enforcement actions; and other rel- another through written request to the evant information required to evaluate Regional Administrator. This request the biological, economic, and social must include the name of the sectors impacts of sectors and their fishing op- involved, the amount of each ACE to be erations consistent with confiden- transferred, the fishing year in which tiality requirements of applicable law. the ACE transfer applies, and the (vii) Interaction with other fisheries— amount of compensation received for (A) Use of DAS. A sector vessel must any ACE transferred, as instructed by comply with all measures specified for the Regional Administrator. another fishery pursuant to this part, (B) Approval of an ACE transfer re- including any requirement to use a NE quest. NMFS shall approve/disapprove a multispecies DAS. If the regulations of request to transfer ACE based upon another fishery require the use of a NE compliance by each sector and its par- multispecies DAS, the DAS allocation ticipating vessels with the reporting and accrual provisions specified in requirements specified in this part. The

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Regional Administrator shall inform the operations plan specified in this both sectors in writing whether the paragraph (b)(2) and the letter of au- ACE transfer request has been ap- thorization issued pursuant to para- proved within 2 weeks of the receipt of graph (c)(2) of this section. It shall be the ACE transfer request. unlawful to violate any such conditions (C) Duration of transfer. Notwith- and requirements unless such condi- standing ACE carried over into the tions or restrictions are identified in next fishing year pursuant to para- an approved operations plan as admin- graph (b)(1)(i)(C) of this section, ACE istrative only. If a proposed sector does transferred pursuant to this paragraph not comply with the requirements of (b)(1)(viii) is only valid for the fishing this paragraph (b)(2), NMFS may de- year in which the transfer is approved, cline to propose for approval such sec- with the exception of ACE transfer re- tor operations plans, even if the Coun- quests that are submitted up to 2 cil has approved such sector. At least weeks into the subsequent fishing year the following elements must be con- to address any potential ACE overages tained in either the final operations from the previous fishing year, as pro- plan or sector contract submitted to vided in paragraph (b)(1)(iii) of this sec- NMFS: tion, unless otherwise instructed by (i) A list of all parties, vessels, and NMFS. vessel owners who will participate in (ix) Trip limits. With the exception of the sector; stocks listed in § 648.86(1) and the At- (ii) A list of all Federal and state per- lantic halibut trip limit at § 648.86(c), a mits held by persons participating in sector vessel is not limited in the the sector, including an indication for amount of allocated NE multispecies each permit whether it is enrolled and stocks that can be harvested on a par- will actively fish in a sector, or will be ticular fishing trip, unless otherwise subject to the provisions of the com- specified in the operations plan. mon pool; (2) Operations plan and sector contract. (iii) A contract signed by all sector To be approved to operate, each sector must submit an operations plan and participants indicating their agree- preliminary sector contract to the Re- ment to abide by the operations plan; gional Administrator no later than (iv) The name of a designated rep- September 1 prior to the fishing year in resentative or agent of the sector for which the sector intends to begin oper- service of process; ations, unless otherwise instructed by (v) If applicable, a plan for consolida- NMFS. A final roster, sector contract, tion or redistribution of ACE detailing and list of Federal and state permits the quantity and duration of such con- held by participating vessels for each solidation or redistribution within the sector must be submitted by December sector; 1 prior to the fishing year in which the (vi) A list of the specific management sector intends to begin operations, un- rules the sector participants will agree less otherwise instructed by NMFS. to abide by in order to avoid exceeding The operations plan may cover a 1- or the allocated ACE for each stock, in- 2-year period, provided the analysis re- cluding a plan of operations or ces- quired in paragraph (b)(3) of this sec- sation of operations once the ACEs of tion is sufficient to assess the impacts one or more stocks are harvested and of sector operations during the 2-year detailed plans for enforcement of the period and that sector membership, or sector rules; any other parameter that may affect (vii) A plan that defines the proce- sector operations during the second dures by which members of the sector year of the approved operations plan, that do not abide by the rules of the does not differ to the point where the sector will be disciplined or removed impacts analyzed by the supporting from the sector, and a procedure for NEPA document are compromised. notifying NMFS of such expulsions Each vessel and vessel operator and/or from the sector; vessel owner participating in a sector (viii) If applicable, a plan of how the must agree to and comply with all ap- ACE allocated to the sector is assigned plicable requirements and conditions of to each vessel;

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(ix) If the operations plan is incon- pursuant to paragraph (c)(2) of this sec- sistent with, or outside the scope of the tion. NEPA analysis associated with the sec- (3) NEPA analysis. In addition to the tor proposal/framework adjustment as documents required by paragraphs specified in paragraph (a)(1) of this sec- (a)(1) and (b)(2) of this section, before tion, a supplemental NEPA analysis NMFS can approve a sector to operate may be required with the operations during a particular fishing year, each plan; sector must develop and submit to (x) Detailed information about over- NMFS, in conjunction with the yearly age penalties or other actions that will operations plan and sector contract, an be taken if a sector exceeds its ACE for appropriate NEPA analysis assessing any stock; the impacts of forming the sector and (xi) Detailed plans for the monitoring operating under the measures described and reporting of landings and discards in the sector operations plan. by sector participants, including, but (4) Independent third-party monitoring not limited to, detailed information de- provider standards. Any service provider scribing the sector’s at-sea/electronic intending to provide at-sea/electronic monitoring program for monitoring monitoring services described in para- utilization of ACE allocated to that graph (b)(1)(v) of this section must sector; identification of the inde- apply to and be approved/certified by pendent third-party service providers NMFS in a manner consistent with the employed by the sector to provide at- Administrative Procedure Act. NMFS sea/electronic monitoring services; the shall approve/certify service providers mechanism and timing of any hail re- and/or at-sea monitors as eligible to ports; a list of specific ports where par- provide sector monitoring services ticipating vessels will land fish, with specified in this part and can dis- specific exemptions noted for safety, approve/decertify service providers and/ weather, etc., allowed, provided the or individual monitors through notice sector provides reasonable notification in writing to individual service pro- to NMFS concerning a deviation from viders/monitors if the following cri- the listed ports; and any other infor- teria are no longer being met: mation about such a program required by NMFS; (i) Service provider information. As (xii) ACE thresholds that may trigger part of the application for service pro- revisions to sector operations to ensure vider approval/certification, potential allocated ACE is not exceeded, and de- service providers must include at least tails regarding the sector’s plans for the following information: notifying NMFS once the specified (A) Identification of corporate struc- ACE threshold has been reached; ture, including the names and duties of (xiii) Identification of any potential controlling interests in the company redirection of effort into other fish- such as owners, board members, au- eries expected as a result of sector op- thorized agents, and staff; and articles erations, and, if necessary, proposed of incorporation, or a partnership limitations to eliminate any adverse agreement, as appropriate; effects expected from such redirection (B) Contact information for official of effort; correspondence and communication (xiv) If applicable, description of how with any other office; regulated species and ocean pout will (C) A statement, signed under pen- be avoided while participating in other alty of perjury, from each owner, board fisheries that have a bycatch of regu- member, and officer that they are free lated species or ocean pout if the sector from a conflict of interest with fishing- does not have sufficient ACE for stocks related parties including, but not lim- of regulated species or ocean pout ited to, vessels, dealers, shipping com- caught as bycatch in those fisheries, as panies, sectors, sector managers, advo- specified in paragraph (b)(1)(vii)(B) of cacy groups, or research institutions this section; and and will not accept, directly or indi- (xv) A list of existing regulations rectly, any gratuity, gift, favor, enter- that the sector is requesting exemption tainment, loan, or anything of mone- from during the following fishing year tary value from such parties;

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(D) A statement, signed under pen- (A) A service provider must establish alty of perjury, from each owner, board and carry out a comprehensive plan to member, and officer describing any deploy NMFS-certified at-sea mon- criminal convictions, Federal con- itors, or other at-sea monitoring mech- tracts they have had, and the perform- anism, such as electronic monitoring ance rating they received on the con- equipment that is approved by NMFS, tract, and previous decertification ac- according to a prescribed coverage tion while working as an observer or level (or level of precision for catch es- observer service provider; timation), as specified by NMFS, in- (E) A description of any prior experi- cluding all of the necessary vessel re- ence the applicant may have in placing porting/notice requirements to facili- individuals in remote field and/or ma- tate such deployment, as follows: rine work environments including, but (1) A service provider must be avail- not limited to, recruiting, hiring, de- able to industry 24 hr per day, 7 days ployment, and personnel administra- per week, with the telephone system tion; monitored a minimum of four times (F) A description of the applicant’s daily to ensure rapid response to indus- ability to carry out the responsibilities try requests; and duties of a sector monitoring/re- (2) A service provider must be able to porting service provider and the ar- deploy at-sea monitors, or other ap- rangements to be used, including proved at-sea monitoring mechanism whether the service provider is able to to all ports in which service is required offer at-sea monitoring services; by sectors, or a subset of ports as part of a contract with a particular sector; (G) Evidence of adequate insurance (3) A service provider must report at- (copies of which shall be provided to sea monitors and other approved at-sea the vessel owner, operator, or vessel monitoring mechanism deployments to manager, when requested) to cover in- NMFS and the sector manager in a jury, liability, and accidental death to timely manner to determine whether cover at-sea monitors (including dur- the predetermined coverage levels are ing training); vessel owner; and service being achieved for the appropriate sec- provider. NMFS will determine the tor; adequate level of insurance and notify (4) A service provider must assign at- potential service providers; sea monitors and other approved at-sea (H) Proof of benefits and personnel monitoring mechanisms without re- services provided in accordance with gard to any preference by the sector the terms of each monitor’s contract or manager or representatives of vessels employment status; other than when the service is needed (I) Proof that the service provider’s and the availability of approved/cer- at-sea monitors have passed an ade- tified monitors and other at-sea moni- quate training course sponsored by the toring mechanisms; service providers to the extent not (5) A service provider’s at-sea mon- funded by NMFS that is consistent itor assignment must be fair, equi- with the curriculum used in the cur- table, representative of fishing activi- rent yearly NEFOP training course, ties within each sector, and able to unless otherwise specified by NMFS; monitor fishing activity throughout (J) An Emergency Action Plan de- the fishing year; scribing the provider’s response to an (6) For service providers offering emergency with an at-sea monitor, in- catch estimation or at-sea monitoring cluding, but not limited to, personal services, a service provider must be injury, death, harassment, or intimida- able to determine an estimate of dis- tion; and cards for each trip and provide such in- (K) Evidence that the company is in formation to the sector manager and good financial standing; NMFS, as appropriate and as required (ii) Service provider performance re- by this section; quirements. At-sea monitoring service (B) The service provider must ensure providers must be able to document that at-sea monitors remain available compliance with the following criteria to NMFS, including NMFS Office for and requirements: Law Enforcement, for debriefing for at

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least 2 weeks following any monitored aged under Federal regulations, a serv- trip/offload; ice provider must not have a direct or (C) The service provider must report indirect interest in a fishery managed possible at-sea monitor harassment; under Federal regulations, including, discrimination; concerns about vessel but not limited to, fishing vessels, safety or marine casualty; injury; and dealers, shipping companies, sectors, any information, allegations, or re- sector managers, advocacy groups, or ports regarding at-sea monitor conflict research institutions and may not so- of interest or breach of the standards licit or accept, directly or indirectly, of behavior to NMFS and/or the sector any gratuity, gift, favor, entertain- manager, as specified by NMFS; ment, loan, or anything of monetary (D) The service provider must submit value from anyone who conducts fish- to NMFS, if requested, a copy of each ing or fishing-related activities that signed and valid contract (including all are regulated by NMFS, or who has in- attachments, appendices, addendums, terests that may be substantially af- and exhibits incorporated into the con- fected by the performance or non- tract) between the service provider and performance of the official duties of those entities requiring services (i.e., service providers; sectors and participating vessels) and (H) A system to record, retain, and between the service provider and spe- distribute the following information to cific dockside, roving, or at-sea mon- NMFS, as requested, for a period speci- itors; fied by NMFS, including: (E) The service provider must submit (1) At-sea monitor and other ap- to NMFS, if requested, copies of any in- proved monitoring equipment deploy- formation developed and used by the ment levels, including the number of service providers distributed to vessels, refusals and reasons for such refusals; such as informational pamphlets, pay- (2) Incident/non-compliance reports ment notification, description of du- (e.g., failure to offload catch); and ties, etc.; (3) Hail reports, landings records, and (F) A service provider may refuse to other associated interactions with ves- deploy an at-sea monitor or other ap- sels and dealers. proved at-sea monitoring mechanism (I) A means to protect the confiden- on a requesting fishing vessel for any tiality and privacy of data submitted reason including, but not limited to, by vessels, as required by the Magnu- the following: son-Stevens Act; and (1) If the service provider does not (J) A service provider must be able to have an available at-sea monitor or supply at-sea monitors with sufficient other at-sea monitoring mechanism ap- safety and data-gathering equipment, proved by NMFS within the advanced as specified by NMFS. notice requirements established by the (iii) Standards for individual at-sea service provider; monitors. For an individual to be ap- (2) If the service provider is not given proved/certified as an at-sea monitor, adequate notice of vessel departure or the service provider must demonstrate landing from the sector manager or that each potential monitor meets the participating vessels, as specified by following criteria: the service provider; (A) A high school diploma or legal (3) For the purposes of at-sea moni- equivalent; toring, if the service provider has de- (B) Successful completion of all termined that the requesting vessel is NMFS-required training and briefings inadequate or unsafe pursuant to the before deployment; reasons described in § 600.746; and (C) Physical and mental capacity for (4) Failure to pay for previous de- carrying out the responsibilities of an ployments of at-sea monitors, or other at-sea monitor on board fishing vessels, approved at-sea monitoring mecha- pursuant to standards established by nism. NMFS such as being certified by a phy- (G) With the exception of a service sician to be physically fit to work as provider offering reporting, dockside, an at-sea monitor after consideration and/or at-sea monitoring services to of at least the following work-related participants of another fishery man- issues:

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(1) Susceptibility to chronic motion (iii) Reporting/recordkeeping require- sickness; ments—(A) Vessel requirements. In addi- (2) Ability to live in confined quar- tion to all other reporting/record- ters; keeping requirements specified in this (3) Ability to tolerate stress; part, to facilitate the deployment of (4) Ability to lift and carry heavy ob- at-sea monitors and electronic moni- jects up to 50 lb (22.7 kg); toring equipment pursuant to para- (5) Ability to drag heavy objects up graph (b)(1)(v)(B)(1) of this section, the to 200 lb (90.7 kg); and operator of a vessel fishing on a sector (6) Ability to climb a ladder. trip must provide at-sea/electronic (D) A current Red Cross (or equiva- monitoring service providers with at lent) CPR/first aid certification; least the following information: The (E) Absence of fisheries-related con- vessel name, permit number, trip ID victions, based upon a thorough back- number in the form of the VTR serial ground check; and number of the first VTR page for that (F) Independence from fishing-related trip or another trip identifier specified parties including, but not limited to, by NMFS, whether a monkfish DAS vessels, dealers, shipping companies, will be used, and an estimate of the sectors, sector managers, advocacy date/time of departure in advance of groups, or research institutions to pre- each trip. The timing of such notice vent conflicts of interest. shall be sufficient to allow ample time (5) At-sea/electronic monitoring oper- for the service provider to determine ational standards. In addition to the whether an at-sea monitor or elec- independent third-party monitoring tronic monitoring equipment will be provider standards specified in para- deployed on each trip and allow the at- graph (b)(4) of this section, any at-sea/ sea monitor or electronic monitoring electronic monitoring program devel- equipment to prepare for the trip and oped as part of a sector’s yearly oper- get to port, or to be installed on the ations plan pursuant to paragraph vessel, respectively. The details of the (b)(1)(v)(B) of this section must meet timing, method (e.g., phone, email, the following operational standards to etc.), and information needed for such be approved by NMFS: pre-trip notifications shall be included (i) Gear. Each at-sea monitor must be as part of a sector’s yearly operations provided with all of the equipment plan. If a vessel has been informed by a specified by the Northeast Fisheries service provider that an at-sea monitor At-sea Monitoring Program. A list of or electronic monitoring equipment such equipment is available from the has been assigned to a particular trip Northeast Fisheries Science Center pursuant to paragraph (b)(5)(iii)(B)(1) upon request. At-sea/electronic moni- of this section, the vessel may not toring service providers are responsible leave port to begin that trip until the for the cost of providing such gear to at-sea monitor has arrived and boarded at-sea monitors to the extent not fund- the vessel, or the electronic monitoring ed by NMFS. This gear shall be in- equipment has been properly installed. spected by NMFS upon the completion (B) At-sea/electronic monitoring service of training required pursuant to para- provider requirements—(1) Confirmation graph (b)(4)(i)(I) of this section. of pre-trip notification. Upon receipt of a (ii) Vessel selection protocol. An at-sea/ pre-trip notification pursuant to para- electronic monitoring program service graph (b)(5)(iii)(A) of this section, the provider must develop a formal vessel- service provider shall inform the vessel selection protocol to deploy at-sea operator whether the vessel will be monitors and electronic monitoring monitored by an at-sea observer or equipment in a statistically random electronic monitoring equipment for manner consistent with the coverage that trip, or will be issued an at-sea/ levels required pursuant to paragraph electronic monitoring waiver for that (b)(1)(v)(B)(1) of this section. This pro- trip based upon the vessel selection tocol must include a method to allow protocol specified in paragraph for waivers in specific circumstances, (b)(5)(ii) of this section. including how waivers would be re- (2) At-sea/electronic monitoring report. quested, assessed, and recorded. A report detailing area fished and the

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amount of each species kept and dis- ter of authorization to each vessel op- carded shall be submitted electroni- erator and/or vessel owner partici- cally in a standard acceptable form to pating in the sector. The letter of au- the appropriate sector and NMFS with- thorization shall authorize participa- in 48 hr of the completion of the trip, tion in the sector operations and may as instructed by the Regional Adminis- exempt participating vessels from any trator. The data elements to be col- Federal fishing regulation imple- lected and the format for submission menting the NE multispecies FMP, ex- shall be specified by NMFS and distrib- cept those specified in paragraphs uted to all approved at-sea/electronic (c)(2)(i) and (ii) of this section, in order monitoring service providers and sec- to allow vessels to fish in accordance tors. At-sea/electronic monitoring data with an approved operations plan, pro- shall not be accepted until such data vided such exemptions are consistent pass automated NMFS data quality with the goals and objectives of the checks. FMP. The letter of authorization may (iv) Safety hazards—(A)Vessel require- also include requirements and condi- ments. The operator of a sector vessel tions deemed necessary to ensure effec- must detail and identify any safety tive administration of, and compliance hazards to any at-sea monitor assigned with, the operations plan and the sec- pursuant to paragraph (b)(5)(iii)(B)(1) tor allocation. Solicitation of public of this section prior to leaving port. A comment on, and NMFS final deter- vessel cannot begin a trip if it has mination on such exemptions shall be failed a review of safety issues pursu- consistent with paragraphs (c)(1) and ant to paragraph (b)(5)(iv)(B) of this (2) of this section. section, until the identified safety defi- ciency has been resolved, pursuant to (i) Regulations that may not be exempt- § 600.746(i). ed for sector participants. The Regional (B) At-sea/electronic monitoring service Administrator may not exempt partici- provider requirements. An at-sea mon- pants in a sector from the following itor must complete a pre-trip vessel Federal fishing regulations: Specific safety checklist provided by NMFS be- times and areas within the NE multi- fore an at-sea monitor can leave port species year-round closure areas; per- onboard a vessel on a sector trip. If the mitting restrictions (e.g., vessel up- vessel fails a review of safety issues grades, etc.); gear restrictions designed pursuant to this paragraph (b)(5)(iv)(B), to minimize habitat impacts (e.g., roll- an at-sea monitor cannot be deployed er gear restrictions, etc.); reporting re- on that vessel for that trip. quirements; and AMs specified in (v) Adjustment to operational stand- § 648.90(a)(5)(i)(D). For the purposes of ards. The at-sea/electronic monitoring this paragraph (c)(2)(i), the DAS re- operational standards specified in para- porting requirements specified in graph (b)(5) of this section may be re- § 648.82, the SAP-specific reporting re- vised by the Regional Administrator in quirements specified in § 648.85, VMS a manner consistent with the Adminis- requirements for Handgear A category trative Procedure Act. permitted vessels as specified in (c) Approval of a sector and granting of § 648.10, and the reporting requirements exemptions by the Regional Adminis- associated with a dockside monitoring trator. (1) Once the Regional Adminis- program are not considered reporting trator has made a preliminary deter- requirements, and the Regional Admin- mination that the documents sub- istrator may exempt sector partici- mitted pursuant to paragraphs (a)(1), pants from these requirements as part (b)(2), and (b)(3) of this section appear of the approval of yearly operations to comply with the requirements of plans. For the purpose of this para- this section, NMFS may consult with graph (c)(2)(i), the Regional Adminis- the Council and approve or disapprove trator may not grant sector partici- sector operations consistent with the pants exemptions from the NE multi- Administrative Procedure Act and species year-round closures areas de- other applicable law. fined as Habitat Management Areas as (2) If a sector is approved, the Re- defined in § 648.370; Closed Area I North gional Administrator shall issue a let- and Closed Area II, as defined in

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§ 648.81(c)(3) and (4), respectively, dur- jectives of the FMP. Withdrawal of ap- ing the period February 16 through proval of a sector may only be done in April 30; and the Western GOM Closure a manner consistent with the Adminis- Area, as defined at § 648.81(a)(4), where trative Procedure Act and other appli- it overlaps with GOM Cod Protection cable law. Closures I through III, as defined in (4) Any sector may submit a written § 648.81(d)(4). This list may be modified request to amend its approved oper- through a framework adjustment, as ations plan to the Regional Adminis- specified in § 648.90. trator. If the amendment is adminis- (A) Fippennies Ledge Area. The trative in nature, within the scope of Fippennies Ledge Area is bounded by and consistent with the actions and the following coordinates, connected impacts previously considered for cur- by straight lines in the order listed: rent sector operations, the Regional Administrator may approve an admin- FIPPENNIES LEDGE AREA istrative amendment in writing. The Regional Administrator may approve Point N. latitude W. longitude substantive changes to an approved op- 1 ...... 42°50.0′ 69°17.0′ erations plan in a manner consistent 2 ...... 42°44.0′ 69°14.0′ with the Administrative Procedure Act 3 ...... 42°44.0′ 69°18.0′ 4 ...... 42°50.0′ 69°21.0′ and other applicable law. All approved 1 ...... 42°50.0′ 69°17.0′ operations plan amendments will be published on the regional office Web (B) [Reserved] site and will be provided to the Coun- (ii) Universal sector exemptions. All cil. sector vessels are exempt from the fol- (d) Approved sector allocation pro- lowing Federal fishing regulations posals. Eligible NE multispecies ves- under this part: sels, as specified in paragraph (a)(3) of (A) Trip limits on NE multispecies this section, may participate in the stocks for which a sector receives an sectors identified in paragraphs (d)(1) allocation of ACE pursuant to para- through (26) of this section, provided graph (b)(1)(i) of this section (i.e., all the operations plan is approved by the stocks except Atlantic halibut, ocean Regional Administrator in accordance pout, windowpane flounder, and Atlan- with paragraph (c) of this section and tic wolffish); each participating vessel and vessel op- (B) The GOM Cod Protection Closures erator and/or vessel owner complies IV and V specified in § 648.81(d)(4)(iv) with the requirements of the oper- and (v). ations plan, the requirements and con- (C) NE multispecies DAS restrictions ditions specified in the letter of au- other than those required to comply thorization issued pursuant to para- with effort controls in other fisheries, graph (c) of this section, and all other as specified in §§ 648.92 and 648.322; and requirements specified in this section. (D) The minimum codend mesh size All operational aspects of these sectors restrictions for trawl gear specified in shall be specified pursuant to the oper- § 648.80(a)(4)(i) when using a haddock ations plan and sector contract, as re- separator trawl defined in quired by this section. § 648.85(a)(3)(iii) or the Ruhle trawl de- (1) GB Cod Hook Sector. fined in § 648.85(b)(6)(iv)(J)(3) within the (2) GB Cod Fixed Gear Sector. GB RMA, as defined in § 648.80(a)(2), (3) Mooncusser Sector. provided sector vessels use a codend (4) Sustainable Harvest Sector. with 6-inch (15.2-cm) minimum mesh. (5) Sustainable Harvest Sector II. (3) The Regional Administrator may (6) Sustainable Harvest Sector III. withdraw approval of a sector, after (7) Port Clyde Community Ground- consultation with the Council, at any fish Sector. time, if it is determined that sector (8) Northeast Fishery Sector I. participants are not complying with (9) Northeast Fishery Sector II. the requirements of an approved oper- (10) Northeast Fishery Sector III. ations plan or that the continuation of (11) Northeast Fishery Sector IV. the operations plan will undermine (12) Northeast Fishery Sector V. achievement of fishing mortality ob- (13) Northeast Fishery Sector VI.

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(14) Northeast Fishery Sector VII. NMFS, and that said performance re- (15) Northeast Fishery Sector VIII. port must include, at a minimum, the (16) Northeast Fishery Sector IX. following elements: (17) Northeast Fishery Sector X. (A) A comprehensive listing of all (18) Northeast Fishery Sector XI. permits held by the state-operated per- (19) Northeast Fishery Sector XII. mit bank, identifying whether a permit (20) Northeast Fishery Sector XIII. was used for ACE transfers to sectors (21) Tristate Sector. (including DAS leases to the sector (22) Northeast Coastal Communities members) or DAS leases to common Sector. pool vessels, the total amount of ACE, (23) State of Maine Permit Banking by stock, and DAS available to the Sector. state-operated permit bank for trans- (24) State of Rhode Island Permit fers and leases to sectors and common- Bank Sector. pool vessels; (25) State of New Hampshire Permit (B) A comprehensive listing of all Bank Sector. sectors to which ACE was transferred (26) State of Massachusetts Permit from the state-operated permit bank, Bank Sector. including the amount, by stock, of ACE (e) State-operated permit bank. A state- transferred to each sector, including a operated permit bank must meet and is list of all vessels that harvested the subject to the following requirements ACE transferred to the sector and the and conditions: amounts harvested; (1) The state-operated permit bank (C) A comprehensive listing of all must be initially established using a sector vessels to which DAS were Federal grant award from NOAA leased from the state-operated permit through a valid Memorandum of Agree- bank, including the number of DAS ment (MOA) with NMFS and the state leased to each sector vessel; and must maintain and comply with such MOA. The MOA must contain and the (D) A comprehensive listing of all state must comply with at least the common pool vessels to which DAS following requirements and conditions: were leased from the state-operated (i) The state may not associate a permit bank, including the number of state-operated permit bank permit DAS leased to each common pool ves- with a vessel engaged in any fishing or sel. other on-the-water activities; (2) Eligibility. If a state is issued a (ii) The state must establish the min- permit that meets sector eligibility re- imum eligibility criteria to determine quirements, as defined in paragraph whether a sector and its associated ves- (a)(3) of this section, such permit may sels are qualified to receive either ACE be held by a state-operated permit or DAS from the state-operated permit bank. bank; (3) Allocation and utilization of ACE— (iii) The state must identify a pro- (i) Allocation of ACE. The amount of gram contact person for the state agen- ACE allocated to a state-operated per- cy administering the state-operated mit bank shall be derived from the per- permit bank; mits appropriately declared by the (iv) The state must provide to NMFS state to be ‘‘ACE permits,’’ pursuant to a list of all permits held by the state paragraph (e)(1)(i)(v) of this section, for under the aegis of the state-operated the fishing year and allocated on a permit bank, and declare which per- stock-by-stock basis pursuant to para- mits will be used in the coming fishing graph (b)(1)(i) of this section. year for exclusively DAS leasing to (ii) Acquiring ACE. Except as provided common pool vessels and which per- in this paragraph, a state-operated per- mits are to be used exclusively for mit bank may not acquire ACE for a transferring ACE to sectors (including fishing year through a transfer from a the leasing of DAS to sector vessels for sector. If ACE is transferred to a sector the purpose of complying with the re- from a state-operated permit bank, quirements of other FMPs); and NMFS may authorize the return of the (v) The state must prepare and sub- unused portion of such ACE (up to the mit an annual performance report to total originally transferred) to the

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state-operated permit bank upon writ- ports shall include at a minimum and ten agreement by both parties. The to the extent that the information does state-operated permit bank may then not conflict with any regulations re- redistribute the available ACE to an- garding the protection of personal and/ other qualifying sector during that or proprietary information, all ele- fishing year. ments listed in paragraph (e)(1)(v) of (iii) Transferring ACE. Subject to the this section. terms and conditions of the state-oper- (6) Use of additional funds. If addi- ated permit bank’s MOAs with NMFS, tional funds from any source become as well as ACE transfer restrictions de- available to a state-operated permit scribed in paragraph (b)(1)(viii) of this bank, the state-operated permit bank section, a state-operated permit bank may not allocate or transfer any ACE may transfer ACE, on a stock-by-stock that may be associated with any new basis, to other state-operated permit permit purchased with those funds, banks. until the state-operated permit bank (iv) Reallocation of GB haddock or GB provides the Council the opportunity cod ACE. Subject to the terms and con- to review the implications of the ex- ditions of the state-operated permit panded state-operated permit bank to bank’s MOAs with NMFS, a state-oper- the goals and objectives of the NE ated permit bank may re-allocate all, Multispecies FMP. or a portion, of its GB haddock or GB (7) Violation of the terms and conditions cod ACE specified for the Eastern U.S./ applicable to a state-operated permit Canada Area to the Western U.S./Can- bank. If a state or state-operated per- ada Area provided it complies with the mit bank violates or fails to comply requirements in paragraph with any of the requirements and con- (b)(1)(i)(B)(2) of this section. ditions specified in this section or in (4) Allocation and utilization of days- the MOA referenced in paragraph (e)(1) at-sea—(i) Allocation of DAS. The num- of this section, the state or state-oper- ber of DAS available for a state-oper- ated permit bank is subject to the ac- ated permit bank to provide to sector tions and penalties specified in or common pool vessels shall be the ac- § 648.4(n) or the MOA. cumulated NE Multispecies Category A [75 FR 18338, 18374, Apr. 9, 2010, as amended at DAS assigned to the fishing vessel per- 76 FR 23072, Apr. 25, 2011; 76 FR 42586, July 19, mits held by the state and appro- 2011; 77 FR 16497, Mar. 23, 2012; 77 FR 26125, priately declared by the state pursuant May 2, 2012; 78 FR 26160, 26208, May 3, 2013; 78 to paragraph (e)(1)(v) of this section to FR 53367, Sept. 30, 2013; 79 FR 22447, Apr. 22, 2014; 79 FR 36436, June 27, 2014; 80 FR 25141, be either ‘‘ACE permits’’ or ‘‘common May 1, 2015; 81 FR 26450, May 2, 2016; 82 FR pool permits’’ for that fishing year, 18715, Apr. 21, 2017; 83 FR 15274, Apr. 9, 2018; consistent with the terms of the state’s 84 FR 17926, Apr. 26, 2019; 84 FR 34815, July 19, permit bank MOA. 2019] (ii) Acquiring DAS. A state-operated permit bank may not acquire DAS § 648.88 Multispecies open access per- through a lease from a vessel permit mit restrictions. (including permits held by other state- (a) Handgear permit. A vessel issued a operated permit banks), as described in valid open access NE multispecies § 684.82(k). If a vessel leases DAS from a Handgear permit is subject to the fol- state-operated permit bank, NMFS lowing restrictions: may authorize the return of the unused (1) The vessel may possess and land portion of such DAS to the state-oper- up to 75 lb (90.7 kg) of cod, and up to ated permit bank upon written agree- the landing and possession limit re- ment by both parties, provided none of strictions for other NE multispecies the DAS had been used. The state-oper- specified in § 648.86, provided the vessel ated permit bank may then redis- complies with the restrictions specified tribute the available DAS to another in paragraph (a)(2) of this section. If ei- vessel during the same fishing year. ther the GOM or GB cod trip limit ap- (5) Annual report. A state-operated plicable to a vessel fishing under a NE permit bank shall report to the Council multispecies DAS permit, as specified annually on the performance of the in § 648.86(b)(1) and (2), respectively, is state-operated permit bank. Such re- adjusted by NMFS, the cod trip limit

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specified in this paragraph (a)(1) shall fish for, possess, or land haddock from be adjusted proportionally (rounded up January 1 through June 30, as specified to the nearest 25 lb (11.3 kg)). For ex- under § 648.86(a)(2)(i), and provided that ample, if the GOM cod trip limit speci- the amount of regulated NE multispe- fied at § 648.86(b)(1) doubled, then the cies on board the vessel does not exceed cod trip limit for the Handgear B cat- any of the pertinent trip limits speci- egory fishing in the GOM Regulated fied under § 648.86, and provided the ves- Mesh Area would also double to 150 lb sel has at least one standard tote on (68 kg). board. A vessel fishing in the Sea Scal- (2) Restrictions: (i) The vessel may not lop Access Areas as specified in use or possess on board gear other than § 648.59(b) through (d) is subject to the handgear while in possession of, fishing possession limits specified in for, or landing NE multispecies, and § 648.60(a)(5)(ii). must have at least one standard tote (d) Non-regulated NE multispecies per- on board; mit. A vessel issued a valid open access (ii) The vessel may not fish for, pos- non-regulated NE multispecies permit sess, or land regulated species from may possess and land one Atlantic hal- March 1 through March 20 of each year; ibut and unlimited amounts of the and other non-regulated NE multispecies, (iii) The vessel, if fishing with tub- unless otherwise restricted by § 648.86. trawl gear, may not fish with more The vessel is subject to restrictions on than a maximum of 250 hooks. gear, area, and time of fishing specified (iv) Declaration. To fish for GB cod in § 648.80 and any other applicable pro- south of the GOM Regulated Mesh visions of this part. Area, as defined at § 648.80(a)(1), a ves- [69 FR 22983, Apr. 27, 2004, as amended at 69 sel owner or operator must obtain, and FR 63481, Nov. 2, 2004; 71 FR 62195, Oct. 23, retain on board, a letter of authoriza- 2006; 75 FR 18348, Apr. 9, 2010; 76 FR 23075, tion from the Regional Administrator Apr. 25, 2011; 77 FR 19143, Mar. 30, 2012; 79 FR declaring an intent to fish south of the 52580, Sept. 4, 2014; 79 FR 67375, Nov. 13, 2014; GOM Regulated Mesh Area, and may 80 FR 25141, May 1, 2015] not fish in any other area for a min- imum of 7 consecutive days from the § 648.89 Recreational and charter/ effective date of the letter of author- party vessel restrictions. ization. Such a vessel may transit the (a) Recreational gear restrictions. Per- GOM Regulated Mesh Area, provided sons aboard charter/party vessels per- that their gear is stowed and not avail- mitted under this part and not fishing able for immediate use as defined in under the DAS program or under the § 648.2. restrictions and conditions of an ap- (b) Charter/party permit. A vessel that proved sector operations plan, as speci- has been issued a valid open access NE fied in § 648.87(c), and recreational fish- multispecies charter/party permit is ing vessels in the EEZ, are prohibited subject to the additional restrictions from fishing with more than one line on gear, recreational minimum fish per angler, and all other gear on board sizes, possession limits, and prohibi- must be stowed and not available for tions on sale specified in § 648.89, and immediate use as defined in § 648.2. any other applicable provisions of this (b) Recreational minimum fish sizes—(1) part. Minimum fish sizes. Unless further re- (c) Scallop NE multispecies possession stricted under this section, persons limit permit. With the exception of ves- aboard charter or party boats per- sels fishing in the Sea Scallop Access mitted under this part and not fishing Areas as specified in § 648.59(b) through under the NE multispecies DAS pro- (d), a vessel that has been issued a gram or under the restrictions and con- valid open access scallop NE multispe- ditions of an approved sector oper- cies possession limit permit may pos- ations plan, and private recreational sess and land up to 300 lb (136.1 kg) of fishing vessels may not possess fish in regulated NE multispecies when fishing or from the EEZ that are smaller than under a scallop DAS allocated under the minimum fish sizes, measured in § 648.53, provided the vessel does not total length, as follows:

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TABLE 1 TO PARAGRAPH (b)(1)

Minimum size Species Inches cm

Cod: Inside GOM Regulated Mesh Area 1 ...... 21 53.3 Outside GOM Regulated Mesh Area 1 ...... 21 53.3 Haddock: Inside GOM Regulated Mesh Area 1 ...... 17 43.2 Outside GOM Regulated Mesh Area 1 ...... 18 45.7 Pollock ...... 19 48.3 Witch Flounder (gray sole) ...... 14 35.6 Yellowtail Flounder ...... 13 33.0 American Plaice (dab) ...... 14 35.6 Atlantic Halibut ...... 41 104.1 Winter Flounder (black back) ...... 12 30.5 Redfish ...... 9 22.9 1 GOM Regulated Mesh Area specified in § 648.80(a).

(2) Exceptions—(i) Fillet size. Vessels requirements. The skin must be contig- may possess fillets less than the min- uous and must allow ready identifica- imum size specified, if the fillets are tion of the fish species. taken from legal-sized fish and are not (c) Possession Restrictions—(1) Private offered or intended for sale, trade or recreational vessels. Persons aboard pri- barter. vate recreational fishing vessels during (ii) Transiting. Vessels in possession the open season listed in the column ti- of cod or haddock caught outside the tled ‘‘Open Season’’ in Table 2 to this GOM Regulated Mesh Area specified in paragraph (c), may not possess more § 648.80(a)(1) may transit this area with fish in or from the EEZ than the cod and haddock that meet the min- amount listed in the column titled imum size specified for fish caught out- side the GOM Regulated Mesh Area ‘‘Possession Limit’’ in Table 2 to this specified in § 648.80(b)(1), provided all paragraph (c). bait and hooks are removed from fish- (i) Closed season. Persons aboard pri- ing rods, and any cod and haddock on vate recreational fishing vessels may board has been gutted and stored. not possess species, as specified in the (3) Fillets. Fish fillets, or parts of fish, column titled ‘‘Species’’ in Table 2 to must have at least 2 square inches (5.1 paragraph (c), in or from the EEZ dur- square cm) of skin on while possessed ing that species closed season as speci- on board a vessel and at the time of fied in the column titled ‘‘Closed Sea- landing in order to meet minimum size son’’ in Table 2 to paragraph (c).

TABLE 2 TO PARAGRAPH (c)

Stock Open season Possession limit Closed season

GB Cod ...... All Year ...... 10 ...... N/A. GOM Cod ...... September 15–30, April 1–14 ...... 1 ...... April 15–September 14, October 1–March 31. GB Haddock ...... All Year ...... Unlimited ...... N/A. GOM Haddock ...... May 1–February 28 (or 29), April 15 ...... March 1–March 31. 1–30. GB Yellowtail Flounder ...... All Year ...... Unlimited ...... N/A. SNE/MA Yellowtail Flounder ...... All Year ...... Unlimited ...... N/A. CC/GOM Yellowtail Flounder ...... All Year ...... Unlimited ...... N/A. American Plaice ...... All Year ...... Unlimited ...... N/A. Witch Flounder ...... All Year ...... Unlimited ...... N/A. GB Winter Flounder ...... All Year ...... Unlimited ...... N/A. GOM Winter Flounder ...... All Year ...... Unlimited ...... N/A. SNE/MA Winter Flounder ...... All Year ...... Unlimited ...... N/A. Redfish ...... All Year ...... Unlimited ...... N/A. White Hake ...... All Year ...... Unlimited ...... N/A. Pollock ...... All Year ...... Unlimited ...... N/A. N Windowpane Flounder ...... Closed ...... No retention ...... All Year. S Windowpane Flounder ...... Closed ...... No retention ...... All Year.

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TABLE 2 TO PARAGRAPH (c)—Continued

Stock Open season Possession limit Closed season

Ocean Pout ...... Closed ...... No retention ...... All Year.

Atlantic Halibut ...... See paragraph (c)(3) of this section

Atlantic Wolffish ...... Closed ...... No retention ...... All Year.

(ii) [Reserved] paragraph (c), may not possess more (2) Charter or Party Boats. Persons fish in or from the EEZ than the aboard party or charter boats during amount listed in the column titled the open season listed in the column ti- ‘‘Possession Limit’’ in Table 3 to this tled ‘‘Open Season’’ in Table 3 to this paragraph (c).

TABLE 3 TO PARAGRAPH (c)

Species Open season Possession limit Closed season

GB Cod ...... All Year ...... 10 ...... N/A. GOM Cod ...... September 8–October 7, April 1– 1 ...... April 15–September 7, October 8– 14. March 31. GB Haddock ...... All Year ...... Unlimited ...... N/A. GOM Haddock ...... May 1–February 28 (or 29), April 15 ...... March 1–March 31. 1–30. GB Yellowtail Flounder ...... All Year ...... Unlimited ...... N/A. SNE/MA Yellowtail Flounder ...... All Year ...... Unlimited ...... N/A. CC/GOM Yellowtail Flounder ...... All Year ...... Unlimited ...... N/A. American Plaice ...... All Year ...... Unlimited ...... N/A. Witch Flounder ...... All Year ...... Unlimited ...... N/A. GB Winter Flounder ...... All Year ...... Unlimited ...... N/A. GOM Winter Flounder ...... All Year ...... Unlimited ...... N/A. SNE/MA Winter Flounder ...... All Year ...... Unlimited ...... N/A. Redfish ...... All Year ...... Unlimited ...... N/A. White Hake ...... All Year ...... Unlimited ...... N/A. Pollock ...... All Year ...... Unlimited ...... N/A. N Windowpane Flounder ...... Closed ...... No retention ...... All Year. S Windowpane Flounder ...... Closed ...... No retention ...... All Year. Ocean Pout ...... Closed ...... No retention ...... All Year.

Atlantic Halibut ...... See Paragraph (c)(3) of this section

Atlantic Wolffish ...... Closed ...... No retention ...... All Year.

(3) Atlantic halibut. Vessels permitted private recreational fishing vessels and under this part, and recreational fish- charter or party boats, if fish are ing vessels fishing in the EEZ, may not filleted, fillets will be converted to possess more than one Atlantic halibut whole fish by dividing the number of on board the vessel. fillets by two. If fish are filleted into a (4) Accounting of daily possession limit. single (butterfly) fillet, such fillet shall For the purposes of determining the be deemed to be from one whole fish. per day trip limit for cod and haddock (6) Application of daily possession limit. for private recreational fishing vessels Compliance with the daily possession and charter or party boats, any trip in limit for cod and haddock harvested by excess of 15 hours and covering 2 con- party, charter, and private recreational secutive calendar days will be consid- fishing vessels, in or from the EEZ, ered more than 1 day. Similarly, any with more than one person aboard, will trip in excess of 39 hours and covering be determined by dividing the number 3 consecutive calendar days will be of fish on board by the number of per- considered more than 2 days and, so on, sons on board. If there is a violation of in a similar fashion. the daily possession limit on board a (5) Fillet conversion. For purposes of vessel carrying more than one person counting fish for cod and haddock for the violation shall be deemed to have

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been committed by the owner or oper- these letters of authorization, the ves- ator of the vessel. sel owner must agree to the following: (7) Storage. Cod and haddock must be (i) The letter of authorization must stored so as to be readily available for be carried on board the vessel during inspection. the period of participation; (d) Restrictions on sale. It is unlawful (ii) Fish species managed by the to sell, barter, trade, or otherwise NEFMC or MAFMC that are harvested transfer for a commercial purpose, or or possessed by the vessel, are not sold to attempt to sell, barter, trade, or or intended for trade, barter or sale, re- otherwise transfer for a commercial gardless of where the fish are caught; purpose, NE multispecies caught in or (iii) The vessel has no gear other landed from the EEZ by recreational, than rod and reel or handline gear on charter, or party vessels permitted board; and under this part not fishing under a (iv) For the GOM charter/party DAS, on a sector trip, or under a closed area exemption only, the vessel Handgear A permit, Handgear B per- may not fish on a sector trip, under a mit, or Small Vessel Category C per- NE multispecies DAS, or under the pro- mit. visions of the NE multispecies Small (e) Charter/party vessel restrictions on Vessel Category or Handgear A or Handgear B permit categories, as speci- fishing in GOM closed areas and the Nan- fied at § 648.82, during the period of par- tucket Lightship Closed Area—(1) GOM ticipation. closed areas. (i) A vessel fishing under (f) Recreational fishery AM—(1) Catch charter/party regulations may not fish evaluation. As soon as recreational in the GOM closed areas specified in catch data are available for the entire § 648.81(a)(3) and (4) and (d)(4) during previous fishing year, the Regional Ad- the time periods specified in those ministrator will evaluate whether rec- paragraphs, unless the vessel has on reational catches exceed any of the board a valid letter of authorization sub-ACLs specified for the recreational issued by the Regional Administrator fishery pursuant to § 648.90(a)(4). When pursuant to § 648.81(d)(5)(v) and para- evaluating recreational catch, the graph (e)(3) of this section. The condi- components of recreational catch that tions and restrictions of the letter of are used shall be the same as those authorization must be complied with used in the most recent assessment for for a minimum of 3 months if the ves- that particular stock. To determine if sel fishes or intends to fish in the GOM any sub-ACL specified for the rec- cod protection closures; or for the rest reational fishery was exceeded, the Re- of the fishing year, beginning with the gional Administrator shall compare start of the participation period of the the 3-year average of recreational letter of authorization, if the vessel catch to the 3-year average of the rec- fishes or intends to fish in the year- reational sub-ACL for each stock. round GOM closure areas. (2) Reactive AM adjustment. If it is de- (ii) A vessel fishing under charter/ termined that any recreational sub- party regulations may not fish in the ACL was exceeded, as specified in para- GOM Cod Spawning Protection Area graph (f)(1) of this section, the Re- specified at § 648.81(b)(3) during the gional Administrator, after consulta- time period specified in that para- tion with the NEFMC, shall develop graph, unless the vessel complies with measures necessary to prevent the rec- the requirements specified at reational fishery from exceeding the § 648.81(b)(2)(iii). appropriate sub-ACL in future years. (2) [Reserved] Appropriate AMs for the recreational (3) Letters of authorization. To obtain fishery, including adjustments to fish- either of the letters of authorization ing season, minimum fish size, or pos- specified in paragraphs (e)(1) and (2) of session limits, may be implemented in this section, a vessel owner must re- a manner consistent with the Adminis- quest a letter from the NMFS Greater trative Procedure Act, with final meas- Atlantic Regional Fisheries Office, ei- ures published in the FEDERAL REG- ther in writing or by phone (see Table ISTER no later than January when pos- 1 to 50 CFR 600.502). As a condition of sible. Separate AMs shall be developed

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for the private and charter/party com- Sections Affected, which appears in the ponents of the recreational fishery. Finding Aids section of the printed volume (3) Proactive AM adjustment. When and at www.govinfo.gov. necessary, the Regional Administrator, after consultation with the NEFMC, § 648.90 NE multispecies assessment, may adjust recreational measures to framework procedures and speci- fications, and flexible area action ensure the recreational fishery system. achieves, but does not exceed any rec- reational fishery sub-ACL in a future For the NE multispecies framework fishing year. Appropriate AMs for the specification process described in this recreational fishery, including adjust- section, the regulated species and ments to fishing season, minimum fish ocean pout biennial review is consid- size, or possession limits, may be im- ered a separate process from the small- plemented in a manner consistent with mesh species annual review, as de- the Administrative Procedure Act, scribed in paragraphs (a)(2) and (b)(1), with final measures published in the respectively, of this section. In addi- FEDERAL REGISTER prior to the start of tion, the process for specifying ABCs the fishing year where possible. In and associated ACLs for regulated spe- specifying these AMs, the Regional Ad- cies and ocean pout, as described in ministrator shall take into account the paragraph (a)(4) of this section, is con- non-binding prioritization of possible sidered a separate process from the measures recommended by the NEFMC: small-mesh species ABC and ACL proc- For cod, first increases to minimum ess described in paragraph (b)(2) of this fish sizes, then adjustments to seasons, section. followed by changes to bag limits; and (a) NE multispecies. For the purpose of for haddock, first increases to min- this paragraph (a), the term ‘‘NE imum size limits, then changes to bag multispecies fishery’’ is defined as limits, and then adjustments to sea- common pool vessels, sector vessels, sons. and private recreational and charter/ (g) Regional Administrator authority party vessels, as defined in this part; for 2018 and 2019 Georges Bank cod rec- the term ‘‘NE multispecies commercial reational measures. For the 2018 or 2019 fishery’’ is defined as vessels issued a fishing years, the Regional Adminis- limited access NE multispecies permit, trator, after consultation with the or an open access NE multispecies NEFMC, may adjust recreational meas- Handgear B permit; and the term ‘‘NE ures for Georges Bank cod to prevent multispecies recreational fishery’’ is the recreational fishery from exceeding defined as private recreational vessels the annual catch target of 138 mt. Ap- and charter or party boats, as further propriate measures, including adjust- defined in this part. ments to fishing seasons, minimum (1) NE Multispecies annual SAFE Re- fish sizes, or possession limits, may be port. The NE Multispecies Plan Devel- implemented in a manner consistent opment Team (PDT) shall prepare an with the Administrative Procedure annual Stock Assessment and Fishery Act, with the final measures published Evaluation (SAFE) Report for the NE in the FEDERAL REGISTER prior to the multispecies fishery. The SAFE Report start of the fishing year when possible. shall be the primary vehicle for the Separate measures may be imple- presentation of all updated biological mented for the private and charter/ and socio-economic information re- party components of the recreational garding the NE multispecies complex fishery. Measures in place in fishing and its associated fisheries. The SAFE year 2019 will be in effect beginning in report shall provide source data for any fishing year 2020, and will remain in ef- adjustments to the management meas- fect until they are changed by a ures that may be needed to continue to Framework Adjustment or Amendment meet the goals and objectives of the to the FMP, or through an emergency FMP. action. (2) Biennial review. (i) At a minimum, [69 FR 22984, Apr. 27, 2004] the NE multispecies PDT shall meet on EDITORIAL NOTE: For FEDERAL REGISTER ci- or before September 30 every other tations affecting § 648.89, see the List of CFR year to perform a review of the fishery,

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using the most current scientific infor- are expected to meet the FMP goals mation available provided primarily and objectives. from the NEFSC. Data provided by (iii) In addition, the PDT may de- states, ASMFC, the USCG, and other velop ranges of options for any of the sources may also be considered by the management measures in the FMP and PDT. The PDT shall review available the following conditions that may be data pertaining to: Catch and landings, adjusted through a framework adjust- discards, DAS allocations, DAS use, ment to achieve FMP goals and objec- sector operations, and other measures tives including, but not limited to: Re- of fishing effort; survey results; stock visions to DAS measures, including status; current estimates of fishing DAS allocations (such as the distribu- mortality and overfishing levels; social tion of DAS among the four categories and economic impacts; enforcement of DAS), future uses for Category C issues; and any other relevant informa- DAS, and DAS baselines, adjustments tion. The PDT may also review the per- for steaming time, etc.; accumulation formance of different user groups or limits due to a permit buyout or fleet sectors. buyback; modifications to capacity (ii) Based on this review, the PDT measures, such as changes to the DAS transfer or DAS leasing measures; cal- shall recommend ACLs for the upcom- culation of area-specific ACLs (includ- ing fishing year(s), as described in ing sub-ACLs for specific stocks and paragraph (a)(4) of this section, and de- areas (e.g., Gulf of Maine cod)), area velop options for consideration by the management boundaries, and adoption Council, if necessary, on any changes, of area-specific management measures adjustments, or additions to DAS allo- including the delineation of inshore/ cations, closed areas, or other meas- offshore fishing practices, gear restric- ures necessary to rebuild overfished tions, declaration time periods; sector stocks and achieve the FMP goals and allocation requirements and specifica- objectives, which may include a pre- tions, including the establishment of a ferred option. The range of options de- new sector, the disapproval of an exist- veloped by the PDT may include any of ing sector, the allowable percent of the management measures in the FMP, ACL available to a sector through a including, but not limited to: ACLs, sector allocation, an optional sub-ACL which must be based on the projected specific to Handgear A permitted ves- fishing mortality levels required to sels, and the calculation of PSCs; sec- meet the goals and objectives outlined tor administration provisions, includ- in the FMP for the 12 regulated species ing at-sea and dockside monitoring and ocean pout if able to be deter- measures; sector reporting require- mined; identifying and distributing ments; state-operated permit bank ad- ACLs and other sub-components of the ministrative provisions; measures to ACLs among various segments of the implement the U.S./Canada Resource fishery; AMs; DAS changes; possession Sharing Understanding, including any limits; gear restrictions; closed areas; specified TACs (hard or target); permitting restrictions; minimum fish changes to administrative measures; sizes; recreational fishing measures; additional uses for Regular B DAS; re- describing and identifying EFH; fishing porting requirements; declaration re- gear management measures to protect quirements pertaining to when and EFH; designating habitat areas of par- what time period a vessel must declare ticular concern within EFH; and into or out of a fishery management changes to the SBRM, including the area; the GOM Inshore Conservation CV-based performance standard, the and Management Stewardship Plan; ad- means by which discard data are col- justments to the Handgear A or B per- lected/obtained, fishery stratification, mits; gear requirements to improve se- the process for prioritizing observer lectivity, reduce bycatch, and/or reduce sea-day allocations, reports, and/or in- impacts of the fishery on EFH; SAP dustry-funded observers or observer set modifications; revisions to the ABC aside programs. The PDT must dem- control rule and status determination onstrate through analyses and docu- criteria, including, but not limited to, mentation that the options it develops changes in the target fishing mortality

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rates, minimum biomass thresholds, FMP’s goals and objectives. The Coun- numerical estimates of parameter val- cil shall include in its recommendation ues, and the use of a proxy for biomass supporting documents, as appropriate, may be made either through a biennial concerning the environmental and eco- adjustment or framework adjustment; nomic impacts of the proposed action changes to the SBRM, including the and the other options considered by the CV-based performance standard, the Council. means by which discard data are col- (vii) If the Council submits, on or be- lected/obtained, fishery stratification, fore December 1, a recommendation to the process for prioritizing observer the Regional Administrator after one sea-day allocations, reports, and/or in- Council meeting, and the Regional Ad- dustry-funded observers or observer set ministrator concurs with the rec- aside programs; and any other meas- ommendation, the Regional Adminis- ures currently included in the FMP. trator shall publish the Council’s rec- (iv) Rebuilding plan review for GOM ommendation in the FEDERAL REG- cod and American plaice. Based on this ISTER as a proposed rule with a 30-day review of the most current scientific public comment period. The Council information available, the PDT shall may instead submit its recommenda- determine whether the following condi- tion on or before February 1, if it tions are met for either stock: The chooses to follow the framework proc- total catch limit has not been exceeded ess outlined in paragraph (c) of this during the rebuilding program; new sci- section, and requests that the Regional entific information indicates that the Administrator publish the rec- stock is below its rebuilding trajectory ommendation as a final rule, in a man- (i.e., rebuilding has not progressed as ner consistent with the Administrative expected); and Frebuild becomes less than Procedure Act. If the Regional Admin- 75% FMSY. If all three of these criteria istrator concurs that the Council’s rec- are met, the PDT, and/or SSC, shall un- ommendation meets the FMP objec- dertake a rebuilding plan review to tives and is consistent with other ap- provide new catch advice that includes plicable law, and determines that the the following, in priority order: Review recommended management measures of the biomass reference points and should be published as a final rule, the calculation of Frebuild ACLs based on the action will be published as a final rule review of the biomass reference points in the FEDERAL REGISTER, in a manner and the existing rebuilding plan. consistent with the Administrative (v) The Council shall review the Procedure Act. If the Regional Admin- ACLs recommended by the PDT and all istrator concurs that the recommenda- of the options developed by the PDT tion meets the FMP objectives and is and other relevant information; con- consistent with other applicable law sider public comment; and develop a and determines that a proposed rule is recommendation to meet the FMP ob- warranted, and, as a result, the effec- jectives pertaining to regulated species tive date of a final rule falls after the or ocean pout that is consistent with start of the fishing year on May 1, fish- applicable law. If the Council does not ing may continue. However, DAS used submit a recommendation that meets or regulated species or ocean pout the FMP objectives and is consistent landed by a vessel on or after May 1 with applicable law, the Regional Ad- will be counted against any DAS or ministrator may adopt any option de- sector ACE allocation the vessel or sec- veloped by the PDT, unless rejected by tor ultimately receives for that year, the Council, as specified in paragraph as appropriate. (a)(2)(vii) of this section, provided the (viii) If the Regional Administrator option meets the FMP objectives and is concurs in the Council’s recommenda- consistent with applicable law. tion, a final rule shall be published in (vi) Based on this review, the Council the FEDERAL REGISTER on or about shall submit a recommendation to the April 1 of each year, with the exception Regional Administrator of any noted in paragraph (a)(2)(vii) of this changes, adjustments or additions to section. If the Council fails to submit a DAS allocations, closed areas or other recommendation to the Regional Ad- measures necessary to achieve the ministrator by February 1 that meets

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the FMP goals and objectives, the Re- standing, the PDT shall develop rec- gional Administrator may publish as a ommendations for ABCs, ACLs, and proposed rule one of the options re- OFLs for the pertinent stock or stock viewed and not rejected by the Council, components annually, as described in provided that the option meets the this paragraph (a)(4) and § 648.85(a)(2). FMP objectives and is consistent with (A) ABC recommendations. The PDT other applicable law. If, after consid- shall develop ABC recommendations ering public comment, the Regional based on the ABC control rule, the fish- Administrator decides to approve the ing mortality rate necessary to rebuild option published as a proposed rule, the the stock, guidance from the SSC, and action will be published as a final rule any other available information. The in the FEDERAL REGISTER. PDT recommendations shall be re- (3) Default OFLs, ABCs, and ACLs. (i) viewed by the SSC. Guided by terms of Unless otherwise specified in this para- reference developed by the Council, the graph (a)(3), if final specifications are SSC shall either concur with the ABC not published in the FEDERAL REGISTER recommendations provided by the PDT, for the start of a fishing year, as out- or provide alternative recommenda- lined in paragraph (a)(4) of this section, tions for each stock of regulated spe- specifications for that fishing year cies or ocean pout and describe the ele- shall be set at 35 percent of the pre- ments of scientific uncertainty used to vious year’s specifications for each NE develop its recommendations. Should multispecies stock, including the U.S./ the SSC recommend an ABC that dif- Canada shared resources, for the period fers from that originally recommend of time beginning on May 1 and ending by the PDT, the PDT shall revise its on July 31, unless superseded by the ACL recommendations if necessary to final rule implementing the current year’s specifications. be consistent with the ABC rec- (ii) If the default specifications ex- ommendations made by the SSC. In ad- ceed the Council’s recommendations dition to consideration of ABCs, the for any stock for the current year, the SSC may consider other related issues specifications for that stock shall be specified in the terms of reference de- reduced to the Council’s recommenda- veloped by the Council, including, but tion through notice consistent with the not limited to, OFLs, ACLs, and man- Administrative Procedure Act. agement uncertainty. (iii) These specifications shall be sub- (B) ACL recommendations. The PDT divided among the various sub-compo- shall develop ACL recommendations nents of the fishery consistent with the based upon ABCs recommended by the ABC/ACL distribution adopted for the SSC and the pertinent recommenda- previous year’s specifications. tions of the Transboundary Manage- (4) Process for setting ABCs and ACLs— ment Guidance Committee (TMGC). (i) ABC/ACL recommendations. As de- The ACL recommendations of the PDT scribed in this paragraph (a)(4), with shall be specified based upon total the exception of stocks managed by the catch for each stock (including both Understanding, the PDT shall develop landings and discards), if that informa- recommendations for setting an ABC, tion is available. The PDT shall de- ACL, and OFL for each NE multispe- scribe the steps involved with the cal- cies stock for each of the next 3 years culation of the recommended ACLs and as part of the biennial review process uncertainties and risks considered specified in paragraph (a)(2) of this sec- when developing these recommenda- tion. ACLs can also be specified based tions, including whether different lev- upon updated information in the an- els of uncertainties were used for dif- nual SAFE report, as described in para- ferent sub-components of the fishery graph (a)(1) of this section, and other and whether ACLs have been exceeded available information as part of a spec- in recent years. Based upon the ABC ification package, as described in para- recommendations of the SSC and the graph (a)(6) of this section. For NE ACL recommendations of the PDT, the multispecies stocks or stock compo- Council shall adopt ACLs that are nents managed under both the NE equal to or lower than the ABC rec- Multispecies FMP and the Under- ommended by the SSC to account for

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management uncertainty in the fish- ject to the regulations specified in this ery. part shall be deducted from the ABC/ (ii) Timing. The PDT recommenda- ACL of each regulated species or ocean tions for setting ABCs and ACLs shall pout stock pursuant to the process for be provided to the SSC prior to the specifying ABCs and ACLs, as described September Council meeting, to the ex- in this paragraph (a)(4). tent possible. The Council shall con- (B) Regulated species or ocean pout sider the ABC recommendations of the catch by exempted fisheries. Unless oth- SSC and the ACL recommendations of erwise specified in paragraphs the PDT (and TMGC) and shall make a (a)(4)(iii)(F) or (G) of this section, regu- decision on those recommendations lated species or ocean pout catch by prior to December 1, to the extent pos- other, non-specified sub-components of sible. Once the Council has approved the fishery, including, but not limited its recommended ACLs, they shall be to, exempted fisheries that occur in submitted to NMFS prior to December Federal waters and fisheries harvesting 1, to the extent possible for approval exempted species specified in and implementation. If the Council is § 648.80(b)(3) shall be deducted from the submitting a management action as ABC/ACL of each regulated species or part of the biennial adjustment proc- ocean pout stock, pursuant to the proc- ess, the ACLs can be included in that ess to specify ABCs and ACLs described document along with any necessary in this paragraph (a)(4). The catch of analysis required by applicable law. these non-specified sub-components of After receipt of the Council rec- the ACL shall be monitored using data ommendation for ACLs, either as part collected pursuant to this part. If catch of a new management action or as part from such fisheries exceeds the amount of a specification package, as described in paragraph (a)(5) of this section, specified in this paragraph (a)(4)(iii)(B), NMFS shall review the Council’s deci- AMs shall be developed to prevent the sion and, if consistent with applicable overall ACL for each stock from being law, implement the ACL in a manner exceeded, pursuant to the framework consistent with the Administrative adjustment process specified in this Procedure Act. section. (iii) ABC/ACL distribution. The ABCs/ (C) Yellowtail flounder catch by the At- ACLs adopted by the Council for each lantic sea scallop fishery. Yellowtail regulated species or ocean pout stock flounder catch in the Atlantic sea scal- pursuant to this paragraph (a)(4) shall lop fishery, as defined in subpart D of be subdivided among the various sub- this part, shall be deducted from the components of the fishery, as specified ABC/ACL for each yellowtail flounder in paragraphs (a)(4)(iii)(A) through (H) stock pursuant to the restrictions spec- of this section. For transboundary ified in subpart D of this part and the stocks managed by the Understanding, process to specify ABCs and ACLs, as pursuant to § 648.85(a), the distribution described in paragraph (a)(4) of this of ABC/ACLs described in paragraphs section. Unless otherwise specified in (a)(4)(iii)(A) through (H) of this section this paragraph (a)(4)(iii)(C), or subpart shall be based upon the catch available D of this part, the specific value of the to U.S. fishermen. The Council may re- sub-components of the ABC/ACL for vise its recommendations for the dis- each stock of yellowtail flounder dis- tribution of ABCs and ACLs among tributed to the Atlantic sea scallop these and other sub-components fishery shall be specified pursuant to through the process to specify ABCs the biennial adjustment process speci- and ACLs, as described in this para- fied in paragraph (a)(2) of this section. graph (a)(4). The Atlantic sea scallop fishery shall (A) Regulated species or ocean pout be allocated 40 percent of the GB catch by vessels outside of the FMP. The yellowtail flounder ABC (U.S. share catch of regulated species or ocean only) in fishing year 2013, and 16 per- pout that is expected to be harvested cent in fishing year 2014 and each fish- by vessels operating in state waters ing year thereafter, pursuant to the that have not been issued a Federal NE process for specifying ABCs and ACLs multispecies permit and are not sub- described in this paragraph (a)(4). An

