50 CFR Part 648 — Fisheries of the Northeastern United States

PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES Authority: 16 U.S.C. 1801 et seq. Source: 61 FR 34968, July 3, 1996, unless otherwise noted. Editorial Note: Nomenclature changes to part 648 appear at 62 FR 14651, Mar. 27, 1997. Subpart A—General Provisions § 648.1 Purpose and scope. (a) This part implements the fishery management plans (FMPs) for the Atlantic mackerel, Atlantic chub mackerel, longfin squid, Illex (b) This part governs domestic fishing only. Foreign fishing is governed under subpart F of part 600 of this chapter. [61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996; 62 FR 13299, Mar. 20, 1997; 65 FR 1568, Jan. 11, 2000; 65 FR 77464, Dec. 11, 2000; 66 FR 49192, Sept. 26, 2001; 67 FR 63229, Oct. 10, 2002; 68 FR 49699, Aug. 19, 2003; 76 FR 60649, Sept. 29, 2011; 82 FR 52855, Nov. 15, 2017; 85 FR 47109, Aug. 4, 2020] § 648.2 Definitions. In addition to the definitions in the Magnuson Act and in § 600.10 of this chapter, the terms used in this part have the following meanings: Alewife Alosa pseudoharengus. American lobster lobster Homarus americanus. American shad Alosa sapidissima. Annual catch entitlement (ACE), At-sea monitor, Atlantic butterfish butterfish Peprilus triacanthus. Atlantic Chub Mackerel Management Unit Atlantic croaker Micropogonias undulatus. Atlantic deep-sea red crab (red crab) Chaceon quinquedens. Atlantic hagfish Myxine glutinosa. Atlantic herring Clupea harengus. Atlantic herring carrier Atlantic herring dealer (1) Any person who purchases or receives for a commercial purpose other than solely for transport or pumping operations any herring from a vessel issued a Federal Atlantic herring permit, whether offloaded directly from the vessel or from a shore-based pump, for any purpose other than for the purchaser's own use as bait; (2) Any person owning or operating a processing vessel that receives any Atlantic herring from a vessel issued a Federal Atlantic herring permit whether at sea or in port; or (3) Any person owning or operating an Atlantic herring carrier that sells Atlantic herring received at sea or in port from a vessel issued a Federal Atlantic herring permit. Atlantic herring offload Atlantic herring processor Atlantic herring transfer at-sea Atlantic mackerel Scomber scombrus. Atlantic salmon Salmo salar. Atlantic sea scallop scallop Placopecten magellanicus, Beam trawl Black sea bass Centropristis striata. Black Sea Bass Monitoring Committee Black sea bass pot or black sea bass trap Blowfish (puffer) Blueback herring Alosa aestivalis. Bluefish Pomotomus saltatrix. Bluefish Monitoring Committee Blueline tilefish Caulolatilus microps. Bonito Sarda sarda. Border transfer (BT) Bottom-tending mobile gear, Bridles Brush-sweep trawl gear Bushel 3 Cage 3 Calendar day, Chafing gear cookies, Charter party boat Circle hook, Combination vessel Commercial fishing fishing commercially Commission Common pool trip, Common pool vessel, Conger eel Conger oceanicus. Continuous transit or transit, Council Illex Councils Cunner Tautogolabrus adspersus. DAS flip DAS Lease, DAS Lessee, DAS Lessor, Day(s)-at-Sea Dealer Dealer code De-hooker, Directed fishery, Illex Dockside/roving monitor, Dredge dredge gear, Dredge bottom, Dredge top, Dredge vessel, Electronic monitoring Electronic monitoring audit model Electronic monitoring data e.g., Electronic monitoring maximized retention model Electronic monitoring provider staff Exempted gear, Fishing circle Fishing trip trip Fishing year (1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the following year. (2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through March 31 of the following year (for 2017, the Atlantic sea scallop fishing year will be from March 1, 2017, through March 31, 2018). (3) For the NE multispecies, monkfish and skate fisheries, from May 1 through April 30 of the following year. (4) For all other fisheries in this part, from January 1 through December 31. Fixed gear, Flatfish gillnets FMP Fourspot flounder Paralichthys oblongus. Full-processing (fully process or fully processed), with respect to the Atlantic deep-sea red crab fishery, Gillnet gear capable of catching multispecies Golden tilefish Lopholatilus chamaeleonticeps. Gross registered tonnage Ground cables Hagfish Myxine glutinosa. Hail Weight Handgear, Handline handline gear Harbor porpoise Phocoena phocoena. Harbor Porpoise Review Team (HPRT) Hickory shad Alosa mediocris. Hook gear Illex Illex illecebrosus Incidental catch, Illex Illex Incidental Total Allowable Catch (TAC) Individual Transferable Quota (ITQ) Program Inshore exempted species Bay scallop— Aequipecten irradians. Blood arc clam— Anadara ovalis. Blood worm— Glycera dibranchiata. Blue crab— Callinectes similis Callinectes sapidus. Blue mussel— Mytilus edulis. Green crab— Carcinus maenas. Hermit crab— Clibanarius vittatus Pagurus pollicaris Pagurus longicarpus. Japanese shore crab— Hemigrapsus sanguineus. Oyster— Crassostrea virginica Ostrea edulis. Quahog— Mercenaria mercenaria. Razor clam— Ensis directus. Sand worm— Neresis virens. Soft clam— Mya arenaria. Spider crab Libinia emarginata. Interest in an IFQ allocation IVR System Jigging John Dory Zenopsis conchifera. JVPt, with respect to the Atlantic herring fishery, Land Lessee (1) A vessel owner who receives temporarily transferred NE multispecies DAS from another vessel through the DAS Leasing Program specified at § 648.82(k); or (2) A person or entity eligible to hold golden tilefish IFQ allocation, who receives temporarily transferred golden tilefish IFQ allocation, as specified at § 648.294(e)(1). Lessor (1) A vessel owner who temporarily transfers NE multispecies DAS to another vessel through the DAS Leasing Program specified at § 648.82(k); or (2) An IFQ allocation permit holder who temporarily transfers golden tilefish IFQ allocation, as specified at § 648.294(e)(1). Limited access general category (LAGC) scallop vessel Limited access herring vessel Limited access scallop vessel Liner Link, 3/8 7/16 Little tunny Euthynnus alleteratus. Longfin squid Doryteuthis (Amerigo) pealeii Loligo pealeii Longhorn sculpin Myoxocephalus octodecimspinosus. Longline gear Low-profile gillnet gear i.e., Mackerel, Squid, and Butterfish Monitoring Committee Mahogany Quahog Ocean Quahog Maine bushel Maine mahogany quahog zone MCSP Menhaden Brevoortia tyrannus. Mid-Atlantic forage species (1) Anchovies (family Engraulidae), including but not limited to the following species : (i) Striped anchovy- Anchoa hepsetus. (ii) Dusky anchovy- Anchoa lyolepis. (iii) Bay anchovy- Anchoa mitchilli. (iv) Silver anchovy- Engraulis eurystole. (2) Argentines (family Argentinidae), including but not limited to the following species: (i) Striated argentine- Argentina striata. (ii) Pygmy argentine- Glossanodon pygmaeus. (3) Greeneyes (family Chlorophthalmidae), including but not limited to the following species: (i) Shortnose greeneye- Chlorophthalmus agassizi. (ii) Longnose greeneye- Parasudis truculenta. (4) Halfbeaks (family Hemiramphidae), including but not limited to the following species: (i) Flying halfbeak- Euleptorhamphus velox. (ii) Balao- Hemiramphus balao. (iii) Ballyhoo- Hemiramphus brasiliensis. (iv) False silverstripe halfbeak/American halfbeak/Meek's halfbeak- Hyporhamphus meeki. (5) Herrings and Sardines (family Clupeidae). With the exception of other herring and sardine species managed under this part, including American shad, Atlantic herring, blueback herring, hickory shad, and river herring/alewife, as defined in this section, the following herring and sardine species are Mid-Atlantic forage species: (i) Round herring- Etrumeus teres. (ii) Scaled sardine- Harengula jaguana. (iii) Atlantic thread herring- Opisthonema oglinum. (iv) Spanish sardine- Sardinella aurita. (6) Lanternfishes (family Myctophidae), including but not limited to the following species: (i) Horned lanternfish- Ceratoscopelus maderensis. (ii) Dumril's headlightfish- Diaphus dumerilii. (iii) Crocodile lanternfish- Lampanyctus crocodilus. (iv) Doflein's false headlightfish- Lobianchia dofleini. (v) Spotted lanternfish- Myctophum punctatum. (7) Pearlsides (family Sternoptychidae), including but not limited to the following species: (i) Atlantic silver hatchetfish- Argyropelecus aculeatus. (ii) Muller's pearlside- Maurolicus muelleri. (iii) Weizman's pearlside- Maurolicus weitzmani. (iv) Slope hatchetfish- Polyipnus clarus. (8) Sand lances (family Ammodytidae), including but not limited to the following species: (i) American/inshore sand lance- Ammodytes americanus. (ii) Northern/offshore sand lance- Ammodytes dubius. (9) Silversides (family Atherinopsidae), including but not limited to the following species: (i) Rough silverside- Membras martinica. (ii) Inland silverside- Menidia beryllina. (iii) Atlantic silverside- Menidia menidia. (10) Cusk-eels (order Ophidiiformes), including but not limited to the following species: (i) Chain pearlfish- Echiodon dawsoni. (ii) Fawn cusk-eel- Lepophidium profundorum. (iii) Striped cusk-eel- Ophidion marginatum. (11) Atlantic saury- Scomberesox saurus. (12) Pelagic mollusks and cephalopods, excluding sharptail shortfin squid ( Illex oxygonius (i) Neon flying squid- Ommastrephes bartramii. (ii) European flying squid- Todarodes sagittatus. (iii) Atlantic brief squid- Lolliguncula brevis. (iv) Bobtail squids (family Sepiolidae), including but not limited to the following species: (A) Odd bobtail squid- Heteroteuthis dispar. (B) Big fin bobtail squid- Rossia megaptera. (C) Warty bobtail squid -Rossia palpebrosa. (D) Lesser bobtail squid- Semirossia tenera. (E) Butterfly bobtail squid -Stoloteuthis leucoptera. (v) Sea angels and sea butterflies (orders Gymnosomata and Thecosomata). (vi) Tuberculate pelagic octopus- Ocythoe tuberculata. (13) Species under one inch as adults, including but not limited to the following species groups: (i) Copepods (subclass Copepoda). (ii) Krill (order Euphausiacea). (iii) Amphipods (order Amphipoda). (iv) Ostracods (class Ostracoda). (v) Isopods (order Isopoda). (vi) Mysid shrimp (order Mysidacea). Midwater trawl gear Mobile gear Monkfish, anglerfish goosefish, Lophius americanus. Monkfish gillnets Monkfish Monitoring Committee Monkfish-only DAS MTU Mullet Multispecies frames, Multispecies Monitoring Committee NAFO NAFO Convention Area NAFO Regulatory Area NEFSC NE Skate Complex (skates) Leucoraja ocellata Dipturis laevis Amblyraja radiata Malacoraja senta Leucoraja erinacea Raja eglanteria Leucoraja garmani Net tonnage (NT) Non-exempt gillnet fishery Non-exempt species Northeast (NE) multispecies or multispecies American plaice— Hippoglossoides platessoides. Atlantic cod— Gadus morhua. Atlantic halibut— Hippoglossus hippoglossus. Atlantic wolffish— Anarhichas lupus. Haddock— Melanogrammus aeglefinus. Ocean pout— Macrozoarces