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ACL based on this ABC shall be deter- dock incidental catch estimates for the mined using the process described in midwater trawl Atlantic herring fish- paragraph (a)(4)(i) of this section. ery. Based on information available, NMFS (E) Windowpane flounder catch by the shall project the expected scallop fish- Atlantic sea scallop fishery. The Atlantic ery catch of GB and SNE/MA yellowtail sea scallop fishery, as defined in sub- flounder for the current fishing year by part D of this part, will be allocated January 15. If NMFS determines that sub-ACLs equaling 21 percent of the the scallop fishery will catch less than northern windowpane flounder ABC 90 percent of its GB or SNE/MA and 36 percent of the southern window- yellowtail flounder sub-ACL, the Re- pane flounder ABC. The sub-ACLs will gional Administrator may reduce the be set using the process for specifying pertinent scallop fishery sub-ACL to ABCs and ACLs described in paragraph the amount projected to be caught, and (a)(4) of this section. increase the groundfish fishery sub- (F) SNE/MA windowpane flounder ACL by any amount up to the amount catch by exempted fisheries. SNE/MA reduced from the scallop fishery sub- windowpane flounder catch by other, ACL. The revised GB or SNE/MA non-specified sub-components of the yellowtail flounder groundfish fishery fishery, including, but not limited to, sub-ACL shall be distributed to the exempted fisheries that occur in Fed- common pool and sectors based on the eral waters and fisheries harvesting ex- process specified in paragraph empted species specified in (a)(4)(iii)(H)(2) of this section. § 648.80(b)(3), shall be deducted from the (D) Haddock catch by the midwater ABC/ACL for SNE/MA windowpane trawl Atlantic herring fishery. (1) Sub- flounder pursuant to the process to ACL values. The midwater trawl Atlan- specify ABCs and ACLs, as described in tic herring fishery will be allocated this paragraph (a)(4). The specific value sub-ACLs equal to 1 percent of the of the sub-components of the ABC/ACL GOM haddock ABC, and 1.5 percent of for SNE/MA windowpane flounder dis- the GB haddock ABC (U.S. share only), tributed to these other fisheries shall pursuant to the restrictions in be specified pursuant to the biennial § 648.86(a)(3). The sub-ACLs will be set adjustment process specified in para- using the process for specifying ABCs graph (a)(2) of this section. and ACLs described in paragraph (a)(4) (G) GB yellowtail flounder catch by of this section. For the purposes of small mesh fisheries—(1) For the pur- these sub-ACLs, the midwater trawl poses of this paragraph, the term Atlantic herring fishery includes ves- ‘‘small-mesh fisheries’’ is defined as sels issued a Federal Atlantic herring vessels fishing with bottom tending permit and fishing with midwater mobile gear with a codend mesh size of trawl gear in Management Areas 1A, less than 5 in (12.7 cm) in other, non- 1B, and/or 3, as defined in § 648.200(f)(1) specified sub-components of the fish- and (3). ery, including, but not limited to, ex- (2) GB haddock sub-ACL Review. Fol- empted fisheries that occur in Federal lowing an assessment of the total GB waters and fisheries harvesting ex- haddock stock, the Groundfish PDT empted species specified in will conduct a review of the sub-ACL § 648.80(b)(3). and recommend to the Groundfish (2) Small-mesh fisheries allocation. Committee and Council a sub-ACL for GB yellowtail flounder catch by the the midwater trawl Atlantic herring small-mesh fisheries, as defined in fishery of 1 and up to 2 percent of the paragraph (a)(4)(iii)(G)(1) of this sec- GB haddock U.S. ABC. The sub-ACL re- tion, shall be deducted from the ABC/ view should consider factors including, ACL for GB yellowtail flounder pursu- but not limited to, groundfish fishery ant to the process to specify ABCs and catch performance, expected ground- ACLs, as described in this paragraph fish fishery utilization of the GB had- (a)(4). This small mesh fishery shall be dock ACL, status of the GB haddock allocated 2 percent of the GB resource, recruitment, incoming year- yellowtail flounder ABC (U.S. share class strength, and evaluation of the only) in fishing year 2013 and each fish- coefficient of variation of the GB had- ing year after, pursuant to the process

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for specifying ABCs and ACLs de- species fishery, after consideration of scribed in this paragraph (a)(4). An the recreational allocation pursuant to ACL based on this ABC shall be deter- paragraph (a)(4)(iii)(H)(1) of this sec- mined using the process described in tion, shall be divided between vessels paragraph (a)(4)(i) of this section. operating under approved sector oper- (H) Regulated species or ocean pout ations plans, as described at § 648.87(c), catch by the NE multispecies commercial and vessels operating under the provi- and recreational fisheries. Unless other- sions of the common pool, as defined in wise specified in the ACL recommenda- this part, based upon the cumulative tions developed pursuant to paragraph PSCs of vessels participating in sectors (a)(4)(i) of this section, after all of the calculated pursuant to deductions and considerations specified § 648.87(b)(1)(i)(E). For fishing years 2010 in paragraphs (a)(4)(iii)(A) through (G) and 2011, the ABC/ACL of each regu- of this section, the remaining ABC/ACL lated species or ocean pout stocks not for each regulated species or ocean allocated to sectors pursuant to pout stock shall be allocated to the NE § 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, multispecies commercial and rec- SNE/MA winter flounder, ocean pout, reational fisheries, pursuant to this windowpane flounder, and Atlantic paragraph (a)(4)(iii)(H). wolffish) that is available to the com- (1) Recreational allocation. Unless oth- mercial NE multispecies fishery shall erwise specified in paragraph (a)(5) of be allocated entirely to the common this section, recreational catches shall pool. Unless otherwise specified in be compared to the ACLs allocated pur- paragraph (a)(5) of this section, regu- suant to this paragraph (a)(4)(iii)(H)(1) lated species or ocean pout catch by for the purposes of determining wheth- common pool and sector vessels shall er adjustments to recreational meas- be deducted from the sub-ACL/ACE al- ures are necessary, pursuant to the rec- located pursuant to this paragraph reational fishery AMs specified in (a)(4)(iii)(H)(2) for the purposes of de- § 648.89(f). termining whether adjustments to (i) Stocks allocated. Unless otherwise common pool measures are necessary, specified in this paragraph pursuant to the common pool AMs (a)(4)(iii)(H)(1), the ABCs/ACLs for specified in § 648.82(n), or whether sec- GOM cod and GOM haddock available tor ACE overages must be deducted, to the NE multispecies fishery pursu- pursuant to § 648.87(b)(1)(iii). ant to paragraph (a)(4)(iii)(H) of this (3) Revisions to commercial and rec- section shall be divided between com- reational allocations. Distribution of the mercial and recreational components ACL for each stock available to the NE of the fishery, based upon the average multispecies fishery between and proportional catch of each component among commercial and recreational for each stock during fishing years 2001 components of the fishery may be im- through 2006. plemented through a framework ad- (ii) Process for determining if a rec- justment pursuant to this section. Any reational allocation is necessary. A rec- changes to the distribution of ACLs to reational allocation may not be made the NE multispecies fishery shall not if it is determined that, based upon affect the implementation of AMs available information, the ACLs for based upon the distribution in effect at these stocks are not being fully har- the time of the overage that triggered vested by the NE multispecies fishery, the AM. or if the recreational harvest, after ac- (iv) ACL monitoring—(A) Landings. counting for state waters catch pursu- For the purposes of monitoring the ant to paragraph (a)(4)(iii)(A) of this catch of regulated species or ocean section, is less than 5 percent of the pout towards the harvest of ACLs and overall catch for a particular stock of other, non-specified sub-components of regulated species or ocean pout. the ACLs specified in paragraph (a)(4) (2) Commercial allocation. Unless oth- of this section, the reporting require- erwise specified in this paragraph ments specified in this part, including (a)(4)(iii)(H)(2), the ABC/ACL for regu- dealer reports, VTRs, VMS catch re- lated species or ocean pout stocks ports, sector catch reports, and other available to the commercial NE multi- available information shall be used to

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identify and apportion regulated spe- the NE multispecies fishery, plus each cies or ocean pout landings by stock sub-component’s share of any overage area. of the overall ACL for a particular (B) Discards. Unless otherwise speci- stock caused by excessive catch by ves- fied in this paragraph (a)(4)(iv)(B), reg- sels outside of the FMP, exempted fish- ulated species or ocean pout discards eries, or the Atlantic sea scallop fish- shall be monitored through the use of ery, as specified in this paragraph VTRs, observer data, VMS catch re- (a)(5), as appropriate. ports, and other available information, (A) Excessive catch by common pool ves- as specified in this part. Regulated spe- sels. If the catch of regulated species cies or ocean pout discards by vessels and ocean pout by common pool vessels on a sector trip shall be monitored pur- exceeds the amount of the ACL speci- suant to § 648.87(b)(1)(v)(A). fied for common pool vessels pursuant (v) Adjustments to ACLs. The Council to paragraph (a)(4)(iii)(H)(2) of this sec- may elect to revise the ACL for any tion, then the AMs described in regulated species or ocean pout stock § 648.82(n) shall take effect. Pursuant to in the second fishing year following a the distribution of ABCs/ACLs specified biennial review to account for any in paragraph (a)(4)(iii)(H)(2) of this sec- overages of an ACL in year one that tion, for the purposes of this paragraph may result in overfishing for a par- (a)(5)(i)(A), the catch of each regulated ticular stock. Any adjustments to the species or ocean pout stock not allo- ACLs in year two will be implemented cated to sectors pursuant to pursuant to the process to specify § 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, ABCs and ACLs, as described in para- ocean pout, windowpane flounder, and graph (a)(4) of this section. Atlantic wolffish) during fishing years (5) AMs. Except as specified in para- 2010 and 2011 shall be added to the graphs (a)(4)(iii)(A) through (G) of this catch of such stocks by common pool section, if any of the ACLs specified in vessels to determine whether the dif- paragraph (a)(4) of this section are ex- ferential DAS counting AM described ceeded based upon available catch in- in § 648.82(n)(1) shall take effect. If such formation, the AMs specified in para- catch does not exceed the portion of graphs (a)(5)(i) and (ii) of this section the ACL specified for common pool ves- shall take effect in the following fish- sels pursuant to paragraph ing year, or as soon as practicable, (a)(4)(iii)(H)(2) of this section, then no thereafter, once catch data for all af- AMs shall take effect for common pool fected fisheries are available, as appli- vessels. cable. (B) Excessive catch by sector vessels. If (i) AMs for the NE multispecies commer- the catch of regulated species and cial and recreational fisheries. If the ocean pout by sector vessels exceeds catch of regulated species or ocean the amount of the ACL specified for pout by a sub-component of the NE sector vessels pursuant to paragraph multispecies fishery (i.e., common pool (a)(4)(iii)(H)(2) of this section, then the vessels, sector vessels, or private rec- AMs described in § 648.87(b)(1)(iii) shall reational and charter/party vessels) ex- take effect. For the purposes of this ceeds the amount allocated to each paragraph (a)(5)(i)(B), the catch of reg- sub-component, as specified in para- ulated species and ocean pout for each graph (a)(4)(iii)(H) of this section, then sector approved pursuant to § 648.87 the applicable AM for that sub-compo- shall be based upon the catch of vessels nent of the fishery shall take effect, participating in each approved sector. pursuant to paragraphs (a)(5)(i)(A) If such catch does not exceed the por- through (C) of this section. In deter- tion of the ACL specified for an indi- mining the applicability of AMs speci- vidual sector pursuant to paragraph fied for a sub-component of the NE (a)(4)(iii)(H)(2) of this section, then no multispecies fishery in paragraphs AMs shall take effect for that sector. (a)(5)(i)(A) through (C) of this section, (C) Excessive catch by the NE multispe- the Regional Administrator shall con- cies recreational fishery. If the catch of sider available information regarding regulated species and ocean pout by the catch of regulated species and private recreational and charter/party ocean pout by each sub-component of vessels exceeds the amount of the ACL

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specified for the recreational fishery plicable small AM area for the stock pursuant to paragraph (a)(4)(iii)(H)(1) shall be implemented, as specified in of this section, then the AMs described paragraph (a)(5)(i)(E) of this section, in § 648.89(f) shall take effect. If such consistent with the Administrative catch does not exceed the portion of Procedure Act. If the overall ACL is ex- the ACL specified for the recreational ceeded by more than 20 percent, the ap- fishery pursuant to paragraph plicable large AM area(s) for the stock (a)(4)(iii)(H)(1) of this section, then no shall be implemented, as specified in AMs shall take effect for the rec- this paragraph (a)(5)(i)(E), consistent reational fishery. with the Administrative Procedure (D) AMs for both stocks of windowpane Act. Vessels fishing with trawl gear in flounder, ocean pout, Atlantic halibut, these areas may only use a haddock and Atlantic wolffish. At the end of each separator trawl, as specified in fishing year, NMFS shall determine if § 648.85(a)(3)(iii)(A); a Ruhle trawl, as the overall ACL for northern window- specified in § 648.85(b)(6)(iv)(J)(3); a rope pane flounder, southern windowpane separator trawl, as specified in flounder, ocean pout, Atlantic halibut, § 648.84(e); or any other gear approved or Atlantic wolffish was exceeded. If consistent with the process defined in the overall ACL for any of these stocks § 648.85(b)(6). is exceeded, NMFS shall implement the (1) Multispecies Fishery. If an overage appropriate AM, as specified in this of the overall ACL for southern win- paragraph (a)(5)(i)(D), in a subsequent dowpane flounder is a result of an over- fishing year, consistent with the APA. age of the sub-ACL allocated to the If reliable information is available, the multispecies fishery pursuant to para- AM shall be implemented in the fishing graph (a)(4)(iii)(H)(2) of this section, year immediately following the fishing the applicable AM area(s) shall be in year in which the overage occurred. effect year-round for any limited ac- Otherwise, the AM shall be imple- cess NE multispecies permitted vessel mented in the second fishing year after fishing on a NE multispecies DAS or the fishing year in which the overage sector trip. occurred. For example, if NMFS deter- (2) Exempted Fisheries. If an overage of mined before the start of fishing year the overall ACL for southern window- 2013 that the overall ACL for northern pane flounder is a result of an overage windowpane flounder was exceeded by of the sub-ACL allocated to exempted the groundfish fishery in fishing year fisheries pursuant to paragraph 2012, the applicable AM would be imple- (a)(4)(iii)(F) of this section, the appli- mented for fishing year 2013. If NMFS cable AM area(s) shall be in effect for determined after the start of fishing any trawl vessel fishing with a codend year 2013 that the overall ACL for mesh size of greater than or equal to 5 northern windowpane flounder was ex- inches (12.7 cm) in other, non-specified ceeded in fishing year 2012, the applica- sub-components of the fishery, includ- ble AM would be implemented for fish- ing, but not limited to, exempted fish- ing year 2014. If updated catch informa- eries that occur in Federal waters and tion becomes available subsequent to fisheries harvesting exempted species the implementation of an AM that in- specified in § 648.80(b)(3). If triggered, dicates that an ACL was not exceeded, the Southern Windowpane Flounder the AM will be rescinded, consistent Small AM Area will be implemented with the Administrative Procedure from September 1 through April 30; the Act. Southern Windowpane Flounder Large (E) Windowpane flounder. Unless oth- AM Areas 2 and 3 will be implemented erwise specified in paragraphs year-round. (a)(5)(i)(E)(5) and (6) of this section, if (3) Combined Overage. If an overage of NMFS determines the total catch ex- the overall ACL for southern window- ceeds the overall ACL for either stock pane flounder is a result of overages of of windowpane flounder, as described in both the multispecies fishery and ex- this paragraph (a)(5)(i)(E), by any empted fishery sub-ACLs, the applica- amount greater than the management ble AM area(s) shall be in effect for uncertainty buffer, up to 20 percent both the multispecies fishery and ex- greater than the overall ACL, the ap- empted fisheries as described in this

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paragraph (a)(5)(i)(E). If a sub-ACL for Point N latitude W longitude either stock of windowpane flounder is 2 ...... 40°30′ 73°30′ allocated to another fishery, consistent 3 ...... 40°30′ 73°50′ with the process specified at paragraph 4 ...... 40°20′ 73°50′ (a)(4) of this section, and there are AMs 5 ...... 40°20′ (2) for that fishery, the multispecies fish- 6 ...... (3) 73°58.5′ 7 ...... (4) 73°58.5′ ery AM shall only be implemented if 8 ...... 5 40°32.6′ 5 73°56.4′ the sub-ACL allocated to the multispe- 1 ...... (1) 73°30′ cies fishery is exceeded (i.e., the sector Southern Windowpane Flounder Large AM Area 3 and common pool catch for a particular stock, including the common pool’s 1 ...... 41°10′ 71°30′ share of any overage of the overall ACL 2 ...... 41°10′ 71°10′ 3 ...... 41°00′ 71°10′ caused by excessive catch by other sub- 4 ...... 41°00′ 71°20′ components of the fishery pursuant to 5 ...... 40°50′ 71°20′ paragraph (a)(5) of this section exceeds 6 ...... 40°50′ 71°30′ the common pool sub-ACL) and the 1 ...... 41°10′ 71°30′ overall ACL is also exceeded. 1 The southernmost coastline of Long Island, NY, at 73°30′ W longitude. (4) Windowpane AM Areas. The AM 2 The easternmost coastline of NJ at 40°20′ N latitude, then areas defined below are bounded by the northward along the NJ coastline to Point 6. 3 The northernmost coastline of NJ at 73°58.5′ W longitude. following coordinates, connected in the 4 The southernmost coastline of Long Island, NY, at order listed by rhumb lines, unless oth- 73°58.5′ W longitude. 5 The approximate location of the southwest corner of the erwise noted. Rockaway Peninsula, Queens, NY, then eastward along the southernmost coastline of Long Island, NY (excluding South Point N latitude W longitude Oyster Bay), back to Point 1.

Northern Windowpane Flounder and Ocean Pout Small (5) Reducing the size of an AM. If the AM Area overall northern or southern window- 1 ...... 41°10′ 67°40′ pane flounder ACL is exceeded by more 2 ...... 41°10′ 67°20′ than 20 percent and NMFS determines 3 ...... 41°00′ 67°20′ that the stock is rebuilt, and the bio- 4 ...... 41°00′ 67°00′ mass criterion, as defined by the Coun- 5 ...... 40°50′ 67°00′ 6 ...... 40°50′ 67°40′ cil, is greater than the most recent 1 ...... 41°10′ 67°40′ fishing year’s catch, then only the small AM may be implemented as de- Northern Windowpane Flounder and Ocean Pout Large AM Area scribed in this paragraph (a)(5)(i)(E), consistent with the Administrative 1 ...... 42°10′ 67°40′ Procedure Act. This provision applies 2 ...... 42°10′ 67°20′ 3 ...... 41°00′ 67°20′ to a limited access NE multispecies 4 ...... 41°00′ 67°00′ permitted vessel fishing on a NE multi- 5 ...... 40°50′ 67°00′ species DAS or sector trip, and to all 6 ...... 40°50′ 67°40′ 1 ...... 42°10′ 67°40′ vessels fishing with trawl gear with a codend mesh size equal to or greater Southern Windowpane Flounder and Ocean Pout Small than 5 inches (12.7 cm) in other, non- AM Area specified sub-components of the fish- 1 ...... 41°10′ 71°30′ ery, including, but not limited to, ex- 2 ...... 41°10′ 71°20′ empted fisheries that occur in Federal 3 ...... 40°50′ 71°20′ 4 ...... 40°50′ 71°30′ waters and fisheries harvesting ex- 1 ...... 41°10′ 71°30′ empted species specified in § 648.80(b)(3). Southern Windowpane Flounder and Ocean Pout Large AM Area 1 (6) Reducing the duration of an AM. If the northern or southern windowpane 1 ...... 41°10′ 71°50′ flounder AM is implemented in the 2 ...... 41°10′ 71°10′ 3 ...... 41°00′ 71°10′ third fishing year following the year of 4 ...... 41°00′ 71°20′ an overage, as described in paragraph 5 ...... 40°50′ 71°20′ (a)(5)(i)(D) of this section, and NMFS 6 ...... 40°50′ 71°50′ 1 ...... 41°10′ 71°50′ subsequently determines that the ap- plicable windowpane flounder ACL was Southern Windowpane Flounder and Ocean Pout Large not exceeded by any amount the year AM Area 2 immediately after which the overage 1 ...... (1) 73°30′ occurred (i.e., the second year), on or

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after September 1 the AM can be re- § 648.84(e); or any other gear approved moved once year-end data are com- consistent with the process defined in plete. This reduced duration does not § 648.85(b)(6); except that selective trawl apply if NMFS determines during year gear is not required in the portion of 3 that a year 3 overage of the applica- the Trawl Gear AM Area between 41 de- ble windowpane flounder ACL has oc- grees 40 minutes and 42 degrees from curred. This provision applies to a lim- April 1 through July 31. When in effect, ited access NE multispecies permitted a limited access NE multispecies per- vessel fishing on a NE multispecies mitted vessel with gillnet gear may not DAS or sector trip, and to all vessels fish or be in the Atlantic Halibut Fixed fishing with trawl gear with a codend Gear AM Area from March 1 through mesh size equal to or greater than 5 October 31, unless transiting with its inches (12.7 cm) in other, non-specified gear stowed and not available for im- sub-components of the fishery, includ- mediate use as defined in § 648.2, or ing, but not limited to, exempted fish- such gear was approved consistent with eries that occur in Federal waters and the process defined in § 648.85(b)(6). If a fisheries harvesting exempted species sub-ACL for Atlantic halibut is allo- specified in § 648.80(b)(3). cated to another fishery, consistent (F) Atlantic halibut. If NMFS deter- with the process specified at mines the overall ACL for Atlantic hal- § 648.90(a)(4), and there are AMs for that ibut is exceeded, as described in this fishery, the multispecies fishery AM paragraph (a)(5)(i)(F), by any amount shall only be implemented if the sub- greater than the management uncer- ACL allocated to the multispecies fish- tainty buffer, the applicable AM areas ery is exceeded (i.e., the sector and shall be implemented and any vessel common pool catch for a particular issued a Federal permit for any fishery stock, including the common pool’s management plan may not fish for, share of any overage of the overall ACL possess, or land Atlantic halibut for caused by excessive catch by other sub- the fishing year in which the AM is im- components of the fishery pursuant to plemented, as specified in paragraph § 648.90(a)(5), exceeds the common pool (a)(5)(i)(F) of this section. Vessels sub-ACL) and the overall ACL is also issued only a charter/party permit, exceeded. and/or an Atlantic highly migratory species angling permit, and/or an At- ATLANTIC HALIBUT TRAWL GEAR AM AREA lantic highly migratory species char- Point N latitude W longitude ter/headboat permit are exempt from the AM. A vessel issued a permit that 1 ...... 42°00′ 69°20′ is not exempt from the AM in addition 2 ...... 42°00′ 68°20′ 3 ...... 41°30′ 68°20′ to an exempt permit may not fish for, 4 ...... 41°30′ 69°20′ possess, or land Atlantic halibut for the fishing year in which the AM is im- plemented. If the overall ACL is ex- ATLANTIC HALIBUT GILLNET GEAR AM AREA ceeded by more than 20 percent, the ap- Point N latitude W longitude plicable AM area(s) for the stock shall be implemented, as specified in para- 1 ...... 43°10′ 69°40′ 2 ...... 43°10′ 69°30′ graph (a)(5)(i)(F) of this section, and 3 ...... 43°00′ 69°30′ the Council shall revisit the AM in a 4 ...... 43°00′ 69°40′ future action. The AM areas defined below are bounded by the following co- (G) Atlantic wolffish. If NMFS deter- ordinates, connected in the order listed mines the overall ACL for Atlantic by rhumb lines, unless otherwise noted. wolffish is exceeded, as described in Any vessel issued a limited access NE this paragraph (a)(5)(i)(G), by any multispecies permit and fishing with amount greater than the management trawl gear in the Atlantic Halibut uncertainty buffer, the applicable AM Trawl Gear AM Area may only use a areas shall be implemented, as speci- haddock separator trawl, as specified fied in this paragraph (a)(5)(i)(G). If the in § 648.85(a)(3)(iii)(A); a Ruhle trawl, as overall ACL is exceeded by more than specified in § 648.85(b)(6)(iv)(J)(3); a rope 20 percent, the applicable AM area(s) separator trawl, as specified in for the stock shall be implemented, as

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specified in this paragraph (a)(5)(i)(G), ATLANTIC WOLFFISH FIXED GEAR AM AREA 2 and the Council shall revisit the AM in a future action. The AM areas defined Point N latitude W longitude below are bounded by the following co- 1 ...... 42°30′ 70°20′ ordinates, connected in the order listed 2 ...... 42°30′ 70°15′ 3 ...... 42°20′ 70°15′ by rhumb lines, unless otherwise noted. 4 ...... 42°20′ 70°20′ Any vessel issued a limited access NE multispecies permit and fishing with (H) Ocean pout. Unless otherwise trawl gear in the Atlantic Wolffish specified in paragraphs (a)(5)(i)(E)(5) Trawl Gear AM Area may only use a and (6) of this section, if NMFS deter- haddock separator trawl, as specified mines the total catch exceeds the over- in § 648.85(a)(3)(iii)(A); a Ruhle trawl, as all ACL for ocean pout, as described in specified in § 648.85(b)(6)(iv)(J)(3); a rope paragraph (a)(5)(i)(E) of this section, by separator trawl, as specified in any amount greater than the manage- § 648.84(e); or any other gear approved ment uncertainty buffer up to 20 per- consistent with the process defined in cent greater than the overall ACL, the § 648.85(b)(6). When in effect, a limited applicable small AM area for the stock access NE multispecies permitted ves- shall be implemented, as specified in sel with gillnet or longline gear may paragraph (a)(5)(i)(E) of this section, not fish or be in the Atlantic Wolffish consistent with the Administrative Fixed Gear AM Areas, unless transiting Procedure Act. If the overall ACL is ex- with its gear stowed and not available ceeded by more than 20 percent, large for immediate use as defined in § 648.2, AM area(s) for the stock shall be im- or such gear was approved consistent plemented, as specified in paragraph with the process defined in § 648.85(b)(6). (a)(5)(i)(E) of this section, consistent If a sub-ACL for Atlantic wolffish is al- with the Administrative Procedure located to another fishery, consistent Act. The AM areas for ocean pout are with the process specified at defined in paragraph (a)(5)(i)(E)(4) of § 648.90(a)(4), and AMs are developed for this section, connected in the order that fishery, the multispecies fishery listed by rhumb lines, unless otherwise AM shall only be implemented if the noted. Vessels fishing with trawl gear sub-ACL allocated to the multispecies in these areas may only use a haddock fishery is exceeded (i.e., the sector and separator trawl, as specified in common pool catch for a particular § 648.85(a)(3)(iii)(A); a Ruhle trawl, as stock, including the common pool’s specified in § 648.85(b)(6)(iv)(J)(3); a rope share of any overage of the overall ACL separator trawl, as specified in caused by excessive catch by other sub- § 648.84(e); or any other gear approved components of the fishery pursuant to consistent with the process defined in § 648.90(a)(5), exceeds the common pool § 648.85(b)(6). sub-ACL) and the overall ACL is also (ii) AMs if the overall ACL for a regu- exceeded. lated species or ocean pout stock is ex- ceeded. If the catch of any stock of reg- ATLANTIC WOLFFISH TRAWL GEAR AM AREA ulated species or ocean pout by vessels Point N latitude W longitude fishing outside of the NE multispecies fishery; vessels fishing in state waters 1 ...... 42°30′ 70°30′ outside of the FMP; or vessels fishing 2 ...... 42°30′ 70°15′ 3 ...... 42°15′ 70°15′ in exempted fisheries, as defined in this 4 ...... 42°15′ 70°10′ part, exceeds the sub-component of the 5 ...... 42°10′ 70°10′ ACL for that stock specified for such 6 ...... 42°10′ 70°20′ 7 ...... 42°20′ 70°20′ fisheries pursuant to paragraphs 8 ...... 42°20′ 70°30′ (a)(4)(iii)(A) through (G) of this sec- tion, and the overall ACL for that ATLANTIC WOLFFISH FIXED GEAR AM AREA 1 stock is exceeded, then the amount of the overage of the overall ACL for that Point N latitude W longitude stock due to catch from vessels fishing 1 ...... 41°40′ 69°40′ outside of the NE multispecies fishery 2 ...... 41°40′ 69°30′ shall be distributed among components 3 ...... 41°30′ 69°30′ of the NE multispecies fishery based ° ′ ° ′ 4 ...... 41 30 69 40 upon each component’s share of that

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stock’s ACL available to the NE multi- the Administrative Procedure Act, species fishery pursuant to paragraph prior to the start of the next NE multi- (a)(4)(iii)(H) of this section. Each com- species fishing year after which the ponent’s share of the ACL overage for a overage occurred, if possible, or as soon particular stock would be then added as possible thereafter if the overage is to the catch of that stock by each com- not determined until after the end of ponent of the NE multispecies fishery the NE multispecies fishing year in to determine if the resulting sum of which the overage occurred. catch of that stock for each component (iv) AMs if the sub-ACL for the Atlantic of the fishery exceeds that individual sea scallop fishery is exceeded. At the end component’s share of that stock’s ACL of the scallop fishing year, NMFS will available to the NE multispecies fish- evaluate whether Atlantic sea scallop ery. If the total catch of that stock by fishery catch exceeded the sub-ACLs any component of the NE multispecies for any groundfish stocks allocated to fishery exceeds the amount of the ACL the scallop fishery. On January 15, or specified for that component of the NE when information is available to make multispecies fishery pursuant to para- an accurate projection, NMFS will also graph (a)(4)(iii)(H) of this section, then determine whether total catch exceed- the AMs specified in paragraphs ed the overall ACL for each stock allo- (a)(5)(i)(A) through (C) of this section cated to the scallop fishery. When eval- shall take effect, as applicable. If the uating whether total catch exceeded catch of any stock of regulated species the overall ACL, NMFS will add the or ocean pout by vessels outside of the maximum carryover available to sec- FMP exceeds the sub-component of the tors, as specified at § 648.87(b)(1)(i)(C), ACL for that stock specified pursuant to the estimate of total catch for the to paragraphs (a)(4)(iii)(A) through (C) pertinent stock. of this section, but the overall ACL for (A) Threshold for implementing the At- that stock is not exceeded, even after lantic sea scallop fishery AMs. If scallop consideration of the catch of that fishery catch exceeds the scallop fish- stock by other sub-components of the ery sub-ACLs for any groundfish stocks fishery, then the AMs specified in this in paragraph (a)(4) of this section by 50 paragraph (a)(5)(ii) shall not take ef- percent or more, or if scallop fishery fect. catch exceeds the scallop fishery sub- (iii) AMs if the incidental catch cap for ACL by any amount and total catch ex- the Atlantic herring fishery is exceeded. ceeds the overall ACL for a given At the end of the NE multispecies fish- stock, then the applicable scallop fish- ing year, NMFS shall evaluate Atlantic ery AM will take effect, as specified in herring fishery catch using VTR, VMS, § 648.64 of the Atlantic sea scallop regu- IVR, observer data, and any other lations. available information to determine (B) 2017 and 2018 fishing year threshold whether a haddock incidental catch for implementing the Atlantic sea scallop cap has been exceeded based upon the fishery AMs for Northern windowpane cumulative catch of vessels issued an flounder. For the 2017 and 2018 fishing Atlantic herring permit and fishing years only, if scallop fishery catch ex- with midwater trawl gear in Manage- ceeds the northern windowpane floun- ment Areas 1A, 1B, and/or 3. If the der sub-ACL specified in paragraph catch of haddock by all vessels issued (a)(4) of this section, and total catch an Atlantic herring permit and fishing exceeds the overall ACL for that stock, with midwater trawl gear in Manage- then the applicable scallop fishery AM ment Areas 1A, 1B, and/or 3, exceeds will take effect, as specified in § 648.64 the amount of the incidental catch cap of the Atlantic sea scallop regulations. specified in § 648.90(a)(4)(iii)(D) of this For the 2019 fishing year and onward, section, then the appropriate inci- the threshold for implementing scallop dental catch cap shall be reduced by fishery AMs for northern windowpane the overage on a pound-for-pound basis flounder will return to that listed in during the following fishing year. Any paragraph (a)(5)(iv)(A) of this section. overage reductions shall be announced (C) 2018 fishing year threshold for im- by the Regional Administrator in the plementing the Atlantic sea scallop fish- FEDERAL REGISTER, accordance with ery AM for SNE/MA yellowtail flounder.

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For the 2018 fishing year, if the scallop there is sufficient time to do so in a fishery catch exceeds its SNE/MA manner consistent with the Adminis- yellowtail flounder sub-ACL specified trative Procedure Act. Otherwise, the in paragraph (a)(4) of this section, and AM shall be implemented in the second total catch exceeds the overall ACL for fishing year after the fishing year in that stock, then the applicable scallop which the overage occurred. For exam- fishery AM will take effect, as specified ple, if NMFS determined after the start in § 648.64 of the Atlantic sea scallop of Year 2 that the small-mesh fisheries regulations. Beginning in fishing year sub-ACL for GB yellowtail flounder 2019, the threshold for implementing was exceeded in Year 1, the applicable scallop fishery AMs for SNE/MA AM would be implemented at the start yellowtail flounder listed in paragraph of Year 3. If updated catch information (a)(5)(iv)(A) of this section will be in ef- becomes available subsequent to the fect. implementation of an AM that indi- (D) 2017 through 2020 fishing year cates that an overage of the small- threshold for implementing the Atlantic mesh fisheries sub-ACL did not occur, sea scallop fishery AM for GB yellowtail NMFS shall rescind the AM, consistent flounder. For the 2017, 2018, 2019, and with the Administrative Procedure 2020 fishing years, if scallop fishery Act. catch exceeds the GB yellowtail floun- (6) Specifications process—(i) PDT rec- der sub-ACL specified in paragraph ommendations. Unless otherwise devel- (a)(4) of this section, and total catch oped pursuant to the biennial review exceeds the overall ACL for that stock, process specified in paragraph (a)(2) of then the applicable scallop fishery AM this section, the PDT shall develop rec- will take effect, as specified in § 648.64 ommendations for setting ACLs for of the Atlantic sea scallop regulations. each regulated species or ocean pout, For the 2021 fishing year and onward, including ACLs for stocks managed by the threshold for implementing scallop the Understanding; revising rebuilding fishery AMs for GB yellowtail flounder programs and associated management will return to that listed in paragraph measures; or modifying AMs for consid- (a)(5)(iv)(A) of this section. eration by the Council’s Groundfish (v) AM if the small-mesh fisheries GB Oversight Committee based upon the yellowtail flounder sub-ACL is exceeded. SAFE report prepared pursuant to If NMFS determines that the sub-ACL paragraph (a)(1) of this section. If the of GB yellowtail flounder allocated to Council determines, based on informa- the small-mesh fisheries, pursuant to tion provided by the PDT or other paragraph (a)(4)(iii)(G) of this section, stock-related information, that the is exceeded, NMFS shall implement the ACLs should be adjusted between bien- AM specified in this paragraph con- nial reviews, it can do so through the sistent with the Administrative Proce- same process outlined in this section dures Act. The AM requires that small- during the interim year. mesh fisheries vessels, as defined in (ii) Guidelines. As the basis for its paragraph (a)(4)(iii)(G)(1) of this sec- recommendations under paragraph tion, use one of the following approved (a)(5)(i) of this section, the PDT shall selective trawl gear in the GB review available data pertaining to: yellowtail flounder stock area, as de- Commercial and recreational catch fined at § 648.85(b)(6)(v)(H): A haddock data; current estimates of fishing mor- separator trawl, as specified in tality; discards; stock status; recent § 648.85(a)(3)(iii)(A); a Ruhle trawl, as estimates of recruitment; virtual popu- specified in § 648.85(b)(6)(iv)(J)(3); a rope lation analysis results and other esti- separator trawl, as specified in mates of stock size; sea sampling and § 648.84(e); a large-mesh belly panel trawl survey data or, if sea sampling trawl, as specified in § 648.84(f); or any data are unavailable, length frequency other gear approved consistent with information from trawl surveys; im- the process defined in § 648.85(b)(6). If pact of other fisheries on herring mor- reliable information is available, the tality; and any other relevant informa- AM shall be implemented in the fishing tion. year immediately following the year in (iii) Groundfish Oversight Committee which the overage occurred only if recommendations. Based on the PDT’s

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recommendations and any public com- programs; as well as changes to the ap- ment received, the Groundfish Over- propriate specifications. sight Committee shall recommend to (iii) Taking into account the annual the Council appropriate specifications review and/or specifications package a period of at least 1 year. The Council described in paragraphs (b)(2) and shall review these recommendations (b)(4), respectively, of this section, the and, after considering public comment, advice of the SSC, and any other rel- shall recommend appropriate specifica- evant information, the Whiting PDT tions to NMFS. NMFS shall review the may also recommend to the Whiting recommendations and publish proposed Oversight Committee and Council specifications in a manner consistent changes to stock status determination with the Administrative Procedure criteria and associated thresholds Act. If the proposed specifications dif- based on the best scientific informa- fer from those recommended by the tion available, including information Council, the reasons for any differences from peer-reviewed stock assessments shall be clearly stated. of small-mesh multispecies. These ad- (iv) Analysis. Any specifications justments may be included in the package developed pursuant to this Council’s specifications for the small- paragraph (a)(5) shall be supported by mesh multispecies fishery. the appropriate NEPA analysis, which (iv) Council recommendation. (A) The shall be made available for public com- Council shall review the recommenda- ment. tions of the Whiting PDT, Whiting (b) Small-mesh multispecies—(1) Three- Oversight Committee, and SSC, any year specifications process, annual re- public comment received thereon, and view, and specifications package. The any other relevant information, and Council shall specify on at least a 3- make a recommendation to the Re- year basis the OFL, ABC, ACLs, and gional Administrator on appropriate TALs for each small-mesh multispecies specifications and any measures nec- stock in accordance with the following essary to assure that the specifications process. will not be exceeded. (i) At least every 3 years, based on (B) The Council’s recommendation the annual review, described below in must include supporting documenta- paragraph (b)(3) of this section, and/or tion, as appropriate, concerning the en- the specifications package, described in vironmental, economic, and social im- paragraph (b)(4) of this section, rec- pacts of the recommendations. The Re- ommendations for ABC from the SSC, gional Administrator will consider the and any other relevant information, recommendations and publish a rule in the Whiting PDT shall recommend to the FEDERAL REGISTER proposing speci- the Whiting Oversight Committee and fications and associated measures, con- Council specifications including the sistent with the Administrative Proce- OFL, ABC, ACL, and TAL for each dure Act. small-mesh multispecies stock for a pe- (C) The Regional Administrator may riod of at least 3 years. The Whiting propose specifications different than PDT and the Council shall follow the those recommended by the Council. If process in paragraph (b)(2) of this sec- the specifications published in the FED- tion for setting these specifications. ERAL REGISTER differ from those rec- (ii) The Whiting PDT, after reviewing ommended by the Council, the reasons the available information on the status for any differences must be clearly of the stock and the fishery, may rec- stated and the revised specifications ommend to the Council any measures must satisfy the criteria set forth in necessary to assure that the specifica- this section, the FMP, and other appli- tions will not be exceeded; changes to cable laws. the SBRM, including the CV-based per- (D) If the final specifications are not formance standard, the means by published in the FEDERAL REGISTER for which discard data are collected/ob- the start of the fishing year, the pre- tained, fishery stratification, the proc- vious year’s specifications will remain ess for prioritizing observer sea-day al- in effect until superseded by the final locations, reports, and/or industry- rule implementing the current year’s funded observers or observer set aside specifications, to ensure that there is

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no lapse in regulations while new speci- the ABCs must be less than or equal to fications are completed. the OFLs. (2) Process for specifying ABCs, ACLs, (B) ACLs. The northern silver hake and TALs. The Whiting PDT shall cal- and southern whiting ACLs are equal culate the OFL and ABC values for to 95 percent of the ABCs. each small-mesh multispecies stock (C) TALs. (1) The northern silver based on the control rules established hake and southern whiting TALs are in the FMP. These calculations shall be equal to the northern silver hake and reviewed by the SSC, guided by terms southern whiting ACLs minus a discard of reference developed by the Council. estimate based on the most recent 3 The ACLs and TALs shall be calculated years of data and then reduced by 3 based on the SSC’s approved ABCs, as percent to account for silver hake and specified in paragraphs (a)(2)(i)(A) offshore hake landings that occur in through (C), and (a)(2)(ii)(A) through state waters. (C) of this section. (2) If more than two-thirds of the (i) Red hake—(A) ABCs. The Council’s southern whiting TAL is harvested in a SSC will recommend an ABC to the single year, the Regional Adminis- Council for both the northern and trator shall consult with the Council southern stocks of red hake. The red and will consider implementing quar- hake ABCs are reduced from the OFLs terly TALs in the following fishing based on an adjustment for scientific year, as proscribed in the FMP and in uncertainty as specified in the FMP; a manner consistent with the require- the ABCs must be less than or equal to ments of the Administrative Procedure the OFL. Act. (B) ACLs. The red hake ACLs are equal to 95 percent of the cor- (3) Annual Review. (i) Using a report responding ABCs. provided by NMFS that includes trends (C) TALs. (1) The red hake TALs are in the fishery, changes in stock bio- equal to the northern red hake and mass, and total catch data, the Whit- southern red hake ACLs minus a dis- ing PDT shall meet at least once annu- card estimate based on the most recent ally to review the status of the stock 3 years of data and then reduced by 3 and the fishery and the adequacy of the percent to account for silver hake and 3-year specifications. Based on such re- offshore hake landings that occur in view, the PDT shall provide a report to state waters. the Council on any changes or new in- (2) If more than two-thirds of the formation about the small-mesh multi- southern red hake TAL is harvested in species stocks and/or fishery, and it a single year, the Regional Adminis- shall recommend whether the speci- trator shall consult with the Council fications for the upcoming year(s), es- and will consider implementing quar- tablished pursuant to paragraph (b)(1) terly TALs in the following fishing of this section, need to be modified. At year, as proscribed in the FMP and in a minimum, this review should include a manner consistent with the require- a review of at least the following data, ments of the Administrative Procedure if available: Commercial catch data; Act. discards; stock status (exploitation (ii) Silver and Offshore Hake—(A) rate and survey biomass); sea sam- ABCs. The Council’s SSC will rec- pling, port sampling, and survey data ommend an ABC to the Council for or, if sea sampling data are unavail- both the northern and southern stocks able, length frequency information of silver hake. The ABC for the south- from port sampling and/or surveys; im- ern stock of silver hake will be in- pact of other fisheries on the mortality creased by 4 percent to account for of small-mesh multispecies; and any catch of offshore hake. The combined other relevant information. silver hake and offshore hake ABC in (ii) If new and/or additional informa- the southern area will be the southern tion becomes available, the Whiting whiting ABC. The silver hake and whit- PDT shall consider it during this an- ing ABCs are reduced from the OFLs nual review. Based on this review, the based on an adjustment for scientific Whiting PDT shall provide guidance to uncertainty as specified in the FMP; the Whiting Oversight Committee and

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the Council regarding the need to ad- ACL was exceeded through notification just measures for the small-mesh consistent with the Administrative multispecies fishery to better achieve Procedure Act. For example, if the in- the FMP’s objectives. After considering season adjustment trigger is 90 per- this guidance, the Council may submit cent, and an ACL is exceeded by 5 per- to NMFS its recommendations for cent, the adjustment trigger for the changes to management measures, as stock whose ACL was exceeded would appropriate, through the specifications be reduced to 85 percent for subsequent process described in this section, the fishing years. process specified in paragraph (c) of (iii) Small-mesh multispecies in-season this section, or through an amendment adjustment triggers. The small-mesh to the FMP. multispecies in-season accountability (4) Specifications package. (i) The measure adjustment triggers are as fol- Whiting PDT shall prepare a specifica- lows: tion package, including a SAFE Re- In-season port, at least every 3 years. Based on Species adjustment the specification package, the Whiting trigger (percent) PDT shall develop and present to the Council recommended specifications as Northern Red Hake ...... 37.9 defined in paragraph (a) of this section Northern Silver Hake ...... 90 Southern Red Hake ...... 40.4 for up to 3 fishing years. The specifica- Southern Silver Hake ...... 90 tions package shall be the primary ve- hicle for the presentation of all up- (c) Within season management action dated biological and socio-economic in- for NE multispecies, including small-mesh formation regarding the small-mesh NE multispecies. The Council may, at multispecies fishery. The specifications any time, initiate action to add or ad- package shall provide source data for just management measures if it finds any adjustments to the management that action is necessary to meet or be measures that may be needed to con- consistent with the goals and objec- tinue to meet the goals and objectives tives of the NE Multispecies FMP, to of the FMP. The specifications package address gear conflicts, or to facilitate may include modifications to the OFL, the development of aquaculture ABC, ACL, TAL, possession limits, and projects in the EEZ. This procedure in-season possession limit triggers. may also be used to modify FMP over- (ii) In any year in which a specifica- fishing definitions and fishing mor- tions package, including a SAFE Re- tality targets that form the basis for port, is not completed by the Whiting selecting specific management meas- PDT, the annual review process de- ures. scribed in paragraph (a) of this section (1) Adjustment process. (i) After a shall be used to recommend any nec- management action has been initiated, essary adjustments to specifications the Council shall develop and analyze and/or management measures in the appropriate management actions over FMP. the span of at least two Council meet- (5) Accountability measures for the ings. The Council shall provide the small-mesh multispecies fishery—(i) In- public with advance notice of the avail- season adjustment of possession limits. In- ability of both the proposals and the season adjustment accountability analyses and opportunity to comment measures for the small-mesh multispe- on them prior to and at the second cies fishery are specified in accordance Council meeting. The Council’s rec- with the procedures in § 648.86(d)(4). ommendation on adjustments or addi- (ii) Post-season adjustment for an over- tions to management measures, other age. If NMFS determines that a small- than to address gear conflicts, must mesh multispecies ACL was exceeded come from one or more of the following in a given fishing year, the in-season categories: DAS changes; effort moni- accountability measure adjustment toring; data reporting; possession lim- trigger, as specified in paragraph its; gear restrictions; closed areas; per- (b)(5)(iii) of this section, shall be re- mitting restrictions; crew limits; min- duced in a subsequent fishing year by 1 imum fish sizes; onboard observers; percent for each 1 percent by which the minimum hook size and hook style; the

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use of crucifer in the hook-gear fishery; ess for prioritizing observer sea-day al- sector requirements; recreational fish- locations, reports, and/or industry- ing measures; area closures and other funded observers or observer set aside appropriate measures to mitigate ma- programs. rine mammal entanglements and inter- (iii) Adjustment process for whiting actions; description and identification DAS. The Council may develop rec- of EFH; fishing gear management ommendations for a whiting DAS effort measures to protect EFH; designation reduction program through the frame- of habitat areas of particular concern work process outlined in paragraph (c) within EFH; changes to the SBRM, in- of this section only if these options are cluding the CV-based performance accompanied by a full set of public standard, the means by which discard hearings that span the area affected by data are collected/obtained, fishery the proposed measures in order to pro- stratification, the process for vide adequate opportunity for public prioritizing observer sea-day alloca- comment. tions, reports, and/or industry-funded (2) Adjustment process for gear con- observers or observer set aside pro- flicts. The Council may develop a rec- grams; and any other management ommendation on measures to address measures currently included in the gear conflicts as defined under 50 CFR FMP. 600.10, in accordance with the proce- (ii) The Council’s recommendation on dures specified in § 648.55 (d) and (e). adjustments or additions to manage- (3) Council recommendation. After de- ment measures pertaining to small- veloping management actions and re- mesh NE multispecies, other than to ceiving public testimony, the Council address gear conflicts, must come from shall make a recommendation to the one or more of the following cat- Regional Administrator. The Council’s egories: Quotas and appropriate sea- recommendation must include sup- sonal adjustments for vessels fishing in porting rationale and, if management experimental or exempted fisheries measures are recommended, an anal- that use small mesh in combination ysis of impacts and a recommendation with a separator trawl/grate (if applica- to the Regional Administrator on ble); modifications to separator grate whether to issue the management (if applicable) and mesh configurations measures as a final rule, consistent for fishing for small-mesh NE multi- with the Administrative Procedure species; adjustments to whiting stock Act. If the Council recommends that boundaries for management purposes; the management measures should be adjustments for fisheries exempted issued as a final rule, the Council must from minimum mesh requirements to consider at least the following factors fish for small-mesh NE multispecies (if and provide support and analysis for applicable); season adjustments; dec- each factor considered: larations; participation requirements (i) Whether the availability of data for any of the Gulf of Maine/Georges on which the recommended manage- Bank small-mesh multispecies exemp- ment measures are based allows for tion areas; OFL and ABC values; ACL, adequate time to publish a proposed TAL, or TAL allocations, including the rule, and whether regulations have to proportions used to allocate by season be in place for an entire harvest/fishing or area; small-mesh multispecies pos- season. session limits, including in-season AM (ii) Whether there has been adequate possession limits; changes to reporting notice and opportunity for participa- requirements and methods to monitor tion by the public and members of the the fishery; and biological reference affected industry in the development of points, including selected reference the Council’s recommended manage- time series, survey strata used to cal- ment measures. culate biomass, and the selected survey (iii) Whether there is an immediate for status determination; and changes need to protect the resource. to the SBRM, including the CV-based (iv) Whether there will be a con- performance standard, the means by tinuing evaluation of management which discard data are collected/ob- measures adopted following their im- tained, fishery stratification, the proc- plementation as a final rule.

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(4) Regional Administrator action. If (2) After examining the facts, the Re- the Council’s recommendation includes gional Administrator shall, within the adjustments or additions to manage- deadlines specified in Amendment 3, ment measures, after reviewing the provide the technical analysis required Council’s recommendation and sup- by Amendment 3. porting information: (3) The NEFMC shall prepare an eco- (i) If the Regional Administrator con- nomic impact analysis of the potential curs with the Council’s recommended management options under consider- management measures and determines ation within the deadlines specified in that the recommended management Amendment 3. measures should be issued as a final (4) Copies of the analysis and reports rule, based on the factors specified in prepared by the Regional Adminis- paragraph (c)(3) of this section, the trator and the NEFMC shall be made measures will be issued as a final rule available for public review at the in the FEDERAL REGISTER, consistent NEFMC’s office and the Committee with the Administrative Procedure shall hold a meeting/public hearing, at Act. which time it shall review the analysis (ii) If the Regional Administrator and reports and request public com- concurs with the Council’s rec- ments. Upon review of all available ommendation and determines that the sources of information, the Committee recommended management measures shall determine what course of action should be published first as a proposed is warranted by the facts and make a rule, the measures will be published as recommendation, consistent with the a proposed rule in the FEDERAL REG- provisions of Amendment 3 to the Re- ISTER. After additional public com- gional Administrator. ment, if the Regional Administrator (5) By the deadline set in Amendment concurs with the Council’s rec- 3 the Regional Administrator shall ei- ommendation, the measures will be ther accept or reject the Committee’s issued as a final rule in the FEDERAL recommendation. If the recommended REGISTER. action is consistent with the record es- (iii) If the Regional Administrator tablished by the fact-finding report, does not concur, the Council will be no- impact analysis, and comments re- tified in writing of the reasons for the ceived at the public hearing, he/she non-concurrence. shall accept the Committee’s rec- (d) Flexible Area Action System. (1) The ommendation and implement it Chair of the Multispecies Oversight through notification in the FEDERAL Committee, upon learning of the pres- REGISTER and by notice sent to all ves- ence of discard problems associated sel owners holding multispecies per- with large concentrations of juvenile, mits. The Regional Administrator shall sublegal, or spawning multispecies, also use other appropriate media, in- shall determine if the situation war- cluding, but not limited to, mailings to rants further investigation and pos- the news media, fishing industry asso- sible action. In making this determina- ciations and radio broadcasts, to dis- tion, the Committee Chair shall con- seminate information on the action to sider the amount of discard of regu- be implemented. lated species, the species targeted, the (6) Once implemented, the Regional number and types of vessels operating Administrator shall monitor the af- in the area, the location and size of the fected area to determine if the action area, and the resource condition of the is still warranted. If the Regional Ad- impacted species. If he/she determines ministrator determines that the cir- it is necessary, the Committee Chair cumstances under which the action was will request the Regional Adminis- taken, based on the Regional Adminis- trator to initiate a fact finding inves- trator’s report, the NEFMC’s report, tigation to verify the situation and and the public comments, are no longer publish notification in the FEDERAL in existence, he/she shall terminate the REGISTER requesting public comments action by notification in the FEDERAL in accordance with the procedures REGISTER. therefore in Amendment 3 to the NE (7) Actions taken under this section Multispecies FMP. will ordinarily become effective upon

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the date of filing with the Office of the (c) Gear restrictions—(1) Minimum mesh Federal Register. The Regional Admin- size—(i) Trawl nets while on a monkfish istrator may determine that facts war- DAS. Except as provided in paragraph rant a delayed effective date. (c)(1)(ii) of this section, the minimum (e) Nothing in this section is meant mesh size for any trawl net, including to derogate from the authority of the beam trawl nets, used by a vessel fish- Secretary to take emergency action ing under a monkfish DAS is 10-inch and interim measures under section (25.4-cm) square or 12-inch (30.5-cm) di- 305(c) of the Magnuson-Stevens Act. amond mesh throughout the codend for [69 FR 22984, Apr. 27, 2004] at least 45 continuous meshes forward of the terminus of the net. The min- EDITORIAL NOTE: For FEDERAL REGISTER ci- imum mesh size for the remainder of tations affecting § 648.90, see the List of CFR the trawl net is the regulated mesh size Sections Affected, which appears in the Finding Aids section of the printed volume specified under § 648.80(a)(3), (a)(4), and at www.govinfo.gov. (b)(2)(i), or (c)(2)(i) of the Northeast multispecies regulations, depending § 648.91 Monkfish regulated mesh upon and consistent with the NE areas and restrictions on gear and multispecies regulated mesh area being methods of fishing. fished. All vessels fishing for, possessing or (ii) Trawl nets while on a monkfish and landing monkfish must comply with NE multispecies DAS. Vessels issued a the following minimum mesh size, Category C, D, G, or H limited access gear, and methods of fishing require- monkfish permit and fishing with trawl ments, unless otherwise exempted or gear under both a monkfish and NE prohibited: multispecies DAS are subject to the (a) Northern Fishery Management Area minimum mesh size allowed under reg- (NFMA)—Area definition. The NFMA ulations governing mesh size at (copies of a chart depicting the area § 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), are available from the Regional Ad- depending upon, and consistent with, ministrator upon request) is that area the NE multispecies regulated mesh defined by a line beginning at the area being fished, unless otherwise intersection of 70° W. longitude and the specified in this paragraph (c)(1)(ii). south-facing shoreline of Cape Cod, MA Trawl vessels participating in the Off- (point A), then southward along 70° W. shore Fishery Program, as described in longitude to 41° N. latitude, then east- § 648.95, and that have been issued a ward to the U.S.-Canada maritime Category F monkfish limited access boundary, then in a northerly direction permit, are subject to the minimum along the U.S.-Canada maritime bound- mesh size specified in paragraph ary until it intersects the Maine shore- (c)(1)(i) of this section. line, and then following the coastline (iii) Gillnets while on a monkfish DAS. in a southerly direction until it inter- The minimum mesh size for any sects with point A. gillnets used by a vessel fishing under (b) Southern Fishery Management Area a monkfish DAS is 10-inch (25.4-cm) di- (SFMA)—Area definition. The SFMA amond mesh, unless: (copies of a chart depicting the area are available from the Regional Ad- (A) The owner or operator of a lim- ministrator upon request) is that area ited access NE multispecies vessel fish- defined by a line beginning at point A, ing under a NE multispecies category then in a southerly direction to the A DAS with gillnet gear in the NFMA NC-SC border, then due east to the 200– changes the vessel’s DAS declaration mile limit, then in a northerly direc- to a monkfish DAS through the ves- tion along the 200–mile limit to the sel’s VMS unit during the course of the U.S.-Canada maritime boundary, then trip in accordance with the provisions in a northwesterly direction along the specified under § 648.92(b)(1)(iii); U.S.-Canada maritime boundary to 41° (B) A vessel issued a Category C or D N. latitude, and then westward to 70° limited access monkfish permit is fish- W. longitude, and finally north to the ing under both a monkfish and NE shoreline at Cape Cod, MA (point A). multispecies Category A DAS in the

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SFMA using roundfish gillnets, as de- except as otherwise provided in this fined at § 648.2, with 6.5-inch (16.5-cm) part. diamond mesh; (1) End of year carryover. With the ex- (C) A vessel issued a limited access ception of a vessel that held a Con- monkfish permit is fishing on a firmation of Permit History, as de- monkfish-only DAS in the Mid-Atlan- scribed in § 648.4(a)(1)(i)(J), for the en- tic Exemption Area using roundfish tire fishing year preceding the carry- gillnets with a minimum mesh size of 5 over year, a limited access monkfish inches (12.7 cm) in accordance with the vessel that has unused monkfish DAS provisions specified under § 648.80(c)(5); on the last day of April of any year or may carry over a maximum of 4 unused (D) A vessel issued a limited access monkfish DAS into the next fishing monkfish permit is fishing on a year. A vessel whose DAS have been monkfish-only DAS in the Southern sanctioned through enforcement pro- New England Dogfish Exemption Area ceedings shall be credited with unused using roundfish gillnets with a min- DAS based on its DAS allocation minus imum mesh size of 6 inches (15.2 cm) in any DAS that have been sanctioned. accordance with the provisions speci- (2) [Reserved] fied under § 648.80(b)(7). (b) Monkfish DAS program—permit cat- (iv) Authorized gear while on a egories and allocations—(1) Limited access monkfish and scallop DAS. Vessels monkfish permit holders—(i) General pro- issued a Category C, D, G, or H limited vision. Each vessel issued a limited ac- access monkfish permit and fishing cess monkfish permit shall be allocated under a monkfish and scallop DAS may 46 monkfish DAS each fishing year, only fish with and use a trawl net with which must be used in accordance with a mesh size no smaller than that speci- the provisions of this paragraph (b), fied in paragraph (c)(1)(i) of this sec- unless the permit is enrolled in the Off- tion. shore Fishery Program in the SFMA, (2) Other gear restrictions. (i) A vessel as specified in paragraph (b)(1)(iv) of may not fish with dredges or have this section. The annual allocation of dredges on board while fishing under a monkfish DAS to each limited access monkfish DAS. monkfish permit shall be reduced by (ii) All other non-conforming gear the amount calculated in paragraph must be stowed and not available for (b)(1)(v) of this section for the research immediate use as defined in § 648.2. DAS set-aside. Unless otherwise speci- (iii) The mesh size restrictions in fied in paragraph (b)(2) of this section paragraph (c)(1) of this section do not or under this subpart F, a vessel issued apply to nets or pieces of nets smaller a limited access NE multispecies or than 3 ft (0.9 m) × 3 ft (0.9 m), (9 ft2 (0.81 limited access sea scallop permit that m2)). is also issued a limited access (3) SFMA trawl roller gear restriction. monkfish permit must use a NE multi- The roller gear diameter on any vessel species or sea scallop DAS concur- on a monkfish DAS in the SFMA may rently with each monkfish DAS uti- not exceed 6 inches (15.2 cm) in diame- lized. ter. (ii) DAS restrictions for vessels fishing in the SFMA. A vessel issued a limited [64 FR 54747, Oct. 7, 1999, as amended at 65 FR 37917, June 19, 2000; 67 FR 50323, Aug. 1, 2002; access monkfish permit may not use 70 FR 21942, Apr. 28, 2005; 72 FR 53949, Sept. more than 37 of its 46 monkfish DAS al- 21, 2007; 79 FR 52580, Sept. 4, 2014; 81 FR 58865, location in the SFMA during each fish- Aug. 26, 2016] ing year. Each vessel issued a limited access monkfish permit fishing in the § 648.92 Effort-control program for SFMA must declare that it is fishing in monkfish limited access vessels. this area through the vessel call-in sys- (a) General. A vessel issued a limited tem or VMS prior to the start of every access monkfish permit may not fish trip. In addition, if a vessel does not for, possess, retain, or land monkfish, possess a valid letter of authorization except during a DAS as allocated under from the Regional Administrator to and in accordance with the applicable fish in the NFMA as described in DAS program described in this section, § 648.94(f), NMFS shall presume that

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any monkfish DAS used were fished in cess monkfish permits issued during the SFMA. FY 2006, the number of DAS allocated (iii) DAS declaration provision for ves- to each vessel during FY 2007 would be sels fishing in the NFMA with a VMS 31 DAS minus 0.7 (500 DAS divided by unit. Any limited access NE multispe- 750 permits), or 30.3 DAS. cies vessel fishing on a sector trip or (2) Category C, D, F, G, or H limited ac- under a NE multispecies Category A cess monkfish permit holders. (i) General DAS in the NFMA, and issued an LOA provision. Unless otherwise specified in as specified in § 648.94(f), may change paragraph (b)(2)(ii) of this section, each its DAS declaration to a monkfish DAS monkfish DAS used by a vessel issued a through the vessel’s VMS unit during limited access monkfish Category C, D, the course of the trip after leaving F, G, or H permit and a limited access port, but prior to crossing the VMS de- NE multispecies or scallop DAS permit marcation line upon its return to port shall also be counted as a NE multispe- or leaving the NFMA, if the vessel ex- cies or scallop DAS, as applicable. A ceeds the incidental catch limit speci- vessel issued a limited access monkfish fied under § 648.94(c). Category C, D, F, or H permit may not (A) Vessels that change their DAS use a NE multispecies Category B Reg- declaration from a NE multispecies ular DAS under the NE Multispecies Category A DAS to a monkfish DAS Regular B DAS Program, as specified during the course of a trip remain sub- under § 648.85(b)(6), in order to satisfy ject to the NE multispecies DAS usage the requirement of this paragraph requirements (i.e., use a NE multispe- (b)(2)(i) to use a NE multispecies DAS cies Category A DAS in conjunction concurrently with a monkfish DAS. with the monkfish DAS) described in (ii) Monkfish-only DAS. When a vessel paragraph (b)(2)(i) of this section. issued a limited access monkfish Cat- (B) Gillnet vessels that change their egory C, D, F, G, or H permit and a lim- DAS declaration in accordance with ited access NE multispecies DAS per- this paragraph (b)(1)(iii) are not sub- mit has an allocation of NE multispe- ject to the gillnet minimum mesh size cies Category A DAS, specified under restrictions found at § 648.91(c)(1)(iii), § 648.82(d)(1), that is less than the num- but are subject to the smaller NE ber of monkfish DAS allocated for the multispecies minimum mesh require- fishing year May 1 through April 30, ments for gillnet vessels found under that vessel shall be allocated § 648.80 based upon the NE Multispecies ‘‘monkfish-only’’ DAS equal to the dif- Regulated Mesh Area in which the ves- ference between the number of its allo- sel is fishing. cated monkfish DAS and the number of (iv) Offshore Fishery Program DAS al- its allocated NE multispecies Category location. A vessel issued a Category F A DAS at the start of a fishing year. permit, as described in § 648.95, shall be For example, if a vessel issued a lim- allocated a prorated number of ited access monkfish Category D per- monkfish DAS as specified in mit is allocated 46 monkfish DAS and § 648.95(g)(2). 26 NE multispecies Category A DAS, it (v) Research DAS set-aside. A total of would have 20 monkfish-only DAS at 500 DAS shall be set aside and made the start of each fishing year. The available for cooperative research pro- available balance of monkfish-only grams as described in paragraph (c) of DAS may vary throughout the fishing this section. These DAS shall be de- year based upon monkfish-only DAS ducted from the total number of DAS usage and the acquisition or relin- allocated to all monkfish limited ac- quishment of NE multispecies DAS cess permit holders, as specified under under the NE Multispecies DAS Leas- paragraph (b)(1)(i) of this section. A per ing Program, as specified in paragraph vessel deduction shall be determined as (b)(2)(iii) of this section. A vessel follows: Allocated DAS minus the issued a limited access monkfish Cat- quotient of 500 DAS divided by the egory C, D, F, G, or H permit may use total number of limited access permits monkfish-only DAS without the con- issued in the previous fishing year. For current use of a NE multispecies DAS example, if the DAS allocation equals at any time throughout the fishing 31 DAS and there were 750 limited ac- year, regardless of the number of NE

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multispecies Category A DAS avail- program and that end a fishing trip able. When fishing under a monkfish- prior to setting and/or hauling fishing only DAS, the vessel must fish under gear for any reason may request a can- the regulations pertaining to a limited celled trip DAS credit for the trip access monkfish Category A or B per- based on the following conditions and mit, as applicable, and may not retain requirements. any regulated NE multispecies. For ex- (A) There is no fish onboard the ves- ample, a vessel issued a limited access sel and no fishing operations on the monkfish Category C permit must com- vessel were initiated, including setting ply with the monkfish landing limits and/or hauling fishing gear; and applicable to a Category A monkfish (B) The owner or operator of the ves- permit when fishing under a monkfish- sel fishing under a DAS program and only DAS. required to use a VMS as specified (iii) Category C, D, F, G, or H vessels under § 648.10(b) makes an initial trip that lease NE multispecies DAS. (A) A cancelation notification from sea, at vessel issued a limited access monkfish the time the trip was canceled, or at Category C, D, F, G, or H permit that the earliest opportunity prior to cross- has monkfish-only DAS, as specified in ing the demarcation line as defined at paragraph (b)(2)(ii) of this section, and § 648.10(a). These reports are in the that leases NE multispecies DAS from form of an email to NMFS Office of another vessel pursuant to § 648.82(k), Law Enforcement and include at least must fish its available monkfish-only the following information: Operator DAS in conjunction with its leased NE name; vessel name; vessel permit num- multispecies DAS, to the extent that ber; port where vessel will return; date the vessel has NE multispecies DAS trip started; estimated date/time of re- available. turn to port; and a statement from the (B) A vessel issued a limited access operator that no fish were onboard and monkfish Category C, D, F, G, or H per- no fishing activity occurred; and mit that leases NE multispecies DAS (C) The owner or operator of the ves- to another vessel(s), pursuant to sel operating under the DAS program § 648.82(k), must forfeit a monkfish DAS required to use the IVR call in as speci- for each NE multispecies DAS that the fied under § 648.10(h) makes an initial vessel leases, equal in number to the trip cancelation notification to NMFS difference between the number of re- by calling the IVR back at the time the maining NE multispecies DAS and the trip was canceled, or at the earliest op- number of unused monkfish DAS at the portunity prior to returning to port. time of the lease. For example, if a les- This request must include at least the sor vessel that had 31 unused monkfish following information: Operator name; DAS and 35 allocated NE multispecies vessel name; vessel permit number; DAS leased 10 of its NE multispecies port where vessel will return; date trip DAS to another vessel, the lessor started; estimated date/time of return would forfeit 6 of its monkfish DAS (10 to port; and a statement from the oper- ¥ (35 NE multispecies DAS–31 ator that no fish were onboard and no monkfish DAS) = 6). fishing activity occurred; and (3) Accrual of DAS. Unless otherwise (D) The owner or operator of the ves- provided in § 648.92(b)(8)(v), all sel requesting a canceled trip DAS monkfish DAS fished shall be charged credit, in addition to the requirements to the nearest minute. in paragraphs (b)(4)(ii)(B) and (C) of (4) DAS credits—(i) Good Samaritan this section, submits a written DAS credit. A limited access vessels fishing credit request form to NMFS within 30 under the DAS program and that days of the vessel’s return to port from spends time at sea assisting in a USCG the canceled trip. This application search and rescue operation or assist- must include at least the following in- ing the USCG in towing a disabled ves- formation: Date and time when the sel, and that can document the occur- vessel canceled the fishing trip; date rence through the USCG, will not ac- and time of trip departure and landing; crue DAS for the time documented. operator name; owner/corporation (ii) Canceled trip DAS credit. A limited name; permit number; hull identifica- access vessel operating under the DAS tion number; vessel name; date and

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time notification requirements speci- monkfish, roundfish, and flatfish fied under paragraphs (b)(4)(ii)(B) and gillnets, up to 150 nets total, provided (C) of this section were made; reason that the number of monkfish, for canceling the trip; and owner/oper- roundfish, and flatfish gillnets is con- ator signature and date; and sistent with the limitations of § 648.82. (E) The vessel trip report for the can- Nets may not be longer than 300 ft (91.4 celed trip as required under § 648.7(b) is m), or 50 fathoms, in length. submitted along with the DAS credit (ii) Tagging requirements. Beginning request form; and May 1, 2000, all gillnets fished, hauled, (F) For DAS credits that are re- possessed, or deployed by a vessel fish- quested near the end of the fishing year ing for monkfish under a monkfish as defined at § 648.2, and approved by DAS must have one monkfish tag per the Regional Administrator, the cred- net, with one tag secured to every ited DAS apply to the fishing year in other bridle of every net within a which the canceled trip occurred. Cred- string of nets. Tags must be obtained ited DAS that remain unused at the as described in § 648.4. A vessel operator end of the fishing year or are not cred- must account for all net tags upon re- ited until the following fishing year quest by an authorized officer. and may be carried over into the next (iii) Lost tags. A vessel owner or oper- fishing year, not to exceed the max- ator must report lost, destroyed, or imum number of carryover DAS as missing tag numbers by letter or fax to specified under paragraph (a)(1) of this the Regional Administrator within 24 section. hours after tags have been discovered (5) [Reserved] lost, destroyed, or missing. (6) Declaring monkfish DAS. A vessel’s (iv) Replacement tags. A vessel owner owner or authorized representative or operator seeking replacement of shall notify the Regional Adminis- lost, destroyed, or missing tags must trator of a vessel’s participation in the request replacement tags by letter or monkfish DAS program using the noti- fax to the Regional Administrator. A fication requirements specified in § 648.10. check for the cost of the replacement (7) Adjustments in annual monkfish tags must be received before the tags DAS allocations. Adjustments in annual will be re-issued. monkfish DAS allocations, if required (v) Method of counting DAS. A vessel to meet fishing mortality goals, may fishing with gillnet gear under a be implemented pursuant to the frame- monkfish DAS shall accrue 15 hours work adjustment procedures of § 648.96. monkfish DAS for all trips less than or (8) Gillnet restrictions—(i) Number and equal to 15 hours in duration. Such ves- size of nets—(A) Category A and B ves- sels shall accrue monkfish DAS based sels. A vessel issued a monkfish limited on actual time at sea for trips greater access Category A or B permit and fish- than 15 hours in duration. A vessel fish- ing under a monkfish DAS may not ing with gillnet gear under only a fish with, haul, possess, or deploy more monkfish DAS is not required to re- than 160 gillnets. Nets may not be move gillnet gear from the water upon longer than 300 ft (91.44 m), or 50 fath- returning to the dock and calling out oms, in length. of the DAS program, provided the ves- (B) Category C, D, F, G, and H vessels sel complies with the requirements and that possess a limited access NE multispe- conditions of paragraphs (b)(8)(i)–(v) of cies permit. A vessel issued a valid this section. A vessel fishing with monkfish limited access Category C, D, gillnet gear under a joint monkfish and F, G, or H permit that possesses a valid NE multispecies DAS, as required limited access NE multispecies permit under § 648.92(b)(2)(i), that is declared and fishing under a monkfish DAS may as a trip gillnet vessel under the NE not fish with, haul, possess, or deploy Multispecies FMP, must remove its more than 150 gillnets. A vessel issued gillnet gear from the water prior to a NE multispecies limited access per- calling out of the DAS program, as mit and a limited access monkfish per- specified at § 648.82(j)(2). mit, and fishing under a monkfish (9) Category G and H limited access per- DAS, may fish any combination of mit holders. (i) A vessel issued a limited

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access monkfish Category G or H per- mittee, the Council’s Research Steer- mit may fish under a monkfish DAS ing Committee, and other subject mat- only in the SFMA, as defined at ter experts, to review proposals sub- § 648.91(b). mitted in response to the RFP. (ii) Vessels issued valid limited ac- (A) Each panel member shall rec- cess monkfish Category G or H permit ommend which research proposals that also possess a limited access NE should be authorized to utilize the re- multispecies or limited access scallop search DAS set aside in accordance permit are subject to the same provi- with paragraph (b)(1)(iv) of this sec- sions as Category C or D vessels, re- tion, based on the selection criteria de- spectively, unless otherwise stated scribed in the RFP. under this subpart F. (10) DAS Adjustment for Trip Limit (B) NMFS and the NOAA Grants Of- Overage. Any limited access monkfish fice shall consider each panel member’s vessel, required to or voluntarily using recommendation, and NOAA shall pro- a VMS, fishing on a monkfish DAS vide final approval of the projects, and may land up to the equivalent of one notify applicants of the grant award additional day’s worth of its trip limit through written notification to the (i.e., amount of monkfish authorized project proponent. The Regional Ad- per DAS) than would otherwise be au- ministrator may exempt selected ves- thorized, provided the vessel, vessel sel(s) from regulations specified in owner, or vessel operator notifies the each of the respective FMPs through Regional Administrator of the overage the exempted fishing permit (EFP) via VMS prior to crossing the VMS de- process specified under § 600.745(b)(2). marcation line. If the vessel is not re- (iii) The grant awards approved under quired to be, or is not equipped with an the RFPs shall be for the upcoming operable VMS, the vessel, vessel oper- fishing year. Proposals to fund re- ator, or owner must notify the Re- search that would start prior to the gional Administrator via the call-in fishing year are not eligible for consid- system at least 1-hr prior to landing. eration. Multi-year grant awards may The monkfish DAS charged to the ves- be approved under an RFP for an up- sel will then be increased to equal a coming fishing year, so long as the re- full 24-hr period plus 1 minute to ac- search DAS available under subsequent count for the trip limit overage. For RFPs are adjusted to account for the example, if a vessel has the equivalent of two monkfish DAS trip limits (based approval of multi-year awards. on its permit category) on board, but (iv) Research projects shall be con- has only been declared into the ducted in accordance with provisions monkfish DAS program for 15 hr, the approved and provided in an EFP vessel, vessel owner, or vessel operator issued by the Regional Administrator, may land fish equal to the two DAS as authorized under § 600.745(b)(2). trip limits only if the Regional Admin- (v) If the Regional Administrator de- istrator of the overage is notified via termines that the annual allocation of VMS or the call-in system as described research DAS will not be used in its en- above. In this case, the monkfish DAS tirety once all of the grant awards charged to the vessel would be adjusted have been approved, the Regional Ad- from 15 hr to 24 hr and 1 minute. ministrator shall reallocate the (c) Monkfish Research—(1) DAS Set- unallocated research DAS as exempted Aside Program. (i) NMFS shall publish a DAS to be authorized as described in Request for Proposals (RFP) in the paragraph (c)(2) of this section, and FEDERAL REGISTER consistent with pro- provide notice of the reallocation of cedures and requirements established DAS in the FEDERAL REGISTER. Any al- by the NOAA Grants Office to solicit located research DAS that are not used proposals for the upcoming fishing year during the fishing year for which they that are based on research priorities are granted may be carried over into identified by the Councils. (ii) NMFS shall convene a review the next fishing year. Any unallocated panel that may include members of the research DAS may not be carried over Councils’ Monkfish Oversight Com- into the next fishing year.

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(vi) For proposals that require other Sections Affected, which appears in the regulatory exemptions that extend be- Finding Aids section of the printed volume yond the scope of the analysis con- and at www.govinfo.gov. tained in the Monkfish FMP, subse- quent amendments, or framework ad- § 648.93 Monkfish minimum fish sizes. justments, applicants may be required (a) General provisions. All monkfish to provide additional analysis of the caught by vessels issued a valid Fed- impacts of the requested exemptions eral monkfish permit must meet the before issuance of an EFP will be con- minimum fish size requirements estab- sidered. lished in this section. (2) DAS Exemption Program. (i) Vessels that seek to conduct monkfish re- MINIMUM FISH SIZES search within the current fishing year, (Total Length/Tail Length) and that were not selected in the RFP Total Length Tail Length process during the previous fishing year, may seek exemptions from 17 inches (43.2 cm) 11 inches (27.9 cm) monkfish DAS for the purpose of con- ducting exempted fishing activities, as (b) The minimum fish size applies to authorized at § 600.745(b), under the fol- the whole fish (total length) or to the lowing conditions and restrictions: tail of a fish (tail length) at the time of (A) The request for a monkfish DAS landing. Fish or parts of fish, with the exemption must be submitted along exception of cheeks and livers, must with a complete application for an EFP have skin on while possessed on board to the Regional Administrator. The re- a vessel and at the time of landing in quirements for submitting a complete order to meet minimum size require- EFP application are provided in ments. ‘‘Skin on’’ means the entire § 600.745(b)(2); portion of the skin normally attached (B) Exempted DAS must be available to the portion of the fish or fish parts for usage. Exempted DAS shall only be possessed. Monkfish tails are measured made available by the Regional Admin- from the anterior portion of the fourth istrator if it is determined that the an- cephalic dorsal spine to the end of the nual set-aside of research DAS will not caudal fin. Any tissue anterior to the be used in its entirety, as described in fourth dorsal spine is ignored. If the paragraph (c)(1)(v) of this section. If fourth dorsal spine or the tail is not in- exempted DAS are not available for tact, the minimum size is measured be- usage, the applicant may continue to tween the most anterior vertebra and seek an exemption from monkfish the most posterior portion of the tail. DAS, but may be required to conduct an analysis of the impacts associated [64 FR 54749, Oct. 7, 1999, as amended at 68 FR 22329, Apr. 28, 2003; 70 FR 21944, Apr. 28, 2005; with the monkfish DAS exemption re- 79 FR 41924, July 18, 2014] quest before issuance of the EFP appli- cation will be considered; and § 648.94 Monkfish possession and land- (C) For EFP applications that require ing restrictions. other regulatory exemptions that ex- (a) General. Monkfish may be pos- tend beyond the scope of the analysis sessed or landed either as tails only, contained in the Monkfish FMP, subse- tails with associated heads possessed quent amendments, or framework ad- separately, or in whole form (head on justments, applicants may be required and gutted), or any combination of the to provide additional analysis of the impacts of the requested exemptions three provided the weight of monkfish before issuance of an EFP will be con- heads on board does not exceed 1.91 sidered. times the weight of monkfish tails on (ii) Monkfish DAS exemption re- board. When any combination of tails, quests shall be reviewed and approved and whole fish are possessed or landed, by the Regional Administrator in the the possession or landing limit shall be order in which they are received. based on tail weight where all whole monkfish (head on and gutted) are con- [64 FR 54748, Oct. 7, 1999] verted to tail weight using the conver- EDITORIAL NOTE: For FEDERAL REGISTER ci- sion factor of 2.91. For example, whole tations affecting § 648.92, see the List of CFR weight is converted to tail weight by

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dividing the whole weight by 2.91. Con- monkfish Category C vessel that fishes versely, tail weight is converted to exclusively in the NFMA under both a whole weight by multiplying the tail monkfish and NE multispecies DAS weight by 2.91. If heads only are pos- may possess and land an unlimited sessed in combination with tails, the amount of monkfish. For every 1 lb possession or landing limit for (0.45 kg) of tail only weight landed, the monkfish heads may not exceed 1.91 vessel may land up to 1.91 lb (0.87 kg) of times the tail weight of fish on board, monkfish heads only, as described in excluding any whole monkfish. The al- paragraph (a) of this section. lowed amount of head weight is deter- (iv) Category D vessels. A limited ac- mined by multiplying the tail weight cess monkfish Category D vessel that by 1.91. For example a vessel possessing fishes exclusively in the NFMA under a 100 lb (45 kg) of tail weight may possess monkfish-only DAS may land up to 600 an additional 191 lb (87 kg) of monkfish lb (272 kg) tail weight or 1,746 lb (792 heads (100 × 1.91 = 191). A vessel may kg) whole weight of monkfish per DAS not possess heads only without pos- (or any prorated combination of tail sessing the equivalent weight of tails weight and whole weight based on the allowed by using the conversion factor. conversion factor for tail weight to (b) Vessels issued limited access whole weight of 2.91). A limited access monkfish permits—(1) Vessels fishing monkfish Category D vessel that fishes under the monkfish DAS program in the exclusively in the NFMA under both a NFMA— (i) Category A vessels. A limited monkfish and NE multispecies DAS access monkfish Category A vessel that may possess and land an unlimited fishes exclusively in the NFMA under a amount of monkfish. For every 1 lb monkfish DAS may land up to 1,250 lb (0.45 kg) of tail only weight landed, the (567 kg) tail weight or 3,638 lb (1,650 kg) vessel may land up to 1.91 lb (0.87 kg) of whole weight of monkfish per DAS (or monkfish heads only, as described in any prorated combination of tail paragraph (a) of this section. weight and whole weight based on the (2) Vessels fishing under the monkfish conversion factor for tail weight to DAS program in the SFMA—(i) Category whole weight of 2.91). For every 1 lb A, C, and G vessels. A vessel issued a (0.45 kg) of tail only weight landed, the limited access monkfish Category A, C, vessel may land up to 1.91 lb (0.87 kg) of or G permit that fishes under a monkfish heads only, as described in monkfish DAS in the SFMA may land paragraph (a) of this section. up to 700 lb (318 kg) tail weight or 2,037 (ii) Category B vessels. A limited ac- lb (924 kg) whole weight of monkfish cess monkfish Category B vessel that per DAS (or any prorated combination fishes exclusively in the NFMA under a of tail weight and whole weight based monkfish DAS may land up to 600 lb on the conversion factor for tail weight (272 kg) tail weight or 1,746 lb (792 kg) to whole weight of 2.91). For every 1 lb whole weight of monkfish per DAS (or (0.45 kg) of tail-only weight landed, the any prorated combination of tail vessel may land up to 1.91 lb (0.87 kg) of weight and whole weight based on the monkfish heads only, as described in conversion factor for tail weight to paragraph (a) of this section. whole weight of 2.91). For every 1 lb (ii) Category B, D, and H vessels. A (0.45 kg) of tail only weight landed, the vessel issued a limited access monkfish vessel may land up to 1.91 lb (0.87 kg) of Category B, D, or H permit that fishes monkfish heads only, as described in under a monkfish DAS in the SFMA paragraph (a) of this section. may land up to 575 lb (261 kg) tail (iii) Category C vessels. A limited ac- weight or 1,673 lb (759 kg) whole weight cess monkfish Category C vessel that of monkfish per DAS (or any prorated fishes exclusively in the NFMA under a combination of tail weight and whole monkfish-only DAS may land up to weight based on the conversion factor 1,250 lb (567 kg) tail weight or 3,638 lb for tail weight to whole weight of 2.91). (1,650 kg) whole weight of monkfish per For every 1 lb (0.45 kg) of tail-only DAS (or any prorated combination of weight landed, the vessel may land up tail weight and whole weight based on to 1.91 lb (0.87) of monkfish heads only, the conversion factor for tail weight to as described in paragraph (a) of this whole weight of 2.91). A limited access section.

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(iii) Category F vessels. Vessels issued are also subject to the incidental catch a Category F permit are subject to the limit specified in paragraph (c)(1)(ii) of possession and landing restrictions this section. For the purpose of con- specified at § 648.95(g)(1). verting whole weight to tail weight, (iv) Administration of landing limits. A the amount of whole weight possessed vessel owner or operator may not ex- or landed is divided by 2.91. For every ceed the monkfish trip limits as speci- 1 lb (0.45 kg) of tail only weight landed, fied in paragraphs (b)(2)(i) through (iii) the vessel may land up to 1.91 lb (0.87 of this section per monkfish DAS kg) of monkfish heads only, as de- fished, or any part of a monkfish DAS scribed in paragraph (a) of this section. fished. (B) Category G and H vessels. Limited (3) Category C, D, F, G, and H vessels access monkfish Category G and H ves- fishing under the multispecies DAS pro- sels that fish any portion of a trip gram—(i) NFMA. Unless otherwise spec- under a NE multispecies DAS in the ified in paragraph (b)(1) of this section, SFMA, and not under a monkfish DAS, a vessel issued a limited access are subject to the incidental catch monkfish Category C permit that limit specified in paragraph (c)(1)(ii) of fishes under a NE multispecies DAS, this section. Category G and H vessels and not a monkfish DAS, exclusively in participating in the NE Multispecies the NFMA may land up to 900 lb (408 Regular B DAS program, as specified kg) tail weight or 2,619 lb (1,188 kg) under § 648.85(b)(6), are also subject to whole weight of monkfish per DAS (or the incidental catch limit specified in any prorated combination of tail paragraph (c)(1)(ii) of this section. weight and whole weight based on the (iii) Transiting. A vessel that har- conversion factor for tail weight to vested monkfish in the NFMA may whole weight of 2.91). A vessel issued a transit the SFMA and possess limited access monkfish Category D monkfish in excess of the SFMA land- permit that fishes under a NE multi- ing limit provided such vessel complies species DAS, and not a monkfish DAS, with the provisions of § 648.94(e). exclusively in the NFMA may land up (4) Category C, D, F, G, or H vessels to 750 lb (340 kg) tail weight or 2,183 lb fishing under the scallop DAS program. A (990 kg) whole weight of monkfish per Category C, D, F, G, or H vessel fishing DAS (or any prorated combination of under a scallop DAS may land up to 300 tail weight and whole weight based on lb (136 kg) tail weight or 873 lb (396 kg) the conversion factor for tail weight to whole weight of monkfish per DAS (or whole weight of 2.91). A vessel issued a any prorated combination of tail limited access monkfish Category C, D, weight and whole weight based on the or F permit participating in the NE conversion factor for tail weight to Multispecies Regular B DAS program, whole weight of 2.91). For every 1 lb as specified under § 648.85(b)(6), is also (0.45 kg) of tail only weight landed, the subject to the incidental landing limit vessel may land up to 1.91 lb (0.87 kg) of specified in paragraph (c)(1)(i) of this monkfish heads only, as described in section on such trips. paragraph (a) of this section. (ii) SFMA—(A) Category C, D, and F (5) Category C, D, F, G, or H scallop vessels. Limited access monkfish Cat- vessels declared into the monkfish DAS egory C, D, or F vessels that fish any program without a dredge on board, or portion of a trip under a NE multispe- not under the net exemption provision. cies DAS in the SFMA, and not a Category C, D, G, or H vessels that monkfish DAS, may land up to 300 lb have declared into the monkfish DAS (136 kg) tail weight or 873 lb (396 kg) program and that do not fish with or whole weight of monkfish per DAS if have a dredge on board, or that are not trawl gear is used exclusively during fishing with a net under the net exemp- the trip, or 50 lb (23 kg) tail weight or tion provision specified in § 648.51(f), 146 lb (66 kg) whole weight per DAS if are subject to the same landing limits gear other than trawl gear is used at as specified in paragraphs (b)(1) and any time during the trip. Category C, (b)(2) of this section, or the landing D, and F vessels participating in the limit specified in § 648.95(g)(1), if issued NE Multispecies Regular B DAS pro- a Category F permit. Such vessels are gram, as specified under § 648.85(b)(6), also subject to provisions applicable to

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Category A and B vessels fishing only for tail weight to whole weight of 2.91). under a monkfish DAS, consistent with For every 1 lb (0.45 kg) of tail only the provisions of this part. weight landed, the vessel may land up (6) Vessels not fishing under a NE to 1.91 lb (0.87 kg) of monkfish heads multispecies, scallop, or monkfish DAS. only, as described in paragraph (a) of The possession limits for all limited this section. access monkfish vessels when not fish- (3) Vessels fishing with large mesh and ing under a NE multispecies, scallop, not fishing under a DAS —(i) A vessel or monkfish DAS are the same as those issued a valid monkfish incidental possession limits applicable to a vessel catch limit (Category E) permit or a issued a monkfish incidental catch per- limited access monkfish permit (Cat- mit specified under paragraphs (c)(3) egory A, B, C, D, F, G, or H) fishing in through (c)(8) of this section. the GOM or GB RMAs with mesh no (c) Vessels issued a monkfish incidental smaller than specified at catch permit—(1) Vessels fishing under a §§ 648.80(a)(3)(i) and (a)(4)(i), respec- NE multispecies DAS—(i) NFMA. A ves- tively, while not on a monkfish, NE sel issued a valid monkfish incidental multispecies, or scallop DAS, may pos- catch (Category E) permit fishing sess, retain, and land monkfish (whole under a NE multispecies DAS exclu- or tails) only up to 5 percent (where sively in the NFMA may land up to 300 the weight of all monkfish is converted lb (136 kg) tail weight or 873 lb (396 kg) to tail weight) of the total weight of whole weight of monkfish per DAS, or fish on board. For the purpose of con- 25 percent (where the weight of all verting whole weight to tail weight, monkfish is converted to tail weight) the amount of whole weight possessed of the total weight of fish on board, or landed is divided by 2.91. For every whichever is less. For the purpose of 1 lb (0.45 kg) of tail only weight landed, converting whole weight to tail weight, the vessel may land up to 1.91 lb (0.87 the amount of whole weight possessed kg) of monkfish heads only, as de- or landed is divided by 2.91. For every scribed in paragraph (a) of this section. 1 lb (0.45 kg) of tail-only weight landed, (ii) A vessel issued a valid monkfish the vessel may land up to 1.91 lb (0.87 incidental catch (Category E) permit kg) of monkfish heads only, as de- or a limited access monkfish permit scribed in paragraph (a) of this section. (Category A, B, C, D, F, G, or H) fishing (ii) SFMA. If any portion of the trip in the SNE RMA east of the MA Ex- by a vessel issued a monkfish inci- emption Area boundary with mesh no dental catch (Category E) permit, or smaller than specified at issued a valid limited access Category § 648.80(b)(2)(i), while not on a G or H permit, is fished under a NE monkfish, NE multispecies, or scallop multispecies DAS in the SFMA, the DAS, may possess, retain, and land vessel may land up to 50 lb (23 kg) tail monkfish (whole or tails) only up to 5 weight or 146 lb (66 kg) whole weight of percent (where the weight of all monkfish per DAS (or any prorated monkfish is converted to tail weight) combination of tail weight and whole of the total weight of fish on board, not weight based on the conversion factor to exceed 50 lb (23 kg) tail weight or 146 for tail weight to whole weight of 2.91). lb (66 kg) whole weight of monkfish per For every 1 lb (0.45 kg) of tail only day or partial day, up to a maximum of weight landed, the vessel may land up 150 lb (68 kg) tail weight or 437 lb (198 to 1.91 lb (0.87 kg) of monkfish heads kg) whole weight per trip. For the pur- only, as described in paragraph (a) of pose of converting whole weight to tail this section. weight, the amount of whole weight (2) Scallop vessels fishing under a scal- possessed or landed is divided by 2.91. lop DAS. A scallop vessel issued a For every 1 lb (0.45 kg) of tail only monkfish incidental catch (Category E) weight landed, the vessel may land up permit fishing under a scallop DAS to 1.91 lb (0.87 kg) of monkfish heads may land up to 300 lb (136 kg) tail only, as described in paragraph (a) of weight or 873 lb (396 kg) whole weight this section. of monkfish per DAS (or any prorated (iii) A vessel issued a valid monkfish combination of tail weight and whole incidental catch (Category E) permit weight based on the conversion factor or a limited access monkfish permit

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(Category A, B, C, D, F, G, or H) fishing than the mesh size specified by area in in the SNE RMA under a Skate Bait paragraph (c)(3) of this section, while Letter of Authorization, as authorized not on a monkfish, NE multispecies, or under § 648.322(c), while not on a scallop DAS, may possess, retain, and monkfish, NE multispecies, or scallop land only up to 50 lb (23 kg) tail weight DAS, may possess, retain, and land or 146 lb (66 kg) whole weight of monkfish (whole or tails) only up to 5 monkfish per day or partial day, up to percent (where the weight of all a maximum of 150 lb (68 kg) tail weight monkfish is converted to tail weight) or 437 lb (198 kg) whole weight per trip. of the total weight of fish on board, not For the purpose of converting whole to exceed 50 lb (23 kg) tail weight or 146 weight to tail weight, the amount of lb (66 kg) whole weight of monkfish per whole weight possessed or landed is di- day or partial day, up to a maximum of vided by 2.91. For every 1 lb (0.45 kg) of 150 lb (68 kg) tail weight or 437 lb (198 tail weight landed, the vessel may land kg) whole weight per trip. For the pur- up to 1.91 lb (0.87 kg) of monkfish heads pose of converting whole weight to tail only, as described in paragraph (a) of weight, the amount of whole weight this section. possessed or landed is divided by 2.91. (5) Small vessels. A vessel issued a lim- For every 1 lb (0.45 kg) of tail only ited access NE multispecies small ves- weight landed, the vessel may land up sel category permit and a valid to 1.91 lb (0.87 kg) of monkfish heads monkfish incidental catch (Category E) only, as described in paragraph (a) of permit that is less than 30 ft (9.1 m) in this section. length and that elects not to fish under (iv) A vessel issued a valid monkfish the NE multispecies DAS program, incidental catch (Category E) permit may possess, retain, and land up to 50 or a limited access monkfish permit lb (23 kg) tail weight or 146 lb (66 kg) (Category A, B, C, D, F, G, or H) fishing whole weight of monkfish per day or in the SNE or MA RMAs west of the partial day, up to a maximum of 150 lb MA Exemption Area boundary with (68 kg) tail weight or 437 lb (198 kg) mesh no smaller than specified at whole weight per trip. For the purpose § 648.108(a)(1) while not on a monkfish, of converting whole weight to tail only NE multispecies, or scallop DAS, may weight, the amount of whole weight possess, retain, and land monkfish possessed or landed is divided by 2.91. (whole or tails) only up to 5 percent For every 1 lb (0.45 kg) of tail weight (where the weight of all monkfish is landed, the vessel may land up to 1.91 converted to tail weight) of the total lb of monkfish heads only, as described weight of fish on board, up to a max- in paragraph (a) of this section. imum of 450 lb (204 kg) tail weight or (6) Vessels fishing with handgear. A 1,310 lb (594 kg) whole weight of vessel issued a valid monkfish inci- monkfish per trip, unless that vessel is dental catch (Category E) permit or a fishing under a Skate Bait Letter of limited access monkfish permit (Cat- Authorization in the SNE RMA. Such a egory A, B, C, D, F, G, or H) and fishing vessel is subject to the incidental catch exclusively with rod and reel or limit specified under paragraph handlines with no other fishing gear on (c)(3)(iii) of this section. For the pur- board, while not on a monkfish, NE pose of converting whole weight to tail multispecies, or scallop DAS, may pos- weight, the amount of whole weight sess, retain, and land up to 50 lb (23 kg) possessed or landed is divided by 2.91. tail weight or 146 lb (66 kg) whole For every 1 lb (0.45 kg) of tail only weight of monkfish per day or partial weight landed, the vessel may land up day, up to a maximum of 150 lb (68 kg) to 1.91 lb (0.87 kg) of monkfish heads tail weight or 437 lb (198 kg) whole only, as described in paragraph (a) of weight per trip. For the purpose of con- this section. verting whole weight to tail weight, (4) Vessels fishing with small mesh and the amount of whole weight possessed not fishing under a DAS. A vessel issued or landed is divided by 2.91. For every a valid monkfish incidental catch (Cat- 1 lb (0.45 kg) of tail only weight landed, egory E) permit or a limited access the vessel may land up to 1.91 lb (0.87 monkfish permit (Category A, B, C, D, kg) of monkfish heads only, as de- F, G, or H) fishing with mesh smaller scribed in paragraph (a) of this section.

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(7) Vessels fishing with surfclam or possess, retain, and land up to 300 lb ocean quahog dredge gear. A vessel (136 kg) tail weight or 873 lb (396 kg) issued a valid monkfish incidental whole weight of monkfish per day or catch (Category E) permit and a valid partial day fished within the bound- surfclam or ocean quahog permit, while aries of the Sea Scallop Access Area. fishing exclusively with a hydraulic Time within the applicable access area, clam dredge or mahogany quahog for purposes of determining the inci- dredge, may possess, retain, and land dental catch limit, will be determined up to 50 lb (23 kg) tail weight or 146 lb through the vessel’s VMS unit. For the (66 kg) whole weight of monkfish per purpose of converting whole weight to day or partial day, not to exceed 150 lb tail weight, the amount of whole (68 kg) tail weight or 437 lb (198 kg) weight possessed or landed is divided whole weight per trip. For the purpose by 2.91. For every 1 lb (0.45 kg) of tail of converting whole weight to tail only weight landed, the vessel may weight, the amount of whole weight land up to 1.91 lb (0.87 kg) of monkfish possessed or landed is divided by 2.91. heads only, as described in paragraph For every 1 lb (0.45 kg) of tail only (a) of this section. weight landed, the vessel may land up (d) Monkfish liver landing restrictions. to 1.91 lb (0.87 kg) of monkfish heads (1) A vessel authorized to land only, as described in paragraph (a) of monkfish under this part may possess this section. or land monkfish livers up to 25 per- (8) Scallop vessels not fishing under a cent of the tail-weight of monkfish, or scallop DAS with dredge gear—(i) General up to 10 percent of the whole weight of provisions. A vessel issued a valid monkfish, per trip, except as provided monkfish incidental catch (Category E) under paragraph (d)(2) of this section. permit or a valid limited access Cat- (2) If a vessel possesses or lands both egory C, D, F, G, or H permit, and also monkfish tails and whole monkfish, possessing a valid General Category sea the vessel may land monkfish livers up scallop permit or a limited access sea to 10 percent of the whole weight of scallop vessel not fishing under a scal- monkfish per trip using the following lop DAS, while fishing exclusively with weight ratio: (0.10) × [(tail weight × scallop dredge gear as specified in 2.91) + (whole fish × 1)]. § 648.51(b), may possess, retain, and (e) Transiting. A vessel that has de- land up to 50 lb (23 kg) tail weight or clared into the NFMA for the purpose 146 lb (66 kg) whole weight of monkfish of fishing for monkfish under the less per day or partial day, up to a max- restrictive measures of the NFMA, may imum of 150 lb (68 kg) tail weight or 437 transit the SFMA provided that the lb (198 kg) whole weight per trip, unless vessel does not harvest or possess otherwise specified in paragraph monkfish, or any other fish, from the (c)(8)(ii) of this section. For the pur- SFMA, and the vessel’s gear is properly pose of converting whole weight to tail stowed and not available for immediate weight, the amount of whole weight use as defined in § 648.2. possessed or landed is divided by 2.91. (f) Area declaration requirement for a For every 1 lb (0.45 kg) of tail only vessel fishing exclusively in the NFMA. A weight landed, the vessel may land up vessel intending to fish for, fishing for, to 1.91 lb (0.87 kg) of monkfish heads possessing, or landing monkfish under only, as described in paragraph (a) of a NE multispecies, scallop, or this section. monkfish DAS under the less restric- (ii) Limited access scallop vessels fish- tive management measures of the ing in Sea Scallop Access Areas. A vessel NFMA, must fish exclusively in the issued a valid monkfish incidental NFMA for the entire trip. In addition, catch (Category E) permit or a valid a vessel fishing under a monkfish DAS limited access Category C, D, F, G, or must declare its intent to fish in the H permit, and also possessing a limited NFMA through the vessel’s VMS unit access sea scallop permit while fishing or through the vessel call-in system, as exclusively with scallop dredge gear as applicable. A vessel that is not re- specified in § 648.51(b), and fishing in quired to and does not possess a VMS one of the established Sea Scallop Ac- unit must also declare its intent to fish cess Areas specified under § 648.59, may in the NFMA by obtaining a letter of

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authorization from the Regional Ad- vessel, or authorized representative, ministrator, which is effective for a pe- may change the vessel’s limited access riod of not less than 7 days, and fishing monkfish permit category within 45 exclusively in the NFMA during the ef- days of the effective date of the ves- fective period of that letter of author- sel’s permit, provided the vessel has ization. A vessel that has not declared not fished under the monkfish DAS into the NFMA under this paragraph (f) program during that fishing year. If shall be presumed to have fished in the such a request is not received within 45 SFMA, and shall be subject to the more days, the vessel owner may not request restrictive requirements of that area. a change in permit category and the A vessel that has declared into the NFMA may transit the SFMA, pro- vessel’s permit category will remain viding that it complies with the unchanged for the duration of the fish- transiting and gear storage provision ing year. described in paragraph (e) of this sec- (c) Offshore Fishery Program Area. The tion, and provided that it does not fish Offshore Fishery Program Area is for or catch monkfish, or any other bounded on the south by 38° 00′ N. lat. fish, in the SFMA. and on the north, west, and east by the (g) Other landing restrictions. Vessels following coordinates, connected in the are subject to any other applicable order listed by rhumb lines. landing restrictions of this part. Point N. latitude W. longitude [64 FR 54749, Oct. 7, 1999] 1 ...... 41°18.6′ 66°24.8′ EDITORIAL NOTE: For FEDERAL REGISTER ci- 2 ...... 40°55.5′ 66°38.0′ tations affecting § 648.94, see the List of CFR 3 ...... 40°45.5′ 68°00.0′ Sections Affected, which appears in the 4 ...... 40°37.0′ 68°00.0′ Finding Aids section of the printed volume 5 ...... 40°30.0′ 69°00.0′ and at www.govinfo.gov. 6 ...... 40°22.7′ 69°00.0′ 7 ...... 40°18.7′ 69°40.0′ § 648.95 Offshore Fishery Program in 8 ...... 40°21.0′ 71°03.0′ the SFMA. 9 ...... 39°41.0′ 72°32.0′ (a) General. Any vessel issued a valid 10 ...... 38°47.0′ 73°11.0′ monkfish limited access permit is eli- 11 ...... 38°04.0′ 74°06.0′ gible to apply for a Category F permit in order to fish in the Offshore Fishery (d) Season. October 1 through April 30 Program in the SFMA. each year. (1) A vessel issued a Category F per- (e) Restrictions. (1) Except for the mit is subject to the specific provisions transit provisions provided for in para- and conditions of this section while graph (f) of this section, a vessel issued fishing on a monkfish DAS. a valid Category F permit may only (2) A vessel issued a limited access fish for, possess, and land monkfish in monkfish Category C or D permit that or from the Offshore Fishery Program applies for and is issued a Category F Area while on a monkfish DAS. permit remains subject to the provi- (2) A vessel enrolled in the Offshore sions specific to Category C and D ves- Fishery Program is restricted to fish- sels, unless otherwise specified under ing under its monkfish DAS during the this subpart F. season in paragraph (d) of this section. (3) Limited access Category C or D (3) A vessel issued a limited access vessels that apply for and are issued a monkfish Category F permit fishing on Category F permit remain subject to a monkfish DAS is subject to the min- the provisions specific to Category C and D vessels, unless otherwise speci- imum mesh size requirements specified fied under this subpart F. in § 648.91(c)(1)(i) and (c)(1)(iii), as well (b) Declaration. To fish in the Off- as the other gear requirements speci- shore Fishery Program, a vessel must fied in § 648.91(c)(2) and (c)(3). obtain a monkfish limited access Cat- (4) A vessel issued a Category F per- egory F permit and fish under this per- mit must have installed on board an mit for the entire fishing year, subject operational VMS unit that meets the to the conditions and restrictions spec- ified under this part. The owner of a

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minimum performance criteria speci- monkfish Category F permit may fish fied in §§ 648.9 and 648.10 during the en- under the regulations applicable to the tire season established under para- monkfish incidental catch (Category E) graph (d) of this section. Unless other- permit, specified at § 648.94(c). wise required to maintain an oper- (h) DAS usage by NE multispecies or sea ational VMS unit under the VMS noti- scallop limited access permit holders. A fication requirements specified at vessel issued a Category F permit that § 648.10(b), a vessel issued a Category F also has been issued either a NE multi- permit may turn off its VMS unit out- species or sea scallop limited access side of that season. permit, and is fishing on a monkfish (f) Transiting. A vessel issued a lim- DAS, is subject to the DAS usage re- ited access monkfish Category F per- quirements specified in § 648.92(b)(2). mit fishing under a monkfish DAS that is transiting to or from the Offshore [70 FR 21945, Apr. 28, 2005, as amended at 72 Fishery Program Area, described in FR 20960, Apr. 27, 2007; 72 FR 53942, Sept. 21, paragraph (c) of this section, shall have 2007; 74 FR 20557, May 4, 2009; 79 FR 41925, all gear stowed and not available for July 18, 2014; 79 FR 52580, Sept. 4, 2014] immediate use as defined in § 648.2. (g) Monkfish landing limits and DAS § 648.96 FMP review, specification, allocations. (1) A vessel issued a limited and framework adjustment process. access monkfish Category F permit (a) Annual review and adjustment proc- may land up to 1,600 lb (726 kg) tail ess. The NEFMC and MAFMC, the weight or 4,656 lb (2,112 kg) whole Monkfish Plan Development Team weight of monkfish per monkfish DAS (PDT), and the Monkfish Advisory (or any prorated combination of tail Panel shall monitor the status of the weight and whole weight based on the monkfish fishery and resource. conversion factor for tail weight to (1) Monkfish annual SAFE Report. The whole weight of 2.91). PDT shall prepare an annual Stock As- (2) The monkfish DAS allocation for sessment and Fishery Evaluation vessels issued a Category F permit (SAFE) Report for the monkfish fish- shall be equal to the trip limit applica- ery. The SAFE Report shall be the pri- ble to the vessel’s monkfish limited ac- mary vehicle for the presentation of cess permit category divided by the updated biological and socio-economic fixed daily possession limit specified in information regarding the monkfish paragraph (g)(1) of this section, and fishery. The SAFE report shall provide then multiplied by the DAS allocation source data for any adjustments to the for limited access monkfish vessels not management measures that may be issued Category F permits, specified needed for the Councils to meet the under § 648.92(b)(1). For example, if a goals and objectives of the FMP. vessel has a limited access monkfish Category C permit, and the applicable (2) Annual review. The PDT shall trip limit is 800 lb (363 kg) for this cat- meet at least annually to conduct a re- egory, and the vessel has an annual al- view of the monkfish fishery in rela- location of 40 monkfish DAS, then the tion to the goals and objectives speci- monkfish DAS allocated to that vessel fied in the Monkfish FMP, including a when issued a Category F permit would review of catch relative to the annual be 20 monkfish DAS (800 lb divided by catch targets (ACTs) for each manage- 1,600 lb, multiplied by 40 monkfish DAS ment area. They shall review available equals 20 DAS). Any carryover data pertaining to discards and land- monkfish DAS will be included in the ings; DAS and other measures of fish- calculation of monkfish DAS for Cat- ing effort; stock status and fishing egory F vessels. mortality rate information, if avail- (3) A vessel issued a limited access able; enforcement of and compliance monkfish Category F permit that is with management measures; and any fishing under a NE multispecies DAS in other relevant information. Based on the NFMA is subject to the incidental this review, the PDT shall provide landing limit specified at § 648.94(b)(3). guidance to the NEFMC and MAFMC (4) When not fishing on a monkfish regarding the need to adjust manage- DAS, a vessel issued a limited access ment measures to better achieve the

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FMP’s goals and objectives. After con- aside programs; changes to the sidering the PDT’s guidance, the Coun- Monkfish Research Set-Aside Program; cil may submit to NMFS its rec- and other frameworkable measures in- ommendations for changes to manage- cluded in §§ 648.55 and 648.90. ment measures, as appropriate, (iii) The Councils shall review the op- through the annual framework adjust- tions analyzed by the PDT and other ment process specified in paragraph relevant information, consider public (a)(3) of this section, the in-season comment, and submit a recommenda- framework adjustment process speci- tion to the Regional Administrator fied in paragraph (b) of this section, or that meets the Monkfish FMP’s objec- through an amendment to the FMP. tives, consistent with other applicable (3) Annual framework adjustment pro- law. The Councils’ recommendation to cedures. (i) If necessary based on the the Regional Administrator shall in- annual review, the Councils may de- clude supporting documents, as appro- velop adjustments to management priate, concerning the environmental measures to achieve the annual catch and economic impacts of the proposed target (ACT) for the upcoming fishing action and the other options considered year, and may develop other manage- by the Councils. Management adjust- ment options to better achieve the ments made to the Monkfish FMP re- goals and objectives of the Monkfish quire majority approval of each Coun- FMP, which may include a preferred cil for submission to the Secretary. option. The Councils must demonstrate (A) The Councils may delegate au- through analysis and documentation thority to the Joint Monkfish Over- that any options they develop are ex- sight Committee to conduct an initial pected to meet the goals and objectives review of the options analyzed by the of the Monkfish FMP. Additionally, if PDT and any other relevant informa- necessary based on the recommenda- tion, consider public comment, and tion of the NEFMC’s Scientific and make a recommendation to the Coun- Statistical Committee (SSC), the cils. Councils may recommend measures to revise the ABCs and ACLs for the up- (B) If the Councils submit a rec- coming fishing year(s) as described in ommendation that is consistent with paragraph (c) of this section. other applicable law but does not meet (ii) The range of options developed by the Monkfish FMP’s goals and objec- the Councils may include any of the tives, the Regional Administrator may management measures in the Monkfish adopt any option developed by the FMP, including, but not limited to: Councils and analyzed by the PDT that ACTs; closed seasons or closed areas; has not been rejected by either Coun- minimum size limits; mesh size limits; cil, provided such option meets the net limits; liver-to-monkfish landings Monkfish FMP’s goals and objectives, ratios; annual monkfish DAS alloca- and is consistent with other applicable tions and monitoring; trip or posses- law. If either the NEFMC or MAFMC sion limits; blocks of time out of the has rejected all options, then the Re- fishery; gear restrictions; transfer- gional Administrator may select any ability of permits and permit rights or measure that has not been rejected by administration of vessel upgrades, ves- both Councils and that meets the sel replacement, or permit assignment; Monkfish FMP’s goals and objectives. measures to minimize the impact of (iv) If the Councils submit, on or be- the monkfish fishery on protected spe- fore December 1, a recommendation to cies; gear requirements or restrictions the Regional Administrator after one that minimize bycatch or bycatch mor- meeting with each Council, and the Re- tality; transferable DAS programs; gional Administrator concurs with the changes to the SBRM, including the recommendation, the recommendation CV-based performance standard, the shall be published in the FEDERAL REG- means by which discard data are col- ISTER as a proposed rule, or as other- lected/obtained, fishery stratification, wise authorized under the Administra- the process for prioritizing observer tive Procedure Act. The Councils may sea-day allocations, reports, and/or in- instead submit their recommendation dustry-funded observers or observer set on or before February 1, if they choose

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to follow the framework process out- of the availability of both the pro- lined in paragraph (b) of this section posals and the analysis, and oppor- and request that the Regional Adminis- tunity to comment on them prior to trator publish the recommendation as the first of the two final Council meet- a final rule. If the Regional Adminis- ings. Framework adjustments and trator concurs with the Councils’ rec- amendments to the Monkfish FMP re- ommendation the recommended man- quire majority approval of each Coun- agement measures may be published as cil for submission to the Secretary. a proposed rule or a final rule, in ac- (ii) Recommended adjustments to cordance with the Administrative Pro- management measures must come cedure Act. If the effective date of a from the categories specified under final rule to implement the rec- paragraph (a)(3)(i) of this section, in- ommended measures falls after the cluding specification of ABC and ACLs, start of the fishing year, fishing may if necessary. continue under the existing regula- (2) Councils’ recommendation. After de- tions, but any DAS used by a vessel on veloping management actions and re- or after the start of a fishing year shall ceiving public testimony, the Councils be counted against any DAS allocation shall make a recommendation to the the vessel ultimately receives for that Regional Administrator. The Councils’ fishing year. recommendation must include sup- (v) Following publication of a pro- porting rationale and, if management posed rule and after receiving public measures are recommended, an anal- comment, if the Regional Adminis- ysis of impacts and a recommendation trator concurs in the Councils’ rec- to the Regional Administrator on ommendation, a final rule, if possible, whether to issue the management shall be published in the FEDERAL REG- measures as a final rule. If the Councils ISTER prior to the start of the next recommend that the management fishing year. If the Councils fail to sub- measures should be issued as a final mit a recommendation to the Regional rule, the Councils must consider at Administrator by February 1 that least the following four factors and meets the goals and objectives of the provide support and analysis for each Monkfish FMP, the Regional Adminis- factor considered: trator may implement through rule- (i) Whether the availability of data making in accordance with the Admin- on which the recommended manage- istrative Procedure Act one of the op- ment measures are based allows for tions reviewed and not rejected by ei- adequate time to publish a proposed ther Council, provided the option rule, and whether regulations have to meets the goals and objectives of the be in place for an entire harvest/fishing Monkfish FMP, and is consistent with season; other applicable law. (ii) Whether there has been adequate (b) Within-season management action. notice and opportunity for participa- At any time, the Councils or the Joint tion by the public and members of the Monkfish Oversight Committee (sub- affected industry in the development of ject to the approval of the Councils’ the Councils’ recommended manage- Chairmen) may initiate action to add ment measures; or adjust management measures if it is (iii) Whether there is an immediate determined that action is necessary to need to protect the resource or to im- meet or be consistent with the goals pose management measures to resolve and objectives of the Monkfish FMP. gear conflicts; and (1) In-season Framework adjustment (iv) Whether there will be a con- procedures. (i) Framework adjustments tinuing evaluation of management shall require at least one initial meet- measures adopted following their im- ing of the Joint Monkfish Oversight plementation as a final rule. Committee or one of the Councils (the (3) Adjustments for gear conflicts. The agenda must include notification of the Councils may develop a recommenda- framework adjustment proposal) and at tion on measures to address gear con- least two final Council meetings, one flict as defined under § 600.10 of this at each Council. The Councils shall chapter, in accordance with the proce- provide the public with advance notice dure specified in § 648.55(g) and (h).

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(4) Action by NMFS. (i) If the Regional reference developed by the Councils. Administrator approves the Councils’ The SSC shall either concur with these recommended management measures ABC calculations, or provide alter- and determines that the recommended native recommendations for each stock management measures should be issued and describe the elements of scientific as a final rule based on the factors uncertainty used to develop its rec- specified in paragraph (c)(3)(i) of this ommendations. If the SSC concurs with section, the Secretary may, for good the ABC calculations, the revised ABC cause found under the standard of the values are automatically updated and Administrative Procedure Act, waive no action by the Councils is necessary. the requirement for a proposed rule If the SSC provides an alternative rec- and opportunity for public comment in ommendation for calculating the ABC the FEDERAL REGISTER. The Secretary, than that currently specified in the in so doing, shall publish only the final FMP, the Councils would need to need rule. Submission of the recommenda- to take action through the annual or tions does not preclude the Secretary in-season framework adjustment proc- from deciding to provide additional op- ess specified in paragraphs (a) and (b) portunity for prior notice and com- of this section, respectively, to imple- ment in the FEDERAL REGISTER. ment the SSC’s recommendation. The (ii) If the Regional Administrator SSC may also consider other related concurs with the Councils’ rec- issues specified in the terms of ref- ommendation and determines that the erence developed by the Councils, in- recommended management measures cluding, but not limited to, OFLs, should be published first as a proposed ACLs, and management uncertainty. rule, then the measures shall be pub- (ii) ACL recommendations. The Coun- lished as a proposed rule in the FED- cils shall establish ACLs for each man- ERAL REGISTER. After additional public agement area that are equivalent to comment, if NMFS concurs with the the ABCs calculated using the control Councils’ recommendation, then the rule established in the FMP, and re- measures shall be issued as a final rule viewed and recommended by the SSC. in the FEDERAL REGISTER. (iii) If the Regional Administrator (iii) Timing. If determined necessary does not concur, then the Councils under the annual review process, the shall be notified in writing of the rea- Councils shall develop and approve any sons for the non-concurrence. recommendations for ABCs and ACLs (c) Process for setting ABCs and ACLs. prior to December 31, to the extent pos- (1) The Councils or the PDT may de- sible. Once the Councils have approved velop options for setting ABC, ACL, the recommended ABCs and ACLs, only and OFL for each monkfish stock, as if they require adjustments to the necessary, as part of the annual review ACTs described in paragraph (d) shall and adjustment process specified in they be submitted to NMFS as part of paragraph (a) of this section, or as oth- an annual framework adjustment or in- erwise deemed necessary following the season framework adjustment, as de- in-season adjustment process specified scribed in paragraphs (a) and (b) of this in paragraph (b) of this section. These section, along with any necessary anal- options shall be submitted to the SSC ysis required by applicable law. After for consideration. The Councils or the receipt of the Councils’ recommenda- PDT may recommend to the SSC that tion for ACLs, NMFS shall review the ABC, ACL, and OFL are specified for Councils’ decision and, if consistent each monkfish stock for multiple years with applicable law, implement the as determined necessary to best align ACLs in accordance with the Adminis- management with the stock assess- trative Procedure Act. ment process for this fishery. (d) Accountability Measures (AMs)—(1) (i) ABC recommendation. The Councils Specification of ACTs. Through the an- or the PDT shall calculate ABC values nual review process described in para- for each monkfish stock based on the graph (a) of this section, or as other- ABC control rule established in the wise determined necessary, the Coun- FMP. These calculations shall be re- cils shall specify ACTs for each man- viewed by the SSC, guided by terms of agement area that are set sufficiently

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below the ACL to account for manage- vessel may enter, fish, or be in the area ment uncertainty and prevent the ACL known as Oceanographer Canyon from being exceeded. The ACTs estab- Closed Area (copies of a chart depicting lished for each management area shall this area are available from the Re- be the basis for setting management gional Administrator upon request), as measures (DAS and trip limits), after defined by straight lines connecting accounting for incidental catch in non- the following points in the order stat- directed fisheries and discards in all ed, while on a monkfish DAS: fisheries. (2) ACL overages and adjustments— (i) OCEANOGRAPHER CANYON CLOSED AREA Council action. The Councils shall re- Point N. Lat. W. Long. vise the ACT for a monkfish stock if it is determined that the ACL was ex- (1) OC1 40°10′ 68°12′ ceeded in any given year, based upon, (2) OC2 40°24′ 68°09′ (3) OC3 40°24′ 68°08′ but not limited to, available landings (4) OC4 40°10′ 67°59′ and discard information. The amount (5) OC1 40°10′ 68°12′ of an ACL overage shall be deducted from the ACT for the corresponding (b) Lydonia Canyon Closed Area. No monkfish stock on a pound-for-pound fishing vessel or person on a fishing basis. The revised ACT and cor- vessel may enter, fish, or be in the area responding management measures known as Lydonia Canyon Closed Area (DAS and trip limits) shall be imple- (copies of a chart depicting this area mented through either the annual or are available from the Regional Ad- in-season framework adjustment proc- ministrator upon request), as defined ess, specified in paragraphs (a) and (b) by straight lines connecting the fol- of this section, in the second fishing lowing points in the order stated, while year following the fishing year in on a monkfish DAS: which the ACL overage occurred. (ii) NMFS action. If the Councils fail LYNDONIA CANYON CLOSED AREA to take appropriate action to correct Point N. Lat. W. Long. an ACL overage consistent with para- graph (d)(1)(i) of this section, the Re- (1) LC1 40°16′ 67°34′ (2) LC2 40°16′ 67°42′ gional Administrator shall implement (3) LC3 40°20′ 67°43′ the required adjustment, as described (4) LC4 40°27′ 67°40′ in paragraph (d)(2)(i) of this section, in- (5) LC5 40° 27′ 67°38′ ° ′ ° ′ cluding the specification of DAS and (6) LC1 40 16 67 34 trip limits using a formulaic approach developed by the PDT, in accordance [70 FR 21946, Apr. 28, 2005] with the Administrative Procedure Act and other applicable law. Notification Subpart G—Management Meas- of the proposed ACL revision and DAS ures for the Summer Flounder and/or trip limit adjustments shall be Fisheries published in the FEDERAL REGISTER no later than January 1, if possible, for § 648.100 Summer flounder Annual implementation on May 1 of the second Catch Limit (ACL). fishing year following the fishing year (a) The Summer Flounder Monitoring in which the ACL overage occurred. Committee shall recommend to the (e) Emergency action. Nothing in this MAFMC separate ACLs for the com- section is meant to derogate from the mercial and recreational summer authority of the Secretary to take flounder fisheries, the sum total of emergency action under section 305(c) which shall be equal to the ABC rec- of the Magnuson-Stevens Act. ommended by the SSC. [76 FR 30274, May 25, 2011, as amended at 76 (1) Sector allocations. The commercial FR 81849, Dec. 29, 2011; 80 FR 37196, June 30, and recreational fishing sector ACLs 2015] will be established consistent with the allocation guidelines contained in the § 648.97 Closed areas. Summer Flounder, Scup, and Black (a) Oceanographer Canyon Closed Area. Sea Bass Fishery Management Plan No fishing vessel or person on a fishing (FMP).

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(2) Periodicity. The summer flounder dress sector-specific management un- commercial and recreational sector certainty, consistent with paragraph ACLs may be established on an annual (a) of this section. basis for up to 3 years at a time, de- (2) Periodicity. ACTs may be estab- pendent on whether the SSC provides lished on an annual basis for up to 3 single or multiple year ABC rec- years at a time, dependent on whether ommendations. the SSC provides single or multiple (b) Performance review. The Summer year ABC recommendations. Flounder Monitoring Committee shall (b) Performance review. The Summer conduct a detailed review of fishery Flounder Monitoring Committee shall performance relative to the sector conduct a detailed review of fishery ACLs at least every 5 years. performance relative to ACTs in con- (1) If one or both of the sector-spe- junction with any ACL performance re- cific ACLs is exceeded with a frequency view, as outlined in § 648.100(b)(1) greater than 25 percent (i.e., more than through (3). once in 4 years or any 2 consecutive [76 FR 60626, Sept. 29, 2011] years), the Summer Flounder Moni- toring Committee will review fishery § 648.102 Summer flounder specifica- performance information and make tions. recommendations to the MAFMC for (a) Commercial quota, recreational changes in measures intended to ensure landing limits, research set-asides, and ACLs are not exceeded as frequently. other specification measures. The Sum- (2) The MAFMC may specify more mer Flounder Monitoring Committee frequent or more specific ACL perform- shall recommend to the MAFMC, ance review criteria as part of a stock through the specifications process, for rebuilding plan following a determina- use in conjunction with each ACL and tion that the summer flounder stock ACT, a sector-specific research set- has become overfished. aside, estimates of sector-related dis- (3) Performance reviews shall not cards, recreational harvest limit, and substitute for annual reviews that commercial quota, along with other occur to ascertain if prior year ACLs measures, as needed, that are projected have been exceeded but may be con- to ensure the sector-specific ACL for ducted in conjunction with such re- an upcoming fishing year or years will views. not be exceeded. The measures to be [76 FR 60626, Sept. 29, 2011] considered by the Summer Flounder Monitoring Committee are: § 648.101 Summer flounder Annual (1) Research quota set from a range Catch Target (ACT). of 0 to 3 percent of the allowable land- (a) The Summer Flounder Monitoring ings level for both the commercial and Committee shall identify and review recreational sectors. the relevant sources of management (2) Commercial minimum fish size. uncertainty to recommend ACTs for (3) Minimum mesh size. the commercial and recreational fish- (4) Restrictions on gear other than ing sectors as part of the summer otter trawls. flounder specification process. The (5) Adjustments to the exempted area Summer Flounder Monitoring Com- boundary and season specified in mittee recommendations shall identify § 648.108(b)(1) by 30-minute intervals of the specific sources of management un- latitude and longitude and 2-week in- certainty that were considered, tech- tervals, respectively, based on data re- nical approaches to mitigating these viewed by Summer Flounder Moni- sources of uncertainty, and any addi- toring Committee during the specifica- tional relevant information considered tion process, to prevent discarding of in the ACT recommendation process. sublegal sized summer flounder in ex- (1) Sectors. Commercial and rec- cess of 10 percent, by weight. reational specific ACTs shall be less (6) Recreational possession limit set than or equal to the sector-specific from a range of 0 to 15 summer floun- ACLs. The Summer Flounder Moni- der to achieve the recreational harvest toring Committee shall recommend limit, set after reductions for research any reduction in catch necessary to ad- quota.