americanus. Offshore hake— Merluccius albidus. Pollock— Pollachius virens. Redfish— Sebastes fasciatus. Red hake— Urophycis chuss. Silver hake (whiting)— Merluccius bilinearis. White hake— Urophycis tenuis. Windowpane flounder— Scophthalmus aquosus. Winter flounder— Pleuronectes americanus. Witch flounder— Glyptocephalus cynoglossus. Yellowtail flounder— Pleuronectes ferruginea. Northern shrimp Pandalus borealis. Not available for immediate use (1) Nets Below-deck stowage. (B) The net is fan-folded (flaked) and bound around its circumference. (ii) On-deck stowage. (B) The net is securely fastened to the deck or rail of the vessel; and (C) The towing wires, including the leg wires, are detached from the net. (iii) On-reel stowage. (B) The codend of the net is removed from the net and stored below deck; and (C) The entire surface of the net is covered and securely bound by: ( 1 ( 2 (iv) On-reel stowage for vessels transiting the Gulf of Maine Rolling Closure Areas and the Georges Bank Seasonal Closure Area. Gulf of Maine Rolling Closure Areas and the Georges Bank Seasonal Closure Area, (B) No containment rope, codend tripping device, or other mechanism to close off the codend is attached to the codend; (C) The entire surface of the net is covered and securely bound by: ( 1 ( 2 (2) Scallop dredges. (ii) The towing wire is detached from the dredge and attached to a bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, with the towing wire left in its normal operating position (through the various blocks) and either is wound back to the first block (in the gallows) or is suspended at the end of the lifting block where its retrieval does not present a hazard to the crew and where it is readily visible from above. (3) Hook gear (other than pelagic). (4) Sink gillnet gear. (5) Other methods of stowage. Federal Register. Observer or monitor Ocean quahog Arctica islandica. Offload offloading Open areas, Operational discards in the Atlantic herring fishery Operator Out of the monkfish fishery Out of the multispecies fishery Ownership interest, Pair trawl or pair trawling Parlor trap/pot Pelagic hook and line gear Pelagic longline gear Permit year (1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the following year; (2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through the last day of March of the following year (for 2017, the Atlantic sea scallop permit year will be from March 1, 2017, through March 31, 2018); (3) For all other fisheries in this part, from May 1 through April 30 of the following year. Personal use, Person who receives bluefish for commercial purposes Postmark Potential Sector contribution (PSC), Prior to leaving port Private recreational fishing vessel, Processing, or to process, with respect to the Atlantic herring fishery, Processor, with respect to the Atlantic surfclam and ocean quahog fisheries, Purse seine gear Quota-managed species Raw, Records, Recreational fishing Recreational fishing vessel, Red Crab Management Unit Red crab trap/pot Red crab trip, Regional Administrator Regulated fishery Regulated species, Reporting month Reporting week Re-rig re-rigged Rigged hooks River herring Alosa pseudoharengus Alosa aestivalis Rockhopper and roller gear Rod and reel Roundfish gillnets Runaround gillnet or encircling gillnet 1/4 1/4 Scallop dredge vessel Scup Stenotomus chrysops. Scup Monitoring Committee Scup pot or trap Sea Scallop Access Area, Scallop Access Area, Access Area, Sea Scallop Plan Development Team (PDT) Sea Scallop Rotational Area, Scallop Rotational Area, Rotational Area, Sea raven Hemitripterus americanus. Searobin Sector, Sector trip, Sector vessel, Set-only trip Shad Alosa sapidissima Alosa mediocris Shucking to shuck Shucking machine Sink gillnet bottom-tending gillnet Skate Leucoraja ocellata Dipturis laevis Amblyraja radiata Malacoraja senta Leucoraja erinacea Raja eglanteria Leucoraja garmani Skate Management Unit Slippage in the Atlantic herring fishery Slip(s) or slipping catch in the Atlantic herring fishery Small-mesh multispecies Smooth dogfish Mustelis canis. Sorting machine, with respect to the Atlantic sea scallop fishery, Spiny dogfish Squalus acanthias. Spiny Dogfish Monitoring Committee Spot Leiostomus xanthurus. Square mesh, Squid Doryteuthis (Amerigo) pealeii, Loligo pealeii Illex illecebrosus. Standard tote State-operated permit bank Static gear, Stock of concern, Straight line, Stretched mesh Sub-lease, Summer flounder Paralichthys dentatus. Summer Flounder Monitoring Committee Surfclams Spisula solidissima. Sweep Swordfish Xiphias gladius. Target total allowable catch (TAC) Tautog Tautoga onitas. Tied up to the dock tying up at a dock Tilefish Tilefish FMP Monitoring Committee Tilefish Management Unit Lopholatilus chamaeleonticeps Caulolatilus microps) Total Length Total Length (TL) Transboundary Management Guidance Committee (TMGC), Transboundary Resource Advisory Committee (TRAC), Transfer Transferee Transferor Trawl Trawl sweep Trip Identifier Tub-trawl, Tuna purse seine gear, Under construction Upon returning to port, U.S. at-sea processing (USAP), with respect to the Atlantic herring fishery, U.S./Canada Steering Committee, Used DAS baseline, Vessel length Vessel Monitoring System (VMS) Video reviewer VMS unit Weakfish Cynoscion regalis. WGOM cod northern portion WGOM cod southern portion Whiting Merluccius bilinearis. Whiting Monitoring Committee (WMC) [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 648.3 Relation to other laws. (a) The relation of this part to other laws is set forth in § 600.705. (b) Nothing in these regulations supersedes more restrictive state management measures for any of the species referenced in § 648.1 and, for Atlantic salmon, more restrictive local management measures. § 648.4 Vessel permits. (a) Fishery specific permit information NE multispecies vessels. (i) Limited access multispecies permits Eligibility. 1 2 ( 1 ( 2 ( 3 Application/renewal restrictions. (B) Application/renewal restrictions. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. ( 1 ( 2 (F) Upgraded vessel. ( 1 ( 2 (G) Consolidation restriction. (H) Vessel baseline specifications. (I) Limited access permit restrictions. 1 2 ( 2 1 (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of a limited access or moratorium permit. (L) Restriction on permit splitting. (M) Appeal of denial of permit—(1) Eligibility. ( 2 Appeal review. ( 3 Status of vessels pending appeal. (N) Accumulation limits 1 5-percent permit/CPH restriction ( 2 PSC limit 4 ( 3 Grandfather provision 1 2 ( 4 (ii) Open access permits. (2) Atlantic sea scallop vessels (i) Limited access scallop permits. (A) Eligibility. (B) Application/renewal restrictions. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline specifications. (I) Limited access permit restrictions. (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (M) Percentage ownership restrictions. 1 ( 2 M ( 3 (N) [Reserved] (O) Replacement vessels. (P) VMS requirement. (ii) LAGC scallop permits. (A) Individual fishing quota LAGC permit. (B) Northern Gulf of Maine LAGC permit. (C) Incidental catch LAGC permit. (D) Eligibility for an IFQ scallop permit. 1 2 1 2 1 2 ( 1 Permit criterion. ( 2 Landings criterion. 1 (E) Contribution factor for determining a vessel's IFQ. (F) Eligibility for NGOM or Incidental scallop permit. (G) LAGC permit restrictions 1 Change of permit category i IFQ scallop permit. ( ii NGOM and Incidental scallop permit. 1 ii ( 2 VMS requirement. (H) Application/renewal restrictions. (I) Qualification restriction. 1 ( 2 ( 3 (J) Change in ownership. (K) Replacement vessels. (L) Confirmation of Permit History. (M) Abandonment or voluntary relinquishment of permits. (N) Restriction on permit splitting. 2 3 (O) Appeal of denial of permit 1 Eligibility. ( 2 Contribution factor appeals. ( 3 Appeal review. ( 4 Status of vessels pending appeal. (3) Summer flounder vessels. (i) Moratorium permits Eligibility. (B) Application/renewal restriction. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline specifications. (I) [Reserved] (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (ii) Party and charter boat permits. (iii) Exemption permits. Federal Register. (4) Surfclam and ocean quahog vessels. (i) Maine mahogany quahog permit. ( 1 ( 2 (B) Application/renewal restriction. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline specifications. (I) [Reserved] (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (M) Appeal of denial of a permit. 1 ( 2 ( 3 ( 4 (ii) VMS Requirement. Surfclam and ocean quahog open access permits. (B) Maine mahogany quahog limited access permit. 1 ( 1 Special VMS exemption for Maine mahogany quahog vessels. ( 2 (5) Mackerel, squid, and butterfish vessels. Illex (i) Longfin squid moratorium permits Eligibility. 1 3 ( 1 Tier 1 longfin squid moratorium permit. 1 ( 2 Tier 2 longfin squid moratorium permit. 1 ( 3 Tier 3 longfin squid moratorium permit. (B) Application/renewal restriction. 1 2 1 3 (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline specifications. (I) One-time longfin squid moratorium permit swap. ( 1 ( 2 ( 3 ( 4 (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (M) Appeal of permit denial 1 Eligibility. ( 2 Appeal review. ( i Appeal request. 3 ( ii Reconsideration. 2 i ( 3 Status of vessels pending appeal. (ii) Illex squid and butterfish moratorium permits Eligibility. Illex Illex (B) Application/renewal restriction. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. Illex (G) Consolidation restriction. (H) Vessel Baseline specifications. 1 Illex Illex 2 1 Illex ( 2 Illex 1 Illex ( 3 Illex 1 Illex 1 (I) [Reserved] (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (iii) Limited access Atlantic mackerel permits. Vessel size restriction. (B) Limited access mackerel permits. (C) Eligibility criteria for Atlantic mackerel permits. (D) Application/renewal restrictions. (E) Qualification restrictions. (F) Change of ownership. (G) Replacement vessels. (H) Vessel baseline specification. 1 1 ( 2 1 (I) Upgraded vessel. (J) Consolidation restriction. (K) Confirmation of permit history. (L) Abandonment or voluntary relinquishment of permits. (iv) Open access mackerel permits. (v) Party and charter boat permits. Illex (vi) Squid/butterfish incidental catch permit. Illex (6) Scup vessels. (i) Moratorium permit Eligibility. (B) Application/renewal restriction. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline specifications. (I) [Reserved] (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (ii) Party and charter boat permit. (7) Black sea bass vessels. (i) Moratorium permits Eligibility. (B) Application/renewal restrictions. (C) Qualification restriction. (D) Change in ownership. (E) Replacement vessels. (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline specifications. (I) [Reserved] (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (ii) Party and charter boat permit. (8) Atlantic bluefish vessels. Commercial. (ii) Party and charter vessels. (9) Monkfish vessels. (i) Limited access monkfish permits. Eligibility. ( 1 Category A permit (vessels without NE multispecies or scallop limited access DAS permits). ( 2 Category B permit (vessels less than 51 gross registered tonnage (GRT) without NE multispecies or scallop limited access DAS permits that do not qualify for a Category A permit). ( 3 Category C permit (vessels with NE multispecies or scallop limited access DAS permits). ( 4 Category D permit (all vessels with NE multispecies limited access DAS permits and vessels less than 51 GRT with scallop limited access DAS permits that do not qualify for a Category C permit). ( 5 Category F permit (vessels electing to participate in the Offshore Fishery Program ( 6 Category G permit (vessels restricted to fishing south of 38°40′ N. lat. As described in § 648.92(b) that do not qualify for a monkfish limited access Category A, B, C, or D permit). ( 7 Category H permit (vessels restricted to fishing south of 38°40′ N. lat. As described in § 648.92(b) that do not qualify for a monkfish limited access Category A, B, C, D, or G permit). (B) Application/renewal restrictions. 6 7 (C) Qualification restrictions. 1 ( 2 Vessels under agreement for construction or under reconstruction. (D) Change in ownership. 1 ( 2 (E) Replacement vessels. 1 ( 2 2 4 ( 3 1 2 3 4 ( 4 (F) Upgraded vessel. 1 ( 2 2 4 (G) Consolidation restriction. (H) Vessel baseline specification. (I) [Reserved] (J) Confirmation of permit history. (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (ii) Monkfish incidental catch vessels (Category E). (10) Atlantic herring vessels (A) A vessel that possesses herring solely for its use as bait, providing the vessel does not use or have on board purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on any trip in which herring is fished for, possessed, or landed, and does not transfer, sell, trade, or barter such herring; (B) A skiff or other similar craft used exclusively to deploy the net in a purse seine operation during a fishing trip of a vessel that is duly permitted under this part; or (C) At-sea processors that do not harvest fish, provided that at-sea processor vessels are issued the at-sea processor permit specified under § 648.6(a)(2). (ii) Atlantic herring carrier. (iii) Vessel size limitation. (iv) Limited access herring permits. 1 3 ( 1 Category A Herring Permit (All Areas Limited Access Herring Permit). ( 2 Category B Herring Permit (Areas 2 and 3 Limited Access Herring Permit). ( 3 Category C Herring Permit (Limited Access Incidental Catch Herring Permit). i 1 2 ( ii 1 2 (B) Eligibility for Category A and B Herring Permits, and Confirmation of Permit History (CPH). 1 2 3 ( 1 Permit history criteria for Category A and B Herring Permits. i ( ii ( 2 Landings criteria for the Category A Herring Permit i e.g., 2 iii 1 ii ( ii Extension of eligibility period for landings criteria for vessels under construction, reconstruction, or purchase contract. 2 i ( iii ( 3 Landings criteria for the Category B Herring Permit. i e.g., 2 iii 1 ii ( ii Extension of eligibility period for landings criteria for vessels under construction, reconstruction or purchase contract. 3 i ( iii Landings criteria for vessels using landings from pair trawl operations. 2 iii ( 4 CPH. 1 ii (C) Eligibility for Category C Herring Permit, and CPH. 1 2 ( 1 Permit history criteria. i Illex ( ii Illex ( 2 Landings criteria for Category C Herring Permit. i e.g., 2 iii 1 ii ( ii Extension of eligibility period for landings criteria for vessels under construction, reconstruction or purchase contract. 2 i ( 3 CPH. 1 ii (D) Application/renewal restrictions. 1 ( 2 ( 3 (E) Qualification restriction. (F) Change in ownership. (G) Replacement vessels. (H) Upgraded vessel. (I) Consolidation restriction. (J) Vessel baseline specifications. (K) Limited access permit restrictions. (L) Confirmation of Permit History. (M) Abandonment or voluntary relinquishment of permits. (N) Restriction on permit splitting. (O) Appeal of denial of permit 1 Eligibility. ( 2 Appeal review. ( 3 Status of vessels pending appeal. (v) Open access herring permits. (A) A Category D Herring Permit ( All Areas Open Access Herring Permit (B) A Category E Herring Permit ( Areas 2/3 Open Access Herring Permit (11) Spiny dogfish vessels. (12) Tilefish vessels Commercial vessel permits. (A) A commercial vessel must fish under the authorization of a golden tilefish IFQ allocation permit, issued pursuant to § 648.294, to possess, or land golden tilefish in excess of the trip limit as specified under § 648.295(a). (B) [Reserved] (ii) Party and charter vessel permits. (iii) Private recreational vessel permits. (13) Red Crab vessels. (i) Limited access red crab permit Eligibility. (B) Application/renewal restrictions. (C) Qualification restrictions. (D) Change in ownership. (E) Replacement vessels. 1 ( 2 (F) Upgraded vessel. (G) Consolidation restriction. (H) Vessel baseline length. (I) Limited access permit restrictions. (J) Confirmation of permit history (CPH). (K) Abandonment or voluntary relinquishment of permits. (L) Restriction on permit splitting. (ii) Red crab incidental catch permit. (14) Skate vessels. (15) Mid-Atlantic forage species. (b) Permit conditions. Federal Register Federal Register (ii) Any person who applies for or has been issued a limited access or moratorium permit on or after September 4, 2007 agrees, as a condition of the permit, that the vessel may not fish for, catch, possess, or land, in or from Federal or state waters, any species of fish authorized by the permit, unless and until the permit has been issued or renewed in any subsequent permit year, or the permit either has been voluntarily relinquished pursuant to paragraph (a)(1)(i)(K) of this section or otherwise forfeited, revoked, or transferred from the vessel. (2) A vessel that is issued or renewed a limited access or moratorium permit on or after September 4, 2007 for any fishery governed under this section is prohibited from fishing for, catching, possessing, and/or landing any fish for which the vessel would be authorized under the respective limited access or moratorium permit in or from state and/or Federal waters in any subsequent permit year, unless and until the limited access or moratorium permit has been issued or renewed pursuant to paragraph (a)(1)(i)(B) of this section and the valid permit is on board the vessel. This prohibition does not apply to a vessel for which the limited access or moratorium permit has been voluntarily relinquished pursuant to paragraph (a)(1)(i)(K) of this section or otherwise forfeited, revoked, or transferred from the vessel. (c) Permit applications General. (2) Vessel permit information requirements (A) An application for a private recreational tilefish permit issued under this section, in addition to the information specified in paragraph (c)(1) of this section, also must contain at least the following information, and any other information required by the Regional Administrator: Vessel name, owner name or name of the owner's authorized representative; mailing address and telephone number; USCG documentation number and a copy of the vessel's current USCG documentation or, for a vessel not required to be documented under title 46 U.S.C., the vessel's state registration number and a copy of the current state registration. (B) [Reserved] (ii) An application for an initial limited access multispecies hook-gear permit must also contain the following information: (A) If the engine horsepower was changed or a contract to change the engine horsepower had been entered into prior to July 1, 1996, such that it is different from that stated in the vessel's most recent application for a Federal fisheries permit before July 1, 1996, sufficient documentation to ascertain the different engine horsepower. However, the engine replacement must be completed within 1 year of the date on which the contract was signed. (B) If the length, GRT, or NT was changed or a contract to change the length, GRT, or NT had been entered into prior to July 1, 1996, such that it is different from that stated in the vessel's most recent application for a Federal fisheries permit, sufficient documentation to ascertain the different length, GRT, or NT. However, the upgrade must be completed within 1 year from the date on which the contract was signed. (iii) An application for a limited access NE multispecies permit must also contain the following information: (A) For vessels fishing for NE multispecies with gillnet gear, with the exception of vessels fishing under the Small Vessel permit category, an annual declaration as either a Day or Trip gillnet vessel designation as described in § 648.82(j). A vessel owner electing a Day gillnet designation must indicate the number of gillnet tags that he/she is requesting, and must include a check for the cost of the tags, unless the vessel already possesses valid gillnet tags, as identified by the Regional Administrator. A permit holder letter will be sent to the owner of each eligible gillnet vessel, informing him/her of the costs associated with this tagging requirement and providing directions for obtaining valid tags. Once a vessel owner has elected this designation, he/she may not change the designation or fish under the other gillnet category for the remainder of the fishing year. Incomplete applications, as described in paragraph (e) of this section, will be considered incomplete only for the purposes of obtaining authorization to fish in the NE multispecies gillnet fishery and otherwise will be processed or issued without a gillnet authorization. (B)—(C) [Reserved] (iv) An application for a scallop permit must also contain the following information: (A) For every person named by applicants for limited access scallop permits pursuant to paragraph (c)(2)(i) of this section, the names of all other vessels in which that person has an ownership interest and for which a limited access scallop permit has been issued or applied for. (B) If applying for a VMS general scallop permit, or full-time or part-time limited access scallop permit, or if opting to use a VMS unit, a copy of the vendor installation receipt or proof of vendor activation of the VMS from a NMFS-approved VMS vendor. NMFS-approved vendors are described in § 648.9. (C) If applying to fish under the small dredge program set forth under § 648.51(e), an annual declaration into the program. (v) An application for a surf clam and ocean quahog permit must also contain the pump horsepower. (vi) Prior to issuance of a limited access Atlantic herring permit, a VMS unit provided by a NMFS-approved vendor must be installed and NMFS must receive a notice from the vendor that the VMS is activated. (vii) The owner of a vessel that has been issued a Tier 1 or Tier 2 limited access Atlantic mackerel must submit a volumetric fish hold certification measurement, as described in paragraph (a)(5)(iii)(H) of this section, with the permit renewal application for the 2013 fishing year. (viii) The owner of a vessel that has been issued a limited access Illex (ix) An application for limited access Illex (d) Fees. (e) Issuance. (i) The applicant has failed to submit a complete application. An application is complete when all requested forms, information, documentation, and fees, if applicable, have been received and the applicant has submitted all applicable reports specified in § 648.7; (ii) The application was not received by the Regional Administrator by the applicable deadline set forth in this section; (iii) The applicant and applicant's vessel failed to meet all applicable eligibility requirements set forth in this section; (iv) An applicant for a limited access multispecies combination vessel or individual DAS permit, a limited access scallop permit (except an occasional scallop permit), an LAGC scallop permit, or electing to use a VMS, has failed to meet all of the VMS requirements specified in §§ 648.9 and 648.10; or (v) The applicant has failed to meet any other application requirements stated in this part. (2) Incomplete applications. (f) Change in permit information. (g) Expiration. (h) Duration. (i) Alteration. (j) Reissuance. (k) Transfer. (l) Display. (m) Sanctions. (n) Federal grant awards. [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 648.5 Operator permits. (a) General. Illex (b) Operator permit application. (c) Condition. (d) Information requirements. (e) Fees. (f) Issuance. (g) Expiration. (h) Duration. (i) Reissuance. (j) Transfer. (k) Change in permit application information. (l) Alteration. (m) Display. (n) Sanctions. (o) Vessel owner responsibility. [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 648.6 Dealer/processor permits. (a) General. Illex Illex (2) At-sea processors At-sea mackerel processors. (ii) Atlantic herring at-sea processing permit. (iii) Reporting requirements. (b) Dealer/processor permit applications. (c) Information requirements. (d) Fees. (e) Issuance. (f) Expiration. (g) Duration. (h) Reissuance. (i) Transfer. (j) Change in application information. (k) Alteration. (l) Display. (m) Federal versus state requirements. (n) Sanctions. [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 648.7 Recordkeeping and reporting requirements. (a) Dealers. (i) Required information. (ii) Exceptions. (A) Inshore Exempted Species, as defined in § 648.2, are not required to be reported under this part; (B) When purchasing or receiving fish from a vessel landing in a port located outside of the Greater Atlantic Region (Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only purchases or receipts of species managed by the Greater Atlantic Region under this part, and American lobster, managed under part 697 of this chapter, must be reported. Other reporting requirements may apply to those species not managed by the Northeast Region, which are not affected by this provision; and (C) Dealers issued a permit for Atlantic bluefin tuna under part 635 of this chapter are not required to report their purchases or receipts of Atlantic bluefin tuna under this part. Other reporting requirements, as specified in § 635.5 of this chapter, apply to the receipt of Atlantic bluefin tuna. (2) System requirements. (3) Annual report. (i) All dealers and processors issued a permit under this part must complete all sections of the Annual Processed Products Report for all species that were processed during the previous year. Reports must be submitted to the address supplied by the Regional Administrator. (ii) Surfclam and ocean quahog processors and dealers whose plant processing capacities change more than 10 percent during any year shall notify the Regional Administrator in writing within 10 days after the change. (iii) Atlantic herring processors, including processing vessels, must complete and submit all sections of the Annual Processed Products Report. (iv) Atlantic hagfish processors must complete and submit all sections of the Annual Processed Products Report. (4) [Reserved] (b) Vessel owners or operators Fishing Vessel Trip Reports. (i) Vessel owners or operators. (A) Vessel name; (B) USCG documentation number (or state registration number, if undocumented); (C) Permit number; (D) Date/time sailed; (E) Date/time landed; (F) Trip type; (G) Number of crew; (H) Number of anglers (if a charter or party boat); (I) Gear fished; (J) Quantity and size of gear; (K) Mesh/ring size; (L) Chart area fished; (M) Average depth; (N) Latitude/longitude; (O) Total hauls per area fished; (P) Average tow time duration; (Q) Hail weight, in pounds (or count of individual fish, if a party or charter vessel), by species, of all species, or parts of species, such as monkfish livers, landed or discarded; and, in the case of skate discards, “small” ( i.e., i.e., (R) Dealer permit number; (S) Dealer name; (T) Date sold, port and state landed; and (U) Vessel operator's name, signature, and operator's permit number (if applicable). (ii) [Reserved] (iii) Surfclam and ocean quahog owners or operators. (A) Total amount in bushels of surfclams and/or ocean quahogs taken; (B) Price per bushel; (C) Tag numbers from cages used; and (D) Allocation permit number. (iv) Private tilefish recreational vessel owners and operators. The owner or operator of any fishing vessel that holds a Federal private recreational tilefish permit, must report for each recreational trip fishing for or retaining blueline or golden tilefish in the Tilefish Management Unit. The required Vessel Trip Report must be submitted by electronic means. This report must be submitted through a NMFS-approved electronic reporting system within 24 hours of the trip returning to port. The vessel operator may keep paper records while onboard and upload the data after landing. The report must contain the following information: (A) Vessel name; (B) USCG documentation number (or state registration number, if undocumented); (C) Permit number; (D) Date/time sailed; (E) Date/time landed; (F) Trip type; (G) Number of anglers; (H) Species; (I) Gear fished; (J) Quantity and size of gear; (K) Soak time; (L) Depth; (M) Chart Area; (N) Latitude/longitude where fishing occurred; (O) Count of individual golden and blueline tilefish landed or discarded; and (P) Port and state landed. (2) IVR system reports Atlantic herring vessel owners or operators issued a Category D Herring Permit. (ii) [Reserved] (3) VMS Catch Reports Atlantic herring owners or operators issued a limited access permit or Category E Herring Permit. i.e., (A) The owner or operator of any vessel issued a limited access herring permit ( i.e., (B) Atlantic herring VMS reports are not required from Atlantic herring carrier vessels. (C) Reporting requirements for vessels transferring herring at sea. ( 1 ( 2 ( 3 ( 4 (ii) Atlantic mackerel owners or operators. (iii) Longfin squid moratorium permit owners or operators. (iv) Illex squid moratorium permit owners or operators. Illex Illex Illex Illex Illex Illex (c) When to fill out a vessel trip report. (d) Inspection. (e) Record retention Dealer records. (2) [Reserved] (f) Submitting reports Dealer or processor reports. (ii) From July 15 through December 31, dealer or processor reports documenting Illex (iii) Dealers who want to make corrections to their trip-level reports via the electronic editing features may do so for up to 3 business days following submission of the initial report. If a correction is needed more than 3 business days following the submission of the initial trip-level report, the dealer must contact NMFS directly to request an extension of time to make the correction. (iv) Through April 30, 2005, to accommodate the potential lag in availability of some required data, the trip identifier, price and disposition information required under paragraph (a)(1) may be submitted after the detailed weekly report, but must be received within 16 days of the end of the reporting week or the end of the calendar month, whichever is later. Dealers will be able to access and update previously submitted trip identifier, price, and disposition data. (v) Effective May 1, 2005, the trip identifier required under paragraph (a)(1) of this section must be submitted with the detailed report, as required under paragraphs (f)(1)(i) of this section. Price and disposition information may be submitted after the initial detailed report, but must be received within 16 days of the end of the reporting week. (vi) Annual reports for a calendar year must be postmarked or received by February 10 of the following year. Contact the Regional Administrator (see Table 1 to § 600.502) for the address of NMFS Statistics. (2) Fishing vessel trip reports Timing requirements. (ii) Commercial trips. (iii) Charter/party trips. (iv) Private recreational tilefish trips. (3) At-sea purchasers and processors. (g) Additional data and sampling. (h) At-sea monitor/electronic monitoring reports. [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 648.8 Vessel identification. (a) Vessel name and official number. (1) Affix permanently its name on the port and starboard sides of the bow and, if possible, on its stern. (2) Display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft. The official number is the USCG documentation number or the vessel's state registration number for vessels not required to be documented under title 46 U.S.C. (b) Numerals. (c) Duties of owner. (1) The vessel's name and official number are kept clearly legible and in good repair. (2) No part of the vessel, its rigging, its fishing gear, or any other object obstructs the view of the official number from any enforcement vessel or aircraft. (d) Non-permanent marking. (e) New Jersey surfclam or ocean quahog vessels. (f) Private Recreational Tilefish Vessels. [61 FR 34968, July 3, 1996, as amended at 76 FR 60649, Sept. 29, 2011; 85 FR 43152, July 15, 2020] § 648.9 VMS vendor and unit requirements. (a) Approval. Federal Register, (b) Maintenance. (c) Notification. (d) Revocations. [74 FR 20530, May 4, 2009, as amended at 79 FR 77410, Dec. 24, 2014] § 648.10 VMS and DAS requirements for vessel owners/operators. (a) VMS Demarcation Line. VMS Demarcation Line Description N. lat. W. long. 1. Northern terminus point (Canada landmass) 45°03′ 66°47′ 2. A point east of West Quoddy Head Light 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 Cape Neddick Light 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. (1) A scallop vessel issued a Full-time or Part-time limited access scallop permit, or an LAGC scallop permit; (2) A scallop vessel issued an Occasional limited access permit when fishing under the Sea Scallop Area