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(7) Recreational minimum and/or (1) Distribution of annual commercial maximum fish size. quota. (i) The annual commercial quota (8) Recreational season. will be distributed to the states, based (9) Recreational state conservation upon the following percentages; state equivalent and precautionary default followed by percent share in paren- measures utilizing possession limits, thesis: Maine (0.04756); New Hampshire minimum fish sizes, and/or seasons set (0.00046); Massachusetts (6.82046); Rhode after reductions for research quota. Island (15.68298); Connecticut (2.25708); (10) Changes, as appropriate, to the New York (7.64699); New Jersey SBRM, including the CV-based per- (16.72499); Delaware (0.01779); Maryland formance standard, the means by (2.03910); Virginia (21.31676); North which discard data are collected/ob- Carolina (27.44584). tained, fishery stratification, the proc- (ii) [Reserved] ess for prioritizing observer sea-day al- (2) Quota transfers and combinations. locations, reports, and/or industry- Any state implementing a state com- funded observers or observer set aside mercial quota for summer flounder programs. may request approval from the Re- (11) Modification of existing AM gional Administrator to transfer part measures and ACT control rules uti- or its entire annual quota to one or lized by the Summer Flounder Moni- more states. Two or more states imple- toring Committee. menting a state commercial quota for (b) Specification fishing measures. The summer flounder may request approval Demersal Species Committee shall re- from the Regional Administrator to view the recommendations of the Sum- combine their quotas, or part of their mer Flounder Monitoring Committee. quotas, into an overall regional quota. Based on these recommendations and Requests for transfer or combination of any public comment, the Demersal commercial quotas for summer floun- Species Committee shall recommend to der must be made by individual or joint the MAFMC measures necessary that letter(s) signed by the principal state are projected to ensure the sector-spe- official with marine fishery manage- cific ACLs for an upcoming fishing ment responsibility and expertise, or year or years will not be exceeded. The his/her previously named designee, for MAFMC shall review these rec- each state involved. The letter(s) must ommendations and, based on the rec- certify that all pertinent state require- ommendations and any public com- ments have been met and identify the ment, recommend to the Regional Ad- states involved and the amount of ministrator measures that are pro- quota to be transferred or combined. jected to ensure the sector-specific (i) Within 10 working days following ACL for an upcoming fishing year or the receipt of the letter(s) from the years will not be exceeded. The states involved, the Regional Adminis- MAFMC’s recommendations must in- trator shall notify the appropriate clude supporting documentation, as ap- state officials of the disposition of the propriate, concerning the environ- request. In evaluating requests to mental and economic impacts of the transfer a quota or combine quotas, the recommendations. The Regional Ad- Regional Administrator shall consider ministrator shall review these rec- whether: ommendations and any recommenda- (A) The transfer or combination tions of the ASMFC. would preclude the overall annual (c) After such review, the Regional quota from being fully harvested; Administrator will publish a proposed (B) The transfer addresses an unfore- rule in the FEDERAL REGISTER to im- seen variation or contingency in the plement a coastwide commercial fishery; and quota, a recreational harvest limit, re- (C) The transfer is consistent with search set-aside, adjustments to ACL the objectives of the FMP and the Mag- or ACT resulting from AMs, and addi- nuson-Stevens Act. tional management measures for the (ii) The transfer of quota or the com- commercial fishery. After considering bination of quotas will be valid only for public comment, NMFS will publish a the calendar year for which the request final rule in the FEDERAL REGISTER. was made;

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(iii) A state may not submit a re- voluntarily by adjacent states (i.e., quest to transfer quota or combine multi-state conservation equivalency quotas if a request to which it is party regions), may implement different is pending before the Regional Admin- combinations of minimum and/or max- istrator. A state may submit a new re- imum fish sizes, possession limits, and quest when it receives notice that the closed seasons that achieve equivalent Regional Administrator has dis- conservation as the coastwide meas- approved the previous request or when ures established under paragraph (e)(1) notice of the approval of the transfer of this section. Each state or multi- or combination has been filed at the state conservation equivalency region Office of the Federal Register. may implement measures by mode or (iv) If there is a quota overage among area only if the proportional standard states involved in the combination of error of recreational landing estimates quotas at the end of the fishing year, by mode or area for that state is less the overage will be deducted from the than 30 percent. following year’s quota for each of the (i) After review of the recommenda- states involved in the combined quota. tions, the Regional Administrator will The deduction will be proportional, publish a proposed rule in the FEDERAL based on each state’s relative share of REGISTER as soon as possible to imple- the combined quota for the previous ment the overall percent adjustment in year. A transfer of quota or combina- recreational landings required for the tion of quotas does not alter any fishing year, and the ASMFC’s rec- state’s percentage share of the overall ommendation concerning conservation quota specified in paragraph (d)(1)(i) of equivalency, the precautionary default this section. measures, and coastwide measures. (d) Recreational specification measures. (ii) The ASMFC will review conserva- The Demersal Species Committee shall tion equivalency proposals and deter- review the recommendations of the mine whether or not they achieve the Summer Flounder Monitoring Com- necessary adjustment to recreational mittee. Based on these recommenda- landings. The ASMFC will provide the tions and any public comment, the Regional Administrator with the indi- Demersal Species Committee shall rec- vidual state and/or multi-state region ommend to the MAFMC and ASMFC conservation measures for the ap- measures that are projected to ensure proved state and/or multi-state region the sector-specific ACL for an upcom- proposals and, in the case of dis- ing fishing year or years will not be ex- approved state and/or multi-state re- ceeded. The MAFMC shall review these gion proposals, the precautionary de- recommendations and, based on the fault measures that should be applied recommendations and any public com- to a state or region. At the request of ment, recommend to the Regional Ad- the ASMFC, precautionary default ministrator measures that are pro- measures would apply to federally per- jected to ensure the sector-specific mitted party/charter vessels and other ACL for an upcoming fishing year or recreational fishing vessels harvesting years will not be exceeded. The summer flounder in or from the EEZ MAFMC’s recommendations must in- when landing in a state that imple- clude supporting documentation, as ap- ments measures not approved by the propriate, concerning the environ- ASMFC. mental and economic impacts of the (iii) After considering public com- recommendations. The MAFMC and ment, the Regional Administrator will the ASMFC will recommend that the publish a final rule in the FEDERAL Regional Administrator implement ei- REGISTER to implement either the ther: state specific conservation equivalency (1) Coastwide measures. Annual measures or coastwide measures to en- coastwide management measures that sure that the applicable specified tar- constrain the recreational summer get is not exceeded. flounder fishery to the recreational (iv) The ASMFC may allow states as- harvest limit, or signed the precautionary default meas- (2) Conservation equivalent measures. ures to resubmit revised management Individual states, or regions formed measures. The ASMFC will detail the

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procedures by which the state can de- that state’s annual commercial quota, velop alternate measures. The ASMFC regardless of where the summer floun- will notify the Regional Administrator der were harvested. Any landings in ex- of any resubmitted state proposals ap- cess of the commercial quota in any proved subsequent to publication of the state, inclusive of any state-to-state final rule and the Regional Adminis- transfers, will be deducted from that trator will publish a document in the state’s annual quota for the following FEDERAL REGISTER to notify the public. year in the final rule that establishes (e) Research quota. See § 648.22(g). the annual state-by-state quotas, irre- [76 FR 60626, Sept. 29, 2011, as amended at 76 spective of whether the commercial FR 81849, Dec. 29, 2011; 80 FR 37196, June 30, sector ACL is exceeded. The overage 2015; 84 FR 65702, Nov. 29, 2019; 85 FR 36803, deduction will be based on landings for June 18, 2020] the current year through October 31 and on landings for the previous cal- § 648.103 Summer flounder account- endar year that were not included ability measures. when the overage deduction was made (a) Commercial sector EEZ closure. The in the final rule that established the Regional Administrator shall close the annual quota for the current year. If EEZ to fishing for summer flounder by the Regional Administrator determines commercial vessels for the remainder during the fishing year that any part of of the calendar year by publishing noti- an overage deduction was based on er- fication in the FEDERAL REGISTER if he/ roneous landings data that were in ex- she determines that the inaction of one cess of actual landings for the period or more states will cause the commer- concerned, he/she will restore the over- cial sector ACL to be exceeded, or if age that was deducted in error to the the commercial fisheries in all states appropriate quota allocation. The Re- have been closed. The Regional Admin- gional Administrator will publish noti- istrator may reopen the EEZ if earlier fication in the FEDERAL REGISTER an- inaction by a state has been remedied nouncing such restoration. by that state, or if commercial fish- (3) Non-landing accountability measure. eries in one or more states have been In the event that the commercial ACL reopened without causing the sector is exceeded and that the overage has ACL to be exceeded. not been accommodated through the (b) State commercial landing quotas. landings-based AM, then the following The Regional Administrator will mon- itor state commercial quotas based on procedure will be followed: dealer reports and other available in- (i) Overfishing, rebuilding, or unknown formation and shall determine the date stock status. If the most recent estimate when a state commercial quota will be of biomass is below the BMSY threshold harvested. The Regional Administrator (i.e., B/BMSY is less than 0.5), the stock shall publish notification in the FED- is under a rebuilding plan, or the bio- ERAL REGISTER advising a state that, logical reference points (B or BMSY) are effective upon a specific date, its com- unknown, and the commercial ACL has mercial quota has been harvested and been exceeded, then the exact amount, notifying vessel and dealer permit in pounds, by which the most recent holders that no commercial quota is year’s commercial catch estimate ex- available for landing summer flounder ceeded the most recent year’s commer- in that state. cial ACL will be deducted, in the fol- (1) Commercial ACL overage evaluation. lowing fishing year from the commer- The commercial sector ACL will be cial ACT, as a single-year adjustment. evaluated based on a single-year exam- (ii) If biomass is above the threshold, ination of total catch (landings and but below the target, and the stock is not dead discards). Both landings and dead under rebuilding. If the most recent es- discards will be evaluated in deter- timate of biomass is above the biomass mining if the commercial sector ACL threshold (B/BMSY is greater than 0.5), has been exceeded. but below the biomass target (B/BMSY is (2) Commercial landings overage repay- less than 1.0), and the stock is not ment. All summer flounder landed for under a rebuilding plan, then the fol- sale in a state shall be applied against lowing AMs will apply:

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(A) If the Commercial ACL has been the exact amount, in pounds, by which exceeded, but not the overall ABC, the most recent year’s recreational then no single-year AM payback is re- catch estimate exceeded the most re- quired. cent year’s recreational ACL will be (B) If the Commercial ACL and ABC deducted, in the following fishing year, have been exceeded, then a scaled sin- or as soon as possible, thereafter, once gle-year adjustment to the commercial catch data are available, from the rec- ACT will be made, in the following reational ACT, as a single-year adjust- fishing year. The ACT will be reduced ment. by the exact amount, in pounds, of the (2) If biomass is above the threshold, but product of the overage, defined as the below the target, and the stock is not difference between the commercial under rebuilding. If the most recent es- catch and the commercial ACT, and timate of biomass is above the biomass the payback coefficient. The payback threshold (B/BMSY is greater than 0.5), coefficient is the difference between but below the biomass target (B/BMSY is the most recent estimate of biomass less than 1.0), and the stock is not and BMSY (i.e., BMSY¥B) divided by one- under a rebuilding plan, then the fol- half of BMSY. lowing AMs will apply: (iii) If biomass is above BMSY. If the (i) If the Recreational ACL has been ex- most recent estimate of biomass is ceeded. If the Recreational ACL has above BMSY (i.e., B/BMSY is greater than been exceeded, then adjustments to the 1.0), then no single-year AM payback is recreational management measures, required. taking into account the performance of (c) Recreational ACL Evaluation. The the measures and conditions that pre- recreational sector ACL will be evalu- cipitated the overage, will be made in ated based on a 3-year moving average the following fishing year, or as soon comparison of total catch (landings as possible thereafter, once catch data and dead discards). Both landings and are available, as a single-year adjust- dead discards will be evaluated in de- ment. termining if the 3-year average rec- (ii) If the ABC has been exceeded. If reational sector ACL has been exceed- the ABC has been exceeded, then a sin- ed. The 3-year moving average will be gle-year adjustment to the rec- phased in over the first 3 years, begin- reational ACT will be made, in the fol- ning with 2012: Total recreational lowing fishing year, or as soon as pos- catch from 2012 will be compared to the sible thereafter, once catch data are 2012 recreational sector ACL; the aver- available, as described in paragraph age total catch from both 2012 and 2013 (d)(2)(ii)(A) of this section. In addition, will be compared to the average of the adjustments to the recreational man- 2012 and 2013 recreational sector ACLs; agement measures, taking into account the average total catch from 2012, 2013, the performance of the measures and and 2014 will be compared to the aver- conditions that precipitated the over- age of the 2012, 2013, and 2014 rec- age, will be made in the following year. reational sector ACLs; and for all sub- (A) Adjustment to Recreational ACT. If sequent years, the preceding 3-year av- an adjustment to the following year’s erage recreational total catch will be Recreational ACT is required, then the compared to the preceding 3-year aver- ACT will be reduced by the exact age recreational sector ACL. amount, in pounds, of the product of (d) Recreational AMs. If the rec- the overage, defined as the difference reational ACL is exceeded, then the between the recreational catch and the following procedure will be followed: recreational ACL, and the payback co- (1) If biomass is below the threshold, the efficient, as specified in paragraph stock is under rebuilding, or biological ref- (d)(2)(ii)(B) of this section. erence points are unknown. If the most (B) Payback coefficient. The payback recent estimate of biomass is below the coefficient is the difference between BMSY threshold (i.e., B/BMSY is less than the most recent estimate of biomass 0.5), the stock is under a rebuilding and BMSY (i.e., BMSY¥B) divided by one- plan, or the biological reference points half of BMSY. (B or BMSY) are unknown, and the rec- (3) If biomass is above BMSY. If the reational ACL has been exceeded, then most recent estimate of biomass is

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above BMSY (i.e., B/BMSY is greater than summer flounder harvested from state 1.0), then adjustments to the rec- waters is allowed for state-only per- reational management measures, tak- mitted vessels when transiting Federal ing into account the performance of waters within the Block Island Sound the measures and conditions that pre- Transit Area provided they follow the cipitated the overage, will be made in provisions at § 648.111 and abide by the following fishing year, or as soon state regulations. as possible thereafter, once catch data (c) Measurement. The size limits in are available, as a single-year adjust- this section apply to whole fish or to ment. any part of a fish found in possession, (e) State/Federal disconnect AM. If the e.g., fillets, except that party and char- total catch, allowable landings, com- ter vessels fishing exclusively in state mercial quotas, and/or RHL measures waters possessing valid state permits adopted by the ASMFC Summer Floun- authorizing filleting at sea may possess der, Scup and Black Sea Bass Manage- fillets smaller than the size specified if ment Board and the MAFMC differ for all state requirements are met. a given fishing year, administrative ac- [76 FR 60629, Sept. 29, 2011, as amended at 78 tion will be taken as soon as possible FR 37479, June 21, 2013; 82 FR 31494, July 7, to revisit the respective recommenda- 2017; 84 FR 65702, Nov. 29, 2019] tions of the two groups. The intent of this action shall be to achieve align- § 648.105 Summer flounder rec- ment through consistent state and reational fishing season. Federal measures such that no dif- No person may fish for summer ferential effects occur on Federal per- flounder in the EEZ from May 15 mit holders. through September 15 unless that per- [76 FR 60628, Sept. 29, 2011, as amended at 78 son is the owner or operator of a fish- FR 76763, Dec. 19, 2013; 83 FR 53826, Oct. 25, ing vessel issued a commercial summer 2018] flounder moratorium permit, or is issued a summer flounder dealer per- § 648.104 Summer flounder size re- mit, or unless otherwise specified in quirements. the conservation equivalency measures (a) Moratorium (commercial) permitted at § 648.107. Persons aboard a commer- vessels. The minimum size for summer cial vessel that is not eligible for a flounder is 14 inches (35.6 cm) TL for all summer flounder moratorium permit vessels issued a moratorium permit are subject to this recreational fishing under § 648.4(a)(3), except on board season. This time period may be ad- party and charter boats carrying pas- justed pursuant to the procedures in sengers for hire or carrying more than § 648.102. Possession of summer flounder three crew members, if a charter boat, harvested from state waters during or more than five crew members, if a this time is allowed for state-only per- party boat. mitted vessels when transiting Federal (b) Party/charter permitted vessels and waters within the Block Island Sound recreational fishery participants. The Transit Area provided they follow the minimum size for summer flounder is provisions at § 648.111 and abide by 19 inches (48.3 cm) total length for all state regulations. vessels that do not qualify for a sum- [84 FR 65702, Nov. 29, 2019] mer flounder moratorium permit under § 648.4(a)(3), and charter boats holding a § 648.106 Summer flounder possession summer flounder moratorium permit if restrictions. fishing with more than three crew (a) Party/charter and recreational pos- members, or party boats holding a session limits. No person shall possess summer flounder moratorium permit if more than four summer flounder in, or fishing with passengers for hire or car- harvested from, the EEZ, per trip un- rying more than five crew members, less that person is the owner or oper- unless otherwise specified in the con- ator of a fishing vessel issued a sum- servation equivalency regulations at mer flounder moratorium permit, or is § 648.107. If conservation equivalency is issued a summer flounder dealer per- not in effect in any given year, posses- mit, or unless otherwise specified in sion of smaller (or larger, if applicable) the conservation equivalency measures

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at § 648.107. Persons aboard a commer- sesses a valid summer flounder small- cial vessel that is not eligible for a mesh exemption LOA and is fishing in summer flounder moratorium permit the exemption area as specified in are subject to this possession limit. § 648.108(b). Summer flounder on board The owner, operator, and crew of a these vessels must be stored so as to be charter or party boat issued a summer readily available for inspection in flounder moratorium permit are sub- standard 100-lb (45.3-kg) totes or fish ject to the possession limit when car- boxes having a liquid capacity of 18.2 rying passengers for hire or when car- gal (70 L), or a volume of not more rying more than five crew members for than 4,320 in3 (2.5 ft3 or 70.79 cm3). a party boat, or more than three crew [76 FR 60629, Sept. 29, 2011, as amended at 78 members for a charter boat. This pos- FR 37479, June 21, 2013; 80 FR 35258, June 19, session limit may be adjusted pursuant 2015; 82 FR 31494, July 7, 2017; 84 FR 65703, to the procedures in § 648.102. Posses- Nov. 29, 2019] sion of summer flounder harvested from state waters above this possession § 648.107 Conservation equivalent limit is allowed for state-only per- measures for the summer flounder mitted vessels when transiting Federal fishery. waters within the Block Island Sound (a) The Regional Administrator has Transit Area provided they follow the determined that the recreational fish- provisions at § 648.111 and abide by ing measures proposed to be imple- state regulations. mented by the states of Maine through (b) If whole summer flounder are North Carolina for 2020 are the con- processed into fillets, the number of servation equivalent of the season, size fillets will be converted to whole sum- limits, and possession limit prescribed mer flounder at the place of landing by in §§ 648.104(b), 648.105, and 648.106. This dividing the fillet number by two. If determination is based on a rec- summer flounder are filleted into sin- ommendation from the Summer Floun- gle (butterfly) fillets, each fillet is der Board of the Atlantic States Ma- deemed to be from one whole summer rine Fisheries Commission. flounder. (1) Federally permitted vessels sub- (c) Summer flounder harvested by ject to the recreational fishing meas- vessels subject to the possession limit ures of this part, and other rec- with more than one person on board reational fishing vessels harvesting may be pooled in one or more con- summer flounder in or from the EEZ tainers. Compliance with the posses- and subject to the recreational fishing sion limit will be determined by divid- measures of this part, landing summer ing the number of summer flounder on flounder in a state whose fishery man- board by the number of persons on agement measures are determined by board, other than the captain and the the Regional Administrator to be con- crew. If there is a violation of the pos- servation equivalent shall not be sub- session limit on board a vessel carrying ject to the more restrictive Federal more than one person, the violation measures, pursuant to the provisions of shall be deemed to have been com- § 648.4(b). Those vessels shall be subject mitted by the owner and operator of to the recreational fishing measures the vessel. implemented by the state in which (d) Commercially permitted vessel pos- they land. session limits. Owners and operators of (2) [Reserved] otter trawl vessels issued a permit (b) Federally permitted vessels sub- under § 648.4(a)(3) that fish with or pos- ject to the recreational fishing meas- sess nets or pieces of net on board that ures of this part, and other rec- do not meet the minimum mesh re- reational fishing vessels registered in quirements and that are not stowed in states and subject to the recreational accordance with § 648.108(e), may not fishing measures of this part, whose retain 100 lb (45.4 kg) or more of sum- fishery management measures are not mer flounder from May 1 through Octo- determined by the Regional Adminis- ber 31, or 200 lb (90.7 kg) or more of trator to be the conservation equiva- summer flounder from November 1 lent of the season, size limits and pos- through April 30, unless the vessel pos- session limit prescribed in §§ 648.102,

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648.103(b), and 648.105(a), respectively, der Small-Mesh Exemption Area letter due to the lack of, or the reversal of, a of authorization (LOA), required under conservation equivalent recommenda- paragraph (b)(1)(i) of this section, and tion from the Summer Flounder Board fishing from November 1 through April of the Atlantic States Marine Fisheries 30 in the exemption area, which is east Commission shall be subject to the fol- of the line that follows 72°30.0′ W. long. lowing precautionary default measures: until it intersects the outer boundary Season—July 1 through August 31; of the EEZ (copies of a map depicting minimum size—20 inches (50.8 cm); and the area are available upon request possession limit—two fish. from the Regional Administrator). Ves- [79 FR 38264, July 7, 2014, as amended at 80 sels fishing under the LOA shall not FR 35258, June 19, 2015; 81 FR 51378, Aug. 4, fish west of the line. Vessels issued a 2016; 82 FR 31494, July 7, 2017; 83 FR 24947, permit under § 648.4(a)(3)(iii) may tran- May 31, 2018; 84 FR 31745, July 3, 2019; 84 FR sit the area west or south of the line, if 65703, Nov. 29, 2019; 85 FR 36803, June 18, 2020] the vessel’s fishing gear is stowed in a manner prescribed under § 648.108(e), so § 648.108 Summer flounder gear re- that it is not ‘‘available for immediate strictions. use’’ outside the exempted area. The (a) General. (1) Otter trawlers whose Regional Administrator may terminate owners are issued a summer flounder this exemption if he/she determines, permit and that land or possess 100 lb after a review of sea sampling data, (45.4 kg) or more of summer flounder that vessels fishing under the exemp- from May 1 through October 31, or 200 tion are discarding more than 10 per- lb (90.7 kg) or more of summer flounder cent, by weight, of their entire catch of from November 1 through April 30, per summer flounder per trip. If the Re- trip, must fish with nets that have a gional Administrator makes such a de- minimum mesh size of 5.5-inch (14.0- termination, he/she shall publish noti- cm) diamond or 6.0-inch (15.2-cm) fication in the FEDERAL REGISTER ter- square mesh applied throughout the minating the exemption for the re- body, extension(s), and codend portion mainder of the exemption season. of the net, except as required in a TED (i) Requirements. (A) A vessel fishing extension, in accordance with in the Summer Flounder Small-Mesh § 223.206(d)(2)(iii) of this title. Exemption Area under this exemption (2) Mesh size is measured by using a must have on board a valid LOA issued wedge-shaped gauge having a taper of 2 by the Regional Administrator. cm (0.79 inches) in 8 cm (3.15 inches), (B) The vessel must be in enrolled in and a thickness of 2.3 mm (0.09 inches), the exemption program for a minimum inserted into the meshes under a pres- of 7 days. sure or pull of 5 kg (11.02 lb) for mesh (ii) [Reserved] size less than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 (2) Vessels fishing with a two-seam lb) for mesh size at, or greater than, 120 otter trawl fly net with the following mm (4.72 inches). The mesh size is the configuration, provided that no other average of the measurements of any se- nets or netting with mesh smaller than ries of 20 consecutive meshes for nets 5.5 inches (14.0 cm) are on board: having 75 or more meshes, and 10 con- (i) The net has large mesh in the secutive meshes for nets having fewer wings that measures 8 inches (20.3 cm) than 75 meshes. The mesh in the regu- to 64 inches (162.6 cm). lated portion of the net is measured at (ii) The first body section (belly) of least five meshes away from the the net has 35 or more meshes that are lacings, running parallel to the long at least 8 inches (20.3 cm). axis of the net. (iii) The mesh decreases in size (b) Exemptions. Unless otherwise re- throughout the body of the net to 2 stricted by this part, the minimum inches (5 cm) or smaller towards the mesh-size requirements specified in terminus of the net. paragraph (a)(1) of this section do not (iv) The Regional Administrator may apply to: terminate this exemption if he/she de- (1) Vessels issued a summer flounder termines, after a review of sea sam- moratorium permit, a Summer Floun- pling data, that vessels fishing under

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the exemption, on average, are dis- (e) Stowage of nets. Otter trawl ves- carding more than 1 percent of their sels retaining 100 lb (45.3 kg) or more of entire catch of summer flounder per summer flounder from May 1 through trip. If the Regional Administrator October 31, or 200 lb (90.6 kg) or more of makes such a determination, he/she summer flounder from November 1 shall publish notification in the FED- through April 30, and subject to the ERAL REGISTER terminating the exemp- minimum mesh size requirement of tion for the remainder of the calendar paragraph (a)(1) of this section may not year. have ‘‘available for immediate use’’ (c) Net modifications. No vessel subject any net or any piece of net that does to this part shall use any device, gear, not meet the minimum mesh size re- or material, including, but not limited quirement, or any net, or any piece of to, nets, net strengtheners, ropes, net, with mesh that is rigged in a man- lines, or chafing gear, on the top of the ner that is inconsistent with the min- regulated portion of a trawl net; except imum mesh size requirement. Nets that, one splitting strap and one bull must be stowed and not available for rope (if present) consisting of line or immediate use as defined in § 648.2. rope no more than 3 inches (7.2 cm) in (f) The minimum net mesh require- diameter may be used if such splitting ment may apply to any portion of the strap and/or bull rope does not con- net. The minimum mesh size and the strict, in any manner, the top of the portion of the net regulated by the regulated portion of the net, and one minimum mesh size may be adjusted rope no greater than 0.75 inches (1.9 pursuant to the procedures in § 648.102. cm) in diameter extending the length [76 FR 60629, Sept. 29, 2011, as amended at 79 of the net from the belly to the ter- FR 52583, Sept. 4, 2014; 81 FR 51378, Aug. 4, minus of the codend along the top, bot- 2016] tom, and each side of the net. ‘‘Top of the regulated portion of the net’’ § 648.109 Sea turtle conservation. means the 50 percent of the entire reg- Sea turtle regulations are found at 50 ulated portion of the net that (in a hy- CFR parts 222 and 223. pothetical situation) will not be in con- [76 FR 60630, Sept. 29, 2011] tact with the ocean bottom during a tow if the regulated portion of the net § 648.110 Summer flounder framework were laid flat on the ocean floor. For adjustments to management meas- the purpose of this paragraph (c), head ures. ropes shall not be considered part of (a) Within season management action. the top of the regulated portion of a The MAFMC may, at any time, initiate trawl net. A vessel shall not use any action to add or adjust management means or mesh configuration on the measures within the Summer Floun- top of the regulated portion of the net, der, Scup, and Black Sea Bass FMP if as defined paragraph (c) of this section, it finds that action is necessary to if it obstructs the meshes of the net or meet or be consistent with the goals otherwise causes the size of the meshes and objectives of the FMP. of the net while in use to diminish to a (1) Adjustment process. The MAFMC size smaller than the minimum speci- shall develop and analyze appropriate fied in paragraph (a) of this section. management actions over the span of (d) Mesh obstruction or constriction. (1) at least two MAFMC meetings. The A fishing vessel may not use any mesh MAFMC must provide the public with configuration, mesh construction, or advance notice of the availability of other means on or in the top of the net, the recommendation(s), appropriate as defined in paragraph (c) of this sec- justification(s) and economic and bio- tion, that obstructs the meshes of the logical analyses, and the opportunity net in any manner. to comment on the proposed adjust- (2) No person on any vessel may pos- ment(s) at the first meeting and prior sess or fish with a net capable of catch- to and at the second MAFMC meeting. ing summer flounder in which the bars The MAFMC’s recommendations on ad- entering or exiting the knots twist justments or additions to management around each other. measures must come from one or more

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of the following categories: Adjust- rule, it must consider at least the fol- ments within existing ABC control rule lowing factors and provide support and levels; adjustments to the existing analysis for each factor considered: MAFMC risk policy; introduction of (i) Whether the availability of data new AMs, including sub-ACTs; min- on which the recommended manage- imum fish size; maximum fish size; ment measures are based allows for gear restrictions; gear requirements or adequate time to publish a proposed prohibitions; permitting restrictions; rule, and whether the regulations recreational possession limit; rec- would have to be in place for an entire reational seasons; closed areas; com- harvest/fishing season; mercial seasons; commercial trip lim- (ii) Whether there has been adequate its; commercial quota system includ- notice and opportunity for participa- ing commercial quota allocation proce- tion by the public and members of the dure and possible quota set asides to affected industry in the development of mitigate bycatch; recreational harvest recommended management measures; limit; specification quota setting proc- (iii) Whether there is an immediate ess; FMP Monitoring Committee com- need to protect the resource; and position and process; description and (iv) Whether there will be a con- identification of essential fish habitat tinuing evaluation of management (and fishing gear management meas- measures adopted following their im- ures that impact EFH); description and plementation as a final rule. identification of habitat areas of par- (3) NMFS action. If the MAFMC’s rec- ticular concern; regional gear restric- ommendation includes adjustments or tions; regional season restrictions (in- additions to management measures cluding option to split seasons); re- and, if after reviewing the MAFMC’s strictions on vessel size (LOA and recommendation and supporting infor- GRT) or shaft horsepower; operator mation: permits; changes to the SBRM, includ- (i) NMFS concurs with the MAFMC’s ing the CV-based performance stand- recommended management measures ard, the means by which discard data and determines that the recommended are collected/obtained, fishery strati- management measures should be issued fication, the process for prioritizing ob- as a final rule based on the factors in server sea-day allocations, reports, paragraph (a)(2) of this section, the and/or industry-funded observers or ob- measures will be issued as a final rule server set aside programs; any other in the FEDERAL REGISTER. commercial or recreational manage- (ii) If NMFS concurs with the ment measures; any other management MAFMC’s recommended management measures currently included in the measures and determines that the rec- FMP; and set aside quota for scientific ommended management measures research. Issues that require signifi- should be published first as a proposed cant departures from previously con- rule, the measures will be published as templated measures or that are other- a proposed rule in the FEDERAL REG- wise introducing new concepts may re- ISTER. After additional public com- quire an amendment of the FMP in- ment, if NMFS concurs with the stead of a framework adjustment. MAFMC recommendation, the meas- (2) MAFMC recommendation. After de- ures will be published as a final rule in veloping management actions and re- the FEDERAL REGISTER. ceiving public testimony, the MAFMC (iii) If NMFS does not concur, the shall make a recommendation to the MAFMC will be notified in writing of Regional Administrator. The MAFMC’s the reasons for the non-concurrence. recommendation must include sup- (4) Emergency actions. Nothing in this porting rationale, if management section is meant to derogate from the measures are recommended, an anal- authority of the Secretary to take ysis of impacts, and a recommendation emergency action under section 305(e) to the Regional Administrator on of the Magnuson-Stevens Act. whether to issue the management (b) [Reserved] measures as a final rule. If the MAFMC [76 FR 60630, Sept. 29, 2011, as amended at 76 recommends that the management FR 1849, Dec.. 29, 2011; 80 FR 37196, June 30, measures should be issued as a final 2015]

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§ 648.111 Block Island Sound Transit of which shall be equal to the ABC rec- Area. ommended by the SSC. (1) Sector allocations. The commercial (a) Vessels not issued a summer and recreational fishing sector ACLs flounder Federal moratorium or party/ will be established consistent with the charter permit, and recreational fish- allocation guidelines contained in the ing participants fishing exclusively in Summer Flounder, Scup, and Black state waters may transit with summer Sea Bass FMP. flounder harvested from state waters (2) Periodicity. The scup commercial on board through Federal waters of the and recreational sector ACLs may be EEZ within Block Island Sound, north established on an annual basis for up to of a line connecting Montauk Light, 3 years at a time, dependent on wheth- Montauk Point, NY, and Block Island er the SSC provides single or multiple Southeast Light, Block Island, RI; and year ABC recommendations. west of a line connecting Point Judith (b) Performance review. The Scup Light, Point Judith, RI, and Block Is- Monitoring Committee shall conduct a land Southeast Light, Block Island, RI. detailed review of fishery performance Within this area, possession of summer relative to the sector ACLs at least flounder is permitted regardless of the every 5 years. minimum or maximum size (as applica- (1) If one or both of the sector-spe- ble), possession limit, and seasons out- cific ACLs is exceeded with a frequency lined in §§ 648.104, 648.105, and 648.106, greater than 25 percent (i.e., more than provided no fishing takes place from once in 4 years or any 2 consecutive the vessel while in Federal waters of years), the Scup Monitoring Com- the EEZ, the vessel complies with state mittee will review fishery performance regulations, and is in continuous tran- information and make recommenda- sit. During such transit through this tions to the MAFMC for changes in area, commercial gear must be stowed measures intended to ensure ACLs are in accordance with the definition of not as frequently exceeded. ‘‘not available for immediate use’’ (2) The MAFMC may specify more found at § 648.2, and party/charter ves- frequent or more specific ACL perform- sels and recreational participants must ance review criteria as part of a stock have all bait and hooks removed from rebuilding plan following a determina- fishing rods, and any summer flounder tion that the scup stock has become on board must be stored in a cooler or overfished. container. (3) Performance reviews shall not (b) The requirements of this transit substitute for annual reviews that zone are not necessary or applicable for occur to ascertain if prior year ACLs recreational fishery participants dur- have been exceeded but may be con- ing years when conservation equiva- ducted in conjunction with such re- lency has been adopted under § 648.107 views. conservation equivalency measures and [76 FR 60631, Sept. 29, 2011] recreational Federal measures are waived. § 648.121 Scup Annual Catch Target (ACT). [84 FR 65703, Nov. 29, 2019] (a) The Scup Monitoring Committee shall identify and review the relevant Subpart H—Management sources of management uncertainty to Measures for the Scup Fishery recommend ACTs for the commercial and recreational fishing sectors as part SOURCE: 61 FR 43426, Aug. 23, 1996, unless of the scup specification process. The otherwise noted. Scup Monitoring Committee rec- ommendations shall identify the spe- § 648.120 Scup Annual Catch Limit cific sources of management uncer- (ACL). tainty that were considered, technical (a) The Scup Monitoring Committee approaches to mitigating these sources shall recommend to the MAFMC sepa- of uncertainty, and any additional rel- rate ACLs for the commercial and rec- evant information considered in the reational scup fisheries, the sum total ACT recommendation process.

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(1) Sectors. Commercial and rec- (5) All scup landed for sale in any reational specific ACTs shall be less state during a quota period shall be ap- than or equal to the sector-specific plied against the coastwide commercial ACLs. The Scup Monitoring Committee quota for that period, regardless of shall recommend any reduction in where the scup were harvested, except catch necessary to address sector-spe- as provided in paragraph (c)(5) of this cific management uncertainty, con- section. sistent with paragraph (a) of this sec- (6) Minimum mesh size. tion. (7) Recreational possession limit set (2) Periodicity. ACTs may be estab- from a range of 0 to 50 scup to achieve lished on an annual basis for up to 3 the recreational harvest limit, set after years at a time, dependent on whether the reduction for research quota. the SSC provides single or multiple (8) Recreational minimum fish size. year ABC recommendations. (9) Recreational season. (b) Performance review. The Scup (10) Restrictions on gear. Monitoring Committee shall conduct a (11) Season and area closures in the detailed review of fishery performance commercial fishery. relative to ACTs in conjunction with (12) Total allowable landings on an any ACL performance review, as out- annual basis for a period not to exceed lined in § 648.120(b)(1) through (3). 3 years. [76 FR 60631, Sept. 29, 2011] (13) Changes, as appropriate, to the SBRM, including the CV-based per- § 648.122 Scup specifications. formance standard, the means by (a) Commercial quota, recreational which discard data are collected/ob- landing limits, research set-asides, and tained, fishery stratification, the proc- other specification measures. The Scup ess for prioritizing observer sea-day al- Monitoring Committee shall rec- locations, reports, and/or industry- ommend to the Demersal Species Com- funded observers or observer set aside mittee of the MAFMC and the ASMFC programs. through the specifications process, for (14) Modification of existing AM use in conjunction with each ACL and measures and ACT control rules uti- ACT, a sector specific research set- lized by the Scup Monitoring Com- aside, estimates of sector-related dis- mittee. cards, recreational harvest limit, and (b) Specification of fishing measures. commercial quota, along with other The Demersal Species Committee shall measures, as needed, that are projected review the recommendations of the to ensure the sector-specific ACL for Scup Monitoring Committee. Based on an upcoming fishing year or years will these recommendations and any public not be exceeded. The measures to be comment, the Demersal Species Com- considered by the Scup Monitoring mittee shall recommend to the Committee are as follows: MAFMC measures necessary to assure (1) Research quota set from a range that the specified ACLs will not be ex- of 0 to 3 percent of the maximum al- ceeded. The MAFMC’s recommendation lowed to achieve the specified exploi- must include supporting documenta- tation rate. tion, as appropriate, concerning the en- (2) The commercial quota for each of vironmental and economic impacts of the three periods specified in paragraph the recommendations. The Regional (c)(1) of this section for research quota. Administrator shall review these rec- (3) Possession limits for the Winter I ommendations and any recommenda- and Winter II periods, including posses- tions of the ASMFC. After such review, sion limits that result from potential NMFS will publish a proposed rule in rollover of quota from Winter I to Win- the FEDERAL REGISTER to implement a ter II. The possession limit is the max- commercial quota, specifying the imum quantity of scup that is allowed amount of quota allocated to each of to be landed within a 24–hour period the three periods, possession limits for (calendar day). the Winter I and Winter II periods, in- (4) Percent of landings attained at cluding possession limits that result which the landing limit for the Winter from potential rollover of quota from I period will be reduced. Winter I to Winter II, the percentage of

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landings attained during the Winter I (e) Research quota. See § 648.21(g). fishery at which the possession limits [76 FR 60631, Sept. 29, 2011, as amended at 76 will be reduced, a recreational harvest FR 81850, Dec. 29, 2011; 80 FR 37196, June 30, limit, and additional management 2015; 83 FR 17315, Apr. 19, 2018] measures for the commercial fishery. If the Regional Administrator determines § 648.123 Scup accountability meas- that additional recreational measures ures. are necessary to ensure that the sector (a) Commercial sector period closures. ACL will not be exceeded, he or she The Regional Administrator will mon- will publish a proposed rule in the FED- itor the harvest of commercial quota ERAL REGISTER to implement addi- for each quota period based on dealer tional management measures for the reports, state data, and other available recreational fishery. After considering information and shall determine the public comment, the Regional Admin- date when the commercial quota for a istrator will publish a final rule in the period will be harvested. NMFS shall FEDERAL REGISTER to implement an- close the EEZ to fishing for scup by nual measures. commercial vessels for the remainder (c) Distribution of commercial quota. (1) of the indicated period by publishing The annual commercial quota will be notification in the FEDERAL REGISTER allocated into three periods, based on advising that, effective upon a specific the following percentages: date, the commercial quota for that pe- Period Percent riod has been harvested, and notifying vessel and dealer permit holders that Winter I—January–April ...... 45.11 no commercial quota is available for Summer—May–September ...... 38.95 landing scup for the remainder of the Winter II—October–December ...... 15.94 period. (2) The commercial quotas for each (1) Commercial ACL overage evaluation. period will each be distributed to the The commercial sector ACL will be coastal states from Maine through evaluated based on a single-year exam- North Carolina on a coastwide basis. ination of total catch (landings and (d) Winter I and II commercial quota dead discards). Both landings and dead adjustment procedures. The Regional Ad- discards will be evaluated in deter- ministrator will monitor the harvest of mining if the commercial sector ACL commercial quota for the Winter I pe- has been exceeded. riod based on dealer reports, state (2) Commercial landings overage repay- data, and other available information ment by quota period. (i) All scup landed and shall determine the total amount for sale in any state during a quota pe- of scup landed during the Winter I pe- riod shall be applied against the riod. In any year that the Regional Ad- coastwide commercial quota for that ministrator determines that the land- period, regardless of where the scup ings of scup during Winter I are less were harvested, except as provided in than the Winter I quota for that year, paragraph (a)(2)(iv) of this section, and he/she shall increase, through publica- irrespective of whether the commercial tion of a notification in the FEDERAL sector ACL is exceeded. Any current REGISTER, provided such rule complies year landings in excess of the commer- with the requirements of the Adminis- cial quota in any quota period will be trative Procedure Act, the Winter II deducted from that quota period’s an- quota for that year by the amount of nual quota in the following year as pre- the Winter I under-harvest. The Re- scribed in paragraphs (a)(2)(ii) through gional Administrator shall also adjust, (iii) of this section: through publication of a notification in (ii) For the Winter I and Summer the FEDERAL REGISTER, the Winter II quota periods, landings in excess of the possession limits consistent with the allocation will be deducted from the amount of the quota increase, based on appropriate quota period for the fol- the possession limits established lowing year in the final rule that es- through the annual specifications-set- tablishes the annual quota. The over- ting process. age deduction will be based on landings

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for the current year through Sep- appropriate state official of the dis- tember 30 and on landings for the pre- position of the request. vious calendar year that were not in- (b) Non-landing accountability meas- cluded when the overage deduction was ure. In the event that the commercial made in the final rule that established ACL has been exceeded and the overage the period quotas for the current year. has not been accommodated through If the Regional Administrator deter- the landings-based AM, then the fol- mines during the fishing year that any lowing procedure will be followed: part of an overage deduction was based (1) Overfishing, rebuilding, or unknown on erroneous landings data that were stock status. If the most recent estimate in excess of actual landings for the pe- of biomass is below the BMSY threshold riod concerned, he/she will restore the (i.e., B/BMSY is less than 0.5), the stock overage that was deducted in error to is under a rebuilding plan, or the bio- the appropriate quota allocation. The logical reference points (B or BMSY) are Regional Administrator will publish unknown, and the commercial ACL has notification in the FEDERAL REGISTER been exceeded, then the exact amount, announcing the restoration. in pounds, by which the most recent (iii) For the Winter II quota period, year’s commercial catch estimate ex- landings in excess of the allocation will ceeded the most recent year’s commer- be deducted from the Winter II period cial ACL will be deducted, in the fol- for the following year through notifica- lowing fishing year from the commer- tion in the FEDERAL REGISTER during cial ACT, as a single-year adjustment. July of the following year. The overage (2) If biomass is above the threshold, but deduction will be based on landings in- below the target, and the stock is not formation available for the Winter II under rebuilding. If the most recent es- period as of June 30 of the following timate of biomass is above the biomass year. If the Regional Administrator de- threshold (B/BMSY is greater than 0.5), termines during the fishing year that but below the biomass target (B/BMSY is any part of an overage deduction was less than 1.0), and the stock is not based on erroneous landings data that under a rebuilding plan, then the fol- were in excess of actual landings for lowing AMs will apply: the period concerned, he/she will re- (i) If the Commercial ACL has been store the overage that was deducted in exceeded, but not the overall ABC, error to the appropriate quota alloca- then no single-year AM payback is re- tion. The Regional Administrator will quired. publish notification in the FEDERAL (ii) If the Commercial ACL and ABC REGISTER announcing the restoration. have been exceeded, then a scaled sin- (iv) During a fishing year in which gle-year adjustment to the commercial the Winter I quota period is closed ACT will be made, in the following prior to April 15, a state may apply to fishing year. The ACT will be reduced the Regional Administrator for author- by the exact amount, in pounds, of the ization to count scup landed for sale in product of the overage, defined as the that state from April 15 through April difference between the commercial 30 by state-only permitted vessels fish- catch and the commercial ACT, and ing exclusively in waters under the ju- the payback coefficient. The payback risdiction of that state against the coefficient is the difference between Summer period quota. Requests to the the most recent estimate of biomass Regional Administrator to count scup and BMSY (i.e., BMSY¥B) divided by one- landings in a state from April 15 half of BMSY. through April 30 against the Summer (3) If biomass is above BMSY. If the period quota must be made by letter most recent estimate of biomass is signed by the principal state official above BMSY (i.e., B/BMSY is greater than with marine fishery management re- 1.0), then no single-year AM payback is sponsibility and expertise, or his/her required. designee, and must be received by the (c) Recreational ACL. The recreational Regional Administrator no later than sector ACL will be evaluated based on April 15. Within 10 working days fol- a 3-year moving average comparison of lowing receipt of the letter, the Re- total catch (landings and dead dis- gional Administrator shall notify the cards). Both landings and dead discards

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will be evaluated in determining if the are available, as a single-year adjust- 3-year average recreational sector ACL ment. has been exceeded. The 3-year moving (ii) If the ABC has been exceeded. If average will be phased in over the first the ABC has been exceeded, then a sin- 3 years, beginning with 2012: Total rec- gle year adjustment to the recreational reational total catch from 2012 will be ACT will be made, in the following compared to the 2012 recreational sec- fishing year, or as soon as possible tor ACL; the average total catch from thereafter, once catch data are avail- both 2012 and 2013 will be compared to able, as described in paragraph the average of the 2012 and 2013 rec- (d)(2)(ii)(A) of this section. In addition, reational sector ACLs; the average adjustments to the recreational man- total catch from 2012, 2013, and 2014 will agement measures, taking into account be compared to the average of 2012, the performance of the measures and 2013, and 2014 recreational sector ACLs; conditions that precipitated the over- and for all subsequent years, the pre- age, will be made in the following year. ceding 3-year average recreational (A) Adjustment to Recreational ACT. If total catch will be compared to the an adjustment to the following year’s preceding 3-year average recreational Recreational ACT is required, then the sector ACL. ACT will be reduced by the exact amount, in pounds, of the product of (d) Recreational AMs. If the rec- the overage, defined as the difference reational ACL is exceeded, then the between the recreational catch and the following procedure will be followed: recreational ACL, and the payback co- (1) If biomass is below the threshold, the efficient, as specified in paragraph stock is under rebuilding, or biological ref- (d)(2)(ii)(B) of this section. erence points are unknown. If the most (B) Payback coefficient. The payback recent estimate of biomass is below the coefficient is the difference between BMSY threshold (i.e., B/BMSY is less than the most recent estimate of biomass 0.5), the stock is under a rebuilding and BMSY (i.e., BMSY¥B) divided by one- plan, or the biological reference points half of B . (B or B ) are unknown, and the rec- MSY MSY (3) If biomass is above BMSY. If the most reational ACL has been exceeded, then recent estimate of biomass is above the exact amount, in pounds, by which BMSY (i.e., B/BMSY is greater than 1.0), the most recent year’s recreational then adjustments to the recreational catch estimate exceeded the most re- management measures, taking into ac- cent year’s recreational ACL will be count the performance of the measures deducted in the following fishing year, and conditions that precipitated the or as soon as possible, thereafter, once overage, will be made in the following catch data are available, from the rec- fishing year, or as soon as possible reational ACT, as a single-year adjust- thereafter, once catch data are avail- ment. able, as a single-year adjustment. (2) If biomass is above the threshold, but (e) State/Federal disconnect AM. If the below the target, and the stock is not total catch, allowable landings, com- under rebuilding. If the most recent es- mercial quotas, and/or RHL measures timate of biomass is above the biomass adopted by the ASMFC Summer Floun- threshold (B/BMSY is greater than 0.5), der, Scup and Black Sea Bass Manage- but below the biomass target (B/BMSY is ment Board and the MAFMC differ for less than 1.0), and the stock is not a given fishing year, administrative ac- under a rebuilding plan, then the fol- tion will be taken as soon as possible lowing AMs will apply: to revisit the respective recommenda- (i) If the Recreational ACL has been ex- tions of the two groups. The intent of ceeded. If the Recreational ACL has this action shall be to achieve align- been exceeded, then adjustments to the ment through consistent state and recreational management measures, Federal measures such that no dif- taking into account the performance of ferential effects occur on Federal per- the measures and conditions that pre- mit holders. cipitated the overage, will be made in [76 FR 60632, Sept. 29, 2011, as amended at 78 the following fishing year, or as soon FR 76763, Dec. 19, 2013; 83 FR 17315, Apr. 19, as possible thereafter, once catch data 2018; 83 FR 53827, Oct. 25, 2018]

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§ 648.124 Scup commercial season and fish for or possess non-exempt species commercial fishery area restric- as specified in paragraph (b)(2) of this tions. section must fish with nets of 5.0-inch (a) Southern Gear Restricted Area—(1) (12.7-cm) diamond mesh, applied Restrictions. From January 1 through throughout the codend for at least 75 March 15, all trawl vessels in the continuous meshes forward of the ter- Southern Gear Restricted Area that minus of the net. For trawl nets with fish for or possess non-exempt species codends (including an extension) of as specified in paragraph (a)(2) of this fewer than 75 meshes, the entire trawl section must fish with nets that have a net must have a minimum mesh size of minimum mesh size of 5.0-inch (12.7- 5.0 inches (12.7 cm) throughout the net. cm) diamond mesh, applied throughout The Northern Gear Restricted Area 1 is the codend for at least 75 continuous an area bounded by straight lines con- meshes forward of the terminus of the necting the following points in the net. For trawl nets with codends (in- order stated (copies of a chart depict- cluding an extension) of fewer than 75 ing the area are available from the Re- meshes, the entire trawl net must have gional Administrator upon request): a minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The Southern NORTHERN GEAR RESTRICTED AREA 1 Gear Restricted Area is an area bound- Point N. lat. W. long. ed by straight lines connecting the fol- lowing points in the order stated (cop- NGA1 ...... 41°00′ 71°00′ NGA2 ...... 41°00′ 71°30′ ies of a chart depicting the area are NGA3 ...... 40°00′ 72°40′ available from the Regional Adminis- NGA4 ...... 40°00′ 72°05′ trator upon request): NGA1 ...... 41°00′ 71°00′

SOUTHERN GEAR RESTRICTED AREA (2) Non-exempt species. Unless other- wise specified in paragraph (d) of this Point Latitude Longitude section, the restrictions specified in SGA1 ...... 39°20′ N ...... 72°37′ W. paragraph (b)(1) of this section apply SGA2 ...... 39°4.38′ N ...... 72°47.22′ W. only to vessels in the Northern Gear SGA3 ...... 38°28.65′ N ...... 73°29.37′ W. SGA4 ...... 38°29.72′ N ...... 73°30.65′ W. Restricted Area 1 that are fishing for, SGA5 ...... 38°26.32′ N ...... 73°33.44′ W. or in possession of, the following non- SGA6 ...... 38°25.08′ N ...... 73°34.99′ W. exempt species: Longfin squid squid; SGA7 ...... 38°13.15′ N ...... 73°49.77′ W. SGA8 ...... 38°13.74′ N ...... 73°50.73′ W. black sea bass; and silver hake (whit- SGA9 ...... 38°11.98′ N ...... 73°52.65′ W. ing). SGA10 ...... 37°29.53′ N ...... 74°29.95′ W. (c) Transiting. Vessels that are sub- SGA11 ...... 37°29.43′ N ...... 74°30.29′ W. SGA12 ...... 37°28.6′ N ...... 74°30.6′ W. ject to the provisions of the Southern SGA13 ...... 37°6.97′ N ...... 74°40.8′ W. and Northern GRAs, as specified in SGA14 ...... 37°5.83′ N ...... 74°45.57′ W. paragraphs (a) and (b) of this section, ° ′ ° ′ SGA15 ...... 37 4.43 N ...... 74 41.03 W. respectively, may transit these areas SGA16 ...... 37°3.5′ N ...... 74°40.39′ W. SGA17 ...... 37° N ...... 74°43′ W. provided that trawl net codends on SGA18 ...... 37° N ...... 75°3′ W. board of mesh size less than that speci- SGA19 ...... 38° N ...... 74°23′ W. fied in paragraphs (a) and (b) of this SGA20 ...... 39°20′ N ...... 72°53′ W. SGA1 ...... 39°20′ N ...... 72°37′ W. section are stowed and not available for immediate use as defined in § 648.2. (2) Non-exempt species. Unless other- (d) [Reserved] wise specified in paragraph (d) of this (e) Addition or deletion of exemptions. section, the restrictions specified in The MAFMC may recommend to the paragraph (a)(1) of this section apply Regional Administrator, through the only to vessels in the Southern Gear framework procedure specified in Restricted Area that are fishing for or § 648.130(a), additions or deletions to ex- in possession of the following non-ex- emptions for fisheries other than scup. empt species: Longfin squid; black sea A fishery may be restricted or exempt- bass; and silver hake (whiting). ed by area, gear, season, or other (b) Northern Gear Restricted Area 1—(1) means determined to be appropriate to Restrictions. From November 1 through reduce bycatch of scup. December 31, all trawl vessels in the (f) Exempted experimental fishing. The Northern Gear Restricted Area 1 that Regional Administrator may issue an

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exempted experimental fishing permit minus of the net, and all other nets are (EFP) under the provisions of stowed and not available for immediate § 600.745(b), consistent with paragraph use as defined in § 648.2. (d)(2) of this section, to allow any ves- (2) Mesh-size measurement. Mesh sizes sel participating in a scup discard miti- will be measured according to the pro- gation research project to engage in cedure specified in § 648.104(a)(2). any of the following activities: Fish in (3) Net modification. The owner or op- the applicable gear restriction area; erator of a fishing vessel subject to the use fishing gear that does not conform minimum mesh requirements in to the regulations; possess non-exempt § 648.124 and paragraph (a)(1) of this sec- species specified in paragraphs (a)(2) tion shall not use any device, gear, or and (b)(2) of this section; or engage in material, including, but not limited to, any other activity necessary to project nets, net strengtheners, ropes, lines, or operations for which an exemption chafing gear, on the top of the regu- from regulatory provision is required. lated portion of a trawl net. However, Vessels issued an EFP must comply one splitting strap and one bull rope (if with all conditions and restrictions present), consisting of line or rope no specified in the EFP. more than 3 inches (7.2 cm) in diame- (1) A vessel participating in an ex- ter, may be used if such splitting strap empted experimental fishery in the and/or bull rope does not constrict in Scup Gear Restriction Area(s) must any manner the top of the regulated carry an EFP authorizing the activity portion of the net, and one rope no and any required Federal fishery per- greater that 0.75 inches (1.9 cm) in di- mit on board. ameter extending the length of the net (2) The Regional Administrator may from the belly to the terminus of the not issue an EFP unless s/he deter- codend along the top, bottom, and each mines that issuance is consistent with side of the net. ‘‘Top of the regulated the objectives of the FMP, the provi- portion of the net’’ means the 50 per- sions of the Magnuson-Stevens Act, cent of the entire regulated portion of and other applicable law and will not: the net that (in a hypothetical situa- (i) Have a detrimental effect on the tion) will not be in contact with the scup resource and fishery; ocean bottom during a tow if the regu- (ii) Cause the quotas for any species lated portion of the net were laid flat of fish for any quota period to be ex- on the ocean floor. For the purpose of ceeded; this paragraph (a)(3), head ropes are (iii) Create significant enforcement not considered part of the top of the problems; or regulated portion of a trawl net. (iv) Have a detrimental effect on the (4) Mesh obstruction or constriction. (i) scup discard mitigation research The owner or operator of a fishing ves- project. sel subject to the minimum mesh re- [76 FR 60633, Sept. 29, 2011, as amended at 77 strictions in § 648.124 and in paragraph FR 16480, Mar. 21, 2012; 79 FR 52580, Sept. 4, (a)(1) of this section shall not use any 2014; 81 FR 78731, Nov. 9, 2016] mesh construction, mesh configura- tion, or other means on, in, or attached § 648.125 Scup gear restrictions. to the top of the regulated portion of (a) Trawl vessel gear restrictions—(1) the net, as defined in paragraph (a)(3) Minimum mesh size. No owner or oper- of this section, if it obstructs or con- ator of an otter trawl vessel that is stricts the meshes of the net in any issued a scup moratorium permit may manner. possess more than 1,000 lb (454 kg) of (ii) The owner or operator of a fishing scup from October 1 through April 14, vessel subject to the minimum mesh more than 2,000 lb (907 kg) from April requirements in § 648.124 and in para- 15 through June 15, or more than 200 lb graph (a)(1) of this section may not use (91 kg) of scup from June 16 through a net capable of catching scup if the September 30, unless fishing with nets bars entering or exiting the knots that have a minimum mesh size of 5.0- twist around each other. inch (12.7-cm) diamond mesh, applied (5) Stowage of nets. The owner or oper- throughout the codend for at least 75 ator of an otter trawl vessel retaining continuous meshes forward of the ter- 1,000 lb (454 kg) or more of scup from

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October 1 through April 14, 2,000 lb (907 from opening at such time that the de- kg) or more of scup from April 15 gradable fasteners have completely de- through June 15, or 200 lb (90.7 kg) or teriorated. more of scup from June 16 through Sep- (2) Escape vents. (i) All scup pots or tember 30, and subject to the minimum traps that have a circular escape vent mesh requirements in paragraph (a)(1) with a minimum of 3.1 inches (7.9 cm) of this section, and the owner or oper- in diameter, or a square escape vent ator of a midwater trawl or other trawl with a minimum of 2.25 inches (5.7 cm) vessel subject to the minimum size re- for each side, or an equivalent rectan- quirement in § 648.126, may not have gular escape vent. available for immediate use any net, or (ii) The minimum escape vent size any piece of net, not meeting the min- set forth in paragraph (b)(2)(i) of this imum mesh size requirement, or mesh section may be revised following the that is rigged in a manner that is in- procedures in § 648.122. consistent with the minimum mesh (3) Pot and trap identification. Pots or size. A net that is stowed and not avail- traps used in fishing for scup must be able for immediate use as defined in marked with a code of identification § 648.2, and that can be shown not to that may be the number assigned by have been in recent use, is considered the Regional Administrator and/or the to be not available for immediate use. identification marking as required by (6) Roller gear. The owner or operator the vessel’s home port state. of an otter trawl vessel issued a mora- [76 FR 60634, Sept. 29, 2011, as amended at 79 torium permit pursuant to § 648.4(a)(6) FR 52580, Sept. 4, 2014; 81 FR 51378, Aug. 4, shall not use roller rig trawl gear 2016; 83 FR 17315, Apr. 19, 2018; 83 FR 64487, equipped with rollers greater than 18 Dec. 17, 2018] inches (45.7 cm) in diameter. (7) Procedures for changes. The min- § 648.126 Scup minimum fish sizes. imum net mesh and the threshold (a) Moratorium (commercially) per- catch level at which it is required set mitted vessels. The minimum size for forth in paragraph (a)(1) of this section, scup is 9 inches (22.9 cm) TL for all ves- and the maximum roller diameter set sels issued a moratorium permit under forth in paragraph (a)(6) of this section, § 648.4(a)(6). If such a vessel is also may be changed following the proce- issued a charter and party boat permit dures in § 648.122. and is carrying passengers for hire, or (b) Pot and trap gear restrictions. Own- carrying more than three crew mem- ers or operators of vessels subject to bers if a charter boat, or more than this part must fish with scup pots or five crew members if a party boat, then traps that comply with the following: the minimum size specified in para- (1) Degradable hinges. A scup pot or graph (b) of this section applies. trap must have degradable hinges and (b) Party/Charter permitted vessels and fasteners made of one of the following recreational fishery participants. The degradable materials: minimum size for scup is 9 inches (22.9 (i) Untreated hemp, jute, or cotton cm) total length for all vessels that do string of 3⁄16 inches (4.8 mm) diameter not have a scup moratorium permit, or or smaller; for party and charter vessels that are (ii) Magnesium alloy, timed float re- issued a scup moratorium permit but leases (pop-up devices) or similar mag- are fishing with passengers for hire, or nesium alloy fasteners; or carrying more than three crew mem- (iii) Ungalvanized or uncoated iron bers if a charter boat, or more than wire of 0.094 inches (2.4 mm) diameter five crew members if a party boat. or smaller. However, possession of smaller scup (iv) The use of a single non-degrad- harvested from state waters is allowed able retention device designed to pre- for state-only permitted vessels when vent loss of the ghost panel after the transiting Federal waters within the degradable materials have failed is per- Block Island Sound Transit Area pro- mitted provided the device does not vided they follow the provisions at impair the egress design function of § 648.131 and abide by state regulations. the ghost panel by obstructing the (c) The minimum size applies to opening or by preventing the panel whole fish or any part of a fish found in

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possession, e.g., fillets. These min- at the place of landing by dividing fil- imum sizes may be adjusted pursuant let number by 2. If scup are filleted to the procedures in § 648.122. into a single (butterfly) fillet, such fil- let shall be deemed to be from one [76 FR 60635, Sept. 29, 2011, as amended at 78 whole scup. FR 37480, June 21, 2013; 79 FR 38264, July 7, 2014; 84 FR 65703, Nov. 29, 2019] (c) Scup harvested by vessels subject to the possession limit with more than § 648.127 Scup recreational fishing sea- one person aboard may be pooled in one son. or more containers. Compliance with Fishermen and vessels that are not the possession limit will be determined by dividing the number of scup on eligible for a scup moratorium permit board by the number of persons aboard under § 648.4(a)(6), may possess scup other than the captain and crew. If year-round, subject to the possession there is a violation of the possession limit specified in § 648.128(a). The rec- limit on board a vessel carrying more reational fishing season may be ad- than one person, the violation shall be justed pursuant to the procedures in deemed to have been committed by the § 648.122. Should the recreational fish- owner and operator. ing season be modified, non-federally (d) Scup and scup parts harvested by scup permitted vessels abiding by state a vessel with a moratorium or charter regulations may transit with scup har- or party boat scup permit, or in or vested from state waters on board from the EEZ north of 35°15.3′ N. lat., through the Block Island Sound Tran- may not be landed with the skin re- sit Area following the provisions out- moved. lined in § 648.131. [76 FR 60635, Sept. 29, 2011, as amended at 77 [84 FR 65703, Nov. 29, 2019] FR 30431, May 23, 2012; 78 FR 37480, June 21, 2013; 80 FR 35258, June 19, 2015; 84 FR 65703, § 648.128 Scup possession restrictions. Nov. 29, 2019] (a) Party/Charter and recreational pos- session limits. No person shall possess § 648.129 Protection of threatened and endangered sea turtles. more than 50 scup in, or harvested from, per trip the EEZ unless that per- This section supplements existing son is the owner or operator of a fish- regulations issued to regulate inci- ing vessel issued a scup moratorium dental take of sea turtles under au- permit, or is issued a scup dealer per- thority of the Endangered Species Act mit. Persons aboard a commercial ves- under 50 CFR parts 222 and 223. In addi- sel that is not eligible for a scup mora- tion to the measures required under torium permit are subject to this pos- those parts, NMFS will investigate the session limit. The owner, operator, and extent of sea turtle takes in flynet gear crew of a charter or party boat issued and, if deemed appropriate, may de- a scup moratorium permit are subject velop and certify a Turtle Excluder De- to the possession limit when carrying vice for that gear. passengers for hire or when carrying [76 FR 60635, Sept. 29, 2011] more than five crew members for a party boat, or more than three crew § 648.130 Scup framework adjustments members for a charter boat. This pos- to management measures. session limit may be adjusted pursuant (a) Within season management action. to the procedures in § 648.122. However, See § 648.110(a). possession of scup harvested from state (1) Adjustment process. The MAFMC waters above this possession limit is shall develop and analyze appropriate allowed for state-only permitted ves- management actions over the span of sels when transiting Federal waters at least two MAFMC meetings. The within the Block Island Sound Transit MAFMC must provide the public with Area provided they follow the provi- advance notice of the availability of sions at § 648.131 and abide by state reg- the recommendation(s), appropriate ulations. justification(s) and economic and bio- (b) If whole scup are processed into logical analyses, and the opportunity fillets, an authorized officer will con- to comment on the proposed adjust- vert the number of fillets to whole scup ment(s) at the first meeting and prior

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to and at the second MAFMC meeting. fishing exclusively in state waters may The MAFMC’s recommendations on ad- transit with scup harvested from state justments or additions to management waters on board through Federal wa- measures must come from one or more ters of the EEZ within Block Island of the following categories: Adjust- Sound, north of a line connecting ments within existing ABC control Montauk Light, Montauk Point, NY, rules; adjustments to the existing and Block Island Southeast Light, MAFMC risk policy; introduction of Block Island, RI; and west of a line new AMs, including sub-ACTs; min- connecting Point Judith Light, Point imum fish size; maximum fish size; Judith, RI, and Block Island Southeast gear restrictions; gear restricted areas; Light, Block Island, RI. Within this gear requirements or prohibitions; per- area, possession of scup is permitted mitting restrictions; recreational pos- regardless of the minimum size, posses- session limits; recreational seasons; sion limit, and seasons outlined in closed areas; commercial seasons; com- §§ 648.126, 648.127, and 648.128, provided mercial trip limits; commercial quota no fishing takes place from the vessel system including commercial quota al- while in Federal waters of the EEZ, the location procedure and possible quota vessel complies with state regulations, set asides to mitigate bycatch; rec- and is in continuous transit. During reational harvest limits; annual speci- such transit through this area, com- fication quota setting process; FMP mercial gear must be stowed in accord- Monitoring Committee composition ance with the definition of ‘‘not avail- and process; description and identifica- able for immediate use’’ found at tion of EFH (and fishing gear manage- § 648.2, and party/charter vessels and ment measures that impact EFH); de- recreational participants must have all scription and identification of habitat bait and hooks removed from fishing areas of particular concern; regional rods, and any scup on board must be gear restrictions; regional season re- stored in a cooler or container. strictions (including option to split seasons); restrictions on vessel size [84 FR 65703, Nov. 29, 2019] (LOA and GRT) or shaft horsepower; operator permits; changes to the Subpart I—Management Meas- SBRM, including the CV-based per- ures for the Black Sea Bass formance standard, the means by Fishery which discard data are collected/ob- tained, fishery stratification, the proc- SOURCE: 61 FR 58467, Nov. 15, 1996, unless ess for prioritizing observer sea-day al- otherwise noted. locations, reports, and/or industry- funded observers or observer set aside § 648.140 Black sea bass Annual Catch programs; any other commercial or Limit (ACL). recreational management measures; (a) The Black Sea Bass Monitoring any other management measures cur- Committee shall recommend to the rently included in the FMP; and set MAFMC separate ACLs for the com- aside quota for scientific research. mercial and recreational scup fisheries, (2) MAFMC recommendation. See the sum total of which shall be equal § 648.110(a)(2)(i) through (iv). to the ABC recommended by the SSC. (3) NMFS action. See § 648.110(a)(3)(i) (1) Sector allocations. The commercial through (iii). and recreational fishing sector ACLs (4) Emergency actions. See will be established consistent with the § 648.110(a)(4). allocation guidelines contained in the (b) [Reserved] Summer Flounder, Scup, and Black [76 FR 60635, Sept. 29, 2011, as amended at 80 Sea Bass Fishery Management Plan. FR 37196, June 30, 2015] (2) Periodicity. The black sea bass commercial and recreational sector § 648.131 Block Island Sound Transit ACLs may be established on an annual Area. basis for up to 3 years at a time, de- Vessels not issued a scup Federal pendent on whether the SSC provides moratorium or party/charter permit, single or multiple year ABC rec- and recreational fishing participants ommendations.