Access Program specified under § 648.59; (3) A vessel issued a limited access monkfish, Occasional scallop, or Combination permit, whose owner elects to provide the notifications required by this section using VMS, unless otherwise authorized or required by the Regional Administrator under paragraph (d) of this section; (4) A vessel issued a limited access NE multispecies permit that fishes or intends to fish under a NE multispecies Category A or B DAS, or catches regulated species or ocean pout while on a sector trip; or a vessel issued a limited access NE multispecies small vessel category or Handgear A permit that fishes in multiple stock areas pursuant to paragraph (k)(2) of this section; (5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) open access permit; (6) Effective January 1, 2009, a vessel issued a Maine mahogany quahog (OQ 7) limited access permit, unless otherwise exempted under paragraph § 648.4(a)(4)(ii)(B)( 1 (7) A limited access monkfish vessel electing to fish in the Offshore Fishery Program in the SFMA, as provided in § 648.95; and (8) A vessel issued a limited access herring permit ( i.e., (9) A vessel issued a Tier 1, Tier 2, or Tier 3 limited access Atlantic mackerel permit; (10) A vessel issued a Tier 1 or Tier 2 longfin squid moratorium permit; (11) A vessel issued an Illex (12) A vessel issued a butterfish moratorium permit. (c) Operating requirements for all vessels. (i) At least every hour, 24 hr a day, throughout the year; or (ii) For vessels issued a Federal scallop permit and equipped with a VMS unit, at least once every 30 minutes, 24 hours a day, throughout the year, when not on a declared federal scallop trip or when shoreward of the VMS Demarcation Line. With the exception of vessels on a declared state waters exemption trip, all vessels issued a Federal scallop permit and equipped with a VMS unit shall be polled at a minimum of once every 5 minutes when on a declared federal scallop trip and seaward of the VMS Demarcation Line. (2) Power-down exemption. (A) The vessel will be continuously out of the water for more than 72 consecutive hours, the vessel signs out of the VMS program by obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) of this section, and the vessel complies with all conditions and requirements of said letter; (B) The vessel owner signs out of the VMS program for a minimum period of 30 consecutive days by obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) of this section, the vessel does not engage in any fisheries or move from the dock/mooring until the VMS unit is turned back on, and the vessel complies with all conditions and requirements of said letter; (C) [Reserved] (D) The vessel has been issued an LAGC permit, is not in possession of any scallops onboard the vessel, is tied to a permanent dock or mooring, the vessel operator has notified NMFS through VMS by transmitting the appropriate VMS power-down code that the VMS will be powered down, and the vessel is not required by other permit requirements for other fisheries to transmit the vessel's location at all times. Such a vessel must re-power the VMS and submit a valid VMS activity declaration prior to moving from the fixed dock or mooring. VMS codes and instructions are available from the Regional Administrator. (ii) Letter of exemption Application. i.e. (B) Issuance. (d) Presumption. (e) VMS notifications VMS installation notification. (ii) Vessel owners must confirm the VMS unit's operation and communications service to NMFS by calling the Office of Law Enforcement (OLE) to ensure that position reports are automatically sent to and received by NMFS OLE. (iii) NMFS does not regard the fishing vessel as meeting the VMS requirements until automatic position reports and a manual declaration are received. (iv) If a vessel has already been issued a limited access permit without the owner providing such documentation, the Regional Administrator shall allow at least 30 days for the vessel to install an operational VMS unit that meets the minimum performance criteria, and for the owner to provide documentation of such installation to the Regional Administrator. (v) The owner of a vessel issued a limited access NE multispecies permit that fishes or intends to fish under a NE multispecies Category A or B DAS, or that catches regulated species or ocean pout while on a sector trip, as specified in paragraph (b)(4) of this section, must provide documentation to the Regional Administrator that the vessel has an operational VMS unit installed on board, meeting all requirements of this part, prior to fishing under a NE multispecies DAS or under the provisions of an approved sector operations plan. (vi) NMFS shall provide notification to all affected permit holders providing detailed information on procedures pertaining to VMS purchase, installation, and use. (2) Replacement VMS installations. (3) Access. (4) Tampering. (5) Fishery participation notification. (ii) Notification that the vessel is not under the DAS program, the Access Area Program, the LAGC IFQ or NGOM scallop fishery, or any other fishery requiring the operation of VMS, must be received by NMFS prior to the vessel leaving port. A vessel may not change its status after the vessel leaves port or before it returns to port on any fishing trip, unless the vessel is a scallop vessel and is exempted, as specified in paragraph (f) of this section. (iii) DAS counting for a vessel that is under the VMS notification requirements of paragraph (b) of this section, with the exception of vessels that have elected to fish exclusively in the Eastern U.S./Canada Area on a particular trip, as described in paragraph (e)(5) of this section, begins with the first location signal received showing that the vessel crossed the VMS Demarcation Line after leaving port. DAS counting ends with the first location signal received showing that the vessel crossed the VMS Demarcation Line upon its return to port, unless the vessel is declared into a limited access scallop DAS trip and, upon its return to port, declares out of the scallop fishery shoreward of the VMS Demarcation Line at or south of 39° N. lat., as specified in paragraph (f)(6) of this section, and lands in a port south of 39° N. lat. (iv) For those vessels that have elected to fish exclusively in the Eastern U.S./Canada Area pursuant to § 648.85(a)(3)(ii), the requirements of this paragraph (b) begin with the first location signal received showing that the vessel crossed into the Eastern U.S./Canada Area and end with the first location signal received showing that the vessel crossed out of the Eastern U.S./Canada Area upon beginning its return trip to port, unless the vessel elects to also fish outside the Eastern U.S./Canada Area on the same trip, in accordance with § 648.85(a)(3)(ii)(A). (v) The Regional Administrator may authorize or require the use of the call-in system instead of the use of VMS, as described under paragraph (h) of this section. Furthermore, the Regional Administrator may authorize or require the use of letters of authorization as an alternative means of enforcing possession limits, if VMS cannot be used for such purposes. (f) Atlantic sea scallop vessel VMS notification requirements. (1) IFQ scallop vessels. i.e. i.e. (2) NGOM scallop fishery. (i) Prior to the vessel leaving port, the vessel's owner or authorized representative declares the vessel out of the scallop fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, and the vessel does not possess, retain, or land scallops while under such a declaration. After declaring out of the fishery, leaving port, and steaming to another location, if the NGOM scallop vessel has not fished for any other fish (i.e., steaming only), the vessel may declare into the NGOM fishery without entering another port by making a declaration before first crossing the VMS Demarcation Line. (ii) The vessel has specifically declared into the state-only NGOM fishery, thus is fishing exclusively in the state waters portion of the NGOM management area. (3) Incidental scallop fishery. (4) Catch reports. (A) Vessel trip report (VTR) serial number; (B) Date fish were caught; (C) Total pounds of scallop meats kept; and (D) Total pounds of all fish kept. (ii) Scallop Pre-Landing Notification Form for IFQ and NGOM vessels. (iii) Scallop Pre-Landing Notification Form for limited access vessels fishing on scallop trips. (iv) Scallop Pre-Landing Notification Form for limited access vessels on a declared DAS trip landing scallops at ports located at or south of 39° N. lat. (5) Scallop vessels fishing under exemptions. (i) VMS notification for scallop vessels fishing under exemptions. (B) Notify the Regional Administrator, via their VMS, prior to the vessel's first planned trip in the EEZ, that the vessel is to resume fishing under the vessel's DAS allocation. (ii) Call-in notification for scallop vessels fishing under exemptions. ( 1 ( 2 ( 3 (B) Remain under the exemption for a minimum of 7 days. (C) If, under the exemption for a minimum of 7 days and wishing to withdraw earlier than the designated end of the exemption period, notify the Regional Administrator of early withdrawal from the program by calling the call-in system, providing the vessel's name and permit number and the name and phone number of the caller, and stating that the vessel is withdrawing from the exemption. The vessel may not leave port to fish in the EEZ until 48 hr after notification of early withdrawal is received by the Regional Administrator. (D) The Regional Administrator will furnish a phone number for call-ins upon request. (E) Such vessels must comply with the VMS notification requirements specified in paragraph (e) of this section by notifying the Regional Administrator by entering the appropriate VMS code that the vessel is fishing outside of the scallop fishery. VMS codes and instructions are available from the Regional Administrator upon request. (6) Limited access scallop vessels fishing under the DAS program and landing scallops at ports south of 39° N. Lat. (g) VMS notification requirements for other fisheries. (i) If notified by letter, pursuant to paragraph (e)(1)(iv) of this section, or (ii) The vessel is a scallop vessel and is exempted, as specified in paragraph (f) of this section. (2) Notification of a vessel's intended fishing activity includes, but is not limited to, gear and DAS type to be used; area to be fished; and whether the vessel will be declared out of the DAS fishery, or will participate in the NE multispecies and monkfish DAS fisheries, including approved special management programs. (3) A vessel operator cannot change any aspect of a vessel's VMS activity code outside of port, except as follows: (i) An operator of a NE multispecies vessel is authorized to change the category of NE multispecies DAS used ( i.e., (ii) An operator of a vessel issued