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(b) Performance review. The Black Sea the SSC provides single or multiple- Bass Monitoring Committee shall con- year ABC recommendations. duct a detailed review of fishery per- (b) Performance review. The Black Sea formance relative to the sector ACLs Bass Monitoring Committee shall con- at least every 5 years. duct a detailed review of fishery per- (1) If one or both of the sector-spe- formance relative to ACTs in conjunc- cific ACLs is exceeded with a frequency tion with any ACL performance review, greater than 25 percent (i.e., more than as outlined in § 648.140(b)(1)–(3). once in 4 years or any 2 consecutive years), the Black Sea Bass Monitoring [76 FR 60636, Sept. 29, 2011] Committee will review fishery perform- § 648.142 Black sea bass specifications. ance information and make rec- ommendations to the MAFMC for (a) Commercial quota, recreational changes in measures intended to ensure landing limit, research set-aside, and ACLs are not exceeded as frequently. other specification measures. The Black (2) The MAFMC may specify more Sea Bass Monitoring Committee will frequent or more specific ACL perform- recommend to the Demersal Species ance review criteria as part of a stock Committee of the MAFMC and the rebuilding plan following a determina- ASMFC, through the specification tion that the black sea bass stock has process, for use in conjunction with the become overfished. ACL and ACT, sector-specific research (3) Performance reviews shall not set-asides, estimates of the sector-re- substitute for annual reviews that lated discards, a recreational harvest occur to ascertain if prior year ACLs limit, a commercial quota, along with have been exceeded but may be con- other measures, as needed, that are ducted in conjunction with such re- projected to ensure the sector-specific views. ACL for an upcoming year or years will not be exceeded. The following meas- [76 FR 60636, Sept. 29, 2011] ures are to be considered by the Black Sea Bass Monitoring Committee: § 648.141 Black sea bass Annual Catch Target (ACT). (1) Research quota set from a range of 0 to 3 percent of the maximum al- (a) The Black Sea Bass Monitoring lowed. Committee shall identify and review (2) A commercial quota, allocated an- the relevant sources of management nually. uncertainty to recommend ACTs for (3) A commercial possession limit for the commercial and recreational fish- all moratorium vessels, with the provi- ing sectors as part of the black sea bass sion that these quantities be the max- specification process. The Black Sea imum allowed to be landed within a 24- Bass Monitoring Committee rec- hour period (calendar day). ommendations shall identify the spe- (4) Commercial minimum fish size. cific sources of management uncer- tainty that were considered, technical (5) Minimum mesh size in the codend approaches to mitigating these sources or throughout the net and the catch of uncertainty, and any additional rel- threshold that will require compliance evant information considered in the with the minimum mesh requirement. ACT recommendation process. (6) Escape vent size. (1) Sectors. Commercial and rec- (7) A recreational possession limit set reational specific ACTs shall be less after the reduction for research quota. than or equal to the sector-specific (8) Recreational minimum and/or ACLs. The Black Sea Bass Monitoring maximum fish size. Committee shall recommend any re- (9) Recreational season. duction in catch necessary to address (10) Recreational state conservation sector-specific management uncer- equivalent and precautionary default tainty, consistent with paragraph (a) of measures utilizing possession limits, this section. minimum fish sizes, and/or seasons set (2) Periodicity. ACTs may be estab- after reductions for research quota. lished on an annual basis for up to 3 (11) Restrictions on gear other than years at a time, dependent on whether otter trawls and pots or traps.

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(12) Total allowable landings on an are projected to ensure the rec- annual basis for a period not to exceed reational ACL for an upcoming fishing 3 years. year or years will not be exceeded. The (13) Changes, as appropriate, to the MAFMC shall review these rec- SBRM, including the CV-based per- ommendations and, based on the rec- formance standard, the means by ommendations and any public com- which discard data are collected/ob- ment, recommend to the Regional Ad- tained, fishery stratification, the proc- ministrator measures that are pro- ess for prioritizing observer sea-day al- jected to ensure the recreational ACL locations, reports, and/or industry- for an upcoming fishing year or years funded observers or observer set aside will not be exceeded. The MAFMC’s programs. recommendations must include sup- (14) Modification of the existing AM porting documentation, as appropriate, measures and ACT control rules uti- concerning the environmental and eco- lized by the Black Sea Bass Monitoring nomic impacts of the recommenda- Committee. tions. The MAFMC and the ASMFC (b) Specification fishing measures. The will recommend that the Regional Ad- Demersal Species Committee shall re- ministrator implement either: view the recommendations of the (1) Coastwide measures. Annual Black Sea Bass Monitoring Committee. coastwide management measures that Based on these recommendations and constrain the recreational black sea any public comment, the Demersal bass fishery to the recreational harvest Species Committee shall make its rec- limit, or ommendations to the MAFMC with re- (2) Conservation equivalent measures. spect to the measures necessary to as- Individual states, or regions formed sure that the sector-specific ACLs for voluntarily by adjacent states (i.e., an upcoming fishing year or years will multi-state conservation equivalency not be exceeded. The MAFMC shall re- regions), may implement different view these recommendations and, combinations of minimum and/or max- based on the recommendations and imum fish sizes, possession limits, and public comment, make recommenda- closed seasons that achieve equivalent tions to the Regional Administrator with respect to the measures necessary conservation as the coastwide meas- to assure that sector ACLs are not ex- ures. Each state or multi-state con- ceeded. Included in the recommenda- servation equivalency region may im- tion will be supporting documents, as plement measures by mode or area appropriate, concerning the environ- only if the proportional standard error mental and economic impacts of the of recreational landing estimates by final rule. The Regional Administrator mode or area for that state is less than will review these recommendations and 30 percent. any recommendations of the ASMFC. (i) After review of the recommenda- After such review, the Regional Admin- tions, the Regional Administrator will istrator will publish a proposed rule in publish a proposed rule in the FEDERAL the FEDERAL REGISTER to implement a REGISTER as soon as possible to imple- commercial quota, a recreational har- ment the overall percent adjustment in vest limit, and additional management recreational landings required for the measures for the commercial fishery. fishing year, and the ASMFC’s rec- (c) Distribution of annual commercial ommendation concerning conservation quota. The black sea bass commercial equivalency, the precautionary default quota will be allocated on a coastwide measures, and coastwide measures. basis. (ii) The ASMFC will review conserva- (d) Recreational specification measures. tion equivalency proposals and deter- The Demersal Species Committee shall mine whether or not they achieve the review the recommendations of the necessary adjustment to recreational Black Sea Bass Monitoring Committee. landings. The ASMFC will provide the Based on these recommendations and Regional Administrator with the indi- any public comment, the Demersal vidual state and/or multi-state region Species Committee shall recommend to conservation measures for the ap- the MAFMC and ASMFC measures that proved state and/or multi-state region

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proposals and, in the case of dis- ASMFC. The Regional Administrator approved state and/or multi-state re- will determine the date on which the gion proposals, the precautionary de- annual coastwide quota will have been fault measures that should be applied harvested; beginning on that date and to a state or region. At the request of through the end of the calendar year, the ASMFC, precautionary default the EEZ north of 35°15.3′ N. lat. will be measures would apply to federally per- closed to the possession of black sea mitted party/charter vessels and other bass. The Regional Administrator will recreational fishing vessels harvesting publish notification in the FEDERAL summer flounder in or from the EEZ REGISTER advising that, upon, and when landing in a state that imple- after, that date, no vessel may possess ments measures not approved by the black sea bass in the EEZ north of ASMFC. 35°15.3′ N. lat. during a closure, nor (iii) After considering public com- may vessels issued a moratorium per- ment, the Regional Administrator will mit land black sea bass during the clo- publish a final rule in the FEDERAL sure. Individual states will have the re- REGISTER to implement either the sponsibility to close their ports to state specific conservation equivalency landings of black sea bass during a clo- measures or coastwide measures to en- sure, pursuant to the FMP for the sure that the applicable specified tar- black sea bass fishery adopted by the get is not exceeded. ASMFC. (iv) The ASMFC may allow states as- (1) Commercial ACL overage evaluation. signed the precautionary default meas- The commercial sector ACL will be ures to resubmit revised management evaluated based on a single-year exam- measures. The ASMFC will detail the ination of total catch (landings and procedures by which the state can de- dead discards). Both landings and dead velop alternate measures. The ASMFC discards will be evaluated in deter- will notify the Regional Administrator mining if the commercial sector ACL of any resubmitted state proposals ap- has been exceeded. proved subsequent to publication of the (2) Commercial landings overage repay- final rule and the Regional Adminis- ment. Landings in excess of the annual trator will publish a document in the coastwide quota will be deducted from FEDERAL REGISTER to notify the public. the quota allocation for the following (e) Research quota. See § 648.22(g). year in the final rule that establishes [84 FR 65704, Nov. 29, 2019] the annual quota. The overage deduc- tion will be based on landings for the § 648.143 Black sea bass accountability current year through September 30, measures. and landings for the previous calendar (a) Commercial sector fishery closure. year were not included when the over- The Regional Administrator will mon- age deduction was made in the final itor the harvest of commercial quota rule that established the annual based on dealer reports, state data, and coastwide quota for the current year. If other available information. All black the Regional Administrator determines sea bass landed for sale in the states during the fishing year that any part of from North Carolina through Maine by an overage deduction was based on er- a vessel with a moratorium permit roneous landings data that were in ex- issued under § 648.4(a)(7) shall be ap- cess of actual landings for the period plied against the commercial annual concerned, he/she will restore the over- coastwide quota, regardless of where age that was deducted in error to the the black sea bass were harvested. All appropriate quota allocation. The Re- black sea bass harvested north of gional Administrator will publish noti- 35°15.3′ N. lat., and landed for sale in fication in the FEDERAL REGISTER an- the states from North Carolina through nouncing the restoration. Maine by any vessel without a morato- (b) Non-landing accountability meas- rium permit and fishing exclusively in ure. In the event that the commercial state waters, will be counted against ACL has been exceeded and the overage the quota by the state in which it is has not been accommodated through landed, pursuant to the FMP for the the landings-based AM, then the fol- black sea bass fishery adopted by the lowing procedure will be followed:

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(1) Overfishing, rebuilding, or unknown age total catch from both 2012 and 2013 stock status. If the most recent estimate will be compared to the average of the of biomass is below the BMSY threshold 2012 and 2013 recreational sector ACLs; (i.e., B/BMSY is less than 0.5), the stock the average total catch from 2012, 2013, is under a rebuilding plan, or the bio- and 2014 will be compared to the aver- logical reference points (B or BMSY) are age of the 2012, 2013, and 2014 rec- unknown, and the commercial ACL has reational sector ACLs and, for all sub- been exceeded, then the exact amount, sequent years, the preceding 3-year av- in pounds, by which the most recent erage recreational total catch will be year’s commercial catch estimate ex- compared to the preceding 3-year aver- ceeded the most recent year’s commer- age recreational sector ACL. cial ACL will be deducted, in the fol- (d) Recreational AMs. If the rec- lowing fishing year from the commer- reational ACL is exceeded, then the cial ACT, as a single-year adjustment. following procedure will be followed: (2) If biomass is above the threshold, but (1) If biomass is below the threshold, the below the target, and the stock is not stock is under rebuilding, or biological ref- under rebuilding. If the most recent es- erence points are unknown. If the most timate of biomass is above the biomass recent estimate of biomass is below the threshold (B/BMSY is greater than 0.5), BMSY threshold (i.e., B/BMSY is less than but below the biomass target (B/BMSY is 0.5), the stock is under a rebuilding less than 1.0), and the stock is not plan, or the biological reference points under a rebuilding plan, then the fol- (B or BMSY) are unknown, and the rec- lowing AMs will apply: reational ACL has been exceeded, then (i) If the Commercial ACL has been the exact amount, in pounds, by which exceeded, but not the overall ABC, the most recent year’s recreational then no single-year AM payback is re- catch estimate exceeded the most re- quired. cent year’s recreational ACL will be (ii) If the Commercial ACL and ABC deducted in the following fishing year, have been exceeded, then a scaled sin- or as soon as possible thereafter, once gle-year adjustment to the commercial catch data are available, from the rec- ACT will be made, in the following reational ACT, as a single-year adjust- fishing year. The ACT will be reduced ment. by the exact amount, in pounds, of the (2) If biomass is above the threshold, but product of the overage, defined as the below the target, and the stock is not difference between the commercial under rebuilding. If the most recent es- catch and the commercial ACT, and timate of biomass is above the biomass the payback coefficient. The payback threshold (B/BMSY is greater than 0.5), coefficient is the difference between but below the biomass target (B/BMSY is the most recent estimate of biomass less than 1.0), and the stock is not and BMSY (i.e., BMSY¥B) divided by one- under a rebuilding plan, then the fol- half of BMSY. lowing AMs will apply: (3) If biomass is above BMSY. If the (i) If the Recreational ACL has been ex- most recent estimate of biomass is ceeded. If the Recreational ACL has above BMSY (i.e., B/BMSY is greater than been exceeded, then adjustments to the 1.0), then no single-year AM payback is recreational management measures, required. taking into account the performance of (c) Recreational ACL Evaluation. The the measures and conditions that pre- recreational sector ACL will be evalu- cipitated the overage, will be made in ated based on a 3-year moving average the following fishing year, or as soon comparison of total catch (landings as possible thereafter, once catch data and dead discards). Both landings and are available, as a single-year adjust- dead discards will be evaluated in de- ment. termining if the 3-year average rec- (ii) If the ABC has been exceeded. If reational sector ACL has been exceed- the ABC has been exceeded, then a sin- ed. The 3-year moving average will be gle-year adjustment to the rec- phased in over the first 3 years, begin- reational ACT will be made in the fol- ning with 2012: Total recreational total lowing fishing year, or as soon as pos- catch from 2012 will be compared to the sible thereafter, once catch data are 2012 recreational sector ACL; the aver- available, as described in paragraph

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(d)(2)(ii)(A) of this section. In addition, 100 lb (45.4 kg) or more of black sea adjustments to the recreational man- bass from April 1 through December 31, agement measures, taking into account must fish with nets that have a min- the performance of the measures and imum mesh size of 4.5-inch (11.43-cm) conditions that precipitated the over- diamond mesh applied throughout the age, will be made in the following year. codend for at least 75 continuous (A) Adjustment to Recreational ACT. If meshes forward of the terminus of the an adjustment to the following year’s net, or for codends with less than 75 Recreational ACT is required, then the meshes, the entire net must have a ACT will be reduced by the exact minimum mesh size of 4.5-inch (11.43- amount, in pounds, of the product of cm) diamond mesh throughout. the overage, defined as the difference between the recreational catch and the (ii) Mesh sizes shall be measured pur- recreational ACL, and the payback co- suant to the procedure specified in efficient, as specified in paragraph § 648.108(a)(2). (d)(2)(ii)(B) of this section. (2) Net modifications. No vessel subject (B) Payback coefficient. The payback to this part shall use any device, gear, coefficient is the difference between or material, including, but not limited the most recent estimate of biomass to, nets, net strengtheners, ropes, and BMSY (i.e., BMSY¥B) divided by one- lines, or chafing gear, on the top of the half of BMSY. regulated portion of a trawl net except (3) If biomass is above BMSY. If the most that one splitting strap and one bull recent estimate of biomass is above rope (if present) consisting of line or BMSY (i.e., B/BMSY is greater than 1.0), rope no more than 3 inches (7.6 cm) in then adjustments to the recreational diameter may be used if such splitting management measures, taking into ac- strap and/or bull rope does not con- count the performance of the measures strict, in any manner, the top of the and conditions that precipitated the regulated portion of the net, and one overage, will be made in the following rope no greater than 0.75 inches (1.9 fishing year, or as soon as possible cm) in diameter extending the length thereafter, once catch data are avail- of the net from the belly to the ter- able, as a single-year adjustment. (e) State/Federal disconnect AM. If the minus of the codend along the top, bot- total catch, allowable landings, com- tom, and each side of the net. ‘‘Top of mercial quotas, and/or RHL measures the regulated portion of the net’’ adopted by the ASMFC Summer Floun- means the 50 percent of the entire reg- der, Scup and Black Sea Bass Manage- ulated portion of the net that (in a hy- ment Board and the MAFMC differ for pothetical situation) will not be in con- a given fishing year, administrative ac- tact with the ocean bottom during a tion will be taken as soon as possible tow if the regulated portion of the net to revisit the respective recommenda- were laid flat on the ocean floor. For tions of the two groups. The intent of the purpose of this paragraph, head this action shall be to achieve align- ropes shall not be considered part of ment through consistent state and the top of the regulated portion of a Federal measures such that no dif- trawl net. ferential effects occur to Federal per- (3) Mesh obstruction or constriction. (i) mit holders. A fishing vessel may not use any mesh [76 FR 60636, Sept. 29, 2011, as amended at 78 configuration, mesh construction, or FR 76764, Dec. 19, 2013; 83 FR 53827, Oct. 25, other means on or in the top of the net, 2018] as defined in paragraph (a)(2) of this section, that obstructs the meshes of § 648.144 Black sea bass gear restric- tions. the net in any manner, or otherwise causes the size of the meshes of the net (a) Trawl gear restrictions—(1) General. while in use to diminish to a size (i) Otter trawlers whose owners are smaller than the minimum established issued a black sea bass moratorium pursuant to paragraph (a)(1)(i) of this permit and that land or possess 500 lb section. (226.8 kg) or more of black sea bass from January 1 through March 31, or

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(ii) No person on any vessel may pos- (A) Untreated hemp, jute, or cotton sess or fish with a net capable of catch- string of 3⁄16 inches (4.8 mm) diameter ing black sea bass in which the bars en- or smaller; or tering or exiting the knots twist (B) Magnesium alloy, timed float re- around each other. leases (pop-up devices) or similar mag- (4) Stowage of nets. Otter trawl vessels nesium alloy fasteners; or subject to the minimum mesh-size re- (C) Ungalvanized or uncoated iron quirement of paragraph (a)(1)(i) of this wire of 0.094 inches (2.4 mm) diameter section may not have ‘‘available for or smaller. immediate use’’ any net or any piece of (ii) The use of a single non-degrad- net that does not meet the minimum able retention device designed to pre- mesh size requirement, or any net, or vent loss of the ghost panel after the any piece of net, with mesh that is degradable materials have failed is per- rigged in a manner that is inconsistent mitted, provided the device does not with the minimum mesh size require- impair the egress design function of ment. Nets must be stowed and not the ghost panel by obstructing the available for immediate use as defined opening or by preventing the panel in § 648.2. from opening at such time that the de- (5) Roller gear. Rollers used in roller gradable fasteners have completely de- rig or rock hopper trawl gear shall be teriorated. no larger than 18 inches (45.7 cm) in di- ameter. [76 FR 60637, Sept. 29, 2011, as amended at 79 (b) Pot and trap gear restrictions—(1) FR 52583, Sept. 4, 2014; 84 FR 65705, Nov. 29, Gear marking. The owner of a vessel 2019] issued a black sea bass moratorium § 648.145 Black sea bass possession permit must mark all black sea bass limit. pots or traps with the vessel’s USCG documentation number or state reg- (a) During the recreational fishing istration number. season specified at § 648.146, no person (2) All black sea bass traps or pots shall possess more than 15 black sea must have two escape vents placed in bass in, or harvested from, per trip the lower corners of the parlor portion of EEZ unless that person is the owner or the pot or trap that each comply with operator of a fishing vessel issued a one of the following minimum size re- black sea bass moratorium permit, or quirements: 1.375 inches by 5.75 inches is issued a black sea bass dealer per- (3.49 cm by 14.61 cm); a circular vent of mit, unless otherwise specified in the 2.5 inches (6.4 cm) in diameter; or a conservation equivalent measures de- square vent with sides of 2 inches (5.1 scribed in § 648.148(d)(2). Persons aboard cm), inside measure; however, black a commercial vessel that is not eligible sea bass traps constructed of wooden for a black sea bass moratorium permit laths instead may have escape vents may not retain more than 15 black sea constructed by leaving spaces of at bass during the recreational fishing least 1.375 inches (3.49 cm) between two season specified at § 648.146. The owner, sets of laths in the parlor portion of operator, and crew of a charter or the trap. These dimensions for escape party boat issued a black sea bass mor- vents and lath spacing may be adjusted atorium permit are subject to the pos- pursuant to the procedures in § 648.140. session limit when carrying passengers (3) Ghost panel. (i) Black sea bass for hire or when carrying more than traps or pots must contain a ghost five crew members for a party boat, or panel affixed to the trap or pot with de- more than three crew members for a gradable fasteners and hinges. The charter boat. This possession limit opening to be covered by the ghost may be adjusted pursuant to the proce- panel must measure at least 3.0 inches dures in § 648.142. However, possession (7.62 cm) by 6.0 inches (15.24 cm). The of black sea bass harvested from state ghost panel must be affixed to the pot waters above this possession limit is or trap with hinges and fasteners made allowed for state-only permitted ves- of one of the following degradable ma- sels when transiting Federal waters terials: within the Block Island Sound Transit

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Area provided they follow the provi- is adjusted pursuant to the procedures sions at § 648.150 and abide by state reg- in § 648.142. However, possession of ulations. black sea bass harvested from state wa- (b) If whole black sea bass are proc- ters outside of this season is allowed essed into fillets, an authorized officer for state-only permitted vessels when will convert the number of fillets to transiting Federal waters within the whole black sea bass at the place of Block Island Sound Transit Area pro- landing by dividing fillet number by vided they follow the provisions at two. If black sea bass are filleted into § 648.151 and abide by state regulations. a single (butterfly) fillet, such fillet [84 FR 65705, Nov. 29, 2019] shall be deemed to be from one whole black sea bass. § 648.147 Black sea bass size require- (c) Black sea bass harvested by ves- ments. sels subject to the possession limit (a) Moratorium (commercially) per- with more than one person aboard may mitted vessels. The minimum size for be pooled in one or more containers. black sea bass is 11 inches (27.94 cm) Compliance with the possession limit total length for all vessels issued a will be determined by dividing the moratorium permit under § 648.4(a)(7) number of black sea bass on board by that fish for, possess, land or retain the number of persons aboard, other black sea bass in or from U.S. waters of than the captain and the crew. If there the western Atlantic Ocean from is a violation of the possession limit on 35°15.3′ N. Lat., the latitude of Cape board a vessel carrying more than one Hatteras Light, North Carolina, north- person, the violation shall be deemed ward to the U.S.-Canadian border. The to have been committed by the owner minimum size may be adjusted for and operator of the vessel. commercial vessels pursuant to the (d) Owners or operators of otter trawl procedures in § 648.142. vessels issued a moratorium permit (b) Party/Charter permitted vessels and under § 648.4(a)(7) and fishing with, or recreational fishery participants. The possessing on board, nets or pieces of minimum fish size for black sea bass is net that do not meet the minimum 12.5 inches (31.75 cm) total length for mesh requirements specified in all vessels that do not qualify for a § 648.144(a) and that are not stowed in black sea bass moratorium permit, and accordance with § 648.144(a)(4) may not for party boats holding a black sea bass retain more than 500 lb (226.8 kg) of moratorium permit, if fishing with pas- black sea bass from January 1 through sengers for hire or carrying more than March 31, or more than 100 lb (45.4 kg) five crew members, and for charter of black sea bass from April 1 through boats holding a black sea bass morato- December 31. Black sea bass on board rium permit, if fishing with more than these vessels shall be stored so as to be three crew members, unless otherwise readily available for inspection in a specified in the conservation equiva- standard 100-lb (45.4-kg) tote. lent measures as described in [76 FR 60638, Sept. 29, 2011, as amended at 77 § 648.142(d)(2). However, possession of FR 30431, May 23, 2012; 78 FR 37480, June 21, smaller black sea bass harvested from 2013; 79 FR 38265, July 7, 2014; 80 FR 35259, state waters is allowed for state-only June 19, 2015; 84 FR 65705, Nov. 29, 2019] permitted vessels when transiting Fed- eral waters within the Block Island § 648.146 Black sea bass recreational Sound Transit Area provided they fol- fishing season. low the provisions at § 648.151 and abide Vessels that are not eligible for a by state regulations. black sea bass moratorium permit (c) The size limits in this section ap- under § 648.4(a)(7), and fishermen sub- plies to the whole fish or any part of a ject to the possession limit specified in fish found in possession (e.g., fillets), § 648.145(a), may only possess black sea except that party or charter vessels bass from February 1 through February fishing exclusively in state waters pos- 28, May 15 through December 31, unless sessing valid black sea bass state per- otherwise specified in the conservation mits authorizing filleting at sea may equivalent measures described in possess fillets smaller than the size § 648.1542(d)(2)or unless this time period specified if skin remains on the fillet

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and all other state requirements are (4) The Regional Administrator will met. review the MAFMC’s recommendation. If the Regional Administrator concurs [76 FR 60638, Sept. 29, 2011, as amended at ; 84 FR 65705, Nov. 29, 2019] in the recommendation, he or she will publish a proposed rule in the FEDERAL § 648.148 Special management zones. REGISTER in accordance with the rec- ommendations. If the Regional Admin- (a) General. The recipient of a U.S. istrator rejects the MAFMC’s rec- Army Corps of Engineers permit for an ommendation, he or she shall advise artificial reef, fish attraction device, or the MAFMC in writing of the basis for other modification of habitat for pur- the rejection. poses of fishing may request that an (5) The proposed rule to establish an area surrounding and including the site SMZ shall afford a reasonable period be designated by the MAFMC as a spe- for public comment. Following a re- cial management zone (SMZ). The view of public comments and any infor- MAFMC may prohibit or restrain the mation or data not previously avail- use of specific types of fishing gear able, the Regional Administrator will that are not compatible with the pur- publish a final rule if he or she deter- pose of the artificial reef or fish attrac- mines that the establishment of the tion device or other habitat modifica- SMZ is supported by the substantial tion within the SMZ. The establish- weight of evidence in the record and ment of an SMZ will be effected by a consistent with the Magnuson-Stevens regulatory amendment, pursuant to Act and other applicable law. the following procedure: An SMZ moni- (b) Approved/Established SMZs—(1) toring team comprised of members of Delaware Special Management Zone staff from the MAFMC, NMFS Greater Areas. Special management zones are Atlantic Regional Fisheries Office, and established for Delaware artificial reef NMFS Northeast Fisheries Science permit areas #9, 10, 11, and 13, in the Center will evaluate the request in the area of the U.S. Exclusive Economic form of a written report. Zone. From January 1 through Decem- (1) Evaluation criteria. In establishing ber 31 of each year, no person may fish an SMZ, the SMZ monitoring team will in the Delaware Special Management consider the following criteria: Zones except by handline, rod and reel, (i) Fairness and equity; or spear fishing (including the taking (ii) Promotion of conservation; of fish by hand). The Delaware Special (iii) Avoidance of excessive shares; Management Zones are defined by (iv) Consistency with the objectives rhumb lines connecting the following of Amendment 9 to the Summer Floun- coordinates in the order stated: der, Scup, and Black Sea Bass Fishery (i) Delaware artificial reef #9. Management Plan, the Magnuson-Ste- vens Act, and other applicable law; Point Corner N Latitude W Longitude (v) The natural bottom in and sur- 1 ...... 9SE 38°39.972′ 74°59.298′ rounding potential SMZs; and 2 ...... 9SW 38°40.05′ 75°0.702′ (vi) Impacts on historical uses. 3 ...... 9NW 38°40.848′ 75°0.402′ 4 ...... 9NE 38°40.8′ 74°58.902′ (2) The MAFMC Chairman may 5 ...... 9SE 38°39.972′ 74°59.298′ schedule meetings of MAFMC’s indus- try advisors and/or the SSC to review (ii) Delaware artificial reef #10. the report and associated documents and to advise the MAFMC. The Point Corner N Latitude W Longitude MAFMC Chairman may also schedule 1 ...... 10SE 38°36.198′ 74°55.674′ public hearings. 2 ...... 10SW 38°36.294′ 74°57.15′ (3) The MAFMC, following review of 3 ...... 10NW 38°37.098′ 74°56.802′ 4 ...... 10NE 38°37.002′ 74°55.374′ the SMZ monitoring team’s report, 5 ...... 10SE 38°36.198′ 74°55.674′ supporting data, public comments, and other relevant information, may rec- (iii) Delaware artificial reef #11. ommend to the Regional Administrator that an SMZ be approved. Such a rec- Point Corner N Latitude W Longitude ommendation will be accompanied by 1 ...... 11SE 38°39.882′ 74°43.05′ all relevant background information. 2 ...... 11SW 38°40.002′ 74°44.802′

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Point Corner N Latitude W Longitude Point N Latitude W Longitude

3 ...... 11NW 38°40.848′ 74°44.502′ NE Corner ...... 39°29.00′ 74°10.00′ 4 ...... 11NE 38°40.752′ 74°42.75′ 5 ...... 11SE 38°39.882′ 74°43.05′ (v) Atlantic City Reef Site.

(iv) Delaware artificial reef #13. Point N Latitude W Longitude

Point Corner N Latitude W Longitude NE Corner ...... 39°16.90′ 74°15.28′ SE Corner ...... 39°13.93′ 74°11.80′ 1 ...... 13SE 38°30.138′ 74°30.582′ SW Corner ...... 39°13.30′ 74°12.70′ 2 ...... 13SW 38°30.222′ 74°31.5′ NW Corner ...... 39°16.22′ 74°16.18′ 3 ...... 13NW 38°31.614′ 74°30.864′ NE Corner ...... 39°16.90′ 74°15.28′ 4 ...... 13NE 38°31.734′ 74°30.018′ 5 ...... 13SE 38°30.138′ 74°30.582′ (vi) Great Egg Reef Site.

(2) New Jersey Special Management Point N Latitude W Longitude Zone Areas. Special management zones NE Corner ...... 39°15.00′ 74°21.00′ are established for New Jersey artifi- SE Corner ...... 39°14.00′ 74°21.00′ cial reef permit areas, in the area of SW Corner ...... 39°14.00′ 74°22.00′ the U.S. Exclusive Economic Zone. NW Corner ...... 39°15.00′ 74°22.00′ NE Corner ...... 39°15.00′ 74°21.00′ From January 1 through December 31 of each year, no person may fish in the (vii) Ocean City Reef Site. New Jersey Special Management Zones except by handline, rod and reel, or Point N Latitude W Longitude spear fishing (including the taking of NE Corner ...... 39°10.75′ 74°32.45′ fish by hand). The New Jersey Special SE Corner ...... 39°09.40′ 74°34.62′ Management Zones are defined by SW Corner ...... 39°09.82′ 74°34.97′ NW Corner ...... 39°11.10′ 74°32.85′ rhumb lines connecting the following NE Corner ...... 39°10.75′ 74°32.45′ coordinates in the order stated: (i) Sea Girt Reef Site. (viii) Shark River Reef Site.

Point N Latitude W Longitude Point N Latitude W Longitude ° ′ ° ′ NE Corner ...... 40 08.22 73 55.52 NE Corner ...... 40°07.33′ 73°41.08′ ° ′ ° ′ ME Corner ...... 40 07.30 73 56.67 SE Corner ...... 40°06.20′ 73°41.08′ ° ′ ° ′ SE Corner ...... 40 06.13 73 57.12 SW Corner ...... 40°06.20′ 73°41.80′ ° ′ ° ′ SW Corner ...... 40 06.17 73 57.57 NW Corner ...... 40°07.33′ 73°41.80′ ° ′ ° ′ MW Corner ...... 40 07.48 73 57.15 NE Corner ...... 40°07.33′ 73°41.08′ NW Corner ...... 40°08.63′ 73°55.73′ NE Corner ...... 40°08.22′ 73°55.52′ (ix) Barnegat Light Reef Site.

(ii) Garden State North Reef Site. Point N Latitude W Longitude

Point N Latitude W Longitude NE Corner ...... 39°45.87′ 74°01.10′ SE Corner ...... 39°44.62′ 74°01.10′ ° ′ ° NE Corner ...... 39 38.05 74 00.70 SW Corner ...... 39°44.62′ 74°01.95′ ° ′ ° ′ SE Corner ...... 39 37.05 74 01.00 NW Corner ...... 39°45.87′ 74°01.95′ ° ′ ° ′ SW Corner ...... 39 37.00 74 02.50 NE Corner ...... 39°45.87′ 74°01.10′ NW Corner ...... 39°37.98′ 74°02.20′ NE Corner ...... 39°38.05′ 74°00.70′ (x) Wildwood Reef Site.

(iii) Garden State South Reef Site. Point N Latitude W Longitude

Point N Latitude W Longitude NE Corner ...... 38°57.85′ 74°39.70′ SE Corner ...... 38°56.58′ 74°41.40′ ° ′ ° ′ NE Corner ...... 39 33.82 74 05.75 SW Corner ...... 38°57.55′ 74°42.60′ ° ′ ° ′ SE Corner ...... 39 33.33 74 05.85 NW Corner ...... 38°58.80′ 74°40.90′ ° ′ ° ′ SW Corner ...... 39 33.33 74 07.35 NE Corner ...... 38°57.85′ 74°39.70′ NW Corner ...... 39°33.80′ 74°07.20′ NE Corner ...... 39°33.82′ 74°05.75′ (xi) Deepwater Reef Site.

(iv) Little Egg Reef Site. Point N Latitude W Longitude

Point N Latitude W Longitude NE Corner ...... 38°59.00′ 74°10.50′ SE Corner ...... 38°58.00′ 74°10.50′ ° ′ ° ′ NE Corner ...... 39 29.00 74 10.00 SW Corner ...... 38°58.00′ 74°11.50′ ° ′ ° ′ SE Corner ...... 39 28.00 74 10.00 NW Corner ...... 38°59.00′ 74°11.50′ ° ′ ° ′ SW Corner ...... 39 28.00 74 12.00 NE Corner ...... 38°59.00′ 74°10.50′ NW Corner ...... 39°29.00′ 74°12.00′

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(xii) Cape May Reef Site. state regulations, and is in continuous transit. During such transit through Point N Latitude W Longitude this area, commercial gear must be NE Corner ...... 38°53.45′ 74°39.43′ stowed in accordance with the defini- SE Corner ...... 38°50.07′ 74°42.25′ tion of ‘‘not available for immediate SW Corner ...... 38°50.67′ 74°43.25′ NW Corner ...... 38°53.97′ 74°40.62′ use’’ found at § 648.2, and party/charter NE Corner ...... 38°53.45′ 74°39.43′ vessels and recreational participants must have all bait and hooks removed (xiii) Townsend Inlet Reef Site. from fishing rods, and any black sea bass on board must be stored in a cool- Point N Latitude W Longitude er or container. NE Corner ...... 39°06.70′ 74°36.00′ (b) The requirements of this transit SE Corner ...... 39°06.25′ 74°36.00′ zone are not necessary or applicable for SW Corner ...... 39°06.25′ 74°37.50′ NW Corner ...... 39°06.70′ 74°37.50′ recreational fishery participants dur- NE Corner ...... 39°06.70′ 74°36.00′ ing years when conservation equiva- lency has been adopted under conserva- [80 FR 32485, June 9, 2015, as amended at 83 tion equivalency measures and rec- FR 31692, July 9, 2018] reational Federal measures are waived.

§ 648.149 Black sea bass framework ad- [84 FR 65705, Nov. 29, 2019] justments to management meas- ures. Subpart J—Management Meas- (a) Within season management action. ures for the Atlantic Bluefish See § 648.110(a). Fishery (1) Adjustment process. See § 648.110(a)(1). SOURCE: 65 FR 45852, July 26, 2000, unless (2) MAFMC recommendation. See otherwise noted. § 648.110(a)(2)(i) through (iv). (3) Regional Administrator action. See § 648.160 Bluefish Annual Catch Limit § 648.110(a)(3)(i) through (iii). (ACL). (4) Emergency actions. See (a) The Bluefish Monitoring Com- § 648.110(a)(4). mittee shall recommend to the (b) [Reserved] MAFMC an ACL for the bluefish fish- [76 FR 60639, Sept. 29, 2011] ery, which shall be equal to the ABC recommended by the SSC. § 648.150 Block Island Sound Transit (1) Periodicity. The bluefish fishery Zone. ACL may be established on an annual (a) Vessels not issued a black sea basis for up to 3 years at a time, de- bass Federal moratorium or party/ pendent on whether the SSC provides charter permit, and recreational fish- single or multiple-year ABC rec- ing participants fishing exclusively in ommendations. state waters may transit with black (2) [Reserved] sea bass harvested from state waters (b) Performance review. The Bluefish on board through Federal waters of the Monitoring Committee shall conduct a EEZ within Block Island Sound, north detailed review of fishery performance of a line connecting Montauk Light, relative to the ACL at least every 5 Montauk Point, NY, and Block Island years. Southeast Light, Block Island, RI; and (1) If the ACL is exceeded with a fre- west of a line connecting Point Judith quency greater than 25 percent (i.e., Light, Point Judith, RI, and Block Is- more than once in 4 years or any 2 con- land Southeast Light, Block Island, RI. secutive years), the Bluefish Moni- Within this area, possession of black toring Committee will review fishery sea bass is permitted regardless of the performance information and make minimum and/or maximum (as applica- recommendations to the MAFMC for ble) size, possession limit, and seasons changes in measures intended to ensure outlined in §§ 648.145, 648.146, and the ACL is not exceeded as frequently. 648.147, provided no fishing takes place (2) The MAFMC may specify more from the vessel while in Federal waters frequent or more specific ACL perform- of the EEZ, the vessel complies with ance review criteria as part of a stock

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rebuilding plan following the deter- (h) of this section, the Bluefish Moni- mination that the bluefish stock has toring Committee shall recommend to become overfished. the Coastal Migratory Committee of (3) Performance reviews shall not the MAFMC and the ASMFC the fol- substitute for annual reviews that lowing measures to ensure that the occur to ascertain if prior year ACLs ACL specified by the process outlined have been exceeded, but may be con- in § 648.160(a) will not be exceeded: ducted in conjunction with such re- (1) A fishery-level ACT; views. (2) Research quota set from a range of 0 to 3 percent of TALs; [76 FR 60639, Sept. 29, 2011] (3) Commercial minimum fish size; § 648.161 Bluefish Annual Catch Tar- (4) Minimum mesh size; gets (ACTs). (5) Recreational possession limit set (a) The Bluefish Monitoring Com- from a range of 0 to 20 bluefish; mittee shall identify and review the (6) Recreational minimum fish size; relevant sources of management uncer- (7) Recreational season; tainty to recommend ACTs for the (8) Restrictions on gear other than commercial and recreational fishing otter trawls and gill nets; sectors as part of the bluefish speci- (9) Changes, as appropriate, to the fication process. The Bluefish Moni- SBRM, including the CV-based per- toring Committee recommendations formance standard, the means by shall identify the specific sources of which discard data are collected/ob- management uncertainty that were tained, fishery stratification, the proc- considered, technical approaches to ess for prioritizing observer sea-day al- mitigating these sources of uncer- locations, reports, and/or industry- tainty, and any additional relevant in- funded observers or observer set aside formation considered in the ACT rec- programs; and ommendation process. (10) Modification of existing AM measures and ACT control rules uti- (1) Sectors. The sum of the commer- cial and recreational sector-specific lized by the Bluefish Monitoring Com- ACTs shall be less than or equal to the mittee. fishery level ACL. The Bluefish Moni- (b) TAL—(1) Recreational harvest limit. toring Committee shall recommend If research quota is specified as de- any reduction in catch necessary to ad- scribed in paragraph (g) of this section, dress management uncertainty, con- the recreational harvest limit will be sistent with paragraph (a) of this sec- based on the TAL remaining after the tion. A total of 83 percent of the fish- deduction of the research quota. ery-level ACT will be allocated to the (2) Commercial quota. If 17 percent of recreational fishery. A total of 17 per- the TAL is less than 10.5 million lb (4.8 cent of the fishery-level ACT will be al- million kg) and the recreational fish- located to the commercial fishery. ery is not projected to land its harvest limit for the upcoming year, the com- (2) Periodicity. ACTs may be estab- lished on an annual basis for up to 3 mercial fishery may be allocated up to years at a time, dependent on whether 10.5 million lb (4.8 million kg) as its the SSC provides single or multiple- quota, provided that the combination year ABC recommendations. of the projected recreational landings and the commercial quota does not ex- (b) Performance review. The Bluefish Monitoring Committee shall conduct a ceed the TAL. If research quota is spec- detailed review of fishery performance ified as described in paragraph (g) of relative to ACTs in conjunction with this section, the commercial quota will any ACL performance review, as out- be based on the TAL remaining after lined in § 648.160(b)(1) through (3). the deduction of the research quota. (c) Annual fishing measures. The [76 FR 60639, Sept. 29, 2011] MAFMC’s Coastal Migratory Com- mittee shall review the recommenda- § 648.162 Bluefish specifications. tions of the Bluefish Monitoring Com- (a) Recommended measures. Based on mittee. Based on these recommenda- the annual review and requests for re- tions and any public comment, the search quota as described in paragraph Coastal Migratory Committee shall

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recommend to the MAFMC measures agement responsibility and expertise, necessary to ensure that the ACL will or his/her previously named designee, not be exceeded. The MAFMC shall re- for each state involved. The letter(s) view these recommendations and, must certify that all pertinent state based on the recommendations and any requirements have been met and iden- public comment, recommend to the Re- tify the states involved and the gional Administrator by September 1 amount of quota to be transferred or measures necessary to ensure that the combined. applicable ACL will not be exceeded. (1) Within 10 working days following The MAFMC’s recommendations must the receipt of the letter(s) from the include supporting documentation, as states involved, the Regional Adminis- appropriate, concerning the environ- trator shall notify the appropriate mental, economic, and social impacts state officials of the disposition of the of the recommendations. The Regional request. In evaluating requests to Administrator shall review these rec- transfer a quota or combine quotas, the ommendations and any recommenda- Regional Administrator shall consider tions of the ASMFC. After such review, whether: NMFS will publish a proposed rule in (i) The transfer or combination would the FEDERAL REGISTER as soon as prac- preclude the overall annual quota from ticable, to implement an ACL, ACTs, being fully harvested; research quota, a coastwide commer- (ii) The transfer addresses an unfore- cial quota, individual state commercial seen variation or contingency in the quotas, a recreational harvest limit, fishery; and and additional management measures (iii) The transfer is consistent with for the commercial and recreational the objectives of the Bluefish FMP and fisheries to ensure that the ACL will Magnuson-Stevens Act. not be exceeded. After considering pub- (2) The transfer of quota or the com- lic comment, NMFS will publish a final bination of quotas will be valid only for rule in the FEDERAL REGISTER. the calendar year for which the request (d) Distribution of annual commercial was made. quota. (1) The annual commercial quota (3) A state may not submit a request will be distributed to the states, based to transfer quota or combine quotas if upon the following percentages; state a request to which it is party is pend- each followed by its allocation in pa- ing before the Regional Administrator. rentheses: ME (0.6685); NH (0.4145); MA A state may submit a new request (6.7167); RI (6.8081); CT (1.2663); NY when it receives notification that the (10.3851); NJ (14.8162) DE (1.8782); MD Regional Administrator has dis- (3.0018); VA (11.8795); NC (32.0608); SC approved the previous request or when (0.0352); GA (0.0095); and FL (10.0597). notification of the approval of the Note: The sum of all state allocations transfer or combination has been pub- does not add to 100 because of round- lished in the FEDERAL REGISTER. ing. (f) Based upon any changes in the (2) [Reserved] landings data available from the states (e) Quota transfers and combinations. for the base years 1981–89, the ASMFC Any state implementing a state com- and the MAFMC may recommend to mercial quota for bluefish may request the Regional Administrator that the approval from the Regional Adminis- states’ shares specified in paragraph trator to transfer part or all of its an- (d)(1) of this section be revised. The nual quota to one or more states. Two MAFMC’s and the ASMFC’s rec- or more states implementing a state ommendation must include supporting commercial quota for bluefish may re- documentation, as appropriate, con- quest approval from the Regional Ad- cerning the environmental and eco- ministrator to combine their quotas, or nomic impacts of the recommendation. part of their quotas, into an overall re- The Regional Administrator shall re- gional quota. Requests for transfer or view the recommendation of the combination of commercial quotas for ASMFC and the MAFMC. After such bluefish must be made by individual or review, NMFS will publish a proposed joint letter(s) signed by the principal rule in the FEDERAL REGISTER to im- state official with marine fishery man- plement a revision in the state shares.

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After considering public comment, duced quota through the transfer proc- NMFS will publish a final rule in the ess described in § 648.162, then any over- FEDERAL REGISTER to implement the age will be measured against that changes in allocation. state’s final adjusted quota. (g) Research quota. See § 648.21(g). (2) If there is a quota overage at the [76 FR 60639, Sept. 29, 2011, as amended at 76 end of the fishing year among states FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, involved in the combination of quotas, 2015] the overage will be deducted from the following year’s quota for each of the § 648.163 Bluefish Accountability states involved in the combined quota, Measures (AMs). irrespective of whether the fishery- (a) ACL overage evaluation. The ACL level ACL is exceeded. The deduction will be evaluated based on a single- will be proportional, based on each year examination of total catch (land- state’s relative share of the combined ings and dead discards). Both landings quota for the previous year. A transfer and dead discards will be evaluated in of quota or combination of quotas does determining if the ACL has been ex- not alter any state’s percentage share ceeded. (b) Commercial sector EEZ closure. of the overall quota specified in NMFS shall close the EEZ to fishing § 648.162(d)(1). for bluefish by commercial vessels for (d) Recreational landings AM when the the remainder of the calendar year by ACL is exceeded and no sector-to-sector publishing notification in the FEDERAL transfer of allowable landings has oc- REGISTER if the Regional Adminis- curred. If the fishery-level ACL is ex- trator determines that the inaction of ceeded and landings from the rec- one or more states will cause the ACL reational fishery are determined to be specified in § 648.160(a) to be exceeded, the sole cause of the overage, and no or if the commercial fisheries in all transfer between the commercial and states have been closed. NMFS may re- recreational sector was made for the open the EEZ if earlier inaction by a fishing year, as outlined in state has been remedied by that state, § 648.162(b)(2), then the following proce- or if commercial fisheries in one or dure will be followed: more states have been reopened with- (1) If biomass is below the threshold, the out causing the ACL to be exceeded. stock is under rebuilding, or biological ref- (c) State commercial landing quotas. erence points are unknown. If the most The Regional Administrator will mon- recent estimate of biomass is below the itor state commercial quotas based on BMSY threshold (i.e., B/BMSY is less than dealer reports and other available in- 0.5), the stock is under a rebuilding formation and shall determine the date plan, or the biological reference points when a state commercial quota will be (B or B ) are unknown, and the ACL harvested. NMFS shall publish notifi- MSY has been exceeded, then the exact cation in the FEDERAL REGISTER advis- amount, in pounds, by which the most ing a state that, effective upon a spe- recent year’s recreational catch esti- cific date, its commercial quota has mate exceeded the most recent year’s been harvested and notifying vessel and dealer permit holders that no com- ACL will be deducted from the fol- mercial quota is available for landing lowing year’s recreational ACT, or as bluefish in that state. soon as possible thereafter, once catch (1) Commercial landings overage repay- data are available, as a single-year ad- ment. All bluefish landed for sale in a justment. state shall be applied against that (2) If biomass is above the threshold, but state’s annual commercial quota, re- below the target, and the stock is not gardless of where the bluefish were har- under rebuilding. If the most recent es- vested. Any overages of the commer- timate of biomass is above the biomass cial quota landed in any state will be threshold (B/BMSY is greater than 0.5), deducted from that state’s annual but below the biomass target (B/BMSY is quota for the following year, irrespec- less than 1.0), and the stock is not tive of whether the fishery-level ACL is under a rebuilding plan, then the fol- exceeded. If a state has increased or re- lowing AMs will apply:

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(i) If the ACL has been exceeded. If the fishing year, as outlined in ACL has been exceeded, then adjust- § 648.162(b)(2), then the amount trans- ments to the recreational management ferred between the recreational and measures, taking into account the per- commercial sectors may be reduced by formance of the measures and condi- the ACL overage amount (pound-for- tions that precipitated the overage, pound repayment) in a subsequent, sin- will be made in the following fishing gle fishing year if the Bluefish Moni- year, or as soon as possible thereafter, toring Committee determines that the once catch data are available, as a sin- ACL overage was the result of too lib- gle-year adjustment. eral a landings transfer between the (ii) If the ABC has been exceeded. If two sectors. If the Bluefish Monitoring the ABC has been exceeded, then a sin- Committee determines that the ACL gle-year adjustment to the following overage was not the result of the land- year’s recreational ACT will be made ings transfer, the recreational AMs de- in the following fishing year, or as soon scribed in paragraph (d) of this section as possible thereafter, once catch data will be implemented. are available, as described in paragraph (f) Non-landing AMs. In the event that (d)(2)(ii)(A) of this section. In addition, the ACL has been exceeded and the adjustments to the recreational man- overage has not been accommodated agement measures, taking into account through the AM measures in para- the performance of the measures and graphs (a) through (d) of this section, conditions that precipitated the over- then the exact amount, in pounds, by age, will be made in the following year. which the ACL was exceeded shall be (A) Adjustment to Recreational ACT. If deducted, as soon as possible, from a an adjustment to the following year’s subsequent, single fishing year ACL. Recreational ACT is required, then the (g) State/Federal disconnect AM. If the ACT will be reduced by the exact total catch, allowable landings, com- amount, in pounds, of the product of mercial quotas, and/or recreational the recreational overage, defined as the harvest limit measures adopted by the difference between the recreational ASMFC Bluefish Management Board contribution to the catch above the and the MAFMC differ for a given fish- ACL, and the payback coefficient, as ing year, administrative action will be specified in paragraph (d)(2)(ii)(B) of taken as soon as is practicable to re- this section. visit the respective recommendations (B) Payback coefficient. The payback of the two groups. The intent of this coefficient is the difference between action shall be to achieve alignment through consistent state and Federal the most recent estimates of BMSY and measures so no differential effects biomass (i.e., BMSY¥B) divided by one- occur to Federal permit holders. half of BMSY. (3) If biomass is above BMSY. If the most [76 FR 60640, Sept. 29, 2011, as amended at 78 recent estimate of biomass is above FR 76765, Dec. 19, 2013] BMSY (i.e., B/BMSY is greater than 1.0), then adjustments to the recreational § 648.164 Bluefish possession restric- management measures, taking into ac- tions. count the performance of the measures (a) Recreational possession limits. Any and conditions that precipitated the person fishing from a vessel in the EEZ overage, will be made in the following that is not fishing under a bluefish fishing year, or as soon as possible commercial permit shall observe the thereafter, once catch data are avail- applicable recreational possession able, as a single-year adjustment. limit. The owner, operator, and crew of (e) AM for when the ACL is exceeded a charter or party boat issued a blue- and a sector-to-sector transfer of allow- fish commercial permit are not subject able landings has occurred. If the fish- to the recreational possession limit ery-level ACL is exceeded and landings when not carrying passengers for hire from the recreational fishery and/or and when the crew size does not exceed the commercial fishery are determined five for a party boat and three for a to have caused the overage, and a charter boat. transfer between the commercial and (1) Private recreational vessels. Any recreational sector has occurred for the person fishing from a vessel that is not

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fishing under a bluefish commercial or measures if it finds that action is nec- charter/party vessel permit issued pur- essary to meet or be consistent with suant to § 648.4(a)(8), may land up to the goals and objectives of the Bluefish three bluefish per day. FMP. (2) For-hire vessels. Anglers fishing on- (1) Adjustment process. After a man- board a for-hire vessel under a bluefish agement action has been initiated, the charter/party vessel permit issued pur- MAFMC shall develop and analyze ap- suant to § 648.4(a)(8), may land up to propriate management actions over the five bluefish per person per day. span of at least two MAFMC meetings. (b) Pooling Catch. Bluefish harvested The MAFMC shall provide the public by vessels subject to the possession with advance notice of the availability limit with more than one person on of both the proposals and the analysis board may be pooled in one or more and the opportunity to comment on containers. Compliance with the daily them prior to and at the second possession limit will be determined by MAFMC meeting. The MAFMC’s rec- dividing the number of bluefish on ommendation on adjustments or addi- board by the number of persons on tions to management measures must board, other than the captain and the come from one or more of the following crew. If there is a violation of the pos- categories: Adjustments within exist- session limit on board a vessel carrying ing ABC control rule levels; adjust- more than one person, the violation ments to the existing MAFMC risk pol- shall be deemed to have been com- icy; introduction of new AMs, includ- mitted by the owner and operator of ing sub-ACTs; minimum fish size; max- the vessel. imum fish size; gear restrictions; gear [76 FR 60641, Sept. 29, 2011, as amended at 85 requirements or prohibitions; permit- FR 38798, June 29, 2020] ting restrictions; recreational posses- sion limit; recreational season; closed § 648.165 Bluefish minimum fish sizes. areas; commercial season; description If the MAFMC determines through and identification of EFH; fishing gear its annual review or framework adjust- management measures to protect EFH; ment process that minimum fish sizes designation of habitat areas of par- are necessary to ensure that the fish- ticular concern within EFH; changes to ing mortality rate is not exceeded, or the SBRM, including the CV-based per- to attain other FMP objectives, such formance standard, the means by measures will be enacted through the which discard data are collected/ob- procedure specified in § 648.162(c) or tained, fishery stratification, the proc- 648.167. ess for prioritizing observer sea-day al- locations, reports, and/or industry- [76 FR 60641, Sept. 29, 2011] funded observers or observer set aside § 648.166 Bluefish gear restrictions. programs; and any other management measures currently included in the If the MAFMC determines through FMP. Measures that require significant its annual review or framework adjust- departures from previously con- ment process that gear restrictions are templated measures or that are other- necessary to ensure that the ACL is wise introducing new concepts may re- not exceeded, or to attain other FMP quire an amendment of the FMP in- objectives, such measures, subject to stead of a framework adjustment. the gear other than trawls and gillnets (2) MAFMC recommendation. After de- restrictions in § 648.162 regarding speci- veloping management actions and re- fications, will be enacted through the ceiving public testimony, the MAFMC procedure specified in § 648.162(c) or shall make a recommendation to the 648.167. Regional Administrator. The MAFMC’s [76 FR 60641, Sept. 29, 2011] recommendation must include sup- porting rationale and, if management § 648.167 Bluefish framework adjust- measures are recommended, an anal- ment to management measures. ysis of impacts and a recommendation (a) Within-season management action. to the Regional Administrator on The MAFMC may, at any time, initiate whether to issue the management action to add or adjust management measures as a final rule. If the MAFMC

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recommends that the management emergency action under section 305(e) measures should be issued as a final of the Magnuson-Stevens Act. rule, the MAFMC must consider at [76 FR 60641, Sept. 29, 2011, as amended at 76 least the following factors and provide FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, support and analysis for each factor 2015] considered: (i) Whether the availability of data Subpart K—Management Meas- on which the recommended manage- ment measures are based allows for ures for the Atlantic Herring adequate time to publish a proposed Fishery rule, and whether regulations have to be in place for an entire harvest/fishing SOURCE: 72 FR 11277, Mar. 12, 2007, unless season; otherwise noted. (ii) Whether there has been adequate § 648.200 Specifications. notice and opportunity for participa- tion by the public and members of the (a) The Atlantic Herring Plan Devel- affected industry in the development of opment Team (PDT) shall meet at least the MAFMC’s recommended manage- every 3 years, but no later than July of ment measures; the year before new specifications are (iii) Whether there is an immediate implemented, with the Atlantic States need to protect the resource; and Marine Fisheries Commission’s (Com- (iv) Whether there will be a con- mission) Atlantic Herring Technical tinuing evaluation of management Committee (TC) to develop and rec- measures adopted following their im- ommend the following specifications plementation as a final rule. for a period of 3 years for consideration by the New England Fishery Manage- (3) Action by NMFS. If the MAFMC’s ment Council’s Atlantic Herring Over- recommendation includes adjustments sight Committee: Overfishing Limit or additions to management measures (OFL), Acceptable Biological Catch and, after reviewing the MAFMC’s rec- (ABC), Annual Catch Limit (ACL), Op- ommendation and supporting informa- timum yield (OY), domestic annual tion: harvest (DAH), domestic annual proc- (i) If NMFS concurs with the essing (DAP), U.S. at-sea processing MAFMC’s recommended management (USAP), border transfer (BT), the sub- measures and determines that the rec- ACL for each management area, in- ommended management measures cluding seasonal periods as specified at should be issued as a final rule based § 648.201(d) and modifications to sub- on the factors specified in paragraph ACLs as specified at § 648.201(f), the (a)(2) of this section, the measures will amount to be set aside for the RSA be issued as a final rule in the FEDERAL (from 0 to 3 percent of the sub-ACL REGISTER. from any management area), and river (ii) If NMFS concurs with the herring and shad catch caps, as speci- MAFMC’s recommendation and deter- fied in § 648.201(a)(4). Recommended mines that the recommended manage- specifications shall be presented to the ment measures should be published New England Fishery Management first as a proposed rule, the measures Council. will be published as a proposed rule in (1) The PDT shall meet with the the FEDERAL REGISTER. After addi- Commission’s TC to review the status tional public comment, if NMFS con- of the stock and the fishery and pre- curs with the MAFMC’s recommenda- pare a Stock Assessment and Fishery tion, the measures will be issued as a Evaluation (SAFE) report at least final rule in the FEDERAL REGISTER. every 3 years. The Herring PDT will (iii) If NMFS does not concur, the meet at least once during interim MAFMC will be notified in writing of years to review the status of the stock the reasons for the non-concurrence. relative to the overfishing definition if (b) Emergency action. Nothing in this information is available to do so. When section is meant to derogate from the conducting a 3-year review and pre- authority of the Secretary to take paring a SAFE Report, the PDT/TC

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will recommend to the Council/Com- fished and overfishing is not occurring, mission any necessary adjustments to then ABC may be based on FMSY or its the specifications for the upcoming 3 proxy, recent catch, or any other fac- years. tor the SSC determines appropriate. If (2) If the Council determines, based the stock is overfished, then ABC may on information provided by the PDT/ be based on the rebuilding fishing mor- TC or other stock-related information, tality rate for the stock (FREB), or any that the specifications should be ad- other factor the SSC determines appro- justed during the 3-year time period, it priate. can do so through the same process (3) ACL must be equal to or less than outlined in this section during one or the ABC. Management uncertainty, both of the interim years. which includes, but is not limited to, (b) Guidelines. As the basis for its rec- expected catch of herring in the New ommendations under paragraph (a) of Brunswick weir fishery and the uncer- this section, the PDT shall review tainty around discard estimates of her- available data pertaining to: Commer- ring caught in Federal and state wa- cial and recreational catch data; cur- ters, shall be considered when setting rent estimates of fishing mortality; the ACL. Catch in excess of the ACL discards; stock status; recent estimates shall trigger accountability measures of recruitment; virtual population (AMs), as described at § 648.201(a). analysis results and other estimates of (4) OY may not exceed OFL (i.e., stock size; sea sampling and trawl sur- MSY) and must take into account the vey data or, if sea sampling data are need to prevent overfishing while al- unavailable, length frequency informa- lowing the fishery to achieve OY on a tion from trawl surveys; impact of continuing basis. OY is prescribed on other fisheries on herring mortality; the basis of MSY, as reduced by social, and any other relevant information. economic, and ecological factors. OY The specifications recommended pursu- may equal DAH. ant to paragraph (a) of this section (5) DAH is comprised of DAP and BT. must be consistent with the following: (6) River herring and shad catch caps (1) OFL must be equal to catch re- may be allocated to the herring fishery sulting from applying the maximum by the following: Species, as defined in fishing mortality threshold to a cur- § 648.2, either separately or combined; rent or projected estimate of stock area as specified in paragraph (f)(7) of size. When the stock is not overfished this section; vessel permit; gear type; and overfishing is not occurring, this is or any combination of these. usually the fishing rate supporting (c) The Atlantic Herring Oversight maximum sustainable yield (e.g., FMSY). Committee shall review the rec- Catch that exceeds this amount would ommendations of the PDT and shall result in overfishing. The stock is con- consult with the Commission’s Herring sidered overfished if stock biomass is Board. Based on these recommenda- less than 1⁄2 the stock biomass associ- tions and any public comment re- ated with the MSY level or its proxy ceived, the Herring Oversight Com- (e.g., SSBMSY or proxy). The stock is mittee shall recommend to the Council considered subject to overfishing if the appropriate specifications for a 3-year fishing mortality rate exceeds the fish- period. The Council shall review these ing mortality rate associated with the recommendations and, after consid- MSY level or its proxy (e.g., FMSY or ering public comment, shall rec- proxy). ommend appropriate 3-year specifica- (2) ABC must be equal to or less than tions to NMFS. NMFS shall review the the OFL. The Council’s Scientific and recommendations, consider any com- Statistical Committee (SSC) shall rec- ments received from the Commission, ommend ABC to the Council. Scientific and publish notification in the FED- uncertainty, including, but not limited ERAL REGISTER proposing 3-year speci- to, uncertainty around stock size esti- fications. If the proposed specifications mates, variability around estimates of differ from those recommended by the recruitment, and consideration of eco- Council, the reasons for any differences system issues, shall be considered when shall be clearly stated and the revised setting ABC. If the stock is not over- specifications must satisfy the criteria

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set forth in paragraph (b) of this sec- Point Latitude Longitude Note tion. (d) NMFS shall make a final deter- 5 ...... 43°40′ N 68° 00′ W mination concerning the specifications 6 ...... 43°58′16.0314″ 67° 21′26.157″ (1) for Atlantic herring. Notification of N W the final specifications and responses 1 Point 6 falls on the U.S.-Canada Maritime to public comments shall be published Boundary. in the FEDERAL REGISTER. If the final (2) Management Area 2 (South Coastal specification amounts differ from those Area): All state and Federal waters in- recommended by the Council, the rea- clusive of sounds and bays, bounded on son(s) for the difference(s) must be the east by 70°00′ W. long. and the outer clearly stated and the revised speci- limit of the U.S. Exclusive Economic fications must be consistent with the Zone; bounded on the north and west criteria set forth in paragraph (b) of by the southern coastline of Cape Cod, this section. The previous year’s speci- Massachusetts, and the coastlines of fications shall remain effective until Rhode Island, Connecticut, New York, they are revised through the specifica- New Jersey, Delaware, Maryland, Vir- tion process. ginia, and North Carolina; and bounded (e) In-season adjustments. The speci- on the south by a line following the fications and sub-ACLs established pur- lateral seaward boundary between suant to this section may be adjusted North Carolina and South Carolina by NMFS to achieve conservation and from the coast to the Submerged Lands management objectives, after con- Act line, approximately 33°48′46.37″ N. sulting with the Council, during the lat., 78°29′46.46″ W. long., and then head- fishing year in accordance with the Ad- ing due east along 33°48′46.37″ N. lat. to ministrative Procedure Act (APA). Any the outer limit of the US Exclusive adjustments must be consistent with Economic Zone. the Atlantic Herring FMP objectives (3) Management Area 3 (Georges Bank): and other FMP provisions. All U.S. waters east of 70°00′ W. long. (f) Management areas. The specifica- and southeast of the line that runs tions process establishes sub-ACLs and from a point at 41°39′ N. lat. and 70°00′ other management measures for the W. long., northeasterly to U.S.-Canada three management areas, which may Maritime Boundary at 42°53′14.32125″ N. have different management measures. lat., 67°44′33.01613″ W. long. Management Area 1 is subdivided into (4) River Herring Monitoring/Avoidance inshore and offshore sub-areas. The Areas—(i) January–February River Her- management areas are defined as fol- ring Monitoring/Avoidance Areas. The lows: January–February River Herring Moni- (1) Management Area 1 (Gulf of Maine): toring/Avoidance Areas include four All U.S. waters of the Gulf of Maine sub-areas. Each sub-area includes the (GOM) north of a line extending from a waters bounded by the coordinates ° ′ ° ′ point at 41 39 N. lat, 70 00 W. long. to below, connected in the order listed by ° ′ ″ ° ′ ″ 42 53 14.32125 N. lat., 67 44 33.01613 W. straight lines unless otherwise noted. long., thence northerly along the U.S.- (A) January–February River Herring Canada Maritime Boundary to the Monitoring/Avoidance Sub-Area 1. U.S.-Canadian border, to include state and Federal waters adjacent to the Point Latitude Longitude states of Maine, New Hampshire, and JF1A ...... 43°00′ N 71°00′ W Massachusetts. Management Area 1 is JF1B ...... 43°00′ N 70°30′ W divided into Area 1A (inshore) and Area JF1C ...... 42°30′ N 70°30′ W 1B (offshore). The line dividing these JF1D ...... 42°30′ N 71°00′ W ° ′ ° ′ areas is described by the following co- JF1A ...... 43 00 N 71 00 W ordinates: (B) January–February River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude Note Point Latitude Longitude 1 ...... 41°58′ N 70° 00′ W 2 ...... 42°38′ N 70° 00′ W JF2A ...... 42°00′ N 70°00′ W 3 ...... 42°53′ N 69° 40′ W JF2B ...... 42°00′ N 69°30′ W 4 ...... 43°12′ N 69° 00′ W JF2C ...... 41°30′ N 69°30′ W

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Point Latitude Longitude (C) March–April River Herring Moni- toring/Avoidance Sub-Area 3. JF2D ...... 41°30′ N 70°00′ W ° ′ ° ′ JF2A ...... 42 00 N 70 00 W Point Latitude Longitude Note (C) January–February River Herring MA3A ...... 41°00′ N (1) MA3B ...... 41°00′ N 71°00′ W Monitoring/Avoidance Sub-Area 3. MA3C ...... 40°30′ N 71°00′ W MA3D ...... 40°30′ N 71°30′ W Point Latitude Longitude Note MA3E ...... 40°00′ N 71°30′ W ° ′ ° ′ ° ′ ° ′ MA3F ...... 40 00 N 72 30 W JF3A ...... 41 30 N 72 00 W MA3G ...... (2) 72°30′ W (3) ° ′ ° ′ JF3B ...... 41 30 N 71 00 W MA3A ...... 41°00′ N (1) (3) JF3C ...... 40°30′ N 71°00′ W JF3D ...... 40°30′ N 72°30′ W 1 The easternmost shoreline of Long Island, New York. 2 JF3E ...... (1) 72°30′ W (3) The southernmost shoreline of Long Island, New York. 3 Points MA3G and MA3A are connected following the 2 ° ′ 3 JF3F ...... ( ) 72 00 W ( ) southern shoreline of Long Island, New York. JF3A ...... 41°30′ N 72°00′ W (D) March–April River Herring Moni- 1 The southernmost shoreline of Long Island, New York. 2 The north-facing shoreline of Long Island, New York. toring/Avoidance Sub-Area 4. 3 Points JF3E and JF3F are connected following the coast- line of the south fork of eastern Long Island, New York. Point Latitude Longitude

(D) January–February River Herring MA4A ...... 40°00′ N 73°30′ W Monitoring/Avoidance Sub-Area 4. MA4B ...... 40°00′ N 72°30′ W MA4C ...... 39°00′ N 72°30′ W Point Latitude Longitude Note MA4D ...... 39°00′ N 73°30′ W MA4A ...... 40°00′ N 73°30′ W JF4A ...... 40°30′ N 74°00′ W JF4B ...... 40°30′ N 72°30′ W (E) March–April River Herring Moni- ° ′ ° ′ JF4C ...... 40 00 N 72 30 W toring/Avoidance Sub-Area 5. JF4D ...... 40°00′ N 72°00′ W JF4E ...... 39°30′ N 72°00′ W Point Latitude Longitude Note JF4F ...... 39°30′ N 73°30′ W ° ′ ° ′ JF4G ...... 40 00 N 73 30 W MA5A ...... 40°30′ N 74°00′ W ° ′ ° ′ 1 JF4H ...... 40 00 N 74 00 W ( ) MA5B ...... 40°30′ N 73°30′ W JF4A ...... 40°30′ N 74°00′ W (1) MA5C ...... 40°00′ N 73°30′ W ° ′ ° ′ 1 1 Points JF4H and JF4A are connected following 74 °W lon- MA5D ...... 40 00 N 74 00 W ( ) ° ′ ° ′ 1 gitude and the easternmost shoreline of New Jersey, which- MA5A ...... 40 30 N 74 00 W ( ) ever is furthest east. 1 Points MA5D and MA5A are connected following 74 °W longitude and the easternmost shoreline of New Jersey, (ii) March–April River Herring Moni- whichever is furthest east. toring/Avoidance Areas. The March– April River Herring Monitoring/Avoid- (iii) May–June River Herring Moni- ance Areas include five sub-areas. Each toring/Avoidance Areas. The May–June sub-area includes the waters bounded River Herring Monitoring/Avoidance by the coordinates below, connected in Areas include two sub-areas. Each sub- the order listed by straight lines unless area includes the waters bounded by otherwise noted. the coordinates below, connected in the (A) March–April River Herring Moni- order listed by straight lines unless toring/Avoidance Sub-Area 1. otherwise noted. (A) May–June River Herring Moni- Point Latitude Longitude toring/Avoidance Sub-Area 1.

MA1A ...... 43°00′ N 71°00′ W Point Latitude Longitude MA1B ...... 43°00′ N 70°30′ W MA1C ...... 42°30′ N 70°30′ W MJ1A ...... 44°00′ N 69°30′ W MA1D ...... 42°30′ N 71°00′ W MJ1B ...... 44°00′ N 69°00′ W MA1A ...... 43°00′ N 71°00′ W MJ1C ...... 43°30′ N 69°00′ W MJ1D ...... 43°30′ N 69°30′ W ° ′ ° ′ (B) March–April River Herring Moni- MJ1A ...... 44 00 N 69 30 W toring/Avoidance Sub-Area 2. (B) May–June River Herring Moni- Point Latitude Longitude toring/Avoidance Sub-Area 2.

MA2A ...... 42°00′ N 70°00′ W Point Latitude Longitude MA2B ...... 42°00′ N 69°30′ W ° ′ ° ′ MA2C ...... 41°30′ N 69°30′ W MJ2A ...... 42 00 N 70 00 W ° ′ ° ′ MA2D ...... 41°30′ N 70°00′ W MJ2B ...... 42 00 N 69 30 W ° ′ ° ′ MA2A ...... 42°00′ N 70°00′ W MJ2C ...... 41 30 N 69 30 W MJ2D ...... 41°30′ N 70°00′ W

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Point Latitude Longitude Point Latitude Longitude

MJ2A ...... 42°00′ N 70°00′ W SO2D ...... 42°30′ N 71°00′ W SO2A ...... 43°00′ N 71°00′ W (iv) July–August River Herring Moni- toring/Avoidance Areas. The July–Au- (vi) November–December River Herring gust River Herring Monitoring/Avoid- Monitoring/Avoidance Areas. The No- ance Areas include two sub-areas. Each vember–December River Herring Moni- sub-area includes the waters bounded toring/Avoidance Areas include two by the coordinates below, connected in sub-areas. Each sub-area includes the the order listed by straight lines unless waters bounded by the coordinates otherwise noted. below, connected in the order listed by (A) July–August River Herring Moni- straight lines unless otherwise noted. toring/Avoidance Sub-Area 1. (A) November–December River Her- ring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude Note Point Latitude Longitude Note JA1A ...... 44°00′ N 70°00′ W JA1B ...... 44°00′ N 69°30′ W ND1A ...... 43°00′ N 71°00′ W JA1C ...... 43°00′ N 69°30′ W ND1B ...... 43°00′ N 70°00′ W JA1D ...... 43°00′ N 70°00′ W (1) ND1C ...... 42°00′ N 70°00′ W JA1A ...... 44°00′ N 70°00′ W (1) ND1D ...... 42°00′ N 69°30′ W ° ′ ° ′ 1 ND1E ...... 41 30 N 69 30 W The boundary from Points JA1D to JA1A excludes the ° ′ ° ′ portions Maquoit Bay and Middle Bay (Brunswick, ME) east of ND1F ...... 41 30 N 70 00 W 70°00′ W. ND1G ...... (1) 70°00′ W (3) ND1H ...... 42°00′ N (2) (3) (B) July–August River Herring Moni- ND1I ...... 42°00′ N 70°30′ W toring/Avoidance Sub-Area 2. ND1J ...... 42°30′ N 70°30′ W ND1K ...... 42°30′ N 71°00′ W ° ′ ° ′ Point Latitude Longitude ND1A ...... 43 00 N 71 00 W 1 The south-facing shoreline of Cape Cod, Massachusetts. JA2A ...... 44°00′ N 69°00′ W 2 The west-facing shoreline of Cape Cod, Massachusetts. JA2B ...... 44°00′ N 68°30′ W 3 Point ND1G and ND1H are connected following the coast- JA2C ...... 43°30′ N 68°30′ W line of Cape Cod, Massachusetts. JA2D ...... 43°30′ N 69°00′ W JA2A ...... 44°00′ N 69°00′ W (B) November–December River Her- ring Monitoring/Avoidance Sub-Area 2. (v) September–October River Herring Monitoring/Avoidance Areas. The Sep- Point Latitude Longitude tember–October River Herring Moni- ND2A ...... 41°30′ N 72°00′ W toring/Avoidance Areas include two ND2B ...... 41°30′ N 70°00′ W ND2C ...... 40°30′ N 70°00′ W sub-areas. Each sub-area includes the ND2D ...... 40°30′ N 70°30′ W waters bounded by the coordinates ND2E ...... 41°00′ N 70°30′ W below, connected in the order listed by ND2F ...... 41°00′ N 72°00′ W straight lines unless otherwise noted. ND2A ...... 41°30′ N 72°00′ W (A) September–October River Herring (5) Gulf of Maine Modified Haddock Monitoring/Avoidance Sub-Area 1. Stock Area. The Gulf of Maine Modified Point Latitude Longitude Note Haddock Stock Area is composed of the portions of Greater Atlantic Region SO1A ...... 44°30′ N 68°00′ W SO1B ...... 44°30′ N (1) (2) Statistical Areas #464, #465, #511, #512, SO1C ...... 44°00′ N (3) (2) #513, #514, and #515 in U.S. waters, and SO1D ...... 44°00′ N 68°00′ W is defined by the following points con- ° ′ ° ′ SO1A ...... 44 30 N 68 00 W nected in the order listed by straight 1 The intersection of 44°30′ N and the U.S.-Canada Mari- lines unless otherwise noted: time Boundary. 2 Point SO1B and Point SO1C are connected along the U.S.-Canada Maritime Boundary. Point Latitude Longitude Note 3 The intersection of 44°00′ N and the U.S.-Canada Mari- time Boundary. A ...... (1) 67°00′ W B ...... (2) 67°00′ W (3) (B) September–October River Herring C ...... 42°20′ N (4) (3) Monitoring/Avoidance Sub-Area 2. D ...... 42°20′ N 70°00′ W E ...... (5) 70°00′ W (6) 1 ° ′ 6 Point Latitude Longitude A ...... ( ) 67 00 W ( ) 1 ° ′ ° ′ ° ′ The intersection of 67 00 W longitude and the southern SO2A ...... 43 00 N 71 00 W coast of Maine. SO2B ...... 43°00′ N 70°30′ W 2 The intersection of 67°00′ W longitude and the U.S.-Can- SO2C ...... 42°30′ N 70°30′ W ada Maritime Boundary.

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3 From POINT B to POINT C along the U.S.-Canada Mari- Point Latitude Longitude Note time Boundary. 4 The intersection of 42°20′ N latitude and the U.S.-Canada A ...... (1) 70°00′ W Maritime Boundary. ° ′ ° ′ 5 The intersection of 70°00′ W longitude and the northeast- B ...... 42 20 N 70 00 W facing shoreline of Cape Cod, Massachusetts. C ...... 42°20′ N 68°50′ W 6 From POINT E back to POINT A along the coastline of the D ...... 41°00′ N 68°50′ W United States. E ...... 41°00′ N 69°30′ W F ...... 41°10′ N 69°30′ W (6) Georges Bank Modified Haddock G ...... 41°10′ N 69°50′ W Stock Area. The Georges Bank Modified H ...... 41°20′ N 69°50′ W Haddock Stock Area is composed of I ...... 41°20′ N (2) (3) J ...... (4) 70°00′ W (3) Greater Atlantic Region Statistical K ...... (5) 70°00′ W (6) Areas #521, #522, #525, #526, #561, and A ...... (1) 70°00′ W (6) #562, and is defined by the following 1 The intersection of 70°00′ W longitude and the northeast- points connected in the order listed by facing shoreline of Cape Cod, Massachusetts straight lines unless otherwise noted: 2 The intersection of 41°20′ N latitude and the northeast-fac- ing shoreline of Nantucket Island. 3 From Point I to Point J along the northeast-facing shore- Point Latitude Longitude Note line of Nantucket Island. 4 The intersection of 70°00′ W longitude and the northeast- A ...... 42°20′ N 70°00′ W facing shoreline of Nantucket Island. 5 ° ′ B ...... 42°20′ N (1) (2) The intersection of 70 00 W longitude and the south-fac- ° ′ 3 2 ing shoreline of mainland Cape Cod, Massachusetts. C ...... 40 30 N ( ) ( ) 6 From Point K back to Point A along the east-facing shore- D ...... 40°30′ N 66°40′ W line of Cape Cod, Massachusetts. E ...... 39°50′ N 66°40′ W F ...... 39°50′ N 70°00′ W (4) (iii) Georges Bank Catch Cap Area. The A ...... 42°20′ N 70°00′ W (4) Georges Bank Catch Cap Area is com- 1 The intersection of 42°20′ N latitude and the U.S.-Canada posed of the portions of Greater Atlan- Maritime Boundary. tic Region Statistical Areas #522, #525, 2 From POINT B to POINT C following the U.S.-Canada Maritime Boundary. #526, #541, #542, #543, #561, #562, and 3 The intersection of 40°30′ N latitude and the U.S.-Canada #640 in U.S. waters, and is defined by Maritime Boundary. 4 From POINT F back to POINT A along 70°00′ W longitude the following points, connected in the and the coastlines of Nantucket Island and mainland Cape order listed by straight lines unless Cod, Massachusetts, whichever is further east. otherwise noted: (7) River herring and shad catch cap areas—(i) Gulf of Maine Catch Cap Area. Point Latitude Longitude Note The Gulf of Maine Catch Cap Area is A ...... (1) 70°00′ W composed of the portions of Greater B ...... (2) 70°00′ W (3) ° ′ 4 3 Atlantic Region Statistical Areas #464, C ...... 41 20 N ( ) ( ) D ...... 41°20′ N 69°50′ W #465, #467, #511, #512, #513, #514, and E ...... 41°10′ N 69°50′ W #515 in U.S. waters. The Gulf of Maine F ...... 41°10′ N 69°30′ W Catch Cap Area is bounded on the west G ...... 41°00′ N 69°30′ W H ...... 41°00′ N 68°50′ W by the coastline of the United States, I ...... 42°20′ N 68°50′ W bounded on the east by the U.S.-Can- J ...... 42°20′ N (5) (6) ada Maritime Boundary, and bounded A ...... (1) 70°00′ W (6) on the south by the following coordi- 1 The intersection of 70°00′ W longitude and the outer limit nates connected by straight lines in of the U.S. Exclusive Economic Zone. 2 The intersection of 70°00′ W longitude and the south-fac- the order listed: ing shoreline of Nantucket Island. 3 From Point B to Point C along the south- and east-facing Point Latitude Longitude shorelines of Nantucket Island. 4 The intersection of 41°20′ N latitude and the northeast-fac- 1 ° ′ ing shoreline of Nantucket Island. A ...... ( ) 70 00 W 5 The intersection of 42°20′ N latitude and the U.S.-Canada B ...... 42°20′ N 70°00′ W Maritime Boundary. C ...... 42°20′ N (2) 6 From Point J back to Point A along the U.S.-Canada Mari- time Boundary and the outer limit of the U.S. Exclusive Eco- 1 The intersection of 70°00′ W longitude and the northwest nomic Zone. facing shoreline of Cape Cod, Massachusetts 2 The intersection of 42°00′ N latitude and the U.S.-Canada (iv) Southern New England/Mid-Atlan- Maritime Boundary. tic Catch Cap Area. The coordinates of (ii) Cape Cod Catch Cap Area. The this area are the same as Management Cape Cod Catch Cap Area is composed Area 2 (South Coastal Area), as speci- of Greater Atlantic Region Statistical fied in paragraph (f)(2) of this section. Area #521, and is defined by the fol- (8) River herring and shad catch cap lowing points connected in the order closure areas—(i) Gulf of Maine Catch listed by straight lines unless other- Cap Closure Area. The coordinates of wise noted: this area are the same as the Gulf of

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Maine Catch Cap Area, as specified in percent of the annual sub-ACL allo- paragraph (f)(7)(i) of this section. cated to a management area before the (ii) Cape Cod Catch Cap Closure Area. end of the fishing year, or 92 percent of The coordinates of this area are the the Area 1A or Area 1B sub-ACL allo- same as the Cape Cod Catch Cap Area, cated to a seasonal period as set forth as specified in paragraph (f)(7)(ii) of in paragraph (d) of this section, NMFS this section. shall prohibit vessels, beginning the (iii) Georges Bank Catch Cap Closure date the catch is projected to reach 92 Area. The coordinates of this area are percent of the sub-ACL, from fishing the same as the Georges Bank Catch for, possessing, catching, transferring, Cap Area, as specified in paragraph or landing more than 2,000 lb (907.2 kg) (f)(7)(iii) of this section. of Atlantic herring per trip in the ap- (iv) Southern New England/Mid-Atlan- plicable area, and from landing herring tic Catch Cap Closure Area. The South- more than once per calendar day, ex- ern New England/Mid-Atlantic Catch cept as provided in paragraphs (b) and Cap Closure Area is composed of the (c) of this section. NMFS shall imple- portions of Greater Atlantic Region ment these restrictions in accordance Statistical Areas #537, #538, #539, #611, with the APA. #612, #613, #614, #615, #616, #621, #622, #623, #625, #626, #627, #631, #632, #635, (ii) Herring fishery closure. If NMFS and #636 in US waters, and is defined projects that catch will reach 95 per- by the following coordinates, con- cent of the ACL before the end of the nected by straight lines in the order fishing year, NMFS shall prohibit ves- listed unless otherwise noted: sels, beginning the date the catch is projected to reach 95 percent of the Point Latitude Longitude Note ACL, from fishing for, possessing,

A ...... 35°00′ N (1) catching, transferring, or landing more B ...... 35°00′ N 74°00′ W than 2,000 lb (907.2 kg) of Atlantic her- C ...... 37°00′ N 74°00′ W ring per trip in all herring manage- D ...... 37°00′ N 73°00′ W E ...... 38°00′ N 73°00′ W ment areas, and from landing herring F ...... 38°00′ N 72°00′ W more than once per calendar day, ex- G ...... 39°00′ N 72°00′ W cept as provided in paragraphs (b) and H ...... 39°00′ N 71°40′ W I ...... 39°50′ N 71°40′ W (c) of this section. NMFS shall imple- J ...... 39°50′ N 70°00′ W ment these restrictions in accordance K ...... (2) 70°00′ W (3) with the APA. ° ′ 1 3 A ...... 35 00 N ( ) ( ) (2) When the Regional Administrator 1 The intersection of 35°00′ N latitude and the mainland shoreline of North Carolina. has determined that the GOM and/or 2 The intersection of 70°00′ W longitude and the south-fac- GB incidental catch cap for haddock in ing shoreline of mainland Cape Cod, Massachusetts. 3 From Point K back to Point A along the mainland shore- § 648.90(a)(4)(iii)(D) has been caught, no line of the United States. vessel issued a Federal Atlantic her- (g) All aspects of the following meas- ring permit and fishing with midwater ures can be modified through the speci- trawl gear in the applicable Account- fications process: ability Measure (AM) Area, i.e., the (1) AMs; Herring GOM Haddock AM Area or (2) Possession limits; Herring GB Haddock AM Area, as de- (3) River Herring Monitoring/Avoid- fined in § 648.86(a)(3)(ii)(A)(2) and (3) of ance Areas; and this part, may fish for, possess, or land (4) River herring and shad catch caps. herring in excess of 2,000 lb (907.2 kg) per trip in or from the applicable AM [72 FR 11277, Mar. 12, 2007, as amended at 73 Area, and from landing herring more FR 4757, Jan. 28, 2008; 76 FR 11379, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8815, than once per calendar day, unless all Feb. 13, 2014; 79 FR 71968, Dec. 4, 2014; 80 FR herring possessed and landed by a ves- 37197, June 30, 2015; 81 FR 19054, Apr. 4, 2016; sel were caught outside the applicable 85 FR 26885, May 6, 2020] AM Area and the vessel’s gear is not available for immediate use as defined § 648.201 AMs and harvest controls. in § 648.2 while transiting the applicable (a) AMs—(1) Herring sub-ACLs and AM Area. Upon this determination, the ACL—(i) Management area closure. If haddock possession limit is reduced to NMFS projects that catch will reach 92 0 lb (0 kg) in the applicable AM area for

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a vessel issued a Federal Atlantic her- that all fishing gear is stowed and not ring permit and fishing with midwater available for immediate use as defined trawl gear or for a vessel issued a Cat- in § 648.2, and provided the vessel is egory A or B Herring Permit fishing on issued a vessel permit appropriate to a declared herring trip, regardless of the amount of herring on board and the area fished or gear used, in the applica- area where the herring was harvested. ble AM area, unless the vessel also pos- (c) A vessel may land in an area that sesses a Northeast multispecies permit is limited to the 2,000-lb (907.2-kg) limit and is operating on a declared (con- specified in paragraph (a) of this sec- sistent with § 648.10(g)) Northeast tion with >2,000 lb (907.2 kg) of herring multispecies trip. on board, provided such herring were (3) ACL overage deduction. If NMFS caught in an area or areas not subject determines that total catch exceeded to the 2,000-lb (907.2-kg) limit specified any ACL or sub-ACL for a fishing year, in paragraph (a) of this section, and then the amount of the overage shall that all fishing gear is stowed and not be subtracted from that ACL or sub- available for immediate use as defined ACL for the fishing year following in § 648.2, and provided the vessel is total catch determination. NMFS shall issued a vessel permit appropriate to make such determinations and imple- the amount of herring on board and the ment any changes to ACLs or sub- area where the herring was harvested. ACLs, in accordance with the APA, (d) Seasonal sub-ACL periods. The sub- through notification in the FEDERAL ACL for each herring management area REGISTER, prior to the start of the fish- may be divided into seasonal periods by ing year, if possible, during which the month. Seasonal sub-ACLs for herring reduction would occur. management areas, including the spec- (4) River herring and shad catch cap. ification of the seasonal periods, shall (i) The catch from all trips that land be set through the annual specification more than 6,600 lb (3 mt) of herring process described at § 648.200. The sea- shall apply to the river herring and sonal allocation of sub-ACLs are as fol- shad catch cap in the herring fishery. lows: Caps by gear and by area shall be es- (1) Area 1A: Zero percent available for tablished through the specifications harvest during January–May; 100 per- process described in § 648.201. cent available for harvest during June– (ii) Beginning on the date that NMFS December. projects that river herring and shad (2) Area 1B: Zero percent available for catch will reach 95 percent of a catch harvest during January–April; 100 per- cap for specified gear applicable to an cent available for harvest during May– area specified in § 648.200(f)(7) for the December. remainder of the fishing year, NMFS (3) Area 2: 100 percent available for shall prohibit vessels from fishing for, harvest during January–December. possessing, catching, transferring, or (4) Area 3: 100 percent available for landing more than 2,000 lb (907.2 kg) of harvest during January–December. Atlantic herring per trip using the ap- (e) A vessel may transit an area that plicable gear in the applicable catch has zero percent sub-ACL available for cap closure area, specified in harvest specified in paragraph (d) of § 648.200(f)(8), and from landing herring this section with herring on board, pro- more than once per calendar day, ex- vided such herring were caught in an cept as provided in paragraphs (b) and area or areas with sub-ACL available (c) of this section. NMFS shall imple- specified in paragraph (d) of this sec- ment these restrictions in accordance tion, that all fishing gear is stowed and with the APA. not available for immediate use as de- (b) A vessel may transit an area that fined in § 648.2, and the vessel is issued is limited to the 2,000-lb (907.2-kg) limit a permit that authorizes the amount of specified in paragraph (a) of this sec- herring on board for the area where the tion with >2,000 lb (907.2 kg) of herring herring was harvested. on board, provided such herring were (f) Up to 500 mt of the Area 1A sub- caught in an area or areas not subject ACL shall be allocated for the fixed to the 2,000-lb (907.2-kg) limit specified gear fisheries in Area 1A (weirs and in paragraph (a) of this section, and stop seines) that occur west of 67°16.8′

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W. long (Cutler, Maine). This set-aside publish the adjustment in the FEDERAL shall be available for harvest by fixed REGISTER. gear within the specified area until No- [76 FR 11380, Mar. 2, 2011, as amended at 76 vember 1 of each fishing year. Any por- FR 56999, Sept. 15, 2011; 78 FR 26169, May 3, tion of this allocation that has not 2013; 78 FR 61837, Oct. 4, 2013; 79 FR 52580, been utilized by November 1 shall be Sept. 4, 2014; 79 FR 71971, Dec. 4, 2014; 81 FR restored to the sub-ACL allocation for 19054, Apr. 4, 2016; 81 FR 75739, Nov. 1, 2016; 85 Area 1A. FR 26886, May 6, 2020] (g) Carryover. (1) Subject to the con- § 648.202 Season and area restrictions. ditions described in this paragraph (g), (a) Purse Seine/Fixed Gear Only Area. unharvested catch in a herring man- Vessels fishing for Atlantic herring agement area in a fishing year (up to 10 may not use, deploy, or fish with percent of that area’s sub-ACL) shall midwater trawl gear in Area 1A from be carried over and added to the sub- June 1 September 30 of each fishing ACL for that herring management area year. A limited access herring vessel for the fishing year following the year with midwater trawl gear on board when total catch is determined. For ex- may transit Area 1A from June 1–Sep- ample, NMFS will determine total tember 30, provided such midwater catch from Year 1 during Year 2, and trawl gear is stowed and not available will add carryover to the applicable for immediate use as defined in § 648.2. sub-ACL(s) in Year 3. All such carry- Vessels may use any authorized gear over shall be based on the herring man- type to harvest herring in Area 1A agement area’s initial sub-ACL alloca- from October 1 – May 31. tion for the fishing year, not the sub- (b) Fishing in Northeast Multispecies ACL as increased by carryover or de- Closed Areas. (1) No vessel issued an At- creased by an overage deduction, as lantic herring permit and fishing with specified in paragraph (a)(3) of this sec- midwater trawl gear, may fish for, pos- tion. All herring caught from a herring sess or land fish in or from the Closed management area shall count against Areas, including Cashes Ledge Closure that area’s sub-ACL, as increased by Area, Western GOM Closure Area, carryover. For example, if 500 mt of Closed Area I North (February 1–April herring is added as carryover to a 5,000 15), and Closed Area II, as defined in § 648.81(a)(3), (4), and (5) and (c)(3) and mt sub-ACL, catch in that manage- (4), respectively, unless it has declared ment area would be tracked against a first its intent to fish in the Closed total sub-ACL of 5,500 mt. NMFS shall Areas as required by § 648.11(m)(1), and add sub-ACL carryover only if the is carrying onboard a NMFS-certified ACL, specified consistent with observer. § 648.200(b)(3), for the fishing year in (2) No vessel issued an Atlantic her- which there is unharvested herring, is ring permit and fishing with midwater not exceeded. The ACL, consistent with trawl gear, when fishing any part of a § 648.200(b)(3), shall not be increased by midwater trawl tow in the Closed carryover specified in this paragraph Areas, may slip or operationally dis- (g). card catch, as defined at § 648.2, except (2) Carryover of unharvested catch as in the following circumstances: described in this paragraph (g) shall (i) The vessel operator has deter- not be added to any herring manage- mined, and the preponderance of avail- ment area’s sub-ACL in the 2020 and able evidence indicates that, there is a 2021 herring fishing years. compelling safety reason; or (h) If NMFS determines that the New (ii) A mechanical failure, including Brunswick weir fishery landed less gear damage, precludes bringing some than 2,942 mt of herring through Octo- or all of the catch on board the vessel ber 1, NMFS will subtract 1,000 mt for inspection; or, from management uncertainty and re- (iii) The vessel operator determines that pumping becomes impossible as a allocate that 1,000 mt to the ACL and result of spiny dogfish clogging the Area 1A sub-ACL. NMFS will notify pump intake. The vessel operator shall the Council of this adjustment and take reasonable measures, such as

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strapping and splitting the net, to re- tion requirements specified under the move all fish which can be pumped NE multispecies requirements at from the net prior to release. § 648.80(e), including issuance of a Let- (3) Vessels may make test tows with- ter of Authorization. out pumping catch on board if the net is re-set without releasing its contents [72 FR 11277, Mar. 12, 2007, as amended at 83 provided that all catch from test tows FR 15275, Apr. 9, 2018] is available to the observer to sample § 648.204 Possession restrictions. when the next tow is brought on board. (4) If catch is slipped or operational (a) A vessel must be issued and pos- discarded by a vessel, the vessel oper- sess a valid limited access herring per- ator must: mit (i.e., Category A, B, or C) or Cat- (i) Stop fishing and immediately exit egory E Herring Permit (as defined in the Closed Areas. Once the vessel has § 648.4(a)(10)(iv) and (v)) to fish for, pos- exited the Closed Areas, it may con- sess, or land more than 6,600 lb (3 mt) tinue to fish, but may not fish inside of Atlantic herring from any herring the Closed Areas for the remainder of management area in the EEZ. A vessel that trip. must abide by any harvest restriction (ii) Complete and sign a Released specified in § 648.201 that has been im- Catch Affidavit detailing: The vessel plemented. name and permit number; the VTR se- (1) A vessel issued a Category A Her- rial number; where, when, and for what ring Permit may fish for, possess, or reason the catch was released; the esti- land Atlantic herring with no posses- mated weight of each species brought sion restriction from any of the herring on board or released on that tow. A management areas defined in completed affidavit must be submitted § 648.200(f), provided none of the ac- to NMFS within 48 hr of the end of the countability measures or harvest re- trip. strictions specified in § 648.201 have (iii) Report slippage events on the been implemented. Atlantic herring daily VMS catch re- (2) A vessel issued only a Category B port and indicate the reason for slip- Herring Permit may fish for, possess, ping catch if the vessel was issued a or land Atlantic herring with no pos- limited access herring permit. session restriction only from Area 2 or (iv) Comply with the measures to ad- Area 3, as defined in § 648.200(f), pro- dress slippage specified in vided none of the accountability meas- § 648.11(m)(4)(iv) and (v) if the vessel was issued a Category A or B Herring ures or harvest restrictions specified in Permit. § 648.201 have been implemented. Such a vessel may fish in Area 1 only if issued [72 FR 11277, Mar. 12, 2007, as amended at 79 a Category C or D Herring Permit, and FR 8816, Feb. 13, 2014; 79 FR 52580, Sept. 4, only as authorized by the respective 2014; 81 FR 19054, Apr. 4, 2016; 83 FR 15275, permit. Apr. 9, 2018; 85 FR 7442, Feb. 7, 2020; 85 FR 26886, May 6, 2020] (3) A vessel issued a Category C Her- ring Permit may fish for, possess, or § 648.203 Gear restrictions. land up to, but no more than, 55,000 lb (a) Midwater trawl gear may only be (25 mt) of Atlantic herring in any cal- used by a vessel issued a valid herring endar day, and is limited to one land- permit in the GOM/GB Exemption Area ing of herring per calendar day, from as defined in § 648.80(a)(17), provided it any management area defined in complies with the midwater trawl gear § 648.200(f), provided none of the ac- exemption requirements specified countability measures or harvest re- under the NE multispecies regulations strictions specified in § 648.201 have at § 648.80(d), including issuance of a been implemented. Letter of Authorization. (4) A vessel issued a Category D Her- (b) Purse seine gear may only be used ring Permit may fish for, possess, or by a vessel issued a valid herring per- land up to, but no more than, 6,600 lb (3 mit in the GOM/GB Exemption Area as mt) of Atlantic herring from any her- defined in § 648.80(a)(17), provided it ring management area per trip, and is complies with the purse seine exemp- limited to one landing of herring per

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calendar day, provided none of the ac- lantic Herring FMP, or to address gear countability measures or harvest re- conflicts as defined under § 600.10 of strictions specified in § 648.201 have this chapter. been implemented. (1) Adjustment process. After a man- (5) A vessel issued a Category E Her- agement action has been initiated, the ring Permit may fish for, possess, or Council shall develop and analyze ap- land up to, but no more than, 20,000 lb propriate management measures over (9 mt) of Atlantic herring from only the span of at least two Council meet- Area 2 or Area 3, as defined in ings. The Council may delegate author- § 648.200(f), per trip, and is limited to ity to the Herring Oversight Com- one landing of herring per calendar mittee to conduct an initial review of day, provided none of the account- the options being considered. The Over- ability measures or harvest restric- sight Committee shall review the op- tions specified in § 648.201 have been im- tions and relevant information, con- plemented. sider public comment, and make a rec- (6) A vessel issued a herring permit ommendation to the Council. may possess herring roe provided that the carcasses of the herring from which (2) After the first framework meet- it came are not discarded at sea. ing, the Council may refer the issue (b) Each vessel working coopera- back to the Herring Oversight Com- tively in the herring fishery, including mittee for further consideration, make vessels pair trawling, purse seining, adjustments to the measures that were and transferring herring at-sea, must proposed, or approve of the measures be issued a valid herring permit to fish and begin developing the necessary for, possess, or land Atlantic herring documents to support the framework and are subject to the most restrictive adjustments. If the Council approves herring possession limit associated the proposed framework adjustments, with the permits issued to vessels the Council shall identify, at this working cooperatively. meeting, a preferred alternative and/or identify the possible alternatives. [72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11380, Mar. 2, 2011; 79 FR 8816, Feb. 13, (3) A framework document shall be 2014; 79 FR 71972, Dec. 4, 2014; 85 FR 26886, prepared that discusses and shows the May 6, 2020] impacts of the alternatives. It shall be available to the public prior to the sec- § 648.205 VMS requirements. ond or final framework meeting. The owner or operator any vessel (4) After developing management ac- issued a limited access herring permit tions and receiving public testimony, (i.e., Category A, B, or C) or Category E the Council shall make a recommenda- Herring Permit, with the exception of tion to NMFS. The Council’s rec- fixed gear fishermen, must install and ommendation must include supporting operate a VMS unit consistent with the rationale and, if changes to the man- requirements of § 648.9. The VMS unit agement measures are recommended, must be installed on board, and must an analysis of impacts and a rec- be operable before the vessel may begin ommendation to NMFS on whether to fishing. Atlantic herring carrier vessels issue the management measures as a are not required to have VMS (See final rule. If the Council recommends § 648.10(m) for VMS notification re- that the management measures should quirements.). be issued as a final rule, the Council [85 FR 26886, May 6, 2020] must consider at least the following factors and provide support and anal- § 648.206 Framework provisions. ysis for each factor considered: (a) Framework adjustment process. In (i) Whether the availability of data response to the triennial review, or at on which the recommended manage- any other time, the Council may ini- ment measures are based allows for tiate action to add or adjust manage- adequate time to publish a proposed ment measures if it finds that action is rule, and whether regulations have to necessary to meet or be consistent be in place for an entire harvest/fishing with the goals and objectives of the At- season.

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(ii) Whether there has been adequate (9) Gear restrictions (such as mesh notice and opportunity for participa- size, etc.) or requirements (such as by- tion by the public and members of the catch-reduction devices, etc.); affected industry in the development of (10) Vessel size or horsepower restric- the Council’s recommended manage- tions; ment measures. (11) Closed seasons; (iii) Whether there is an immediate (12) Minimum fish size; need to protect the resource or to im- (13) Trip limits; pose management measures to resolve (14) Seasonal, area, or industry sector gear conflicts. quotas; (iv) Whether there will be a con- (15) Measures to describe and identify tinuing evaluation of management essential fish habitat (EFH), fishing measures adopted following their im- gear management measures to protect plementation as a final rule. EFH, and designation of habitat areas (5) If the Council’s recommendation of particular concern within EFH; to NMFS includes adjustments or addi- (16) Measures to facilitate aqua- tions to management measures, after culture, such as minimum fish sizes, reviewing the Council’s recommenda- gear restrictions, minimum mesh sizes, tion and supporting information NMFS possession limits, tagging require- may: ments, monitoring requirements, re- (i) Concur with the Council’s rec- porting requirements, permit restric- ommended management measures and tions, area closures, establishment of determine that the recommended man- special management areas or zones, agement measures should be published and any other measures included in the as a final rule in the FEDERAL REG- FMP; ISTER based on the factors specified in (17) Changes to the overfishing defini- paragraphs (c)(4)(i)-(iv) of this section. tion; (ii) Concur with the Council’s rec- (18) Vessel monitoring system re- ommendation and determine that the quirements; recommended management measures (19) Limits or restrictions on the har- should be first published as a proposed vest of herring for specific uses; rule in the FEDERAL REGISTER. After (20) Quota monitoring tools, such as additional public comment, if NMFS vessel, operator, or dealer reporting re- concurs with the Council’s rec- quirements; ommendation, the measures shall be (21) Permit and vessel upgrading re- issued as a final rule in the FEDERAL strictions; REGISTER. (22) Implementation of measures to (iii) If NMFS does not concur, the reduce gear conflicts, such as manda- Council shall be notified in writing of tory monitoring of a radio channel by the reasons for the non-concurrence. fishing vessels, gear location reporting (b) Possible framework adjustment by fixed gear fishermen, mandatory measures. Measures that may be plotting of gear by mobile fishermen, changed or implemented through standards of operation when conflict framework action include: occurs, fixed gear marking or setting (1) Management area boundaries or practices; gear restrictions for certain additional management areas; areas, vessel monitoring systems, re- (2) Size, timing, or location of new or strictions on the maximum number of existing spawning area closures; fishing vessels, and special permitting (3) Closed areas other than spawning conditions; closures; (23) Limited entry or controlled ac- (4) Restrictions in the amount of cess system; fishing time; (24) Specification of the amount of (5) A days-at-sea system; herring to be used for roe (6) Adjustments to specifications; (25) In-season adjustments to ACLs; (7) Adjustments to the Canadian (26) Measures to address bycatch and catch deducted when determining spec- bycatch monitoring; ifications; (27) Requirements for a herring proc- (8) Distribution of the ACL; essor survey;

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(28) ACL set-aside amounts, provi- § 648.207 Herring Research Set-Aside sions, adjustments; (RSA). (29) Changes, as appropriate, to the (a) NMFS shall publish a Request for SBRM, including the CV-based per- Proposals (RFP) in the FEDERAL REG- formance standard, the means by ISTER, consistent with procedures and which discard data are collected/ob- requirements established by NMFS, to tained, fishery stratification, the proc- solicit proposals from industry for the ess for prioritizing observer sea-day al- upcoming 3 fishing years, based on re- locations, reports, and/or industry- search priorities identified by the funded observers or observer set aside Council. programs; (b) Proposals submitted in response (30) AMs; to the RFP must include the following (31) Changes to vessel trip notifica- information, as well as any other spe- tion and declaration requirements; cific information required within the (32) Adjustments to measures to ad- RFP: A project summary that includes dress slippage, including sampling re- the project goals and objectives, the re- quirements; lationship of the proposed research to (33) River Herring Monitoring/Avoid- herring research priorities and/or man- ance Areas; agement needs, project design, partici- (34) Provisions for river herring catch pants other than the applicant, funding needs, breakdown of costs, and the ves- avoidance program, including adjust- sel(s) for which authorization is re- ments to the mechanism and process quested to conduct research activities. for tracking fleet activity, reporting (c) NMFS shall convene a review catch events, compiling data, and noti- panel, including technical experts, to fying the fleet of changes to the review proposals submitted in response area(s); the definition/duration of ‘test to the RFP. Each panel member shall tows,’ if test tows would be utilized to recommend which research proposals determine the extent of river herring should be authorized to utilize RSA, catch in a particular area(s); the based on the selection criteria de- threshold for river herring catch that scribed in the RFP. would trigger the need for vessels to be (d) NMFS shall consider each panel alerted and move out of the area(s); the member’s recommendation, provide distance that vessels would be required final approval of the projects and the to move from the area(s); and the time Regional Administrator may, when ap- that vessels would be required to re- propriate, exempt selected vessel(s) main out of the area(s). from regulations specified in each of (35) Changes to criteria/provisions for the respective FMPs through written access to Northeast Multispecies notification to the project proponent. Closed Areas; (e) The grant awards approved under (36) River herring and shad catch the RFPs shall be for the upcoming 3 caps, including species-specific caps, fishing years, unless the Council iden- and vessels, permits, trips, gears, and tifies new/different research priorities areas to which caps apply; during the interim years and decides to (37) River herring and shad Catch Cap publish a second RFP. Proposals to Areas and Catch Cap Closure Areas; fund research that would start prior to, and or that would end after the fishing (38) Any other measure currently in- year, are not eligible for consideration. cluded in the FMP. The RSA must be utilized in the same (c) Emergency action. Nothing in this fishing year in which it was distributed section is meant to derogate from the (i.e., RSA and compensation trips can- authority of the Secretary to take not be rolled over into future years). emergency action under section 305(e) However, the money generated from of the Magnuson-Stevens Act. the RSA may be rolled over into, or used to fund research in future years, [72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11380, Mar. 2, consistent with the multi-year pro- 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8817, posal. Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 80 FR (f) Whenever possible, research pro- 37197, June 30, 2015] posals shall be reviewed and approved

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prior to the publication of final quota research expenses must be refunded to specifications for the upcoming fishing U.S. Treasury. years. In the event that the approved (k) NMFS shall provide authorization proposals do not make use of any or all of the research activities to specific of the set-asides, the unutilized portion vessels by letter of acknowledgement, of the set-aside shall be reallocated letter of authorization, or Exempted back to its respective management Fishing Permit issued by the Regional area(s) when the final specifications Administrator, which must be kept on are published. If there is unutilized set- board the vessel. aside available, NMFS, at the request (l) Upon completion of herring re- of the Council, could publish another search projects approved under this RFP for either the second or third part, researchers must provide the years of the 3-year specifications. In Council and NMFS with a report of re- this case, NMFS shall release the un- search findings, which must include: A utilized portion of the RSA back to its detailed description of methods of data respective management area(s) for the collection and analysis; a discussion of first year of the specifications and any results and any relevant conclusions other year that yields unutilized set- presented in a format that is under- aside after an additional RFP is pub- standable to a non-technical audience; lished. The Council also may decide and a detailed final accounting of all not to publish another RFP, in which funds used to conduct the herring re- case NMFS may release the unutilized search. portion of the set-aside back to its re- [72 FR 11277, Mar. 12, 2007, as amended at 76 spective management area(s) for all 3 FR 11381, Mar. 2, 2011] fishing years covered by the specifica- tions. Subpart L—Management Meas- (g) If a proposal is approved, but a ures for the Spiny Dogfish Fish- final award is not made by NMFS, or if ery NMFS determines that the allocated RSA cannot be utilized by a project, NMFS shall reallocate the unallocated SOURCE: 65 FR 1570, Jan. 11, 2000, unless otherwise noted. or unused amount of the RSA to the re- spective sub-ACL, in accordance with § 648.230 Spiny dogfish Annual Catch the APA, provided that the RSA can be Limits (ACLs). available for harvest before the end of (a) The Spiny Dogfish Monitoring the fishing year for which the RSA is Committee shall recommend to the specified. Joint Spiny Dogfish Committee, an (h) Any RSA reallocated under para- ACL for the commercial spiny dogfish graphs (f) and (g) of this section may fishery, which shall equal to the do- not be used solely as compensation for mestic ABC (i.e., the ABC minus Cana- research. dian catch) recommended by the SSC (i) Researchers may apply for the use as specified in § 648.20. of more than one herring RAS alloca- (1) Periodicity. The spiny dogfish ACL tion for individual research projects, may be established on an annual basis and may request that the set-aside be for up to 5 years at a time, dependent collected separately from the research on whether the SSC provides single or trip or as part of the research trip. The multiple-year ABC recommendations. research compensation trips do not (2) [Reserved] necessarily have to be conducted by (b) Performance review. The Spiny the same vessel, but must be conducted Dogfish Monitoring Committee shall in the management area from which conduct a detailed review of fishery the set-aside was derived. performance relative to the ACL at (j) No more than 50 percent of the al- least every 5 years. located set-aside may be taken before (1) If an ACL is exceeded with a fre- the research begins. If a research quency greater than 25 percent (i.e., project is terminated for any reason more than once in 4 years or any 2 con- prior to completion, any funds col- secutive years), the Spiny Dogfish lected from the catch sold to pay for Monitoring Committee will review

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fishery performance information and junction with any ACL performance re- make recommendations to the Coun- view, as outlined in § 648.230(b). cils for changes in measures intended [76 FR 60642, Sept. 29, 2011] to ensure ACLs are not exceeded as fre- quently. § 648.232 Spiny dogfish specifications. (2) The Councils may specify more frequent or more specific ACL perform- (a) Commercial quota and other speci- ance review criteria as part of a stock fication measures. The Spiny Dogfish rebuilding plan following a determina- Monitoring Committee shall rec- tion that the spiny dogfish stock has ommend to the Joint Spiny Dogfish become overfished. Committee a TAL (i.e., annual coastwide commercial quota) and any (3) Performance reviews shall not other measures, including those in substitute for annual reviews that paragraphs (a)(1) through (8) of this occur to ascertain if prior year ACLs section, that are necessary to ensure have been exceeded, but may be con- that the commercial ACL will not be ducted in conjunction with such re- exceeded in any fishing year (May 1– views. April 30), for a period of 1–5 fishing [76 FR 60642, Sept. 29, 2011] years. If research quota is specified as described in paragraph (f) of this sec- § 648.231 Spiny dogfish Annual Catch tion, the effective commercial quota Target (ACT) and Total Allowable will be those commercial landings Level of Landings (TAL). available after the deduction for the (a) The Spiny Dogfish Monitoring research quota. The measures that may Committee shall identify and review be recommended include, but are not the relevant sources of management limited to: uncertainty to recommend an ACT and (1) Minimum or maximum fish sizes; a TAL for the fishery as part of the (2) Seasons; spiny dogfish specification process (3) Mesh size restrictions; specified in § 648.232. The Spiny Dogfish (4) Trip limits; Monitoring Committee recommenda- (5) Research quota set from a range tions shall identify the specific sources of 0 to 3 percent of the commercial of management uncertainty that were quota; considered, technical approaches to (6) Changes, as appropriate, to the mitigating these sources of uncer- SBRM, including the CV-based per- tainty, domestic commercial and rec- formance standard, the means by reational discards, and any additional which discard data are collected/ob- relevant information considered in the tained, fishery stratification, the proc- ACT and TAL recommendation proc- ess for prioritizing observer sea-day al- ess. locations, reports, and/or industry- (1) The ACT shall be identified as less funded observers or observer set aside than or equal to the ACL. programs; (2) The Spiny Dogfish Monitoring (7) Other gear restrictions; and Committee shall recommend a TAL to (8) Changes to AMs and ACT control the Joint Spiny Dogfish Committee, rules. which accounts for domestic commer- (b) Joint Spiny Dogfish Committee rec- cial and recreational discards (ACT ommendation. The Councils’ Joint minus domestic dead discards). The Spiny Dogfish Committee shall review TAL is equivalent to the annual the recommendations of the Spiny coastwide commercial quota. Dogfish Monitoring Committee. Based (b) Periodicity. The TAL may be es- on these recommendations, requests tablished on an annual basis for up to for research quota, and any public com- 5 years at a time, dependent on wheth- ments, the Joint Spiny Dogfish Com- er the SSC provides single or multiple mittee shall recommend to the Coun- year ABC recommendations. cils a TAL, and possibly other meas- (c) Performance review. The Spiny ures, including those specified in para- Dogfish Monitoring Committee shall graphs (a)(1) through (8) of this section, conduct a detailed review of fishery necessary to ensure that the ACL spec- performance relative to TALs in con- ified in § 648.230 will not be exceeded in

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any fishing year (May 1–April 30), for a (f) Research quota. See § 648.22(g). period of 1–5 fishing years. [76 FR 60642, Sept. 29, 2011, as amended at 76 (c) Council recommendations. (1) The FR 81850, Dec. 29, 2011; 79 FR 41143, July 15, Councils shall review these rec- 2014; 80 FR 37197, June 30, 2015] ommendations and, based on the rec- ommendations and any public com- § 648.233 Spiny dogfish Accountability ments, recommend to the Regional Ad- Measures (AMs). ministrator a TAL and other measures (a) Commercial EEZ closure. The Re- necessary to ensure that the ACL spec- gional Administrator shall determine ified in § 648.230 will not be exceeded in the date by which the annual coastwide any fishing year, for a period of 1–5 quota described in § 648.232 will be har- fishing years. The Councils’ rec- vested and shall close the EEZ to fish- ommendations must include supporting ing for spiny dogfish on that date for documentation, as appropriate, con- the remainder of the fishing year by cerning the environmental, economic, publishing notification in the FEDERAL and other impacts of the recommenda- REGISTER. Upon the closure date, and tions. The Regional Administrator for the remainder of the fishing year, shall initiate a review of these rec- no vessel may fish for or possess spiny ommendations and may modify the dogfish in the EEZ, nor may vessels recommended quota and other manage- issued a spiny dogfish permit under ment measures to ensure that the ACL this part land spiny dogfish, nor may specified in § 648.230 will not be exceed- dealers issued a Federal permit pur- ed in any fishing year, for a period of 1– chase spiny dogfish from vessels issued 5 fishing years. The Regional Adminis- a spiny dogfish permit under this part. trator may modify the Councils’ rec- (b) ACL overage evaluation. The ACL ommendations using any of the meas- will be evaluated based on a single- ures that were not rejected by both year examination of total catch (in- Councils. cluding both landings and dead dis- (2) After such review, NMFS shall cards) to determine if the ACL has publish a proposed rule in the FEDERAL been exceeded. REGISTER specifying a TAL, adjust- (c) Overage repayment. In the event ments to ACL, ACT, and TAL resulting that the ACL has been exceeded in a from the accountability measures spec- given fishing year, the exact amount in ified in § 648.233, and other measures pounds by which the ACL was exceeded necessary to ensure that the ACL will shall be deducted, as soon as possible not be exceeded in any fishing year, for from a subsequent single fishing year a period of 1–5 fishing years. After con- ACL. sidering public comments, NMFS shall [76 FR 60643, Sept. 29, 2011, as amended at 79 publish a final rule in the FEDERAL FR 41144, July 15, 2014] REGISTER to implement the TAL and other measures. § 648.234 Gear restrictions. [Reserved] (3) If the annual specifications are not published in the FEDERAL REGISTER § 648.235 Spiny dogfish possession and prior to the start of the fishing year, landing restrictions. the previous year’s annual specifica- (a) Possession limit. Vessels issued a tions will remain in effect. The pre- valid Federal spiny dogfish permit vious year’s specifications will be re- under § 648.4(a)(11) may: placed by the current year’s specifica- (1) Possess up to 6,000 lb (2,722 kg) of tions as of the effective date of the spiny dogfish per trip; and final rule implementing the current (2) Land only one trip of spiny year’s specifications. dogfish per calendar day. (d) [Reserved] (b) Regulations governing the har- (e) Landings applied against the com- vest, possession, landing, purchase, and mercial quota. All spiny dogfish landed sale of shark fins are found at part 600, for a commercial purpose in the states subpart N, of this chapter. from Maine through Florida shall be [76 FR 60643, Sept. 29, 2011, as amended at 78 applied against the annual coastwide FR 25864, May 3, 2013; 79 FR 41144, July 15, commercial quota, regardless of where 2014; 79 FR 46378, Aug. 8, 2014; 81 FR 53960, the spiny dogfish were harvested. Aug. 15, 2016]

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§ 648.236 Special Management Zones. seasons); restrictions on vessel size [Reserved] (length and GRT) or shaft horsepower; target quotas; measures to mitigate §§ 648.237–648.238 [Reserved] marine mammal entanglements and interactions; regional management; § 648.239 Spiny dogfish framework ad- justments to management meas- changes to the SBRM, including the ures. CV-based performance standard, the means by which discard data are col- (a) Within season management action. lected/obtained, fishery stratification, The Councils may, at any time, ini- the process for prioritizing observer tiate action to add or adjust manage- ment measures if they find that action sea-day allocations, reports, and/or in- is necessary to meet or be consistent dustry-funded observers or observer set with the goals and objectives of the aside programs; any other management Spiny Dogfish FMP. measures currently included in the (1) Adjustment process. After the Spiny Dogfish FMP; and measures to Councils initiate a management ac- regulate aquaculture projects. Meas- tion, they shall develop and analyze ap- ures that require significant departures propriate management actions over the from previously contemplated meas- span of at least two Council meetings. ures or that are otherwise introducing The Councils shall provide the public new concepts may require an amend- with advance notice of the availability ment of the FMP instead of a frame- of both the proposals and the analysis work adjustment. for comment prior to, and at, the sec- (2) Councils’ recommendation. After de- ond Council meeting. The Councils’ veloping management actions and re- recommendation on adjustments or ad- ceiving public testimony, the Councils ditions to management measures must shall make a recommendation ap- come from one or more of the following proved by a majority of each Council’s categories: Adjustments within exist- members, present and voting, to the ing ABC control rule levels; adjust- Regional Administrator. The Councils’ ments to the existing MAFMC risk pol- recommendation must include sup- icy; introduction of new AMs, includ- porting rationale, an analysis of im- ing sub-ACTs; minimum fish size; max- pacts and, if management measures are imum fish size; gear requirements, re- recommended, a recommendation to strictions, or prohibitions (including, the Regional Administrator on whether but not limited to, mesh size restric- to issue the management measures as a tions and net limits); regional gear re- final rule. If the Councils recommend strictions; permitting restrictions, and that the management measures should reporting requirements; recreational be issued as a final rule, they must fishery measures (including possession consider at least the following factors and size limits and season and area re- and provide support and analysis for strictions); commercial season and each factor considered: area restrictions; commercial trip or (i) Whether the availability of data possession limits; fin weight to spiny on which the recommended manage- dogfish landing weight restrictions; on- ment measures are based allows for board observer requirements; commer- adequate time to publish a proposed cial quota system (including commer- rule and whether regulations have to cial quota allocation procedures and possible quota set-asides to mitigate be in place for an entire harvest/fishing bycatch, conduct scientific research, or season; for other purposes); recreational har- (ii) Whether there has been adequate vest limit; annual quota specification notice and opportunity for participa- process; FMP Monitoring Committee tion by the public and members of the composition and process; description affected industry in the development of and identification of essential fish the Councils’ recommended manage- habitat; description and identification ment measures; of habitat areas of particular concern; (iii) Whether there is an immediate overfishing definition and related need to protect the resource; and thresholds and targets; regional season (iv) Whether there will be a con- restrictions (including option to split tinuing evaluation of management

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measures adopted following their im- ment reports and generate a Fishery plementation as a final rule; Evaluation (SAFE) Report, described (3) NMFS action. If the Councils’ rec- in paragraph (b) of this section, to re- ommendation includes adjustments or view the status of the stock and the additions to management measures, fishery. Based on such review, the PDT then: shall provide a report to the Council on (i) If NMFS concurs with the Coun- any changes or new information about cils’ recommended management meas- the red crab stock and/or fishery, and ures and determines that the rec- it shall recommend whether the speci- ommended management measures fications for the upcoming year(s) need should be issued as a final rule based to be modified. At a minimum, this re- on the factors specified in paragraph view shall include a review of at least (b)(2) of this section, then the measures the following data, if available: Com- will be issued as a final rule in the FED- mercial catch data; current estimates ERAL REGISTER. of fishing mortality and catch-per- (ii) If NMFS concurs with the Coun- unit-effort (CPUE); discards; stock sta- cils’ recommendation and determines tus; recent estimates of recruitment; that the recommended management virtual population analysis results and measures should be published first as a other estimates of stock size; sea sam- proposed rule, then the measures will pling, port sampling, and survey data be published as a proposed rule in the or, if sea sampling data are unavail- FEDERAL REGISTER. After additional able, length frequency information public comment, if NMFS concurs with from port sampling and/or surveys; im- the Councils’ recommendation, then pact of other fisheries on the mortality the measures will be issued as a final of red crabs; and any other relevant in- rule in the FEDERAL REGISTER. formation. (iii) If NMFS does not concur, the (2) If new and/or additional informa- Councils will be notified in writing of tion becomes available, the Red Crab the reasons for the non-concurrence. PDT shall consider it during this re- (iv) Framework actions can be taken view. Based on this review, the Red only in the case where both Councils Crab PDT shall provide guidance to the approve the proposed measure. Council regarding the need to adjust (b) Emergency action. Nothing in this measures in the Red Crab FMP to bet- section is meant to derogate from the ter achieve the FMP’s objectives. After authority of the Secretary to take considering guidance, the Council may emergency action under section 305(e) submit to NMFS its recommendations of the Magnuson-Stevens Act. for changes to management measures, as appropriate, through the specifica- [76 FR 60643, Sept. 29, 2011, as amended at 76 tions process described in this section, FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015] the framework process specified in § 648.261, or through an amendment to the FMP. Subpart M—Management Meas- (3) Based on the review, described ures for the Atlantic Deep-Sea above, and/or the SAFE Report de- Red Crab Fishery scribed in paragraph (b) of this section, recommendations for acceptable bio- SOURCE: 67 FR 63233, Oct. 10, 2002, unless logical catch (ABC) from the Scientific otherwise noted. and Statistical Committee (SSC), and any other relevant information, the § 648.260 Specifications. Red Crab PDT shall recommend to the (a) Review and specifications process. Council the following specifications for The Council, the Red Crab Plan Devel- harvest of red crab: An ACL set less opment Team (PDT), and the Red Crab than or equal to ABC; and total allow- Advisory Panel shall monitor the sta- able landings (TAL) necessary to meet tus of the red crab fishery and re- the objectives of the FMP in each red source. crab fishing year, specified for a period (1) The Red Crab PDT shall meet at of up to 4 fishing years. least once every 4 years, or as directed (4) The PDT, after its review of the by the Council, to review Stock Assess- available information on the status of

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the stock and the fishery, may rec- no lapse in regulations while new speci- ommend to the Council any measures fications are completed. necessary to assure that the specifica- (b) SAFE Report. (1) The Red Crab tions will not be exceeded, as well as PDT shall prepare a SAFE Report at changes to the appropriate specifica- least every 4 years. Based on the SAFE tions. Report, the Red Crab PDT shall de- (5) Taking into account the annual velop and present to the Council rec- review and/or SAFE Report described ommended specifications as defined in in paragraph (b) of this section, the ad- paragraph (a) of this section for up to vice of the SSC, and any other relevant 4 fishing years. The SAFE Report shall information, the Red Crab PDT may be the primary vehicle for the presen- also recommend to the Red Crab Com- tation of all updated biological and mittee and Council changes to stock socio-economic information regarding status determination criteria and asso- the red crab fishery. The SAFE Report ciated thresholds based on the best sci- shall provide source data for any ad- entific information available, including justments to the management meas- information from peer-reviewed stock ures that may be needed to continue to assessments of red crab. These adjust- meet the goals and objectives of the ments may be included in the Council’s FMP. specifications for the red crab fishery. (2) In any year in which a SAFE Re- (6)(i) The Council shall review the port is not completed by the Red Crab recommendations of the Red Crab PDT, PDT, the review process described in Red Crab Committee, and SSC, any paragraph (a) of this section shall be public comment received thereon, and used to recommend any necessary ad- any other relevant information, and justments to specifications and/or man- make a recommendation to the Re- agement measures in the FMP. gional Administrator on appropriate [76 FR 60383, Sept. 29, 2011, as amended at 76 specifications and any measures nec- FR 81850, Dec. 29, 2011; 80 FR 37198, June 30, essary to assure that the specifications 2015; 85 FR 20616, Apr. 14, 2020] will not be exceeded. EFFECTIVE DATE NOTE: At 85 FR 20616, Apr. (ii) The Council’s recommendation 14, 2020, § 640.260 was amended by revising must include supporting documenta- paragraphs (a) introductory text, (1) through tion, as appropriate, concerning the en- (3) and (b), effective May 14, 2020, through vironmental, economic, and social im- Feb. 28, 2021. pacts of the recommendations. The Re- gional Administrator shall consider the § 648.261 Framework adjustment proc- recommendations and publish a rule in ess. the FEDERAL REGISTER proposing speci- (a) To implement a framework ad- fications and associated measures, con- justment for the Red Crab FMP, the sistent with the Administrative Proce- Council shall develop and analyze pro- dure Act. posed actions over the span of at least (iii) The Regional Administrator may two Council meetings and provide ad- propose specifications different than vance public notice of the availability those recommended by the Council. If of both the proposals and the analyses. the specifications published in the FED- Opportunity to provide written and ERAL REGISTER differ from those rec- oral comments shall be provided ommended by the Council, the reasons throughout the process before the for any differences must be clearly Council submits its recommendations stated and the revised specifications to the Regional Administrator. must satisfy the criteria set forth in (1) In response to an annual review of this section, the FMP, and other appli- the status of the fishery or the re- cable laws. source by the Red Crab PDT, or at any (iv) If the final specifications are not other time, the Council may rec- published in the FEDERAL REGISTER for ommend adjustments to any of the the start of the fishing year, the pre- measures proposed by the Red Crab vious year’s specifications shall remain FMP, including the SBRM. The Red in effect until superseded by the final Crab Oversight Committee may request rule implementing the current year’s that the Council initiate a framework specifications, to ensure that there is adjustment. Framework adjustments