both a NE multispecies permit and a monkfish permit is authorized to change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS, while remaining subject to the NE multispecies DAS usage requirements under § 648.92(b)(1)(iv), during a trip, as provided at § 648.92(b)(1)(vi)(A). (iii) The vessel carries onboard a valid limited access or LAGC scallop permit, has declared out of the fishery in port, and is steaming to another location, pursuant to paragraph (f) of this section. (4) VMS activity codes and declaration instructions are available from the Regional Administrator upon request. (h) Call-in notification. (1) Less than 1 hr prior to leaving port, for vessels issued a limited access NE multispecies DAS permit or, for vessels issued a limited access NE multispecies DAS permit and a limited access monkfish permit (Category C, D, F, G, or H), unless otherwise specified in paragraph (h) of this section, or an occasional scallop permit as specified in this paragraph (h), and, less than 1 hr prior to leaving port, for vessels issued a limited access monkfish Category A or B permit, the vessel owner or authorized representative must notify the Regional Administrator that the vessel will be participating in the DAS program by calling the call-in system and providing the following information: (i) Owner and caller name and phone number; (ii) Vessel name and permit number; (iii) Type of trip to be taken; (iv) Port of departure; and (v) That the vessel is beginning a trip. (2) A DAS begins once the call has been received and a confirmation number is given by the Regional Administrator, or when a vessel leaves port, whichever occurs first, unless otherwise specified in paragraph (e)(2)(iii) of this section. (3) Vessels issued a limited access monkfish Category C, D, F, G, or H permit that are allowed to fish as a monkfish Category A or B vessel in accordance with the provisions of § 648.92(b)(2)(i) are subject to the call-in notification requirements for limited access monkfish Category A or B vessels specified under this paragraph (h) for those monkfish DAS when there is not a concurrent NE multispecies DAS. (4) The vessel's confirmation numbers for the current and immediately prior NE multispecies or monkfish fishing trip must be maintained on board the vessel and provided to an authorized officer immediately upon request. (5) At the end of a vessel's trip, upon its return to port, the vessel owner or owner's representative must call the Regional Administrator and notify him/her that the trip has ended by providing the following information: (i) Owner and caller name and phone number; (ii) Vessel name and permit number; (iii) Port of landing; and (iv) That the vessel has ended its trip. (6) A DAS ends when the call has been received and confirmation has been given by the Regional Administrator, or when a vessel enters port at the end of a fishing trip, whichever occurs later, unless otherwise specified in paragraph (e)(2)(iii) of this section. (7) The Regional Administrator will furnish a phone number for DAS notification call-ins upon request. (8) Regardless of whether a vessel's owner or authorized representative provides correct notification as required by paragraphs (e) through (h) of this section, a vessel meeting any of the following descriptions shall be deemed to be in its respective fishery's DAS or Scallop Access Area Program for the purpose of counting DAS or scallop access area trips/pounds, and, shall be charged DAS from the time of sailing to landing: (i) Any vessel issued a limited access scallop permit and not issued an LAGC scallop permit that possesses or lands scallops; (ii) A vessel issued a limited access scallop and LAGC IFQ scallop permit that possesses or lands more than 600 lb (272.2 kg) of scallops, unless otherwise specified in § 648.59(d)(2); (iii) Any vessel issued a limited access scallop and LAGC NGOM scallop permit that possesses or lands more than 200 lb (90.7 kg) of scallops; (iv) Any vessel issued a limited access scallop and LAGC IC scallop permit that possesses or lands more than 40 lb (18.1 kg) of scallops; (v) Any vessel issued a limited access NE multispecies permit subject to the NE multispecies DAS program requirements that possesses or lands regulated NE multispecies, except as provided in §§ 648.10(h)(9)(ii), 648.17, and 648.89; and (vi) Any vessel issued a limited access monkfish permit subject to the monkfish DAS program and call-in requirement that possesses or lands monkfish above the incidental catch trip limits specified in § 648.94(c). (9) Vessels electing to use VMS. (ii) A vessel issued a limited access monkfish or Occasional scallop permit may be authorized by the Regional Administrator to provide the notifications required by paragraph (e) of this section using the VMS specified in paragraph (b) of this section. For the vessel to become authorized, the vessel owner must provide documentation to the Regional Administrator at the time of application for a limited access permit that the vessel has installed on board an operational VMS as provided under § 648.9(a). A vessel that is authorized to use the VMS in lieu of the call-in requirement for DAS notification shall be subject to the requirements and presumptions described under paragraphs (e)(2)(i) through (v) of this section. This paragraph (h) does not apply to vessels electing to use the VMS. (i) Temporary authorization for use of the call-in system. Federal Register, (j) Additional NE multispecies call-in requirements Spawning season call-in. (i) Vessel name and permit number; (ii) Owner and caller name and phone number; and (iii) Commencement date of the 20-day period. (2) Gillnet call-in. (k) Area-specific reporting requirements for NE multispecies vessels Reporting requirements for all limited access NE multispecies vessel owners or operators. (i) Broad stock area(s) to be fished. (ii) VTR serial number. (iii) Trip-start hail report. (iv) Trip-end hail report. (2) Reporting requirements for NE multispecies vessel owners or operators fishing in more than one broad stock area per trip. (i) Vessels declaring into GOM Stock Area and any other stock area. (ii) Vessels declaring into multiple broad stock areas not including GOM Stock Area. (iii) The Regional Administrator may adjust the reporting frequency specified in paragraph (k)(2) of this section. (iv) Exemptions from broad stock area VMS reporting requirements. (B) The Regional Administrator may exempt vessels on a sector trip from the reporting requirements specified in this paragraph (k)(2) if it is determined that such reporting requirements would duplicate those specified in § 648.87(b). (3) NE multispecies broad stock areas. (i) GOM Stock Area 1. GOM Stock Area 1 Point N. latitude W. longitude G1 ( 1 ( 1 CII3 ( 1 67°20′ G6 42°20′ 67°20′ G10 42°20′ 70°00′ G9 ( 2 70°00′ 1 2 (ii) Inshore GB Stock Area 2. Inshore GB Stock Area 2 Point N. latitude W. longitude G9 ( 1 70°00′ G10 42°20′ 70°00′ IGB1 42°20′ 68°50′ IGB2 41°00′ 68°50′ IGB3 41°00′ 69°30′ IGB4 41°10′ 69°30′ IGB5 41°10′ 69°50′ IGB6 41°20′ 69°50′ IGB7 41°20′ 70°00′ G12 ( 2 70°00′ 1 2 (iii) Offshore GB Stock Area 3. Offshore GB Stock Area 3 Point N. latitude W. longitude IGB1 42°20′ 68°50′ G6 42°20′ 67°20′ CII3 ( 1 67°20′ SNE2 39°00′ ( 1 SNE3 39°00′ 69°00′ SNE4 39°50′ 69°00′ SNE5 39°50′ 68°50′ IGB1 42°20′ 68°50′ 1 (iv) SNE/MA Stock Area 4. SNE/MA Stock Area 4 Point N. latitude W. longitude G12 ( 1 70°00′ IGB7 41°20′ 70°00′ IGB6 41°20′ 69°50′ IGB5 41°10′ 69°50′ IGB4 41°10′ 69°30′ IGB3 41°00′ 69°30′ IGB2 41°00′ 68°50′ SNE4 39°50′ 68°50′ SNE3 39°50′ 69°00′ SNE5 39°00′ 69°00′ SNE6 39°00′ ( 2 1 2 (l) [Reserved] (m) Atlantic herring VMS notification requirements. i.e., (2) A vessel issued a limited access herring permit ( i.e., Federal Register (n) Limited access Atlantic mackerel VMS notification requirements. (2) A vessel issued a limited access Atlantic mackerel permit intending to land more than 20,000 lb (9.07 mt) of Atlantic mackerel must notify NMFS of the time and place of offloading at least 6 hr prior prior to arrival, or, if fishing ends less than 6 hours before arrival, immediately upon leaving the fishing grounds. The Regional Administrator may adjust the prior notification minimum time through publication in the Federal Register (o) Longfin squid VMS notification requirement. (p) Illex squid VMS notification requirement. Illex Illex Illex [74 FR 20530, May 4, 2009] Editorial Note: For Federal Register www.govinfo.gov. § 648.11 Monitoring coverage. (a) Coverage. (b) Facilitating coverage. (c) Safety waivers. (d) Vessel requirements associated with coverage. (1) Provide accommodations and food that are equivalent to those provided to the crew. (2) Allow the observer or monitor access to and use of the vessel's communications equipment and personnel upon request for the transmission and receipt of messages related to the observer's or monitor's duties. (3) Provide true vessel locations, by latitude and longitude or loran coordinates, as requested by the observer or monitor, and allow the observer or monitor access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position. (4) Notify the observer or monitor in a timely fashion of when fishing operations are to begin and end. (5) Allow for the embarking and debarking of the observer or monitor, as specified by the Regional Administrator, ensuring that transfers of observers or monitors at sea are accomplished in a safe manner, via small boat or raft, during daylight hours as weather and sea conditions allow, and with the agreement of the observers or monitors involved. (6) Allow the observer or monitor free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish. (7) Allow the observer or monitor to inspect and copy any the vessel's log, communications log, and records associated with the catch and distribution of fish for that trip. (e) Vessel requirements associated with protected species. (1) Notify the observer or monitor of any sea turtles, marine mammals, summer flounder, scup, black sea bass, bluefish, spiny dogfish, Atlantic herring, Atlantic deep-sea red crab, tilefish, skates (including discards) or other specimens taken by the vessel. (2) Provide the observer or monitor with sea turtles, marine mammals, summer flounder, scup, black sea bass, bluefish, spiny dogfish, Atlantic herring, Atlantic deep-sea red crab, skates, tilefish, or other specimens taken by the vessel. (f) Coverage funded from outside sources. (1) All coverage conducted by such observers or monitors is determined by NMFS to be in compliance with NMFS' observer or monitor guidelines and procedures. (2) The owner or operator of the vessel complies with all other provisions of this part. (3) The observer or monitor is approved by the Regional Administrator. (g) Industry-funded monitoring programs. (1) Guiding principles for new IFM programs. (i) A clear need or reason for the data collection; (ii) Objective design criteria; (iii) Cost of data collection should not diminish net benefits to the nation nor threaten continued existence of the fishery; (iv) Seek less data intensive methods to collect data necessary to assure conservation and sustainability when assessing and managing fisheries with minimal profit margins; (v) Prioritize the use of modern technology to the extent practicable; and (vi) Incentives for reliable self-reporting. (2) Process to implement and revise new IFM programs. (i) Level and type of coverage target; (ii) Rationale for level and type of coverage; (iii) Minimum level of coverage necessary to meet coverage goals; (iv) Consideration of waivers if coverage targets cannot be met; (v) Process for vessel notification and selection; (vi) Cost collection and administration; (vii) Standards for monitoring service providers; and (viii) Any other measures necessary to implement the industry-funded monitoring program. (3) NMFS cost responsibilities. (i) The labor and facilities associated with training and debriefing of monitors; (ii) NMFS-issued gear ( e.g., (iii) Certification of monitoring service providers and individual observers or monitors; performance monitoring to maintain certificates; (iv) Developing and executing vessel selection; (v) Data processing (including electronic monitoring video audit, but excluding service provider electronic video review); and (vi) Costs associated with liaison activities between service providers, and NMFS, Coast Guard, New England Council, sector managers, and other partners. (vii) The industry is responsible for all other costs associated with IFM programs. (4) Prioritization process to cover NMFS IFM cost responsibilities. (ii) Programs with IFM coverage targets shall be prioritized using an equal weighting approach, such that any available Federal funding shall be divided equally among programs. (iii) After NMFS determines the amount of available Federal funding for the next fishing year, NMFS shall provide the New England Council with the estimated IFM coverage levels for the next fishing year. The estimated IFM coverage levels would be based on the equal weighting approach and would include the rationale for any deviations from the equal weighting approach. The New England Council may recommend revisions and additional considerations to the Regional Administrator and Science and Research Director. (A) If available Federal funding exceeds that needed to pay all of NMFS cost responsibilities for administering IFM programs, the New England Council may request NMFS to use available funding to help offset industry cost responsibilities through reimbursement. (B) [Reserved] (iv) Revisions to the prioritization process may be made via a framework adjustment to all New England FMPs. (v) Revisions to the weighting approach for the New England Council-led prioritization process may be made via a framework adjustment to all New England FMPs or by the New England Council considering a new weighting approach at a public meeting, where public comment is accepted, and requesting NMFS to publish a notice or rulemaking revising the weighting approach. NMFS shall implement revisions to the weighting approach in a manner consistent with the Administrative Procedure Act. (5) IFM program monitoring service provider requirements. (6) Monitoring set-aside. (i) The details of a monitoring set-aside program may include, but are not limited to: (A) The basis for the monitoring set-aside; (B) The amount of the set-aside ( e.g., (C) How the set-aside is allocated to vessels required to pay for monitoring ( e.g., (D) The process for vessel notification; (E) How funds are collected and administered to cover the industry's costs of monitoring; and (F) Any other measures necessary to develop and implement a monitoring set-aside. (ii) The New England Council may develop new monitoring set-asides and revise those monitoring set-asides via a framework adjustment to the relevant FMP. (h) Monitoring service provider approval and responsibilities General. https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-mid-atlantic-programs. (2) [Reserved] (3) Contents of application. (i) Identification of the management, organizational structure, and ownership structure of the applicant's business, including identification by name and general function of all controlling management interests in the company, including but not limited to owners, board members, officers, authorized agents, and staff. If the applicant is a corporation, the articles of incorporation must be provided. If the applicant is a partnership, the partnership agreement must be provided. (ii) The permanent mailing address, phone and fax numbers where the owner(s) can be contacted for official correspondence, and the current physical location, business mailing address, business telephone and fax numbers, and business email address for each office. (iii) A statement, signed under penalty of perjury, from each owner or owners, board members, and officers, if a corporation, that they are free from a conflict of interest as described under paragraph (h)(6) of this section. (iv) A statement, signed under penalty of perjury, from each owner or owners, board members, and officers, if a corporation, describing any criminal conviction(s), Federal contract(s) they have had and the performance rating they received on the contracts, and previous decertification action(s) while working as an observer or monitor or monitoring service provider. (v) A description of any prior experience the applicant may have in placing individuals in remote field and/or marine work environments. This includes, but is not limited to, recruiting, hiring, deployment, and personnel administration. (vi) A description of the applicant's ability to carry out the responsibilities and duties of a monitoring service provider as set out under paragraph (h)(5) of this section, and the arrangements to be used. (vii) Evidence of holding adequate insurance to cover injury, liability, and accidental death for any observers, monitors (at-sea or dockside/roving monitors), or electronic monitoring provider staff who provide electronic monitoring services onboard vessels, whether contracted or directly employed by the service provider, during their period of employment (including during training). (A) A monitoring service provider must hold insurance specified at § 600.748(b) and (c) of this chapter. (B) An electronic monitoring service provider must hold Worker's Compensation and commercial general liability coverage for electronic monitoring provider staff. The minimum combined coverage required is $1 million. (C) Upon request by a vessel owner, operator, or vessel manager, a monitoring service provider must provide a certificate of insurance, or other evidence, that demonstrates they have the required coverages under paragraphs (h)(3)(vii)(A) and (B) of this section as appropriate. (viii) Proof that its observers or monitors, whether contracted or employed by the service provider, are compensated with salaries that meet or exceed the U.S. Department of Labor (DOL) guidelines for observers. Observers shall be compensated as Fair Labor Standards Act (FLSA) non-exempt employees. Monitoring service providers shall provide any other benefits and personnel services in accordance with the terms of each observer's or monitor's contract or employment status. (ix) The names of its fully equipped certified observers, monitors, or video reviewers on staff; or a list of its training candidates (with resumes) and a request for an appropriate NMFS-certified training class. All training classes have a minimum class size of eight individuals, which may be split among multiple vendors requesting training. Requests for training classes with fewer than eight individuals will be delayed until further requests make up the full training class size. (x) An Emergency Action Plan (EAP) describing its response to an emergency with an observer, monitor, or electronic monitoring provider staff on a vessel at sea or in port, including, but not limited to, personal injury, death, harassment, or intimidation. The EAP shall include communications protocol and appropriate contact information in an emergency. (4) Application evaluation. (ii) If NMFS approves the application, the monitoring service provider's name will be added to the list of approved monitoring service providers found on the NMFS/FSB website and in any outreach information to the industry. Approved monitoring service providers shall be notified in writing and provided with any information pertinent to its participation in the observer or monitor programs. (iii) An application shall be denied if NMFS determines that the information provided in the application is not complete or the evaluation criteria are not met. NMFS shall notify the applicant in writing of any deficiencies in the application or information submitted in support of the application. An applicant who receives a denial of his or her application may present additional information to rectify the deficiencies specified in the written denial, provided such information is submitted to NMFS within 30 days of the applicant's receipt of the denial notification from NMFS. In the absence of additional information, and after 30 days from an applicant's receipt of a denial, a monitoring service provider is required to resubmit an application containing all of the information required under the application process specified in paragraph (h)(3) of this section to be re-considered for being added to the list of approved monitoring service providers. (5) Responsibilities of monitoring service providers (i) Certified observers or monitors. (ii) Support for observers, monitors, or electronic monitoring provider staff. (A) All necessary transportation, lodging costs and support for arrangements and logistics of travel for observers, monitors, or electronic monitoring provider staff to and from the initial location of deployment, to all subsequent vessel assignments, to any debriefing locations, and for appearances in Court for monitoring-related trials as necessary; (B) Lodging, per diem, and any other services necessary for observers, monitors, or electronic monitoring provider staff assigned to a fishing vessel or to attend an appropriate NMFS training class; (C) The required observer, monitor, or electronic monitoring equipment, in accordance with equipment requirements, prior to any deployment and/or prior to certification training; and (D) Individually assigned communication equipment, in working order, such as a mobile phone, for all necessary communication. A monitoring service provider may alternatively compensate observers or monitors for the use of the observer's or monitor's personal mobile phone, or other device, for communications made in support of, or necessary for, the observer's or monitor's duties. (iii) Deployment logistics. (B) Enable an owner, operator, or manager of a vessel to secure monitoring coverage or electronic monitoring technical support when requested, 24 hours per day, 7 days per week via a telephone or other notification system that is monitored a minimum of four times daily to ensure rapid response to industry requests. (iv) Observer deployment limitations. (B) For the purpose of coverage to meet SBRM requirements in § 648.18, unless alternative arrangements are approved by NMFS, a monitoring service provider must not deploy any observer on the same vessel for more than two consecutive multi-day trips, and not more than twice in any given month for multi-day deployments. (C) For the purpose of coverage to meet IFM requirements in this section, a monitoring service provider may deploy any observer or monitor on the same vessel for more than two consecutive multi-day trips and more than twice in any given month for multi-day deployments. (v) Communications with observers and monitors. (vi) Observer and monitor training requirements. https://www.fisheries.noaa.gov/topic/fishery-observers#become-an-observer. (vii) Reports and requirements Deployment reports. 