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shall require one initial meeting (the pose management measures to resolve agenda must include notification of the gear conflicts; impending proposal for a framework (iv) Whether there will be a con- adjustment) and one final Council tinuing evaluation of management meeting. After a management action measures adopted following their im- has been initiated, the Council shall plementation as a final rule. develop and analyze appropriate man- (3) If the Regional Administrator agement actions within the scope iden- concurs with the Council’s rec- tified below. The Council may refer the ommended management measures, proposed adjustments to the Red Crab they shall be published in the FEDERAL Committee for further deliberation and REGISTER. If the Council’s rec- review. Upon receiving the rec- ommendation is first published as a ommendations of the Oversight Com- proposed rule and the Regional Admin- mittee, the Council shall publish no- istrator concurs with the Council’s rec- tice of its intent to take action and ommendation after receiving addi- provide the public with any relevant tional public comment, the measures analyses and opportunity to comment shall then be published as a final rule on any possible actions. After receiving in the FEDERAL REGISTER. public comment, the Council must (4) If the Regional Administrator ap- take action (to approve, modify, dis- proves the Council’s recommendations, approve, or table) on the recommenda- the Secretary may, for good cause tion at the Council meeting following found under the standard of the Admin- the meeting at which it first received istrative Procedure Act, waive the re- the recommendations. Documentation quirement for a proposed rule and op- and analyses for the framework adjust- portunity for public comment in the ment shall be available at least 2 weeks FEDERAL REGISTER. The Secretary, in before the final meeting. so doing, shall publish only the final (2) After developing management ac- rule. Submission of recommendations tions and receiving public testimony, does not preclude the Secretary from the Council may make a recommenda- deciding to provide additional oppor- tion to the Regional Administrator. tunity for prior notice and comment in The Council’s recommendation shall the FEDERAL REGISTER. include supporting rationale, an anal- (5) The Regional Administrator may ysis of impacts required under para- approve, disapprove, or partially dis- graph (a)(1) of this section and a rec- approve the Council’s recommendation. ommendation to the Regional Adminis- If the Regional Administrator does not trator on whether to issue the manage- approve the Council’s specific rec- ment measures as a final rule. If the ommendation, the Regional Adminis- Council recommends that the manage- trator must notify the Council in writ- ment measures should be issued di- ing of the reasons for the action prior rectly as a final rule, the Council shall to the first Council meeting following consider at least the following factors publication of such decision. and provide support and analysis for (b) [Reserved] each factor considered: [67 FR 63233, Oct. 10, 2002, as amended at 80 (i) Whether the availability of data FR 37198, June 30, 2015] on which the recommended manage- ment measures are based allows for § 648.262 Accountability measures for adequate time to publish a proposed red crab limited access vessels. rule, and whether regulations have to (a) Closure authority. NMFS shall be in place for an entire harvest/fishing close the EEZ to fishing for red crab in season; excess of the incidental limit by com- (ii) Whether there has been adequate mercial vessels for the remainder of notice and opportunity for participa- the fishing year if the Regional Admin- tion by the public and members of the istrator determines that the TAL has affected industry in the development of been harvested. Upon notification of the Council’s recommended manage- the closure, a vessel issued a limited ment measures; access red crab permit may not fish (iii) Whether there is an immediate for, catch, possess, transport, land, need to protect the resource or to im- sell, trade, or barter, in excess of 500 lb

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(226.8 kg) of red crab, or its equivalent (b) Vessels issued red crab incidental in weight as specified at § 648.263(a)(2)(i) catch permits—(1) Possession and landing and (ii), per fishing trip in or from the restrictions. A vessel or operator of a Red Crab Management Unit. vessel that has been issued a red crab (b) Adjustment for an overage. (1) If incidental catch permit, or a vessel NMFS determines that the TAL was issued a limited access red crab permit exceeded in a given fishing year, the not on a dedicated red crab trip, as de- exact amount of the landings overage fined in § 648.2, may catch, possess, will be deducted, as soon as is prac- transport, land, sell, trade, or barter, ticable, from a subsequent single fish- up to 500 lb (226.8 kg) of red crab, or its ing year’s TAL, through notification equivalent in weight as specified at consistent with the Administrative paragraphs (a)(1)(i) and (ii) of this sec- Procedure Act. tion, per fishing trip in or from the Red (2) If NMFS determines that the ACL Crab Management Unit. was exceeded in a given fishing year, (2) Full-processing prohibition. No per- the exact amount of an overage that son may fully process at sea, possess, was not already deducted from the or land, fully-processed red crab. TAL under paragraph (b)(i) of this sec- (3) Mutilation restrictions. (i) A vessel tion will be deducted, as soon as is may not retain, possess, or land red practicable, from a subsequent single crab claws and legs separate from crab fishing year’s TAL, through notifica- bodies. tion consistent with the Administra- (ii) A vessel may not retain, possess, tive Procedure Act. or land more than two claws and eight legs per crab. [76 FR 60383, Sept. 29, 2011] [67 FR 63233, Oct. 10, 2002, as amended at 74 § 648.263 Red crab possession and FR 20557, May 4, 2009; 76 FR 60384, Sept. 29, landing restrictions. 2011] (a) Vessels issued limited access red crab § 648.264 Gear requirements/restric- permits. (1) [Reserved] tions. (2) Conversion to whole crab weight. (i) (a) Limited access red crab permitted For red crab that is landed in half sec- vessels. (1) Limited access red crab ves- tions, with all gills and other detritus sel may not harvest red crab from any still intact, the recovery rate is 64 per- fishing gear other than red crab traps/ cent of a whole red crab, which is equal pots, marked as specified by paragraph to the weight of red crab half sections (a)(5) of this section. multiplied by 1.56. (2) A vessel owner or operator of a (ii) For red crab that is landed in half vessel that holds a valid limited access sections, with all gills and other detri- red crab permit may fish with, deploy, tus removed, the recovery rate is 58 possess, haul, harvest red crab from, or percent of a whole red crab, which is carry on board a vessel, up to a total of equal to the weight of red crab half sec- 600 traps/pots when fishing for, catch- tions multiplied by 1.72. ing, or landing red crab. A vessel owner (3) Female red crab restriction. A vessel is required to declare, on the annual may not fish for, catch, possess, trans- permit application, the maximum port, land, sell, trade, or barter, female number of traps/pots used per string red crabs in excess of one standard U.S. and the maximum number of strings fish tote of incidentally caught female employed, such that the product of the red crabs per trip when fishing under a maximum number of traps/pots per red crab DAS. string and the maximum number of (4) Full-processing prohibition. No per- strings declared is no more than 600 son may fully process at sea, possess, traps/pots. The vessel is restricted to or land, fully-processed red crab. the product of the maximum number of (5) Mutilation restriction. A vessel may traps/pots per string multiplied by the not retain, possess, or land red crab maximum number of strings declared claws and legs separate from crab bod- on the annual vessel permit applica- ies in excess of one standard U.S. fish tion. tote per trip when fishing on a dedi- (3) Parlor traps/pots. No person may cated red crab trip. haul or remove lobster, red crab or fish

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from parlor traps/pots when fishing cial golden tilefish fishery, which shall under a red crab DAS. be equal to the ABC recommended by (4) Maximum trap/pot size. The max- the SSC. imum allowable red crab trap/pot size (1) [Reserved] of red crab traps/pots used or deployed (2) Periodicity. The tilefish commer- on a red crab DAS is 18 cubic feet (0.51 cial ACL may be established on an an- cubic meters) in volume. Red crab nual basis for up to three years at a traps/pots may be rectangular, trape- time, dependent on whether the SSC zoidal or conical only, unless other red provides single or multiple-year ABC crab trap/pot designs whose volume recommendations. does not exceed 18 cubic feet (0.51 cubic (b) Blueline tilefish. The Tilefish Mon- meters) are authorized by the Regional itoring Committee shall recommend to Administrator. the MAFMC separate ACLs for the (5) Gear markings. The following is re- commercial and recreational blueline quired on all buoys used at the end of tilefish fisheries, the sum total of each red crab trawl: which shall be equal to the ABC rec- (i) The letters ‘‘RC’’ in letters at ommended by the SSC. least 3 inches (7.62 cm) in height must (1) Sector allocations. The ACL for the be painted on top of each buoy. commercial sector of the blueline (ii) The vessel’s permit number in nu- tilefish fishery shall be 27 percent of merals at least 3 inches (7.62 cm) in the ABC, and the ACL for the rec- height must be painted on the side of reational sector of the fishery shall be each buoy to clearly identify the ves- 73 percent of the ABC. sel. (2) Periodicity. The blueline tilefish (iii) The number of each trap trawl commercial and recreational ACLs may be established on an annual basis relative to the total number of trawls for up to three years at a time, depend- used by the vessel (i.e., ‘‘3 of 6’’) must ent on whether the SSC provides single be painted in numerals at least 3 inches or multiple-year ABC recommenda- (7.62 cm) in height on the side of each tions. buoy. (c) Performance review. The Tilefish (iv) High flyers and radar reflectors Monitoring Committee shall conduct a are required on each trap trawl. detailed review of golden tilefish and (6) Additional gear requirements. (i) blueline tilefish fishery performance Vessels must comply with the gear reg- relative to the appropriate sector ACLs ulations found at § 229.32 of this title. at least every 5 years. (ii) Red crab traps/pots, fished in 200 (1) If an ACL is exceeded with a fre- fathoms (365.8 m) or less by a vessel quency greater than 25 percent (i.e., issued a limited access lobster permit more than once in 4 years or in any 2 under § 697.4(a), must comply with the consecutive years), the Tilefish Moni- trap tagging requirements specified at toring Committee will review fishery § 697.19. performance information and make (b) [Reserved] recommendations to the MAFMC for [67 FR 63233, Oct. 10, 2002, as amended at 72 changes in measures intended to ensure FR 57194, Oct. 5, 2007; 76 FR 60384, Sept. 29, ACLs are not as frequently exceeded. 2011] (2) The MAFMC may specify more frequent or more specific ACL perform- Subpart N—Management Meas- ance review criteria as part of a stock ures for the Golden Tilefish rebuilding plan following a determina- and Blueline Tilefish Fisheries tion that either the golden tilefish or blueline tilefish stock has become overfished. SOURCE: 66 FR 49145, Sept. 26, 2001, unless otherwise noted. (3) Performance reviews shall not substitute for annual reviews that § 648.290 Tilefish Annual Catch Limits occur to ascertain if prior year ACLs (ACL). have been exceeded, but may be con- (a) Golden tilefish. The Tilefish Moni- ducted in conjunction with such re- toring Committee shall recommend to views. the MAFMC an ACL for the commer- [82 FR 52857, Nov. 15, 2017]

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§ 648.291 Tilefish Annual Catch Tar- sistent with paragraph (b) of this sec- gets (ACT). tion. (a) Golden tilefish. The Tilefish Moni- (2) Periodicity. ACTs may be estab- toring Committee shall identify and re- lished on an annual basis for up to view the relevant sources of manage- three years at a time, dependent on ment uncertainty to recommend ACTs whether the SSC provides single or for the individual fishing quota (IFQ) multiple-year ABC recommendations. and incidental sectors of the fishery as (c) Performance review. The Tilefish part of the golden tilefish specification Monitoring Committee shall conduct a process. The Tilefish Monitoring Com- detailed review of golden tilefish and mittee recommendations shall identify blueline tilefish fishery performance the specific sources of management un- relative to the appropriate ACTs in certainty that were considered, tech- conjunction with any ACL performance nical approaches to mitigating these review, as outlined in § 648.290(c)(1) sources of uncertainty, and any addi- through (3). tional relevant information considered [82 FR 52857, Nov. 15, 2017, as amended at 83 in the ACT recommendation process. FR 10806, Mar. 13, 2018] (1) ACT allocation. (i) The ACT shall be less than or equal to the ACL. § 648.292 Tilefish specifications. (ii) The Tilefish Monitoring Com- (a) Golden Tilefish. The golden tilefish mittee shall include the fishing mor- fishing year is the 12-month period be- tality associated with the recreational ginning with November 1, annually. fishery in its ACT recommendations (1) Annual specification process. The only if this source of mortality has not Tilefish Monitoring Committee shall already been accounted for in the ABC review the ABC recommendation of the recommended by the SSC. SSC, golden tilefish landings and dis- (iii) The Tilefish Monitoring Com- cards information, and any other rel- mittee shall allocate 5 percent of the evant available data to determine if ACT to the incidental sector of the the golden tilefish ACL, ACT, or total fishery and the remaining 95 percent to allowable landings (TAL) for the IFQ the IFQ sector. and/or incidental sectors of the fishery (2) Periodicity. ACTs may be estab- require modification to respond to any lished on an annual basis for up to changes to the golden tilefish stock’s three years at a time, dependent on biological reference points or to ensure whether the SSC provides single or any applicable rebuilding schedule is multiple-year ABC recommendations. maintained. The Monitoring Com- (b) Blueline tilefish. The Tilefish Mon- mittee will consider whether any addi- itoring Committee shall identify and tional management measures or revi- review the relevant sources of manage- sions to existing measures are nec- ment uncertainty to recommend ACTs essary to ensure that the IFQ and/or in- for the commercial and recreational cidental TAL will not be exceeded. fishing sectors as part of the blueline Based on that review, the Monitoring tilefish specification process. The Committee will recommend golden Tilefish Monitoring Committee rec- tilefish ACL, ACTs, and TALs to the ommendations shall identify the spe- Tilefish Committee of the MAFMC. cific sources of management uncer- Based on these recommendations and tainty that were considered, technical any public comment received, the approaches to mitigating these sources Tilefish Committee shall recommend of uncertainty, and any additional rel- to the MAFMC the appropriate golden evant information considered in the tilefish ACL, ACT, TAL, and other ACT recommendation process. management measures for both the (1) Sectors. Commercial and rec- IFQ and the incidental sectors of the reational specific ACTs shall be less fishery for a single fishing year or up than or equal to the sector-specific to 3 years. The MAFMC shall review ACLs. The Tilefish Monitoring Com- these recommendations and any public mittee shall recommend any reduction comments received, and recommend to in catch necessary to address sector- the Regional Administrator, at least specific management uncertainty, con- 120 days prior to the beginning of the

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next fishing year, the appropriate gold- of the quota will be published in the en tilefish ACL, ACT, TAL, the per- FEDERAL REGISTER. centage of TAL allocated to research (5) Research quota. See § 648.22(g). quota, and any management measures (b) Blueline tilefish. The blueline to ensure that the TAL will not be ex- tilefish fishing year is the calendar ceeded, for both the IFQ and the inci- year beginning on January 1, annually. dental sectors of the fishery, for the (1) Recommended measures. Based on next fishing year, or up to 3 fishing annual review, the Tilefish Monitoring years. The MAFMC’s recommendations Committee shall recommend to the must include supporting documenta- Tilefish Committee of the MAFMC tion, as appropriate, concerning the en- vironmental and economic impacts of measures to ensure that the ACLs spec- the recommendations. The Regional ified by the process outlined in Administrator shall review these rec- § 648.290(b), including: ommendations, and after such review, (i) Total Allowable Landings (TAL) NMFS will publish a proposed rule in for both the commercial and rec- the FEDERAL REGISTER specifying the reational sectors for each fishing year, annual golden tilefish ACL, ACT, TAL, where the sum of the TAL and sector- and any management measures to en- specific estimated discards shall be less sure that the TAL will not be exceeded than or equal to the sector ACT; for the upcoming fishing year or years (ii) Research quota for both the com- for both the IFQ and the incidental sec- mercial and recreational sectors set tors of the fishery. After considering from a range of 0 to three percent of public comments, NMFS will publish a the TAL, as described in paragraph final rule in the FEDERAL REGISTER to (b)(3) of this section; implement the golden tilefish ACL, (iii) Commercial trip limit; ACTs, TALs and any management (iv) Commercial minimum fish size; measures. The previous year’s speci- (v) Recreational possession limit; fications will remain effective unless revised through the specification proc- (vi) Recreational minimum fish size; ess and/or the research quota process (vii) Recreational season; described in paragraph (a)(5) of this (viii) Retention requirements; and/or section. NMFS will issue notification (ix) Any other measure needed to en- in the FEDERAL REGISTER if the pre- sure the ACLs are not exceeded. vious year’s specifications will not be (2) Annual specification process. The changed. Tilefish Committee of the MAFMC (2) Total Allowable Landings (TAL). (i) shall review the recommendations of The TALs for both the IFQ and the in- the Tilefish Monitoring Committee. cidental sectors of the fishery for each Based on these recommendations and fishing year will be specified pursuant any public comment received, the to paragraph (a)(1) of this section. Tilefish Committee shall recommend (ii) The sum of the sector-specific to the MAFMC the appropriate ACL, TAL and the estimated sector-specific ACT, TAL, and other management discards shall be less than or equal to measures for the blueline tilefish com- the ACT for that sector of the fishery. mercial and recreational sectors for a (3) TAL allocation. For each fishing single fishing year or up to three years. year, up to 3 percent of the incidental The MAFMC shall review these rec- and IFQ TALs may be set aside for the purpose of funding research. The re- ommendations and any public com- maining IFQ TAL will be allocated to ments received, and recommend to the the individual IFQ permit holders as Regional Administrator, at least 120 described in § 648.294(a). days prior to the beginning of the next (4) Adjustments to the quota. If the in- fishing year, the appropriate blueline cidental harvest exceeds the incidental tilefish ACLs, ACTs, TALs, the per- TAL for a given fishing year, the inci- centage of TAL allocated to research dental trip limit specified at quota, and any management measures § 648.295(a)(2) may be reduced in the fol- to ensure that the sector ACLs will not lowing fishing year. If an adjustment is be exceeded, for the next fishing year, required, a notification of adjustment or up to three fishing years. The

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MAFMC’s recommendations must in- mercial ACL will be deducted from the clude supporting documentation, as ap- commercial ACL for the following propriate, concerning the environ- year. mental and economic impacts of the (ii) Non-landing accountability meas- recommendations. The Regional Ad- ure. In the event that the commercial ministrator shall review these rec- ACL has been exceeded and the overage ommendations, and after such review, has not been accommodated through NMFS will publish a proposed rule in the landings-based AM, then the exact the FEDERAL REGISTER specifying the amount by which the commercial ACL annual blueline tilefish ACL, ACT, was exceeded, in pounds, will be de- TAL and any management measures ducted, as soon as possible, from the for the blueline tilefish commercial applicable subsequent single fishing and recreational sectors to ensure that the sector ACLs will not be exceeded year commercial ACL. for the upcoming fishing year or years. (3) Recreational ACL overage evalua- After considering public comments, tion. The recreational sector ACL will NMFS will publish a final rule in the be evaluated based on a three-year FEDERAL REGISTER to implement the moving average comparison of total blueline tilefish commercial and rec- catch (landings and discards). Both reational ACLs, ACTs, TALs and any landings and dead discards will be eval- management measures. The previous uated in determining if the three-year year’s specifications will remain effec- average recreational sector ACL has tive unless revised through the speci- been exceeded. The three-year moving fication process and/or the research average will be phased in over the first quota process described in paragraph three years, beginning with 2017: Total (b)(3) of this section. NMFS will issue recreational total catch from 2017 will notification in the FEDERAL REGISTER be compared to the 2017 recreational if the previous year’s specifications sector ACL; the average total catch will not be changed. from both 2017 and 2018 will be com- (3) Research quota. See § 648.22(g). pared to the average of the 2017 and [82 FR 52858, Nov. 15, 2017, as amended at 83 2018 recreational sector ACLs; the aver- FR 10806, Mar. 13, 2018] age total catch from 2017, 2018, and 2019 will be compared to the average of the § 648.293 Tilefish accountability meas- 2017, 2018, and 2019 recreational sector ures. ACLs and, for all subsequent years, the (a) Golden tilefish—(1) Commercial inci- preceding three-year average rec- dental fishery closure. See § 648.295(a)(3). reational total catch will be compared (2) Commercial ACL overage evaluation. to the preceding three-year average If the golden tilefish ACL is exceeded, recreational sector ACL. the amount of the ACL overage that (4) Recreational accountability meas- cannot be directly attributed to IFQ al- ures (AM). If the recreational ACL is location holders having exceeded their exceeded, then the following procedure IFQ allocation will be deducted from will be followed: the golden tilefish ACL in the fol- lowing fishing year. All overages di- (i) If biomass is below threshold, the rectly attributable to IFQ allocation stock is under rebuilding, or biological ref- holders will be deducted from the ap- erence points are unknown. If the most propriate IFQ allocation(s) in the sub- recent estimate of biomass is below the sequent fishing year, as required by BMSY threshold (i.e., B/BMSY is less than § 648.294(f). 0.5), the stock is under a rebuilding (b) Blueline tilefish—(1) Commercial plan, or the biological reference points fishery closure. See § 648.295(b)(2). (B or BMSY) are unknown, and the rec- (2) Commercial ACL overage evaluation. reational ACL has been exceeded, then The commercial sector ACL will be the exact amount, in pounds, by which evaluated based on a single-year exam- the most recent year’s recreational ination of total catch (landings and catch estimate exceeded the most re- discards). cent year’s recreational ACL will be (i) Commercial landings overage repay- deducted in the following fishing year, ment. Landings in excess of the com- or as soon as possible thereafter, once

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catch data are available, from the rec- the measures and conditions that pre- reational ACT, as a single-year adjust- cipitated the overage, will be made in ment. Changes to management meas- the following fishing year, or as soon ures would also be considered through as possible thereafter, once catch data the specifications process to avoid fu- are available, as a single-year adjust- ture overages. ment. (ii) If biomass is above the threshold, [82 FR 52859, Nov. 15, 2017, as amended at 83 but below the target, and the stock is not FR 10807, Mar. 13, 2018] under rebuilding. If the most recent es- timate of biomass is above the biomass § 648.294 Golden tilefish individual threshold (B/BMSY is greater than 0.5), fishing quota (IFQ) program. but below the biomass target (B/BMSY is (a) IFQ allocation permits. (1) After ad- less than 1.0), and the stock is not justments for incidental catch, re- under a rebuilding plan, then the fol- search set-asides, and overages, as ap- lowing AMs will apply: propriate, pursuant to § 648.292(a)(3), (A) If the recreational ACL has been ex- the Regional Administrator shall di- ceeded. If the Recreational ACL has vide the remaining golden tilefish TAL been exceeded, then adjustments to the among the IFQ quota shareholders who recreational management measures, held IFQ quota share as of September 1 taking into account the performance of of a given fishing year. Allocations the measures and conditions that pre- shall be made by applying the IFQ cipitated the overage, will be made in quota share percentages that exist on the following fishing year, or as soon September 1 of a given fishing year to as possible thereafter, once catch data the IFQ TAL pursuant to § 648.292(a)(3), are available, as a single-year adjust- subject to any deductions for overages ment. pursuant to paragraph (f) of this sec- (B) If the ABC has been exceeded. If tion. Amounts of IFQ allocation of 0.5 the ABC has been exceeded, then a sin- lb (0.23 kg) or smaller created by this gle-year adjustment to the rec- calculation shall be rounded downward reational ACT will be made in the fol- to the nearest whole number, and lowing fishing year, or as soon as pos- amounts of IFQ allocation greater than sible thereafter, once catch data are 0.5 lb (0.23 kg) shall be rounded upward available, as described below. In addi- to the nearest whole number, so that tion, adjustments to the recreational annual IFQ allocations are specified in management measures, taking into ac- whole pounds. count the performance of the measures (2) Allocations shall be issued in the and conditions that precipitated the form of an annual IFQ allocation per- overage, will be made in the following mit. The IFQ allocation permit shall year. specify the quota share percentage held (1) Adjustment to recreational ACT. If by the IFQ allocation permit holder an adjustment to the following year’s and the total pounds of golden tilefish recreational ACT is required, then the that the IFQ allocation permit holder ACT will be reduced by the exact is authorized to harvest. amount, in pounds, of the product of (3) In order to be eligible to hold the overage, defined as the difference tilefish IFQ allocation, an individual between the recreational catch and the must be a U.S. citizen or permanent recreational ACL, and the payback co- resident alien. Businesses or other en- efficient. tities that wish to hold allocation must (2) Payback coefficient. The payback be eligible to own a documented vessel coefficient is the difference between under the terms of 46 U.S.C. 12103(b). the most recent estimate of biomass (b) Application—(1) General. Appli- and BMSY (i.e., BMSY–B) divided by one- cants for a permit under this section half of BMSY. must submit a completed application (iii) If biomass is above target. If the on an appropriate form obtained from most recent estimate of biomass is NMFS. The application must be filled above BMSY (i.e., B/BMSY is greater than out completely and signed by the appli- 1.0), then adjustments to the rec- cant. Each application must include a reational management measures, tak- declaration of all interests in IFQ ing into account the performance of quota shares and IFQ allocations, as

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defined in § 648.2, listed by IFQ alloca- (ii) An IFQ allocation permit holder tion permit number, and must list all who wishes to authorize an additional Federal vessel permit numbers for all vessel(s) to possess golden tilefish pur- vessels that an applicant owns or suant to the IFQ allocation permit leases that would be authorized to pos- must send written notification to sess golden tilefish pursuant to the IFQ NMFS. This notification must include: allocation permit. The Regional Ad- (A) The vessel name and permit num- ministrator will notify the applicant of ber, and any deficiency in the application. (B) The dates on which the IFQ allo- (i) [Reserved] cation permit holder desires the vessel (ii) Renewal applications. Applications to be authorized to land golden tilefish to renew an IFQ allocation permit pursuant to the IFQ allocation permit. must be received by September 15 to be (iii) A vessel listed on the IFQ alloca- processed in time for the November 1 tion permit is authorized to possess start of the next fishing year. Renewal golden tilefish pursuant to the subject applications received after this date permit, until the end of the fishing may not be approved, and a new permit year or until NMFS receives written may not be issued before the start of notification from the IFQ allocation the next fishing year. An IFQ alloca- permit holder to remove the vessel. tion permit holder must renew his/her (iv) A single vessel may not be listed IFQ allocation permit on an annual on more than one IFQ allocation per- basis by submitting an application for mit at the same time. such permit prior to the end of the (v) A copy of the IFQ allocation per- fishing year for which the permit is re- mit must be carried on board each ves- quired. Failure to renew an IFQ alloca- sel so authorized to possess IFQ golden tion permit in any fishing year will re- tilefish. sult in any IFQ quota share held by (5) Alteration. An annual IFQ alloca- that IFQ allocation permit holder to be tion permit that is altered, erased, or considered abandoned and relinquished. mutilated is invalid. (2) Issuance. Except as provided in (6) Replacement. The Regional Admin- subpart D of 15 CFR part 904, and pro- istrator may issue a replacement per- vided an application for such permit is mit upon written application of the an- submitted by September 15, as speci- nual IFQ allocation permit holder. fied in paragraph (b)(1)(ii) of this sec- (7) Transfer. The annual IFQ alloca- tion, NMFS shall issue annual IFQ al- tion permit is valid only for the person location permits on or before October to whom it is issued. All or part of the 31 to those who hold IFQ quota share as IFQ quota share or the annual IFQ al- of September 1 of the current fishing location specified in the IFQ allocation year. From September 1 through Octo- permit may be transferred in accord- ber 31, permanent transfer of IFQ quota ance with paragraph (e) of this section. share is not permitted, as described in (8) Abandonment or voluntary relin- paragraph (e)(4) of this section. quishment. Any IFQ allocation permit (3) Duration. An annual IFQ alloca- that is voluntarily relinquished to the tion permit is valid until October 31 of Regional Administrator, or deemed to each fishing year unless it is sus- have been voluntarily relinquished for pended, modified, or revoked pursuant failure to pay a recoverable cost fee, in to 15 CFR part 904; revised due to a accordance with the requirements spec- transfer of all or part of the IFQ quota ified in paragraph (h)(2) of this section, share or annual IFQ allocation under or for failure to renew in accordance paragraph (e) of this section; or sus- with paragraph (b)(1)(ii) of this section, pended for non-payment of the cost re- shall not be reissued or renewed in a covery fee as described in paragraph subsequent year. (h)(4) of this section. (c)–(d) [Reserved] (4) IFQ vessel. (i) All Federal vessel (e) Transferring IFQ allocations—(1) permit numbers listed on the IFQ allo- Temporary transfers. Unless otherwise cation permit are authorized to possess restricted by the provisions in para- golden tilefish pursuant to the IFQ al- graph (e)(3) of this section, the initial location permit. holder of an annual IFQ allocation may

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transfer the entire annual IFQ alloca- the leased allocations in the order the tion, or a portion of the annual IFQ al- leases were approved by the Regional location, to any person or entity eligi- Administrator. As described in para- ble to hold tilefish IFQ allocation graph (h) of this section, a tilefish IFQ under paragraph (a)(3) of this section. quota share allocation holder shall Annual IFQ allocation transfers shall incur a cost recovery fee, based on the be effective only for the fishing year in value of landings of golden tilefish au- which the transfer is requested and thorized under the allocation holder’s processed, unless the applicant specifi- annual tilefish IFQ allocation, includ- cally requests that the transfer be ing allocation that is leased to another processed for the subsequent fishing IFQ allocation permit holder. year. The Regional Administrator has (4) Application for an IFQ allocation final approval authority for all annual transfer. Any IFQ allocation permit IFQ allocation transfer requests. The holder applying for either permanent approval of a temporary transfer may transfer of IFQ quota share or tem- be rescinded if the Regional Adminis- porary transfer of annual IFQ alloca- trator finds that an emergency has ren- tion must submit a completed IFQ Al- dered the lessee unable to fish for the location Transfer Form, available from transferred annual IFQ allocation, but NMFS. The IFQ Allocation Transfer only if none of the transferred alloca- Form must be submitted to the NMFS tion has been landed. Greater Atlantic Regional Fisheries Of- (2) Permanent transfers. Unless other- fice at least 30 days before the date on wise restricted by the provisions in which the applicant desires to have the paragraph (e)(3) of this section, and IFQ allocation transfer effective. The subject to final approval by the Re- Regional Administrator shall notify gional Administrator, a holder of IFQ quota share may permanently transfer the applicants of any deficiency in the the entire IFQ quota share allocation, application pursuant to this section. or a portion of the IFQ quota share al- Applications for permanent IFQ quota location, to any person or entity eligi- share allocation transfers must be re- ble to hold tilefish IFQ allocation ceived by September 1 to be processed under paragraph (a)(3) of this section. and effective before annual IFQ alloca- (3) IFQ allocation transfer restrictions. tions are issued for the next fishing (i) If annual IFQ allocation is tempo- year. Applications for temporary IFQ rarily transferred to any eligible per- allocation transfers must be received son or entity, it may not be transferred by October 10 to be processed for the again within the same fishing year, un- current fishing year. less the transfer is rescinded due to an (i) Application information require- emergency, as described in paragraph ments. An application to transfer IFQ (e)(1) of this section. allocation must include the following (ii) A transfer of IFQ allocation or information: The type of transfer (ei- quota share will not be approved by the ther temporary or permanent); the sig- Regional Administrator if it would re- nature of both parties involved; the sult in an entity holding, or having an price paid for the transfer; a declara- interest in, a percentage of IFQ alloca- tion of the recipient’s eligibility to re- tion exceeding 49 percent of the total ceive IFQ allocation; the amount of al- golden tilefish adjusted TAL. location or quota share to be trans- (iii) For the purpose of calculating ferred; and a declaration, by IFQ allo- the appropriate IFQ cost recovery fee, cation permit number, of all the IFQ if the holder of an IFQ allocation leases allocations in which the person or enti- additional IFQ allocation, the quantity ty receiving the IFQ allocation has an and value of golden tilefish landings interest. The person or entity receiving made after the date the lease is ap- the IFQ allocation must indicate the proved by the Regional Administrator permit numbers of all federally per- are attributed to the transferred quota mitted vessels that will possess or land before being attributed to the alloca- the IFQ allocation. Information ob- tion holder’s base IFQ allocation, if tained from the IFQ Allocation Trans- any exists. In the event of multiple fer Form is confidential pursuant to 16 leases, landings would be attributed to U.S.C. 1881a.

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(ii) Approval of IFQ transfer applica- duced in the subsequent fishing year tion. Unless an application to transfer because the full allocation has already IFQ quota share and/or annual IFQ al- been landed or transferred, the IFQ al- location is denied according to para- location permit will indicate a reduced graph (e)(4)(iii) of this section, the Re- allocation for the amount of the over- gional Administrator shall issue con- age in the next fishing year. firmation of application approval in (g) IFQ allocation acquisition restric- the form of a new or updated IFQ allo- tion. No person or entity may acquire cation permit to the parties involved in more than 49 percent of the annual ad- the transfer within 30 days of receipt of justed golden tilefish TAL, specified a completed application. pursuant to § 648.294, at any point dur- (iii) Denial of IFQ transfer application. ing a fishing year. For purposes of this The Regional Administrator may re- paragraph, acquisition includes any ject an application to transfer IFQ permanent transfer of IFQ quota share quota share or annual IFQ allocation or temporary transfer of annual IFQ al- for the following reasons: The applica- location. The calculation of IFQ alloca- tion is incomplete; the transferor does tion for purposes of the restriction on not possess a valid tilefish IFQ alloca- acquisition includes IFQ allocation in- tion permit; the transferor’s or trans- terests held by: A company in which feree’s vessel or tilefish IFQ allocation the IFQ holder is a shareholder, officer, permit has been sanctioned pursuant to or partner; an immediate family mem- an enforcement proceeding under 15 ber; or a company in which the IFQ CFR part 904; the transfer would result holder is a part owner or partner. in the transferee having a tilefish IFQ (h) IFQ cost recovery. As required allocation or holding IFQ quota share under section 304(d)(2)(A)(i) of the Mag- that exceeds 49 percent of the adjusted nuson-Stevens Act, the Regional Ad- TAL allocated to IFQ allocation per- ministrator shall collect a fee to re- mit holders; the transfer is to a person cover the actual costs directly related or entity that is not eligible to hold to the management, data collection tilefish IFQ allocation under paragraph and analysis, and enforcement of the (a)(3) of this section; the transferor or tilefish IFQ program. transferee is delinquent in payment of (1) Payment responsibility. Each an IFQ cost recovery fee as described in tilefish IFQ allocation permit holder paragraph (h)(4) of this section; or any with quota share shall incur a cost re- other failure to meet the requirements covery fee annually, based on the value of this subpart. Upon denial of an ap- of landings of golden tilefish author- plication to transfer IFQ allocation, ized under his/her tilefish IFQ alloca- the Regional Administrator shall send tion, including allocation that he/she a letter to the applicant describing the leases to another IFQ allocation permit reason(s) for the denial. The decision holder. The tilefish IFQ allocation per- by the Regional Administrator is the mit holder is responsible for paying the final decision of the Department of fee assessed by NMFS. Commerce; there is no opportunity for (2) IFQ fee determination. The tilefish an administrative appeal. IFQ cost recovery billing period runs (f) IFQ allocation overages. If an IFQ annually from January 1 through De- allocation is exceeded, including by cember 31. amounts of golden tilefish landed by a (i) Determination of total recoverable lessee in excess of a temporary transfer costs. The Regional Administrator shall of IFQ allocation, the amount of the determine the actual costs directly as- overage will be deducted from the IFQ sociated with the management, data shareholder’s allocation in the subse- collection and analysis, and enforce- quent fishing year(s). If an IFQ alloca- ment of the tilefish IFQ program in- tion overage is not deducted from the curred by NMFS during the cost recov- appropriate allocation before the IFQ ery billing period. allocation permit is issued for the sub- (ii) Calculating fee percentage. The re- sequent fishing year, a revised IFQ al- coverable costs determined by the Re- location permit reflecting the deduc- gional Administrator will be divided by tion of the overage shall be issued by the total ex-vessel value of all golden NMFS. If the allocation cannot be re- tilefish IFQ landings during the cost

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recovery billing period to derive a fee in paragraph (h)(3)(i) of this section, percentage. Each IFQ allocation per- the Regional Administrator may: mit holder with quota share will be as- (i) At any time thereafter, notify the sessed a fee based on the fee percentage IFQ allocation permit holder in writing multiplied by the total ex-vessel value that his/her IFQ allocation permit is of all landings under his/her IFQ allo- suspended, thereby prohibiting land- cation permit, including landings of al- ings of tilefish above the incidental location that was leased to another limit, as specified at § 648.295(a). IFQ allocation permit holder. (ii) Disapprove any transfer of annual (A) The ex-vessel value for each tilefish allocation or quota share to or pound of golden tilefish landed by an from the IFQ allocation permit holder IFQ allocation permit holder shall be as described in paragraph (e)(4)(iii) of determined from Northeast Federal this section, until such time as the dealer reports submitted to NMFS, amount due is paid. which include the price per pound paid (iii) Deny renewal of the IFQ alloca- to the vessel at the time of dealer pur- tion permit if it had not yet been chase. issued for the current year, or deny re- (B) The cost recovery fee percentage newal of the IFQ allocation permit for shall not exceed three percent of the the following year. total value of golden tilefish landings, (iv) If the fee amount is not appealed, as required under section 304(d)(2)(B) of the Regional Administrator may issue the Magnuson-Stevens Act. a Final Administrative Determination (FAD) as described in paragraph (h)(5) (3) Fee payment procedure. NMFS will of this section, based upon available in- create an annual IFQ allocation bill for formation. each cost recovery billing period and (5) Appeal of IFQ fee amount. If a provide it to IFQ allocation permit tilefish IFQ allocation permit holder holders with quota share. The bill will disagrees with the fee amount deter- include information regarding the mined by NMFS, he/she may appeal the amount and value of IFQ allocation cost recovery bill. landed during the prior cost recovery (i) IFQ fee appeals must be submitted billing period, and the associated cost to NMFS in writing before the due date recovery fees. described in paragraph (h)(3)(i) of this (i) Payment due date. An IFQ alloca- section. tion permit holder who has incurred a (ii) The IFQ allocation permit holder cost recovery fee must pay the fee to shall have the burden of demonstrating NMFS within 45 days of the date of the that the fee amount calculated by bill. NMFS is incorrect and what the cor- (ii) Payment submission method. Cost rect amount is. recovery payments shall be made elec- (iii) If a request to appeal is sub- tronically via the Federal Web portal, mitted on time, the Regional Adminis- www.pay.gov, or other Internet sites trator shall notify the IFQ allocation designated by the Regional Adminis- permit holder in writing, acknowl- trator. Instructions for electronic pay- edging the appeal and providing 30 days ment shall be available on both the to submit any additional relevant doc- payment Web site and the cost recov- umentation supporting an alternative ery fee bill. Electronic payment op- fee amount. tions shall include payment via a cred- (iv) While the IFQ fee is under appeal it card, as specified in the cost recov- and the tilefish IFQ allocation permit ery bill, or via direct automated clear- is suspended, as described in paragraph ing house (ACH) withdrawal from a (h)(4) of this section, the IFQ alloca- designated checking account. Alter- tion permit holder may request a Let- natively, payment by check may be au- ter of Authorization to fish until the thorized by Regional Administrator if appeal is concluded. Any tilefish land- he/she determines that electronic pay- ed pursuant to the above authorization ment is not practicable. will count against the IFQ allocation (4) Payment compliance. If an IFQ allo- permit, if issued. cation permit holder does not submit (v) Final Administrative Determination full payment by the due date described (FAD). Based on a review of available

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information, including any documenta- but no less frequently than every 7 tion submitted by the IFQ allocation years. permit holder in support of the appro- [78 FR 49187, Aug. 13, 2013, as amended at 82 priateness of a different fee amount, FR 52859, Nov. 15, 2017; 83 FR 10807, Mar. 13, the Regional Administrator shall de- 2018] termine whether there is a reasonable basis upon which to conclude that an § 648.295 Tilefish commercial trip lim- alternate fee amount is correct. This its and landing condition. determination shall be set forth in a (a) Golden tilefish—(1) IFQ landings. FAD that is signed by the Regional Ad- Any golden tilefish landed by a vessel ministrator. A FAD shall be the final fishing under an IFQ allocation permit decision of the Department of Com- as specified at § 648.294(a), on a given merce. fishing trip, count as landings under (A) The IFQ allocation permit holder the IFQ allocation permit. shall have 30 days from the date of the (2) Incidental trip limit for vessels not FAD to comply with the terms of the fishing under an IFQ allocation. Any FAD. vessel of the United States fishing (B) If the IFQ allocation permit hold- under a tilefish vessel permit, as de- er does not comply with the terms of scribed at § 648.4(a)(12), unless the ves- the FAD within this period, the Re- sel is fishing under a tilefish IFQ allo- gional Administrator shall: cation permit, is prohibited from pos- (1) Refer the matter to the appro- sessing more than: priate authorities within the U.S. De- (i) 500 lb (226.8 kg) of golden tilefish partment of the Treasury for purposes at any time, or of collection; and (ii) 50 percent, by weight, of the total (2) Cancel any Letter of Authoriza- of all species being landed; whichever tion to fish that had been issued during is less. the appeal. (3) In-season closure of the incidental (vi) If NMFS does not receive full fishery. The Regional Administrator payment of an IFQ cost recovery fee will monitor the harvest of the golden prior to the end of the cost recovery tilefish incidental TAL based on dealer billing period immediately following reports and other available informa- the one for which the fee was incurred, tion, and shall determine the date the subject IFQ allocation permit and when the incidental golden tilefish any associated IFQ quota share shall TAL has been landed. The Regional Ad- be deemed to have been voluntarily re- ministrator shall publish a notice in linquished pursuant to paragraph (b)(8) the FEDERAL REGISTER notifying vessel of this section. and dealer permit holders that, effec- (6) Annual cost recovery report. NMFS tive upon a specific date, the incidental will publish annually a report on the golden tilefish fishery is closed for the status of the tilefish IFQ cost recovery remainder of the fishing year. program. The report will provide de- (b) Blueline tilefish—(1) Commercial tails of the costs incurred by NMFS for possession limit. Any vessel of the the management, enforcement, and United States fishing under a tilefish data collection and analysis associated permit, as described at § 648.4(a)(12), is with the tilefish IFQ program during prohibited from possessing more than the prior cost recovery billing period, 500 lb (227 kg) of gutted blueline tilefish and other relevant information at the per trip in or from the Tilefish Manage- discretion of the Regional Adminis- ment Unit. trator. (2) In-season adjustment of possession (i) Periodic review of the IFQ program. limit. The Regional Administrator will A formal review of the IFQ program monitor the harvest of the blueline must be conducted by the MAFMC tilefish commercial TAL based on deal- within 5 years of the effective date of er reports and other available informa- the final regulations. Thereafter, it tion. shall be incorporated into every sched- (i) When 70 percent of the blueline uled MAFMC review of the FMP (i.e., tilefish commercial TAL will be land- future amendments or frameworks), ed, the Regional Administrator may

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publish a notice in the FEDERAL REG- (1) Private recreational vessels. Anglers ISTER notifying vessel and dealer per- fishing onboard a vessel issued a Fed- mit holders that, effective upon a spe- eral private recreational tilefish per- cific date, the blueline tilefish com- mit pursuant to § 648.4(a)(12)(iv), may mercial possession limit is reduced to land up to three blueline tilefish per 300 lb (136 kg) of gutted blueline tilefish person per trip. per trip in or from the Tilefish Manage- (2) Uninspected for-hire vessels. An- ment Unit. glers fishing onboard a for-hire vessel (ii) When 100 percent of the blueline under a tilefish charter/party vessel tilefish commercial TAL will be land- permit issued pursuant to § 648.4(a)(12), ed, the Regional Administrator will which has not been issued a valid U.S. publish a notice in the FEDERAL REG- Coast Guard Certificate of Inspection ISTER notifying vessel and dealer per- may land up to five blueline tilefish mit holders that, effective upon a spe- per person per trip. cific date, the blueline tilefish com- (3) Inspected for-hire vessels. Anglers mercial fishery is closed for the re- fishing onboard a for-hire vessel under mainder of the fishing year. No vessel a tilefish charter/party vessel permit may retain or land blueline tilefish in issued pursuant to § 648.4(a)(12), which or from the Tilefish Management Unit has been issued a valid U.S. Coast after the announced closure date. Guard Certificate of Inspection may (c) Landing condition. Commercial land up to seven blueline tilefish per golden or blueline tilefish must be person per trip. landed with head and fins naturally at- (c) Enforcement. Tilefish harvested by tached, but may be gutted. vessels subject to the possession limits [82 FR 52860, Nov. 15, 2017, as amended at 83 with more than one person on board FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, may be pooled in one or more con- 2019] tainers. Compliance with the golden tilefish possession limit will be deter- § 648.296 Tilefish recreational posses- sion limits and gear restrictions. mined by dividing the number of gold- en tilefish on board by the number of (a) Golden tilefish. (1) The rec- persons on board. Compliance with the reational tilefish possession limit for blueline tilefish possession limit will charter/party and private recreational be determined by dividing the number anglers is eight golden tilefish per an- of blueline tilefish on board by the gler per trip. Any vessel engaged in number of persons on board. The cap- recreational fishing for golden tilefish tain and crew of a party or charter may not retain golden tilefish, unless boat are not counted in determining issued a valid Federal charter/party the possession limit. If there is a viola- permit, pursuant to § 648.4(a)(12)(ii), or tion of the possession limit on board a a valid Federal private recreational vessel carrying more than one person, tilefish permit issued pursuant to the violation shall be deemed to have § 648.4(a)(12)(iv). been committed by the owner and oper- (2) Any vessel engaged in rec- ator of the vessel. reational fishing may not retain golden tilefish, unless exclusively using rod [82 FR 52861, Nov. 15, 2017, as amended at 83 and reel fishing gear, with a maximum FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, limit of five hooks per rod. Anglers 2019; 85 FR 43152, July 15, 2020] may use either a manual or an electric reel. § 648.297 Tilefish gear restricted areas. (b) Blueline tilefish. The recreational No vessel of the United States may blueline tilefish fishery is open May 1 fish with bottom-tending mobile gear through October 31, and closed Novem- within the areas bounded by the fol- ber 1 through April 30. lowing coordinates:

N. lat. W. long. Canyon Degrees Min Seconds Degrees Min Seconds

Oceanographer ...... 40.0 29.0 50.0 68.0 10.0 30.0 40.0 29.0 30.0 68.0 8.0 34.8 40.0 25.0 51.6 68.0 6.0 36.0

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N. lat. W. long. Canyon Degrees Min Seconds Degrees Min Seconds

40.0 22.0 22.8 68.0 6.0 50.4 40.0 19.0 40.8 68.0 4.0 48.0 40.0 19.0 5.0 68.0 2.0 19.0 40.0 16.0 41.0 68.0 1.0 16.0 40.0 14.0 28.0 68.0 11.0 28.0 Lydonia ...... 40.0 31.0 55.2 67.0 43.0 1.2 40.0 28.0 52.0 67.0 38.0 43.0 40.0 21.0 39.6 67.0 37.0 4.8 40.0 21.0 4.0 67.0 43.0 1.0 40.0 26.0 32.0 67.0 40.0 57.0 40.0 28.0 31.0 67.0 43.0 0.0 Veatch ...... 40.0 0.0 40.0 69.0 37.0 8.0 40.0 0.0 41.0 69.0 35.0 25.0 39.0 54.0 43.0 69.0 33.0 54.0 39.0 54.0 43.0 69.0 40.0 52.0 Norfolk ...... 37.0 5.0 50.0 74.0 45.0 34.0 37.0 6.0 58.0 74.0 40.0 48.0 37.0 4.0 31.0 74.0 37.0 46.0 37.0 4.0 1.0 74.0 33.0 50.0 36.0 58.0 37.0 74.0 36.0 58.0 37.0 4.0 26.0 74.0 41.0 2.0

[76 FR 60647, Sept. 29, 2011] (xv) Fishing gear management meas- ures that impact EFH; § 648.299 Tilefish framework specifica- (xvi) Habitat areas of particular con- tions. cern; (a) Within-season management action. (xvii) Set-aside quotas for scientific The MAFMC may, at any time, initiate research; action to add or adjust management (xviii) Changes, as appropriate, to the measures if it finds that action is nec- SBRM, including the CV-based per- essary to meet or be consistent with formance standard, the means by the goals and objectives of the Tilefish which discard data are collected/ob- FMP. tained, fishery stratification, the proc- (1) Specific management measures. The ess for prioritizing observer sea-day al- following specific management meas- locations, reports, and/or industry- ures may be adjusted at any time through the framework adjustment funded observers or observer set aside process: programs; (i) Minimum fish size; (xix) Recreational management (ii) Minimum hook size; measures, including the bag limit, min- (iii) Closed seasons; imum fish size limit, seasons, and gear restrictions or prohibitions; (iv) Closed areas; (xx) Golden tilefish IFQ program re- (v) Gear restrictions or prohibitions; view components, including capacity (vi) Permitting restrictions; reduction, safety at sea issues, trans- (vii) Gear limits; ferability rules, ownership concentra- (viii) Trip limits; tion caps, permit and reporting re- (ix) Adjustments within existing ABC quirements, and fee and cost-recovery control rule levels; issues; (x) Adjustments to the existing (xxi) Blueline tilefish recreational MAFMC risk policy; permitting and reporting requirements (xi) Introduction of new AMs, includ- previously considered by the MAFMC; ing sub ACTs; and (xii) Annual specification quota set- ting process; (xxii) Blueline tilefish allocations to the commercial and recreational sec- (xiii) Tilefish FMP Monitoring Com- mittee composition and process; tors of the fishery within the range of allocation alternatives considered by (xiv) Description and identification of EFH; the MAFMC in Amendment 6.

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(xxiii) Measures that require signifi- cludes adjustments or additions to cant departures from previously con- management measures and, after re- templated measures or that are other- viewing the MAFMC’s recommendation wise introducing new concepts may re- and supporting information: quire a formal amendment of the FMP (i) If the Regional Administrator con- instead of a framework adjustment. curs with the MAFMC’s recommended (2) Adjustment process. If the MAFMC management measures and determines determines that an adjustment to man- that the recommended management agement measures is necessary to meet measures should be issued as a final the goals and objectives of the FMP, it rule based on the factors specified in will recommend, develop, and analyze paragraphs (a)(2) and (a)(3) of this sec- appropriate management actions over tion, the measures will be issued as a the span of at least two MAFMC meet- final rule in the FEDERAL REGISTER. ings. The MAFMC will provide the pub- (ii) If the Regional Administrator lic with advance notice of the avail- concurs with the MAFMC’s rec- ability of the recommendation, appro- ommendation and determines that the priate justifications and economic and recommended management measures biological analyses, and opportunity to should be published first as a proposed comment on the proposed adjustments rule, the measures will be published as prior to and at the second MAFMC a proposed rule in the FEDERAL REG- meeting on that framework action. ISTER. After additional public com- (3) MAFMC recommendation. After de- ment, if the Regional Administrator veloping management actions and re- concurs with the MAFMC’s rec- ceiving public testimony, the MAFMC ommendation, the measures will be will make a recommendation to the issued as a final rule in the FEDERAL Regional Administrator. The MAFMC’s REGISTER. recommendation must include sup- (iii) If the Regional Administrator porting rationale and, if management does not concur with the MAFMC’s rec- measures are recommended, an anal- ommendation, the MAFMC will be no- ysis of impacts and a recommendation tified in writing of the reasons for the to the Regional Administrator on non-concurrence. whether to issue the management (b) Emergency action. Nothing in this measures as a final rule. If the MAFMC section is meant to derogate from the recommends that the management authority of the Secretary to take measures should be issued as a final emergency action under section 305(e) rule, it must consider at least the fol- of the Magnuson-Stevens Act. lowing factors and provide support and analysis for each factor considered: [76 FR 60648, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37199, June 30, (i) Whether the availability of data 2015; 82 FR 52861, Nov. 15, 2017] on which the recommended manage- ment measures are based allows for adequate time to publish a proposed Subpart O—Management Meas- rule, and whether regulations have to ures for the NE Skate Com- be in place for an entire harvest/fishing plex Fisheries season; (ii) Whether there has been adequate SOURCE: 68 FR 49701, Aug. 19, 2003, unless notice and opportunity for participa- otherwise noted. tion by the public and members of the affected industry in the development of the MAFMC’s recommended manage- § 648.320 Skate FMP review and moni- ment measures; toring. (iii) Whether there is an immediate (a) Annual review and specifications need to protect the resource; and process. The Council, its Skate Plan De- (iv) Whether there will be a con- velopment Team (PDT), and its Skate tinuing evaluation of management Advisory Panel shall monitor the sta- measures adopted following their im- tus of the fishery and the skate re- plementation as a final rule. sources. (4) Regional Administrator action. If (1) The Skate PDT shall meet at the MAFMC’s recommendation in- least annually to review the status of

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the species in the skate complex. At a catch limit (ACL) for the skate com- minimum, this review shall include an- plex set less than or equal to ABC; an nual updates to survey indices, fishery annual catch target (ACT) for the landings and discards; a re-evaluation skate complex set less than or equal to of stock status based on the updated 90 percent of the ACL; and total allow- survey indices and the FMP’s over- able landings (TAL) necessary to meet fishing definitions; and a determina- the objectives of the FMP in each fish- tion of whether any of the account- ing year (May 1–April 30), specified for ability measures specified under a period of up to 2 fishing years. § 648.323 were triggered. The review (5) Recommended measures. The Skate shall also include an analysis of PDT shall also recommend manage- changes to other FMPs (e.g., Northeast ment measures to the Skate Com- Multispecies, Monkfish, Atlantic Scal- lops, etc.) that may impact skate mittee and Council to assure that the stocks, and describe the anticipated specifications are not exceeded. Rec- impacts of those changes on the skate ommended measures should include, fishery. but are not limited to: (2) If new and/or additional informa- (i) Possession limits in each fishery; tion becomes available, the Skate PDT (ii) In-season possession limit trig- shall consider it during this annual re- gers for the wing and/or bait fisheries; view. Based on this review, the Skate (iii) Required adjustments to in-sea- PDT shall provide guidance to the son possession limit trigger percent- Skate Committee and the Council re- ages or the ACL–ACT buffer, based on garding the need to adjust measures in the accountability measures specified the Skate FMP to better achieve the at § 648.323; and FMP’s objectives. After considering (iv) Changes, as appropriate, to the guidance, the Council may submit to SBRM, including the CV-based per- NMFS its recommendations for formance standard, the means by changes to management measures, as which discard data are collected/ob- appropriate, through the specifications tained, fishery stratification, the proc- process described in this section, the ess for prioritizing observer sea-day al- framework process specified in § 648.321, locations, reports, and/or industry- or through an amendment to the FMP. (3) For overfished skate species, the funded observers or observer set aside Skate PDT and the Council shall mon- programs. itor the trawl survey index as a proxy (6) Taking into account the annual for stock biomass. As long as the 3- review and/or SAFE Report described year average of the appropriate weight in paragraph (b) of this section, the ad- per tow increases above the average for vice of the Scientific and Statistical the previous 3 years, it is assumed that Committee, and any other relevant in- the stock is rebuilding to target levels. formation, the Skate PDT may also If the 3-year average of the appropriate recommend to the Skate Committee survey mean weight per tow declines and Council changes to stock status de- below the average for the previous 3 termination criteria and associated years, then the Council shall take man- thresholds based on the best scientific agement action to ensure that stock information available, including infor- rebuilding will achieve target levels. mation from peer-reviewed stock as- (4) Based on the annual review de- sessments of the skate complex and its scribed above and/or the Stock Assess- component species. These adjustments ment and Fishery Evaluation (SAFE) may be included in the Council’s speci- Report described in paragraph (b) of fications for the skate fisheries. this section, recommendations for ac- (7) Council recommendation. The Coun- ceptable biological catch (ABC) from cil shall review the recommendations the Scientific and Statistical Com- mittee, and any other relevant infor- of the Skate PDT, Skate Committee, mation, the Skate PDT shall rec- and Scientific and Statistical Com- ommend to the Skate Committee and mittee, any public comment received Council the following annual specifica- thereon, and any other relevant infor- tions for harvest of skates: An annual mation, and make a recommendation

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to the Regional Administrator on ap- § 648.321 Framework adjustment proc- propriate specifications and any meas- ess. ures necessary to assure that the speci- (a) Adjustment process. To implement fications will not be exceeded. The a framework adjustment for the Skate Council’s recommendation must in- FMP, the Council shall develop and clude supporting documentation, as ap- analyze proposed actions over the span propriate, concerning the environ- of at least two Council meetings (the mental, economic, and social impacts initial meeting agenda must include of the recommendations. The Regional notification of the impending proposal Administrator shall consider the rec- for a framework adjustment) and pro- ommendations and publish a rule in vide advance public notice of the avail- the FEDERAL REGISTER proposing speci- ability of both the proposals and the fications and associated measures, con- analyses. Opportunity to provide writ- sistent with the Administrative Proce- ten and oral comments shall be pro- dure Act. The Regional Administrator vided throughout the process before may propose specifications different the Council submits its recommenda- than those recommended by the Coun- tions to the Regional Administrator. cil. If the specifications published in (1) Council review and analyses. In re- the FEDERAL REGISTER differ from sponse to the annual review, or at any those recommended by the Council, the other time, the Council may initiate reasons for any differences must be action to add or adjust management clearly stated and the revised speci- measures if it finds that action is nec- fications must satisfy the criteria set essary to meet or be consistent with forth in this section, the FMP, and the goals and objectives of the Skate other applicable laws. If the final speci- FMP. After a framework action has fications are not published in the FED- been initiated, the Council shall de- ERAL REGISTER for the start of the fish- velop and analyze appropriate manage- ing year, the previous year’s specifica- ment actions within the scope of meas- tions shall remain in effect until super- ures specified in paragraph (b) of this seded by the final rule implementing section. The Council shall publish no- the current year’s specifications, to en- tice of its intent to take action and sure that there is no lapse in regula- provide the public with any relevant tions while new specifications are com- analyses and opportunity to comment pleted. on any possible actions. Documenta- (b) Biennial SAFE Report—(1) The tion and analyses for the framework Skate PDT shall prepare a biennial adjustment shall be available at least 1 Stock Assessment and Fishery Evalua- week before the final meeting. tion (SAFE) Report for the NE skate (2) Council recommendation. After de- complex. The SAFE Report shall be the veloping management actions and re- primary vehicle for the presentation of ceiving public testimony, the Council all updated biological and socio-eco- may make a recommendation to the nomic information regarding the NE Regional Administrator. The Council’s skate complex and its associated fish- recommendation shall include sup- eries. The SAFE Report shall provide porting rationale, an analysis of im- source data for any adjustments to the pacts required under paragraph (a)(1) of management measures that may be this section, and a recommendation to needed to continue to meet the goals the Regional Administrator on whether and objectives of the FMP. to issue the management measures as a (2) In any year in which a SAFE Re- final rule. If the Council recommends port is not completed by the Skate that the framework measures should be PDT, the annual review process de- issued directly as a final rule, without scribed in paragraph (a) of this section opportunity for public notice and com- shall be used to recommend any nec- ment, the Council shall consider at essary adjustments to specifications least the following factors and provide and/or management measures in the support and analysis for each factor FMP. considered: [75 FR 34058, June 16, 2010, as amended at 80 (i) Whether the availability of data FR 37199, June 30, 2015; 84 FR 4375, Feb. 15, on which the recommended manage- 2019] ment measures are based allows for

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adequate time to publish a proposed through a framework adjustment, in- rule, and whether regulations have to clude: be in place for an entire harvest/fishing (1) Skate permitting and reporting; season; (2) Skate overfishing definitions and (ii) Whether there has been adequate related targets and thresholds; notice and opportunity for participa- (3) Prohibitions on possession and/or tion by the public and members of the landing of individual skate species; affected industry in the development of (4) Skate possession limits; the Council’s recommended manage- (5) Skate closed areas (and consider- ment measures; ation of exempted gears and fisheries); (iii) Whether there is an immediate (6) Seasonal skate fishery restric- need to protect the resource or to im- tions and specifications; pose management measures to resolve (7) Target TACs for individual skate gear conflicts; and species; (iv) Whether there will be a con- (8) Hard TACs/quotas for skates, in- tinuing evaluation of management cluding species-specific quotas, fishery measures adopted following their im- quotas, and/or quotas for non-directed plementation as a final rule. fisheries; (3) The Regional Administrator may (9) Establishment of a mechanism for publish the recommended framework TAC set-asides to conduct scientific re- measures in the FEDERAL REGISTER. If search, or for other reasons; the Council’s recommendation is first (10) Onboard observer requirements; published as a proposed rule and the (11) Gear modifications, require- Regional Administrator concurs with ments, restrictions, and/or prohibi- the Council’s recommendation after re- tions; ceiving additional public comment, the (12) Minimum and/or maximum sizes measures shall then be published as a for skates; final rule in the FEDERAL REGISTER. (13) Adjustments to exemption area (4) If the Regional Administrator ap- requirements, area coordinates, and/or proves the Council’s recommendations, management lines established by the the Secretary may, for good cause FMP; found under the standard of the Admin- (14) Measures to address protected istrative Procedure Act, waive the re- species issues, if necessary; quirement for a proposed rule and op- (15) Description and identification of portunity for public comment in the EFH; FEDERAL REGISTER. The Secretary, in (16) Description and identification of so doing, shall publish only the final habitat areas of particular concern; rule. Submission of recommendations (17) Measures to protect EFH; does not preclude the Secretary from (18) OY and/or MSY specifications; deciding to provide additional oppor- (19) Changes to the accountability tunity for prior notice and comment in measures described at § 648.323; the FEDERAL REGISTER. (20) Changes to TAL allocation pro- (5) The Regional Administrator may portions to the skate wing and bait approve, disapprove, or partially ap- fisheries; prove the Council’s recommendation. If (21) Changes to seasonal quotas in the Regional Administrator does not the skate bait or wing fisheries; approve the Council’s specific rec- (22) Reduction of the baseline 25-per- ommendation, the Regional Adminis- cent ACL–ACT buffer to less than 25 trator must notify the Council in writ- percent; ing of the reasons for the action prior (23) Changes to catch monitoring pro- to the first Council meeting following cedures; and publication of such decision. (24) Changes, as appropriate, to the (b) Possible framework adjustment SBRM, including the CV-based per- measures. Measures that may be formance standard, the means by changed or implemented through which discard data are collected/ob- framework action, provided that any tained, fishery stratification, the proc- corresponding management adjust- ess for prioritizing observer sea-day al- ments can also be implemented locations, reports, and/or industry-

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funded observers or observer set aside lop, NE multispecies, or monkfish DAS programs. as specified at §§ 648.53, 648.82, and (c) Emergency action. Nothing in this 648.92, respectively, unless otherwise section is meant to derogate from the exempted under § 648.80 or paragraph (c) authority of the Secretary to take of this section, may fish for, possess, emergency action under section 305(c) and/or land up to the allowable trip of the Magnuson-Stevens Act. limits specified as follows: Up to 3,000 [75 FR 34059, June 16, 2010, as amended at 80 lb (1,361 kg) of skate wings (6,810 lb FR 37199, June 30, 2015] (3,089 kg) whole weight) per trip in Sea- son 1 (May 1 through August 31), and § 648.322 Skate allocation, possession, 5,000 lb (2,268 kg) of skate wings (11,350 and landing provisions. lb (5,148 kg) whole weight) per trip in (a) Allocation of TAL. (1) A total of Season 2 (September 1 through April 66.5 percent of the annual skate com- 30), or any prorated combination of the plex TAL shall be allocated to the allowable landing forms defined at skate wing fishery. All skate products paragraph (b)(5) of this section. that are landed in wing form, for the (ii) When fishing under the possession skate wing market, or classified by limits specified in paragraph (b)(1)(i) of Federal dealers as food as required this section, a vessel is allowed to pos- under § 648.7(a)(1)(i), shall count against sess and land up to 750 lb (340 kg) of the skate wing fishery TAL. The an- barndoor skate wings (1,702 lb (772 kg) nual skate wing fishery TAL shall be whole weight) per trip in Season 1, and allocated in two seasonal quota periods 1,250 lb (567 kg) of barndoor skate wings as follows: (2,837 lb (1,287 kg) whole weight) per (i) Season 1—May 1 through August trip in Season 2. The possession limits 31, 57 percent of the annual skate wing for barndoor skate wings are included fishery TAL shall be allocated; within the overall possession limit (i.e., (ii) Season 2—September 1 through total pounds of skate wings on board, April 30, the remainder of the annual including barndoor skate wings, are skate wing fishery TAL not landed in not allowed to exceed 3,000 lb (1,361 kg) Season 1 shall be allocated. in Season 1 and 5,000 lb (2,268 kg) in (2) A total of 33.5 percent of the an- Season 2). Vessels are prohibited from nual TAL shall be allocated to the discarding any skate wings when in skate bait fishery. All skate products possession of barndoor skate wings. that are landed for the skate bait mar- Barndoor skate wings and carcasses on ket, or classified by Federal dealers as board a vessel subject to this posses- bait as required under § 648.7(a)(1)(i), sion limit must be separated from shall count against the skate bait fish- other species of fish and stored so as to ery TAL. The annual skate bait fishery be readily available for inspection. TAL shall be allocated in three sea- (2) NE multispecies Category B DAS. A sonal quota periods as follows: vessel fishing on a declared NE multi- (i) Season 1–May 1 through July 31, species Category B DAS described 30.8 percent of the annual skate bait under § 648.85(b), is limited to no more fishery TAL shall be allocated; than 220 lb (100 kg) of skate wings (500 (ii) Season 2–August 1 through Octo- lb (227 kg) whole weight) per trip, or ber 31, 37.1 percent of the annual skate any prorated combination of the allow- bait fishery TAL shall be allocated; able landing forms defined at para- and graph (b)(5) of this section. These ves- (iii) Season 3–November 1 through sels may not possess or land barndoor April 30, the remainder of the annual skate, or any other prohibited skate skate bait fishery TAL not landed in species (see § 648.14(v)(2) and paragraph Seasons 1 or 2 shall be allocated. (g) of this section). (b) Skate wing possession and landing (3) In-season adjustment of skate wing limits—(1) Vessels fishing under an Atlan- possession limits. The Regional Adminis- tic sea scallop, NE multispecies, or trator has the authority, through a no- monkfish DAS. (i) A vessel or operator tice in the FEDERAL REGISTER con- of a vessel that has been issued a valid sistent with the Administrative Proce- Federal skate permit under this part, dure Act, to reduce the skate wing pos- and fishes under an Atlantic sea scal- session limit to 500 lb (227 kg) of skate

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wings (1,135 lb (515 kg) whole weight) or ified at § 648.53, § 648.82, or § 648.92, may any prorated combination of the allow- retain up to 500 lb (227 kg) of skate able landing forms defined at para- wings or 1,135 lb (515 kg) of whole graph (b)(5) of this section) for the re- skate, or any prorated combination of mainder of the applicable quota season. the allowable landing forms defined at When the incidental possession limit is paragraph (b)(5) of this section. These implemented, a vessel is allowed to vessels may not possess or land possess and land up to 125 lb (57 kg) of barndoor skate, or any other prohib- barndoor skate wings (284 lb (129 kg) ited skate species (see § 648.14(v)(2) and whole weight) per trip. The possession paragraph (g) of this section). limits for barndoor skate wings are in- (5) Allowable forms of skate landings. cluded within the overall possession Except for vessels fishing under a skate limit (i.e., total pounds of skate wings bait letter of authorization as specified on board, including barndoor skate at paragraph (c) of this section, a ves- wings, are not allowed to exceed 500 lb). sel may possess and/or land skates as Vessels are prohibited from discarding any skate wings when in possession of wings only (wings removed from the barndoor skate wings. Barndoor skate body of the skate and the remaining wings and carcasses on board a vessel carcass discarded), wings with associ- subject to this possession limit must be ated carcasses possessed separately separated from other species of fish and (wings removed from the body of the stored so as to be readily available for skate but the associated carcass re- inspection. The in-season adjustment tained on board the vessel), or in whole of skate wing possession limits will be (intact) form, or any combination of implemented under the following cir- the three, provided that the weight of cumstances: the skate carcasses on board the vessel (i) When 85 percent of the Season 1 does not exceed 1.27 times the weight of skate wing quota is projected to be skate wings on board. When any com- landed between May 1 and August 17, bination of skate wings, carcasses, and the Regional Administrator shall re- whole skates are possessed and/or land- duce the skate wing possession limit to ed, the applicable possession or landing the incidental level described in para- limit shall be based on the whole graph (b)(3) of this section. weight limit, in which any wings are (ii) When 85 percent of the Season 1 converted to whole weight using the skate wing quota is projected to be wing to whole weight conversion factor landed between August 18 and August of 2.27. For example, if the vessel pos- 31, the Regional Administrator may re- sesses 100 lb (45.4 kg) of skate wings, duce the skate wing possession limit to the whole weight equivalent would be the incidental level described in para- 227 lb (103.0 kg) of whole skates (100 lb graph (b)(3) of this section. (45.4 kg) × 2.27), and the vessel could (iii) When 85 percent of the annual possess up to 127 lb (57.6 kg) of skate skate wing fishery TAL is projected to carcasses (100 lb (45.4 kg) of skate be landed in Season 2, the Regional Ad- wings × 1.27). A vessel may not possess ministrator may reduce the skate wing and/or land skate carcasses and only possession limit to the incidental level whole skates. described in paragraph (b)(3) of this section, unless such a reduction would (c) Bait Letter of Authorization (LOA). be expected to prevent attainment of A skate vessel owner or operator under the annual TAL. this part may request and receive from (4) Incidental possession limit for vessels the Regional Administrator an exemp- not under a DAS. A vessel issued a Fed- tion from the skate wing possession eral skate permit that is not fishing limit restrictions for a minimum of 7 under an Atlantic sea scallop, NE consecutive days, provided that when multispecies, or monkfish DAS as spec- the vessel is fishing pursuant to the ified at §§ 648.53, 648.82, and 648.92, re- terms of authorization at least the fol- spectively, or is a limited access multi- lowing requirements and conditions are species vessel participating in an ap- met: proved sector described under § 648.87 (1) The vessel owner or operator ob- but not fishing on one of the DAS spec- tains and retains onboard the vessel a

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valid LOA. LOAs are available upon re- tributed towards the skate-wing TAL quest from the Regional Adminis- as described in this section. trator. (f) Removal of in-season possession limit (2) The vessel owner or operator reductions. If it is determined that an fishes for, possesses, or lands skates in-season trip limit reduction as de- only for use as bait. scribed in paragraphs (d) and (e) of this (3) The vessel owner or operator pos- section could prohibit the skate bait sesses or lands no more than 25,000 lb fishery from achieving its annual TAL, (11,340 kg) of whole skates per trip. the in-season possession limit reduc- (4) The vessel owner or operator pos- tion may be removed. sesses or lands only whole skates less (g) Prohibitions on possession of skates. than 23 inches (58.42 cm) total length, A vessel fishing in the EEZ portion of and does not possess or land any skate the Skate Management Unit may not: wings. (5) Vessels that choose to possess or (1) Retain, possess, or land thorny land skate wings during the participa- skates taken in or from the EEZ por- tion period of this letter of authoriza- tion of the Skate Management Unit. tion must comply with possession limit (2) Retain, possess, or land barndoor restrictions under paragraph (b) of this skates taken in or from the EEZ por- section for all skates or skate parts on tion of the skate management unit board. Vessels possessing skate wings when fishing under a bait letter of au- in compliance with the possession thorization as described in paragraph limit restrictions under paragraph (b) (c) of this section; when fishing under a of this section may fish for, possess, or NE multispecies Category B DAS as de- land skates for uses other than bait. scribed under paragraph (b) of this sec- (6) The vessel owner or operator com- tion; when fishing under the incidental plies with the transfer at sea require- skate possession limit for vessels not ments at § 648.13(h). under a DAS as described in paragraph (d) In-season adjustment of skate bait (b)(4) of this section; or when fishing in possession limits. When the Regional Ad- a NE multispecies DAS exemption pro- ministrator projects that 90 percent of gram that allows the possession of the skate bait fishery seasonal quota skate or skate parts in an amount not has been landed in Seasons 1 or 2, or 80 to exceed 10 percent by weight of all percent of the annual skate bait fish- other species on board, as specified in ery TAL has been landed, the Regional § 648.80(b)(3)(ii), without a NE multispe- Administrator shall, through a notice cies or monkfish DAS. in the FEDERAL REGISTER consistent (3) Discard any skate wings when in with the Administrative Procedure possession of barndoor skate wings. Act, reduce the skate bait trip limit to (4) Retain, possess, or land smooth 8,000 lb (3,629 kg) of whole skates for skates taken in or from the GOM RMA the remainder of the quota period, un- described at § 648.80(a)(1)(i). less such a reduction would be expected to prevent attainment of the seasonal [75 FR 34060, June 16, 2010, as amended at 76 quota or annual TAL. FR 28331, May 17, 2011; 77 FR 25100, Apr. 27, (e) In-season closure of skate bait fish- 2012; 81 FR 54747, Aug. 17, 2016; 83 FR 6135, ery. When the Regional Administrator Feb. 13, 2018; 83 FR 48988, Sept. 28, 2018; 85 FR 23242, Apr. 27, 2020] projects that 100 percent of the skate bait fishery TAL will be landed, the § 648.323 Accountability measures. Regional Administrator shall, through a notice in the FEDERAL REGISTER con- (a) TAL overages. If the skate wing sistent with the Administrative Proce- fishery TAL or skate bait fishery TAL dure Act, close the skate bait fishery, is determined to have been exceeded by unless such a closure would be expected more than 5 percent in any given year to prevent attainment of the annual based upon, but not limited to, avail- TAL. During a skate bait fishery clo- able landings information, the Re- sure all skate bait LOAs as described in gional Administrator shall reduce the paragraph (c) of this section are void. in-season possession limit trigger for All skates harvested and landed during that fishery, as specified at § 648.322(b) a skate bait fishery closure will be at- and (d), in the next fishing year by 1

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percent for each 1 percent of TAL over- state waters is exempt from the posses- age, consistent with the Administra- sion limits specified in this section. tive Procedure Act. (b) Mid-Atlantic Forage Species Man- (b) ACL overages. (1) If the ACL is de- agement Unit. The Mid-Atlantic Forage termined to have been exceeded in any Species Management Unit is the area given year, based upon, but not limited of the Atlantic Ocean that is bounded to, available landings and discard in- on the southeast by the outer limit of formation, the percent buffer between the U.S. EEZ; bounded on the south by ACL and ACT shall be increased by 1 35°15.3′ N lat. (the approximate latitude percent for each 1-percent ACL overage of Cape Hatteras, NC); bounded on the in the second fishing year following the west and north by the coastline of the fishing year in which the ACL overage United States; and bounded on the occurred, through either the specifica- northeast by the following points, con- tions or framework adjustment process nected in the order listed by straight described under §§ 648.320 and 648.321. lines: (2) If the Council fails to initiate ac- tion to correct an ACL overage Point Latitude Longitude through the specifications or frame- 1 ...... 40°59.32′ N 73°39.62′ W work adjustment process, consistent 2 ...... 40°59.02′ N 73°39.41′ W with paragraph (b)(1) of this section, 3 ...... 40°57.05′ N 73°36.78′ W the Regional Administrator shall im- 4 ...... 40°57.87′ N 73°32.85′ W 5 ...... 40°59.78′ N 73°23.70′ W plement the required adjustment, as 6 ...... 41°1.57′ N 73°15.00′ W described under paragraph (b)(1) of this 7 ...... 41°3.40′ N 73°6.10′ W section, consistent with the Adminis- 8 ...... 41°4.65′ N 73°0.00′ W trative Procedure Act. 9 ...... 41°6.67′ N 72°50.00′ W 10 ...... 41°8.69′ N 72°40.00′ W [75 FR 34061, June 16, 2010, as amended at 84 11 ...... 41°10.79′ N 72°29.45′ W FR 4376, Feb. 15, 2019] 12 ...... 41°12.22′ N 72°22.25′ W 13 ...... 41°13.57′ N 72°15.38′ W 14 ...... 41°14.94′ N 72°8.35′ W Subpart P—Mid-Atlantic Forage 15 ...... 41°15.52′ N 72°5.41′ W Species 16 ...... 41°17.43′ N 72°1.18′ W 17 ...... 41°18.62′ N 71°55.80′ W 18 ...... 41°18.27′ N 71°54.47′ W SOURCE: 82 FR 40733, Aug. 28, 2017, unless 19 ...... 41°10.31′ N 71°46.44′ W otherwise noted. 20 ...... 41°2.35′ N 71°38.43′ W 21 ...... 40°54.37′ N 71°30.45′ W 22 ...... 40°46.39′ N 71°22.51′ W § 648.350 Mid-Atlantic forage species ° ′ ° ′ landing limits. 23 ...... 40 38.39 N 71 14.60 W 24 ...... 40°30.39′ N 71°6.72′ W (a) Mid-Atlantic forage species. There 25 ...... 40°22.38′ N 70°58.87′ W is no annual landing limit for Mid-At- 26 ...... 40°14.36′ N 70°51.05′ W ° ′ ° ′ lantic forage species, as defined at 27 ...... 40 6.33 N 70 43.27 W 28 ...... 39°58.29′ N 70°35.51′ W § 648.2. 29 ...... 39°50.24′ N 70°27.78′ W (b) [Reserved] 30 ...... 39°42.18′ N 70°20.09′ W 31 ...... 39°34.11′ N 70°12.42′ W [82 FR 40733, Aug. 28, 2017, as amended at 85 32 ...... 39°26.04′ N 70°4.78′ W FR 47117, Aug. 4, 2020] 33 ...... 39°17.96′ N 69°57.18′ W 34 ...... 39°9.86′ N 69°49.6′ W § 648.351 Mid-Atlantic forage species 35 ...... 39°1.77′ N 69°42.05′ W possession limits. 36 ...... 38°53.66′ N 69°34.53′ W 37 ...... 38°45.54′ N 69°27.03′ W (a) Mid-Atlantic forage species. Unless 38 ...... 38°37.42′ N 69°19.57′ W otherwise prohibited in § 648.80, a vessel 39 ...... 38°29.29′ N 69°12.13′ W issued a valid commercial permit in ac- 40 ...... 38°21.15′ N 69°4.73′ W cordance with § 648.4 may fish for, pos- 41 ...... 38°13.00′ N 68°57.35′ W 42 ...... 38°4.84′ N 68°49.99′ W sess, and land up to 1,700 lb (771.11 kg) 43 * ...... 38°2.21′ N 68°47.62′ W of all Mid-Atlantic forage species com- bined per trip in or from the EEZ por- * Point 43 falls on the U.S. EEZ. tion of the Mid-Atlantic Forage Spe- (c) Transiting. Any vessel issued a cies Management Unit, as defined in valid permit in accordance with § 648.4 paragraph (b) of this section. A vessel may transit the Mid-Atlantic Forage not issued a permit in accordance with Species Management Unit, as defined § 648.4 that is fishing exclusively in in paragraph (b) of this section, with

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an amount of Mid-Atlantic forage spe- ment(s) at its first meeting, prior to its cies on board that exceeds the posses- second meeting, and at its second sion limits specified in paragraph (a) of meeting. The MAFMC’s recommenda- this section to land in a port in a state tions on adjustments or additions to that is outside of the Mid-Atlantic For- management measures must come age Species Management Unit, pro- from one or more of the following cat- vided that those species were harvested egories: The list of Mid-Atlantic forage outside of the Mid-Atlantic Forage species, possession limits, annual land- Species Management Unit and that all ing limits, and any other measure cur- gear is stowed and not available for im- rently included in the applicable FMPs mediate use as defined in § 648.2. specified in paragraph (a) of this sec- (d) Transiting. Any vessel issued a tion. Issues that require significant de- valid permit in accordance with § 648.4 partures from previously contemplated may transit the Mid-Atlantic Forage measures or that are otherwise intro- Species Management Unit, as defined ducing new concepts may require an in paragraph (c) of this section, with an amendment of the FMPs instead of a amount of Mid-Atlantic forage species framework adjustment. or Atlantic chub mackerel on board (c) MAFMC recommendation. See that exceeds the possession limits spec- § 648.110(a)(2). ified in paragraphs (a) and (b) of this (d) NMFS action. See § 648.110(a)(3). section, respectively, to land in a port (e) Emergency actions. See in a state that is outside of the Mid-At- § 648.110(a)(4). lantic Forage Species Management Unit, provided that those species were harvested outside of the Mid-Atlantic Subpart Q—Habitat-Related Forage Species Management Unit and Management Measures that all gear is stowed and not avail- able for immediate use as defined in SOURCE: 83 FR 15275, Apr. 9, 2018, unless § 648.2. The transitting provisions speci- otherwise noted. fied in this paragraph (d) for a vessel possessing Atlantic chub mackerel are § 648.370 Habitat Management Areas. effective through December 31, 2020. Unless otherwise specified, no fishing [82 FR 40733, Aug. 28, 2017, as amended at 85 vessel or person on a fishing vessel may FR 47117, Aug. 4, 2020] fish with bottom-tending mobile gear in the areas defined in this section. § 648.352 Mid-Atlantic forage species Copies of charts depicting these areas framework measures. are available from the Regional Ad- (a) General. The MAFMC may, at any ministrator upon request. time, initiate action to add or revise (a) Eastern Maine Habitat Management management measures if it finds that Area. The Eastern Maine HMA is action is necessary to meet or be con- bounded on the northwest by the outer sistent with the goals and objectives of limit of Maine state waters, and bound- the Atlantic Mackerel, Squid, and ed on all other sides by straight lines Butterfish FMP; the Atlantic Surfclam connecting the following points in the and Ocean Quahog FMP; the Summer order stated: Flounder, Scup, and Black Sea Bass FMP; the Atlantic Bluefish FMP; the EASTERN MAINE HMA Spiny Dogfish FMP; and Tilefish FMPs. Point N latitude W longitude (b) Adjustment process. The MAFMC EMH1 1 ...... 44°07.65′ N 68°10.64′ W shall develop and analyze appropriate EMH2 ...... 44°02.50′ N 68°06.10′ W management actions over the span of EMH3 ...... 43°51.00′ N 68°33.90′ W 1 ° ′ ° ′ at least two MAFMC meetings. The EMH4 ...... 43 56.62 N 68 38.12 W MAFMC must provide the public with 1 Points 1 and 4 are intended to fall along the outer limit of advance notice of the availability of Maine state waters. the recommendation(s), appropriate (b) Jeffreys Bank Habitat Management justification(s) and economic and bio- Area. The Jeffreys Bank HMA is de- logical analyses, and the opportunity fined by straight lines connecting the to comment on the proposed adjust- following points in the order stated:

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JEFFREYS BANK HMA (2) No fishing vessel, including pri- vate and for-hire recreational fishing Point N latitude W longitude vessels, may fish in the Ammen Rock JBH1 ...... 43°31′ N 68°37′ W HMA, except for vessels fishing exclu- JBH2 ...... 43°20′ N 68°37′ W sively with lobster traps, as defined in JBH3 ...... 43°20′ N 68°55′ W § 697.2. JBH4 ...... 43°31′ N 68°55′ W (f) Western Gulf of Maine Habitat Man- ° ′ ° ′ JBH1 ...... 43 31 N 68 37 W agement Area—(1) Coordinates. The Western GOM HMA is defined by the (c) Cashes Ledge Habitat Management straight lines connecting the following Area. The Cashes Ledge HMA is defined points in the order stated: by straight lines connecting the fol- lowing points in the order stated: WESTERN GULF OF MAINE HMA

CASHES LEDGE HMA Point N latitude W longitude

Point N latitude W longitude WGMH1 ...... 43°15′ N 70°15′ W WGMH2 ...... 42°15′ N 70°15′ W CLH1 ...... 43°01.0′ N 69°00.0′ W WGMH3 ...... 42°15′ N 70°00′ W CLH2 ...... 43°01.0′ N 68°52.0′ W WGMH4 ...... 43°15′ N 70°15′ W CLH3 ...... 42°45.0′ N 68°52.0′ W WGMH1 ...... 43°15′ N 70°15′ W CLH4 ...... 42°45.0′ N 69°00.0′ W CLH1 ...... 43°01.0′ N 69°00.0′ W (2) Western Gulf of Maine Shrimp Ex- emption Area. Vessels fishing with (d) Fippennies Ledge Habitat Manage- shrimp trawls under the Small Mesh ment Area. The Fippennies Ledge HMA Northern Shrimp Fishery Exemption is defined by straight lines connecting specified at § 648.80(a)(5) may fish with- the following points in the order stat- in the Western Gulf of Maine HMA ed: Shrimp Exemption Area which is de- fined by the straight lines connecting FIPPENNIES LEDGE HMA the following points in the order stat- ed: Point N latitude W longitude

FLH1 ...... 42°50.0′ N 69°17.0′ W WESTERN GULF OF MAINE SHRIMP EXEMPTION FLH2 ...... 42°44.0′ N 69°14.0′ W AREA FLH3 ...... 42°44.0′ N 69°18.0′ W FLH4 ...... 42°50.0′ N 69°21.0′ W Point N latitude W longitude FLH1 ...... 42°50.0′ N 69°17.0′ W SEA1 ...... 43°15′ N 70° W SEA2 ...... 43°13′ N 70° W (e) Ammen Rock Habitat Management SEA3 ...... 43°13′ N 70°05′ W Area. (1) The Ammen Rock HMA is de- SEA4 ...... 43°09′ N 70°05′ W fined by straight lines connecting the SEA5 ...... 43°09′ N 70°08′ W SEA6 ...... 42°55′ N 70°08′ W following points in the order stated: SEA7 ...... 42°55′ N 70°15′ W SEA8 ...... 43°15′ N 70°15′ W AMMEN ROCK HMA SEA1 ...... 43°15′ N 70° W

Point N latitude W longitude (g) Closed Area II Habitat Closure Area. ARH1 ...... 42°55.5′ N 68°57.0′ W The Closed Area II Habitat Closure ARH2 ...... 42°52.5′ N 68°55.0′ W Area is defined by the straight lines, ARH3 ...... 42°52.5′ N 68°57.0′ W except where otherwise noted, con- ARH4 ...... 42°55.5′ N 68°59.0′ W ° ′ ° ′ necting the following points in the ARH1 ...... 42 55.5 N 68 57.0 W order stated:

CLOSED AREA II HABITAT CLOSURE AREA

Point N latitude W longitude Notes

CIIH1 ...... 42°10′ N 67°20′ W CIIH2 ...... 42°10′ N 67°9.38′ W (12) CIIH3 ...... 42°00′ N 67°0.63′ W (23) CIIH4 ...... 42°00′ N 67°10′ W CIIH5 ...... 41°50′ N 67°10′ W CIIH6 ...... 41°50′ N 67°20′ W

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CLOSED AREA II HABITAT CLOSURE AREA—Continued

Point N latitude W longitude Notes

CIIH1 ...... 42°10′ N 67°20′ W 1 Point CIIH2 represents the intersection of 42°10′ N lat. and the U.S.-Canada Maritime Boundary. 2 From Point CIIH2 to Point CIIH3 along the U.S.-Canada Maritime Boundary. 3 Point CIIH3 represents the intersection of 42°00′ N lat. and the U.S.-Canada maritime Boundary.

(h) Great South Channel Habitat Man- connected in the order listed by agement Area—(1) Coordinates. The straight lines: Great South Channel HMA is defined by the straight lines connecting the MCBLAIR DREDGE EXEMPTION AREA following points in the order stated: Point Longitude Latitude

GREAT SOUTH CHANNEL HMA 1 ...... 69°49.255′ W 41°25.878′ N 2 ...... 69°46.951′ W 41°25.878′ N Point N latitude W longitude 3 ...... 69°46.951′ W 41°19.34′ N 4 ...... 69°49.187′ W 41°19.34′ N GSCH1 ...... 41°30.3′ N 69°31.0′ W 1 ...... 69°49.255′ W 41°25.878′ N GSCH2 ...... 41°0.00′ N 69°18.5′ W GSCH3 ...... 40°51.7′ N 69°18.5′ W (B) The McBlair Dredge Exemption GSCH4 ...... 40°51.6′ N 69°48.9′ W GSCH5 ...... 41°30.2′ N 69°49.3′ W Area is open year-round. GSCH1 ...... 41°30.3′ N 69°31.0′ W (iii) Old South Dredge Exemption Area. (A) The Old South Dredge Exemption (2) Atlantic Surfclam and Mussel Area is defined by the following points Dredge Exemption Areas—(i) Dredge Ex- connected in the order listed by emption Area Requirements. A vessel straight lines: may fish in one or more of the Dredge Exemption Areas below, provided the OLD SOUTH DREDGE EXEMPTION AREA area is open and the vessel meets the following requirements: Point Longitude Latitude (A) Holds a federal Atlantic surfclam 1 ...... 69°47′ W 41°15′ N vessel permit. 2 ...... 69°44′ W 41°15′ N 3 ...... 69°44.22′ W 41°10.432′ N (B) Has been issued a Letter of Au- 4 ...... 69°45′ W 41°7′ N thorization to fish in the Great South 5 ...... 69°47′ W 41°7′ N Channel HMA from the Regional Ad- 6 ...... 69°47′ W 41°11′ N 7 ...... 69°49.101′ W 41°11′ N ministrator. 8 ...... 69°49.116′ W 41°12.5′ N (C) Has a NMFS-approved VMS unit 9 ...... 69°47′ W 41°12.5′ N capable of automatically transmitting 1 ...... 69°47′ W 41°15′ N a signal indicating the vessel’s accu- rate position at least once every 5 min- (B) The Old South Dredge Exemption utes while in or near the Great South Area is open from May 1–October 31, Channel HMA. and closed to all mobile bottom-tend- (D) Declares each trip into the HMA ing gear November 1–April 30. through the VMS and fishes exclu- (iv) Fishing Rip Dredge Exemption sively inside HMA dredge exemption Area. (A) The Fishing Rip Dredge Ex- areas on such trips. emption Area is defined by the fol- (E) When fishing for surfclams in an lowing points connected in the order HMA exemption area, uses only hy- listed by straight lines: draulic clam dredge gear. FISHING RIP DREDGE EXEMPTION AREA (F) When fishing for blue mussels in an HMA exemption area, any dredge on Point Longitude Latitude board the vessel does not exceed 8 ft 1 ...... 69°28.829′ W 41°10.963′ N (2.4 m), measured at the widest point in 2 ...... 69°27.106′ W 41°10.485′ N the bail of the dredge, and the vessel 3 ...... 69°29.311′ W 41°6.699′ N does not possess, or land any species of 4 ...... 69°27.034′ W 41°6.609′ N 5 ...... 69°27.376′ W 41°3.198′ N fish other than blue mussels. 6 ...... 69°29.905′ W 41°1.297′ N (ii) McBlair Dredge Exemption Area. 7 ...... 69°32.579′ W 41°5.368′ N 8 ...... 69°31.193′ W 41°7.356′ N (A) The McBlair Dredge Exemption ° ′ ° ′ Area is defined by the following points 1 ...... 69 28.829 W 41 10.963 N

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(B) The Fishing Rip Dredge Exemp- GEORGES BANK DHRA tion Area is open year-round. (i) Transiting. Unless otherwise re- Point Latitude Longitude stricted, a vessel may transit the habi- GBDHRA1 ...... 40°54.95′ N 68°53.37′ W tat management areas described in this GBDHRA2 ...... 40°58′ N 68°30′ W GBDHRA3 ...... 40°45′ N 68°30′ W section provided that its gear is stowed GBDHRA4 ...... 40°45′ N 68°45′ W and not available for immediate use as defined in § 648.2. (2) Vessels fishing with bottom-tend- (j) Other habitat protection measures. ing mobile gear are prohibited from The Inshore Gulf of Maine/Georges fishing in the Georges Bank DHRA, un- Bank Restricted Roller Gear Area de- less otherwise exempted. scribed in § 648.80(a)(3)(vii) is considered (d) Transiting. Unless otherwise re- a habitat protection measure and the stricted or specified in this paragraph restrictions outlined in that section (d), a vessel may transit the Dedicated apply to all bottom trawl gear. Habitat Research Areas of this section (k) Review of habitat management provided that its gear is stowed and measures. The New England Fishery not available for immediate use as de- Management Council will develop a fined in § 648.2. strategic process to evaluate the (e) Dedicated Habitat Research Areas boundaries, scope, characteristics, and review. (1) The Regional Administrator timing of habitat and spawning protec- shall initiate a review of the DHRAs tion areas to facilitate review of these defined in this section three years after areas at 10-year intervals. implementation. [83 FR 15275, Apr. 9, 2018, as amended at 85 (2) After initiation of the review and FR 29876, May 19, 2020] consultation with the New England Fishery Management Council, the Re- § 648.371 Dedicated Habitat Research gional Administrator may remove a Areas. DHRA. The following criteria will be (a) Dedicated Habitat Research Area used to determine if DHRA should be (DHRA) topics. The areas defined in this maintained: section are intended to facilitate co- (i) Documentation of active and on- ordinated research on gear impacts, going research in the DHRA area, in habitat recovery, natural disturbance, the form of data records, cruise reports and productivity. or inventory samples with analytical (b) Stellwagen Dedicated Habitat Re- objectives focused on the DHRA topics, search Area. (1) The Stellwagen DHRA described in paragraph (a) of this sec- is defined by the straight lines con- tion; and necting the following points in the (ii) Documentation of pending or ap- order stated: proved proposals or funding requests (including ship time requests), with ob- STELLWAGEN DHRA jectives specific to the DHRA topics, described in paragraph (a) of this sec- Point N latitude W longitude tion. SDHRA1 ...... 42°15.0′ N 70°00.0′ W (3) The Regional Administrator will SDHRA2 ...... 42°15.0′ N 70°15.0′ W make any such determination in ac- SDHRA3 ...... 42°45.2′ N 70°15.0′ W cordance with the APA through notifi- SDHRA4 ...... 42°46.0′ N 70°13.0′ W SDHRA5 ...... 42°46.0′ N 70°00.0′ W cation in the FEDERAL REGISTER. SDHRA1 ...... 42°15.0′ N 70°00.0′ W § 648.372 Frank R. Lautenberg Deep- (2) Vessels fishing with bottom-tend- Sea Coral Protection Area. ing mobile gear, sink gillnet gear, or (a) Restrictions. No vessel may fish demersal longline gear are prohibited with bottom-tending gear within the from fishing in the Stellwagen DHRA, Frank R. Lautenberg Deep-Sea Coral unless otherwise exempted. Protection Area described in this sec- (c) Georges Bank Dedicated Habitat Re- tion, unless transiting pursuant to search Area. (1) The Georges Bank paragraph (d) of this section, fishing DHRA is defined by straight lines con- lobster trap gear in accordance with necting the following points in the § 697.21 of this chapter, or fishing red order stated: crab trap gear in accordance with

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§ 648.264. Bottom-tending gear includes on the east by the outer limit of the but is not limited to bottom-tending U.S. Exclusive Economic Zone, and otter trawls, bottom-tending beam bounded on all other sides by straight trawls, hydraulic dredges, non-hydrau- lines connecting the following points in lic dredges, bottom-tending seines, bot- the order stated (copies of a chart de- tom longlines, pots and traps, and sink picting this area are available from the or anchored gillnets. The Frank R. Regional Administrator upon request). Lautenberg Deep-Sea Coral Protection An asterisk (*) in the Discrete Zone Area consists of the Broad and Discrete column means the point is shared with Deep-Sea Coral Zones defined in para- a Discrete Deep-Sea Coral Zone, as de- graphs (b) and (c) of this section. fined in paragraph (c) of this section. (b) Broad Deep-Sea Coral Zone. The Broad Deep-Sea Coral Zone is bounded

BROAD ZONE

Point Latitude Longitude Discrete zone

1 ...... 36°33.02′ N 71°29.33′ W 2 ...... 36°33.02′ N 72°00′ W 3 ...... 36°33.02′ N 73°00′ W 4 ...... 36°33.02′ N 74°00′ W 5 ...... 36°33.02′ N 74°42.14′ W 6 ...... 36°34.44′ N 74°42.23′ W 7 ...... 36°35.53′ N 74°41.59′ W 8 ...... 36°37.69′ N 74°41.51′ W 9 ...... 36°42.09′ N 74°39.07′ W 10 ...... 36°45.18′ N 74°38′ W 11 ...... 36°45.69′ N 74°38.55′ W 12 ...... 36°49.17′ N 74°38.31′ W 13 ...... 36°49.56′ N 74°37.77′ W 14 ...... 36°51.21′ N 74°37.81′ W 15 ...... 36°51.78′ N 74°37.43′ W 16 ...... 36°58.51′ N 74°36.51′ W (*) 17 ...... 36°58.62′ N 74°36.97′ W (*) 18 ...... 37°4.43′ N 74°41.03′ W (*) 19 ...... 37°5.83′ N 74°45.57′ W (*) 20 ...... 37°6.97′ N 74°40.8′ W (*) 21 ...... 37°4.52′ N 74°37.77′ W (*) 22 ...... 37°4.02′ N 74°33.83′ W (*) 23 ...... 37°4.52′ N 74°33.51′ W (*) 24 ...... 37°4.4′ N 74°33.11′ W (*) 25 ...... 37°7.38′ N 74°31.95′ W 26 ...... 37°8.32′ N 74°32.4′ W 27 ...... 37°8.51′ N 74°31.38′ W 28 ...... 37°9.44′ N 74°31.5′ W 29 ...... 37°16.83′ N 74°28.58′ W 30 ...... 37°17.81′ N 74°27.67′ W 31 ...... 37°18.72′ N 74°28.22′ W 32 ...... 37°22.74′ N 74°26.24′ W (*) 33 ...... 37°22.87′ N 74°26.16′ W (*) 34 ...... 37°24.44′ N 74°28.57′ W (*) 35 ...... 37°24.67′ N 74°29.71′ W (*) 36 ...... 37°25.93′ N 74°30.13′ W (*) 37 ...... 37°27.25′ N 74°30.2′ W (*) 38 ...... 37°28.6′ N 74°30.6′ W (*) 39 ...... 37°29.43′ N 74°30.29′ W (*) 40 ...... 37°29.53′ N 74°29.95′ W (*) 41 ...... 37°27.68′ N 74°28.82′ W (*) 42 ...... 37°27.06′ N 74°28.76′ W (*) 43 ...... 37°26.39′ N 74°27.76′ W (*) 44 ...... 37°26.3′ N 74°26.87′ W (*) 45 ...... 37°25.69′ N 74°25.63′ W (*) 46 ...... 37°25.83′ N 74°24.22′ W (*) 47 ...... 37°25.68′ N 74°24.03′ W (*) 48 ...... 37°28.04′ N 74°23.17′ W 49 ...... 37°27.72′ N 74°22.34′ W 50 ...... 37°30.13′ N 74°17.77′ W 51 ...... 37°33.83′ N 74°17.47′ W 52 ...... 37°35.48′ N 74°14.84′ W 53 ...... 37°36.99′ N 74°14.01′ W 54 ...... 37°37.23′ N 74°13.02′ W 55 ...... 37°42.85′ N 74°9.97′ W

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BROAD ZONE—Continued

Point Latitude Longitude Discrete zone

56 ...... 37°43.5′ N 74°8.79′ W 57 ...... 37°45.22′ N 74°9.2′ W 58 ...... 37°45.15′ N 74°7.24′ W (*) 59 ...... 37°45.88′ N 74°7.44′ W (*) 60 ...... 37°46.7′ N 74°5.98′ W (*) 61 ...... 37°49.62′ N 74°6.03′ W (*) 62 ...... 37°51.25′ N 74°5.48′ W (*) 63 ...... 37°51.99′ N 74°4.51′ W (*) 64 ...... 37°51.37′ N 74°3.3′ W (*) 65 ...... 37°50.63′ N 74°2.69′ W (*) 66 ...... 37°49.62′ N 74°2.28′ W (*) 67 ...... 37°50.28′ N 74°0.67′ W (*) 68 ...... 37°53.68′ N 73°57.41′ W (*) 69 ...... 37°55.07′ N 73°57.27′ W (*) 70 ...... 38°3.29′ N 73°49.1′ W (*) 71 ...... 38°6.19′ N 73°51.59′ W (*) 72 ...... 38°7.67′ N 73°52.19′ W (*) 73 ...... 38°9.04′ N 73°52.39′ W (*) 74 ...... 38°10.1′ N 73°52.32′ W (*) 75 ...... 38°11.98′ N 73°52.65′ W (*) 76 ...... 38°13.74′ N 73°50.73′ W (*) 77 ...... 38°13.15′ N 73°49.77′ W (*) 78 ...... 38°10.92′ N 73°50.37′ W (*) 79 ...... 38°10.2′ N 73°49.63′ W (*) 80 ...... 38°9.26′ N 73°49.68′ W (*) 81 ...... 38°8.38′ N 73°49.51′ W (*) 82 ...... 38°7.59′ N 73°47.91′ W (*) 83 ...... 38°6.96′ N 73°47.25′ W (*) 84 ...... 38°6.51′ N 73°46.99′ W (*) 85 ...... 38°5.69′ N 73°45.56′ W (*) 86 ...... 38°6.35′ N 73°44.8′ W (*) 87 ...... 38°7.5′ N 73°45.2′ W (*) 88 ...... 38°9.24′ N 73°42.61′ W (*) 89 ...... 38°9.41′ N 73°41.63′ W 90 ...... 38°15.13′ N 73°37.58′ W 91 ...... 38°15.25′ N 73°36.2′ W (*) 92 ...... 38°16.19′ N 73°36.91′ W (*) 93 ...... 38°16.89′ N 73°36.66′ W (*) 94 ...... 38°16.91′ N 73°36.35′ W (*) 95 ...... 38°17.63′ N 73°35.35′ W (*) 96 ...... 38°18.55′ N 73°34.44′ W (*) 97 ...... 38°18.38′ N 73°33.4′ W (*) 98 ...... 38°19.04′ N 73°33.02′ W (*) 99 ...... 38°25.08′ N 73°34.99′ W (*) 100 ...... 38°26.32′ N 73°33.44′ W (*) 101 ...... 38°29.72′ N 73°30.65′ W (*) 102 ...... 38°28.65′ N 73°29.37′ W (*) 103 ...... 38°25.53′ N 73°30.94′ W (*) 104 ...... 38°25.26′ N 73°29.97′ W (*) 105 ...... 38°23.75′ N 73°30.16′ W (*) 106 ...... 38°23.47′ N 73°29.7′ W (*) 107 ...... 38°22.76′ N 73°29.34′ W (*) 108 ...... 38°22.5′ N 73°27.63′ W (*) 109 ...... 38°21.59′ N 73°26.87′ W (*) 110 ...... 38°23.07′ N 73°24.11′ W 111 ...... 38°25.83′ N 73°22.39′ W 112 ...... 38°25.97′ N 73°21.43′ W 113 ...... 38°34.14′ N 73°11.14′ W (*) 114 ...... 38°35.1′ N 73°10.43′ W (*) 115 ...... 38°35.94′ N 73°11.25′ W (*) 116 ...... 38°37.57′ N 73°10.49′ W (*) 117 ...... 38°37.21′ N 73°9.41′ W (*) 118 ...... 38°36.72′ N 73°8.85′ W (*) 119 ...... 38°43′ N 73°1.24′ W (*) 120 ...... 38°43.66′ N 73°0.36′ W (*) 121 ...... 38°45′ N 73°0.27′ W (*) 122 ...... 38°46.68′ N 73°1.07′ W (*) 123 ...... 38°47.54′ N 73°2.24′ W (*) 124 ...... 38°47.84′ N 73°2.24′ W (*) 125 ...... 38°49.03′ N 73°1.53′ W (*) 126 ...... 38°48.45′ N 73°1′ W (*) 127 ...... 38°49.15′ N 72°58.98′ W (*)

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BROAD ZONE—Continued

Point Latitude Longitude Discrete zone

128 ...... 38°48.03′ N 72°56.7′ W (*) 129 ...... 38°49.84′ N 72°55.54′ W (*) 130 ...... 38°52.4′ N 72°52.5′ W (*) 131 ...... 38°53.87′ N 72°53.36′ W (*) 132 ...... 38°54.17′ N 72°52.58′ W (*) 133 ...... 38°54.7′ N 72°50.26′ W (*) 134 ...... 38°57.2′ N 72°47.74′ W (*) 135 ...... 38°58.64′ N 72°48.35′ W (*) 136 ...... 38°59.3′ N 72°47.86′ W (*) 137 ...... 38°59.22′ N 72°46.69′ W (*) 138 ...... 39°0.13′ N 72°45.47′ W (*) 139 ...... 39°1.69′ N 72°45.74′ W (*) 140 ...... 39°1.49′ N 72°43.67′ W (*) 141 ...... 39°3.9′ N 72°40.83′ W (*) 142 ...... 39°7.35′ N 72°41.26′ W (*) 143 ...... 39°7.16′ N 72°37.21′ W (*) 144 ...... 39°6.52′ N 72°35.78′ W (*) 145 ...... 39°11.73′ N 72°25.4′ W (*) 146 ...... 39°11.76′ N 72°22.33′ W 147 ...... 39°19.08′ N 72°9.56′ W (*) 148 ...... 39°25.17′ N 72°13.03′ W (*) 149 ...... 39°28.8′ N 72°17.39′ W (*) 150 ...... 39°30.16′ N 72°20.41′ W (*) 151 ...... 39°31.38′ N 72°23.86′ W (*) 152 ...... 39°32.55′ N 72°25.07′ W (*) 153 ...... 39°34.57′ N 72°25.18′ W (*) 154 ...... 39°34.53′ N 72°24.23′ W (*) 155 ...... 39°33.17′ N 72°24.1′ W (*) 156 ...... 39°32.07′ N 72°22.77′ W (*) 157 ...... 39°32.17′ N 72°22.08′ W (*) 158 ...... 39°30.3′ N 72°15.71′ W (*) 159 ...... 39°29.49′ N 72°14.3′ W (*) 160 ...... 39°29.44′ N 72°13.24′ W (*) 161 ...... 39°27.63′ N 72°5.87′ W (*) 162 ...... 39°28.26′ N 72°2.2′ W (*) 163 ...... 39°29.88′ N 72°3.51′ W (*) 164 ...... 39°30.57′ N 72°3.47′ W (*) 165 ...... 39°31.28′ N 72°2.63′ W (*) 166 ...... 39°31.46′ N 72°1.41′ W (*) 167 ...... 39°37.15′ N 71°55.85′ W (*) 168 ...... 39°39.77′ N 71°53.7′ W (*) 169 ...... 39°41.5′ N 71°51.89′ W 170 ...... 39°43.84′ N 71°44.85′ W (*) 171 ...... 39°48.01′ N 71°45.19′ W (*) 172 ...... 39°49.97′ N 71°39.29′ W (*) 173 ...... 39°55.08′ N 71°18.62′ W (*) 174 ...... 39°55.99′ N 71°16.07′ W (*) 175 ...... 39°57.04′ N 70°50.01′ W 176 ...... 39°55.07′ N 70°32.42′ W 177 ...... 39°50.24′ N 70°27.78′ W 178 ...... 39°42.18′ N 70°20.09′ W 179 ...... 39°34.11′ N 70°12.42′ W 180 ...... 39°26.04′ N 70°4.78′ W 181 ...... 39°17.96′ N 69°57.18′ W 182 ...... 39°9.87′ N 69°49.6′ W 183 ...... 39°1.77′ N 69°42.05′ W 184 ...... 38°53.66′ N 69°34.53′ W 185 ...... 38°45.54′ N 69°27.03′ W 186 ...... 38°37.42′ N 69°19.57′ W 187 ...... 38°29.29′ N 69°12.13′ W 188 ...... 38°21.15′ N 69°4.73′ W 189 ...... 38°13′ N 68°57.35′ W 190 ...... 38°4.84′ N 68°49.99′ W 191 ...... 38°2.21′ N 68°47.62′ W ......

(c) Discrete Deep-Sea Coral Zones—(1) straight lines connecting the following Block Canyon. Block Canyon discrete points in the order stated (copies of a deep-sea coral zone is defined by chart depicting this area are available

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from the Regional Administrator upon with the Broad Deep-Sea Coral Zone, as request). An asterisk (*) in the Broad defined in paragraph (b) of this section. Zone column means the point is shared

BLOCK CANYON

Point Latitude Longitude Broad zone

1 ...... 39°55.08′ N 71°18.62′ W (*) 2 ...... 39°55.99′ N 71°16.07′ W (*) 3 ...... 39°49.51′ N 71°12.12′ W 4 ...... 39°38.09′ N 71°9.5′ W 5 ...... 39°37.4′ N 71°11.87′ W 6 ...... 39°47.26′ N 71°17.38′ W 7 ...... 39°52.6′ N 71°17.51′ W 1 ...... 39°55.08′ N 71°18.62′ W (*)

(2) Ryan and McMaster Canyons. Ryan Regional Administrator upon request). and McMaster Canyons discrete deep- An asterisk (*) in the Broad Zone col- sea coral zone is defined by straight umn means the point is shared with lines connecting the following points in the Broad Deep-sea Coral Zone, as de- the order stated (copies of a chart de- fined in paragraph (b) of this section. picting this area are available from the

RYAN AND MCMASTER CANYONS

Point Latitude Longitude Broad zone

1 ...... 39°43.84′ N 71°44.85′ W (*) 2 ...... 39°48.01′ N 71°45.19′ W (*) 3 ...... 39°49.97′ N 71°39.29′ W (*) 4 ...... 39°48.29′ N 71°37.18′ W 5 ...... 39°42.96′ N 71°35.01′ W 6 ...... 39°33.43′ N 71°27.91′ W 7 ...... 39°31.75′ N 71°30.77′ W 8 ...... 39°34.46′ N 71°35.68′ W 9 ...... 39°40.12′ N 71°42.36′ W 1 ...... 39°43.84′ N 71°44.85′ W (*)

(3) Emery and Uchupi Canyons. Emery gional Administrator upon request). An and Uchupi Canyons discrete deep-sea asterisk (*) in the Broad Zone column coral zone is defined by straight lines means the point is shared with the connecting the following points in the Broad Deep-sea Coral Zone, as defined order stated (copies of a chart depict- in paragraph (b) of this section. ing this area are available from the Re-

EMERY AND UCHUPI CANYONS

Point Latitude Longitude Broad zone

1 ...... 39°37.15′ N 71°55.85′ W (*) 2 ...... 39°39.77′ N 71°53.7′ W (*) 3 ...... 39°39.55′ N 71°47.68′ W 4 ...... 39°30.78′ N 71°36.24′ W 5 ...... 39°27.26′ N 71°39.13′ W 6 ...... 39°28.99′ N 71°45.47′ W 7 ...... 39°33.91′ N 71°52.61′ W 1 ...... 39°37.15′ N 71°55.85′ W (*)

(4) Jones and Babylon Canyons. Jones ing this area are available from the Re- and Babylon Canyons discrete deep-sea gional Administrator upon request). An coral zone is defined by straight lines asterisk (*) in the Broad Zone column connecting the following points in the means the point is shared with the order stated (copies of a chart depict-

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Broad Deep-sea Coral Zone, as defined in paragraph (b) of this section.

JONES AND BABYLON CANYONS

Point Latitude Longitude Broad zone

1 ...... 39°28.26′ N 72°2.2′ W (*) 2 ...... 39°29.88′ N 72°3.51′ W (*) 3 ...... 39°30.57′ N 72°3.47′ W (*) 4 ...... 39°31.28′ N 72°2.63′ W (*) 5 ...... 39°31.46′ N 72°1.41′ W (*) 6 ...... 39°30.37′ N 71°57.72′ W 7 ...... 39°30.63′ N 71°55.13′ W 8 ...... 39°23.81′ N 71°48.15′ W 9 ...... 39°23′ N 71°52.48′ W 1 ...... 39°28.26′ N 72°2.2′ W (*)

(5) Hudson Canyon. Hudson Canyon trator upon request). An asterisk (*) in discrete deep-sea coral zone is defined the Broad Zone column means the by straight lines connecting the fol- point is shared with the Broad Deep- lowing points in the order stated (cop- Sea Coral Zone, as defined in paragraph ies of a chart depicting this area are (b) of this section. available from the Regional Adminis-

HUDSON CANYON

Point Latitude Longitude Broad zone

1 ...... 39°19.08′ N 72°9.56′ W (*) 2 ...... 39°25.17′ N 72°13.03′ W (*) 3 ...... 39°28.8′ N 72°17.39′ W (*) 4 ...... 39°30.16′ N 72°20.41′ W (*) 5 ...... 39°31.38′ N 72°23.86′ W (*) 6 ...... 39°32.55′ N 72°25.07′ W (*) 7 ...... 39°34.57′ N 72°25.18′ W (*) 8 ...... 39°34.53′ N 72°24.23′ W (*) 9 ...... 39°33.17′ N 72°24.1′ W (*) 10 ...... 39°32.07′ N 72°22.77′ W (*) 11 ...... 39°32.17′ N 72°22.08′ W (*) 12 ...... 39°30.3′ N 72°15.71′ W (*) 13 ...... 39°29.49′ N 72°14.3′ W (*) 14 ...... 39°29.44′ N 72°13.24′ W (*) 15 ...... 39°27.63′ N 72°5.87′ W (*) 16 ...... 39°13.93′ N 71°48.44′ W 17 ...... 39°10.39′ N 71°52.98′ W 18 ...... 39°14.27′ N 72°3.09′ W 1 ...... 39°19.08′ N 72°9.56′ W (*)

(6) Mey-Lindenkohl Slope. Mey- gional Administrator upon request). An Lindenkohl Slope discrete deep-sea asterisk (*) in the Broad Zone column coral zone is defined by straight lines means the point is shared with the connecting the following points in the Broad Deep-Sea Coral Zone, as defined order stated (copies of a chart depict- in paragraph (b) of this section. ing this area are available from the Re-

MEY-LINDENKOHL SLOPE

Point Latitude Longitude Broad zone

1 ...... 38°43′ N 73°1.24′ W (*) 2 ...... 38°43.66′ N 73°0.36′ W (*) 3 ...... 38°45′ N 73°0.27′ W (*) 4 ...... 38°46.68′ N 73°1.07′ W (*) 5 ...... 38°47.54′ N 73°2.24′ W (*) 6 ...... 38°47.84′ N 73°2.24′ W (*) 7 ...... 38°49.03′ N 73°1.53′ W (*) 8 ...... 38°48.45′ N 73°1′ W (*)

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MEY-LINDENKOHL SLOPE—Continued

Point Latitude Longitude Broad zone

9 ...... 38°49.15′ N 72°58.98′ W (*) 10 ...... 38°48.03′ N 72°56.7′ W (*) 11 ...... 38°49.84′ N 72°55.54′ W (*) 12 ...... 38°52.4′ N 72°52.5′ W (*) 13 ...... 38°53.87′ N 72°53.36′ W (*) 14 ...... 38°54.17′ N 72°52.58′ W (*) 15 ...... 38°54.7′ N 72°50.26′ W (*) 16 ...... 38°57.2′ N 72°47.74′ W (*) 17 ...... 38°58.64′ N 72°48.35′ W (*) 18 ...... 38°59.3′ N 72°47.86′ W (*) 19 ...... 38°59.22′ N 72°46.69′ W (*) 20 ...... 39°0.13′ N 72°45.47′ W (*) 21 ...... 39°1.69′ N 72°45.74′ W (*) 22 ...... 39°1.49′ N 72°43.67′ W (*) 23 ...... 39°3.9′ N 72°40.83′ W (*) 24 ...... 39°7.35′ N 72°41.26′ W (*) 25 ...... 39°7.16′ N 72°37.21′ W (*) 26 ...... 39°6.52′ N 72°35.78′ W (*) 27 ...... 39°11.73′ N 72°25.4′ W (*) 28 ...... 38°58.85′ N 72°11.78′ W 29 ...... 38°32.39′ N 72°47.69′ W 30 ...... 38°34.88′ N 72°53.78′ W 1 ...... 38°43′ N 73°1.24′ W (*)

(7) Spencer Canyon. Spencer Canyon trator upon request). An asterisk (*) in discrete deep-sea coral zone is defined the Broad Zone column means the by straight lines connecting the fol- point is shared with the Broad Deep- lowing points in the order stated (cop- Sea Coral Zone, as defined in paragraph ies of a chart depicting this area are (b) of this section. available from the Regional Adminis-

SPENCER CANYON

Point Latitude Longitude Broad zone

1 ...... 38°34.14′ N 73°11.14′ W (*) 2 ...... 38°35.1′ N 73°10.43′ W (*) 3 ...... 38°35.94′ N 73°11.25′ W (*) 4 ...... 38°37.57′ N 73°10.49′ W (*) 5 ...... 38°37.21′ N 73°9.41′ W (*) 6 ...... 38°36.72′ N 73°8.85′ W (*) 7 ...... 38°36.59′ N 73°8.25′ W 8 ...... 38°28.94′ N 72°58.96′ W 9 ...... 38°26.45′ N 73°3.24′ W 1 ...... 38°34.14′ N 73°11.14′ W (*)

(8) Wilmington Canyon. Wilmington ministrator upon request). An asterisk Canyon discrete deep-sea coral zone is (*) in the Broad Zone column means defined by straight lines connecting the point is shared with the Broad the following points in the order stated Deep-sea Coral Zone, as defined in (copies of a chart depicting this area paragraph (b) of this section. are available from the Regional Ad-

WILMINGTON CANYON

Point Latitude Longitude Broad zone

1 ...... 38°19.04′ N 73°33.02′ W (*) 2 ...... 38°25.08′ N 73°34.99′ W (*) 3 ...... 38°26.32′ N 73°33.44′ W (*) 4 ...... 38°29.72′ N 73°30.65′ W (*) 5 ...... 38°28.65′ N 73°29.37′ W (*) 6 ...... 38°25.53′ N 73°30.94′ W (*) 7 ...... 38°25.26′ N 73°29.97′ W (*)

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WILMINGTON CANYON—Continued

Point Latitude Longitude Broad zone

8 ...... 38°23.75′ N 73°30.16′ W (*) 9 ...... 38°23.47′ N 73°29.7′ W (*) 10 ...... 38°22.76′ N 73°29.34′ W (*) 11 ...... 38°22.5′ N 73°27.63′ W (*) 12 ...... 38°21.59′ N 73°26.87′ W (*) 13 ...... 38°18.52′ N 73°22.95′ W 14 ...... 38°14.41′ N 73°16.64′ W 15 ...... 38°13.23′ N 73°17.32′ W 16 ...... 38°15.79′ N 73°26.38′ W 1 ...... 38°19.04′ N 73°33.02′ W (*)

(9) North Heyes and South Wilmington ing this area are available from the Re- Canyons. North Heyes and South Wil- gional Administrator upon request). An mington Canyons discrete deep-sea asterisk (*) in the Broad Zone column coral zone is defined by straight lines means the point is shared with the connecting the following points in the Broad Deep-Sea Coral Zone, as defined order stated (copies of a chart depict- in paragraph (b) of this section.

NORTH HEYES AND SOUTH WILMINGTON CANYONS

Point Latitude Longitude Broad zone

1 ...... 38°15.25′ N 73°36.2′ W (*) 2 ...... 38°16.19′ N 73°36.91′ W (*) 3 ...... 38°16.89′ N 73°36.66′ W (*) 4 ...... 38°16.91′ N 73°36.35′ W (*) 5 ...... 38°17.63′ N 73°35.35′ W (*) 6 ...... 38°18.55′ N 73°34.44′ W (*) 7 ...... 38°18.38′ N 73°33.4′ W (*) 8 ...... 38°19.04′ N 73°33.02′ W (*) 9 ...... 38°15.79′ N 73°26.38′ W 10 ...... 38°14.98′ N 73°24.73′ W 11 ...... 38°12.32′ N 73°21.22′ W 12 ...... 38°11.06′ N 73°22.21′ W 13 ...... 38°11.13′ N 73°28.72′ W 1 ...... 38°15.25′ N 73°36.2′ W (*)

(10) South Vries Canyon. South Vries ministrator upon request). An asterisk Canyon discrete deep-sea coral zone is (*) in the Broad Zone column means defined by straight lines connecting the point is shared with the Broad the following points in the order stated Deep-Sea Coral Zone, as defined in (copies of a chart depicting this area paragraph (b) of this section. are available from the Regional Ad-

SOUTH VRIES CANYON

Point Latitude Longitude Broad zone

1 ...... 38°6.35′ N 73°44.8′ W (*) 2 ...... 38°7.5′ N 73°45.2′ W (*) 3 ...... 38°9.24′ N 73°42.61′ W (*) 4 ...... 38°3.22′ N 73°29.22′ W 5 ...... 38°2.38′ N 73°29.78′ W 6 ...... 38°2.54′ N 73°36.73′ W 1 ...... 38°6.35′ N 73°44.8′ W (*)

(11) Baltimore Canyon. Baltimore Can- (copies of a chart depicting this area yon discrete deep-sea coral zone is de- are available from the Regional Ad- fined by straight lines connecting the ministrator upon request). An asterisk following points in the order stated (*) in the Broad Zone column means

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the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this section.

BALTIMORE CANYON

Point Latitude Longitude Broad zone

1 ...... 38°3.29′ N 73°49.1′ W (*) 2 ...... 38°6.19′ N 73°51.59′ W (*) 3 ...... 38°7.67′ N 73°52.19′ W (*) 4 ...... 38°9.04′ N 73°52.39′ W (*) 5 ...... 38°10.1′ N 73°52.32′ W (*) 6 ...... 38°11.98′ N 73°52.65′ W (*) 7 ...... 38°13.74′ N 73°50.73′ W (*) 8 ...... 38°13.15′ N 73°49.77′ W (*) 9 ...... 38°10.92′ N 73°50.37′ W (*) 10 ...... 38°10.2′ N 73°49.63′ W (*) 11 ...... 38°9.26′ N 73°49.68′ W (*) 12 ...... 38°8.38′ N 73°49.51′ W (*) 13 ...... 38°7.59′ N 73°47.91′ W (*) 14 ...... 38°6.96′ N 73°47.25′ W (*) 15 ...... 38°6.51′ N 73°46.99′ W (*) 16 ...... 38°5.69′ N 73°45.56′ W (*) 17 ...... 38°6.35′ N 73°44.8′ W (*) 18 ...... 38°2.54′ N 73°36.73′ W 19 ...... 37°59.19′ N 73°40.67′ W 1 ...... 38°3.29′ N 73°49.1′ W (*)

(12) Warr and Phoenix Canyon Com- are available from the Regional Ad- plex. Warr and Phoenix Canyon Com- ministrator upon request). An asterisk plex discrete deep-sea coral zone is de- (*) in the Broad Zone column means fined by straight lines connecting the the point is shared with the Broad following points in the order stated Deep-Sea Coral Zone, as defined in (copies of a chart depicting this area paragraph (b) of this section.

WARR AND PHOENIX CANYON COMPLEX

Point Latitude Longitude Broad zone

1 ...... 37°53.68′ N 73°57.41′ W (*) 2 ...... 37°55.07′ N 73°57.27′ W (*) 3 ...... 38°3.29′ N 73°49.1′ W (*) 4 ...... 37°59.19′ N 73°40.67′ W 5 ...... 37°52.5′ N 73°35.28′ W 6 ...... 37°50.92′ N 73°36.59′ W 7 ...... 37°49.84′ N 73°47.11′ W 1 ...... 37°53.68′ N 73°57.41′ W (*)

(13) Accomac and Leonard Canyons. from the Regional Administrator upon Accomac and Leonard Canyons discrete request). An asterisk (*) in the Broad deep-sea coral zone is defined by Zone column means the point is shared straight lines connecting the following with the Broad Deep-Sea Coral Zone, as points in the order stated (copies of a defined in paragraph (b) of this section. chart depicting this area are available

ACCOMAC AND LEONARD CANYONS

Point Latitude Longitude Broad zone

1 ...... 37°45.15′ N 74°7.24′ W (*) 2 ...... 37°45.88′ N 74°7.44′ W (*) 3 ...... 37°46.7′ N 74°5.98′ W (*) 4 ...... 37°49.62′ N 74°6.03′ W (*) 5 ...... 37°51.25′ N 74°5.48′ W (*) 6 ...... 37°51.99′ N 74°4.51′ W (*) 7 ...... 37°51.37′ N 74°3.3′ W (*)

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ACCOMAC AND LEONARD CANYONS—Continued

Point Latitude Longitude Broad zone

8 ...... 37°50.63′ N 74°2.69′ W (*) 9 ...... 37°49.62′ N 74°2.28′ W (*) 10 ...... 37°50.28′ N 74°0.67′ W (*) 11 ...... 37°50.2′ N 74°0.17′ W 12 ...... 37°50.52′ N 73°58.59′ W 13 ...... 37°50.99′ N 73°57.17′ W 14 ...... 37°50.4′ N 73°52.35′ W 15 ...... 37°42.76′ N 73°44.86′ W 16 ...... 37°39.96′ N 73°48.32′ W 17 ...... 37°40.04′ N 73°58.25′ W 18 ...... 37°44.14′ N 74°6.96′ W 1 ...... 37°45.15′ N 74°7.24′ W (*)

(14) Washington Canyon. Washington ministrator upon request). An asterisk Canyon discrete deep-sea coral zone is (*) in the Broad Zone column means defined by straight lines connecting the point is shared with the Broad the following points in the order stated Deep-Sea Coral Zone, as defined in (copies of a chart depicting this area paragraph (b) of this section. are available from the Regional Ad-

WASHINGTON CANYON

Point Latitude Longitude Broad zone

1 ...... 37°22.74′ N 74°26.24′ W (*) 2 ...... 37°22.87′ N 74°26.16′ W (*) 3 ...... 37°24.44′ N 74°28.57′ W (*) 4 ...... 37°24.67′ N 74°29.71′ W (*) 5 ...... 37°25.93′ N 74°30.13′ W (*) 6 ...... 37°27.25′ N 74°30.2′ W (*) 7 ...... 37°28.6′ N 74°30.6′ W (*) 8 ...... 37°29.43′ N 74°30.29′ W (*) 9 ...... 37°29.53′ N 74°29.95′ W (*) 10 ...... 37°27.68′ N 74°28.82′ W (*) 11 ...... 37°27.06′ N 74°28.76′ W (*) 12 ...... 37°26.39′ N 74°27.76′ W (*) 13 ...... 37°26.3′ N 74°26.87′ W (*) 14 ...... 37°25.69′ N 74°25.63′ W (*) 15 ...... 37°25.83′ N 74°24.22′ W (*) 16 ...... 37°25.68′ N 74°24.03′ W (*) 17 ...... 37°25.08′ N 74°23.29′ W 18 ...... 37°16.81′ N 73°52.13′ W 19 ...... 37°11.27′ N 73°54.05′ W 20 ...... 37°15.73′ N 74°12.2′ W 1 ...... 37°22.74′ N 74°26.24′ W (*)

(15) Norfolk Canyon. Norfolk Canyon trator upon request). An asterisk (*) in discrete deep-sea coral zone is defined the Broad Zone column means the by straight lines connecting the fol- point is shared with the Broad Deep- lowing points in the order stated (cop- Sea Coral Zone, as defined in paragraph ies of a chart depicting this area are (b) of this section. available from the Regional Adminis-

NORFOLK CANYON

Point Latitude Longitude Broad zone

1 ...... 36°58.51′ N 74°36.51′ W (*) 2 ...... 36°58.62′ N 74°36.97′ W (*) 3 ...... 37°4.43′ N 74°41.03′ W (*) 4 ...... 37°5.83′ N 74°45.57′ W (*) 5 ...... 37°6.97′ N 74°40.8′ W (*) 6 ...... 37°4.52′ N 74°37.77′ W (*) 7 ...... 37°4.02′ N 74°33.83′ W (*)

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NORFOLK CANYON—Continued

Point Latitude Longitude Broad zone

8 ...... 37°4.52′ N 74°33.51′ W (*) 9 ...... 37°4.40′ N 74°33.11′ W (*) 10 ...... 37°4.16′ N 74°32.37′ W 11 ...... 37°4.40′ N 74°30.58′ W 12 ...... 37°3.65′ N 74°3.66′ W 13 ...... 36°57.75′ N 74°3.61′ W 14 ...... 36°59.77′ N 74°30′ W 15 ...... 36°58.23′ N 74°32.95′ W 16 ...... 36°57.99′ N 74°34.18′ W 1 ...... 36°58.51′ N 74°36.51′ W (*)

(d) Transiting. Vessels may transit quired to meet the definition of ‘‘not the Broad and Discrete Deep-Sea Coral available for immediate use’’ in § 648.2, Zones defined in paragraphs (b) and (c) when a vessel transits the Broad and of this section, provided bottom-tend- Discrete Deep-Sea Coral Zones. ing trawl nets are out of the water and stowed on the reel and any other fish- ing gear that is prohibited in these areas is onboard, out of the water, and FIGURE 1 TO PART 648 not deployed. Fishing gear is not re-

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[77 FR 26127, May 2, 2012] PARTS 655–659 [RESERVED]

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