1 ( 2 (B) Safety refusals. e.g., (C) Biological samples. (D) Debriefing. (E) Availability report. (F) Incident reports. (G) Status report. 1 ( 2 ( 3 (H) Vessel contract. (I) Observer, monitor, or electronic monitoring provider staff contract. (J) Additional information. (K) Discard estimates. (L) Data system. ( 1 ( 2 e.g., ( 3 ( 4 ( 5 (M) Data retention. (N) Software requirements. ( 1 ( 2 (O) Software training. (P) Facilitation. ( 1 ( 2 ( 3 (Q) Litigation support. (viii) Refusal to deploy an observer or monitor. (B) A monitoring service provider may refuse to deploy an observer or monitor on a requesting fishing vessel if the monitoring service provider has determined that the requesting vessel is inadequate or unsafe pursuant to the reasons described at § 600.746. (C) The monitoring service provider may refuse to deploy an observer or monitor on a fishing vessel that is otherwise eligible to carry an observer or monitor for any other reason, including failure to pay for previous monitoring deployments, provided the monitoring service provider has received prior written confirmation from NMFS authorizing such refusal. (6) Limitations on conflict of interest. (i) Must not have a direct or indirect interest in a fishery managed under Federal regulations, including, but not limited to, a fishing vessel, fish dealer, and/or fishery advocacy group (other than providing monitoring services); (ii) Must assign observers or monitors without regard to any preference by representatives of vessels other than when an observer or monitor will be deployed for the trip that was selected for coverage; and (iii) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who conducts fishing or fishing related activities that are regulated by NMFS, or who has interests that may be substantially affected by the performance or nonperformance of the official duties of monitoring service providers. (7) Removal of monitoring service provider from the list of approved service providers. (i) Failure to meet the requirements, conditions, and responsibilities of monitoring service providers specified in paragraphs (h)(5) and (6) of this section; (ii) Evidence of conflict of interest as defined under paragraph (h)(6) of this section; (iii) Evidence of criminal convictions related to: (A) Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (B) The commission of any other crimes of dishonesty, as defined by state law or Federal law, that would seriously and directly affect the fitness of an applicant in providing monitoring services under this section; and (iv) Unsatisfactory performance ratings on any Federal contracts held by the applicant; and (v) Evidence of any history of decertification as either an observer, monitor, video reviewer, or monitoring service provider. (i) Observer, monitor, or video reviewer certification Requirements. https://www.fisheries.noaa.gov/topic/fishery-observers#become-an-observer. (2) Training. (3) Observer requirements. (i) Have a valid NMFS fisheries observer certification pursuant to paragraph (i)(1) of this section; (ii) Be physically and mentally capable of carrying out the responsibilities of an observer on board fishing vessels, pursuant to standards established by NMFS. Such standards shall be provided to each approved monitoring service provider. (iii) Have successfully completed all NMFS-required training and briefings for observers before deployment, pursuant to paragraph (i)(2) of this section; (iv) Hold a current Red Cross (or equivalence) CPR/First Aid certification; (v) Accurately record their sampling data, write complete reports, and report accurately any observations relevant to conservation of marine resources or their environment; and (vi) Report unsafe sampling conditions, pursuant to paragraph (m)(6) of this section. (4) Monitor requirements. (i) Hold a high school diploma or legal equivalent; (ii) Have a valid NMFS certification pursuant to paragraph (i)(1) of this section; (iii) Be physically and mentally capable of carrying out the responsibilities of a monitor on board fishing vessels, pursuant to standards established by NMFS. Such standards shall be provided to each approved monitoring service provider. (iv) Have successfully completed all NMFS-required training and briefings for monitors before deployment, pursuant to paragraph (i)(2) of this section; (v) Hold a current Red Cross (or equivalence) CPR/First Aid certification if the monitor is to be employed as an at-sea monitor; (vi) Accurately record their sampling data, write complete reports, and report accurately any observations relevant to conservation of marine resources or their environment; and (vii) Report unsafe sampling conditions, pursuant to paragraph (m)(6) of this section. (5) Video reviewer requirements. (i) Hold a high school diploma or legal equivalent; (ii) Have a valid NMFS certification pursuant to paragraph (i)(1) of this section; and (iii) Accurately record sampling data, write complete reports, and report accurately any observations relevant to conservation of marine resources or their environment. (6) Probation and decertification. (7) Issuance of decertification. (j) Coverage. (k) Atlantic sea scallop observer program General. (2) Vessel notification procedures. e.g., e.g., (3) Selection of scallop trips for observer coverage. (4) Procurement of observer services by scallop vessels. (i) An owner of a scallop vessel required to carry an observer under paragraph (k)(3) of this section must carry an observer that has passed a NMFS-certified Observer Training class certified by NMFS from an observer service provider approved by NMFS under paragraph (h) of this section. The PTNS will offer selected trips to approved observer service providers in a manner that will take into account the vessels' provider preferences, but final outcomes will be dependent on the observer availability of each provider. The PTNS will inform the owner, operator, or vessel manager of a trip's selection outcome between 48 and 24 hours prior to the PTNS sail time. The PTNS will specify the trip's outcome ( i.e., https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-mid-atlantic-programs. e.g., (ii) An owner, operator, or vessel manager of a vessel that cannot procure an observer within 48 hr of the advance notification to the provider due to the unavailability of an observer may request a waiver from NMFS from the requirement for observer coverage for that trip, but only if the owner, operator, or vessel manager has contacted all of the available observer service providers to secure observer coverage and no observer is available. NMFS shall issue such a waiver within 24 hr, if the conditions of this paragraph (k)(4)(ii) are met. A vessel may not begin the trip without being issued a waiver. (5) Cost of coverage. (i) Observer service providers shall establish the daily rate for observer coverage on a scallop vessel on an Access Area trip or open area DAS or IFQ trip or NGOM trip consistent with paragraphs (k)(5)(i)(A) and (B), respectively, of this section. (A) Access Area trips. 1 ( 2 ( 3 (B) Open area scallop trips. (C) NGOM scallop trips. (ii) NMFS shall determine any reduced DAS accrual rate and the amount of additional pounds of scallops on Sea Scallop Access Area, LAGC IFQ, and NGOM trips based on the economic conditions of the scallop fishery, as determined by best available information. Vessel owners and observer service providers shall be notified through the Small Entity Compliance Guide of any DAS accrual rate changes and any changes in additional pounds of scallops determined by the Regional Administrator to be necessary. NMFS shall notify vessel owners and observer providers of any adjustments. (iii) Owners of scallop vessels shall pay observer service providers for observer services within 45 days of the end of a fishing trip on which an observer deployed. (6) Coverage and cost requirements. (l) NE multispecies observer coverage Groundfish sector monitoring program goals and objectives. (i) Improve documentation of catch: (A) Determine total catch and effort, for each sector and common pool, of target or regulated species and ocean pout; and (B) Achieve coverage level sufficient to minimize effects of potential monitoring bias to the extent possible while maintaining as much flexibility as possible to enhance fleet viability. (ii) Reduce the cost of monitoring: (A) Streamline data management and eliminate redundancy; (B) Explore options for cost-sharing and deferment of cost to industry; and (C) Recognize opportunity costs of insufficient monitoring. (iii) Incentivize reducing discards: (A) Determine discard rate by smallest possible strata while maintaining cost-effectiveness; and (B) Collect information by gear type to accurately calculate discard rates. (iv) Provide additional data streams for stock assessments: (A) Reduce management and/or biological uncertainty; and (B) Perform biological sampling if it may be used to enhance accuracy of mortality or recruitment calculations. (v) Enhance safety of monitoring program. (vi) Perform periodic review of monitoring program for effectiveness. (2) Sector monitoring programs. (3) Pre-trip notification. i.e., (4) Vessel selection for observer or at-sea monitor coverage. (5) Sector monitoring coverage levels. (i) At-sea monitoring coverage target. (ii) Gear-based exclusion from the at-sea monitoring program. (iii) Geographic exclusion from the at-sea monitoring program. (iv) Waivers. (A) Funding waivers. (B) Logistics waivers. (C) Set-only trip waivers. (v) Review of exclusions from the at-sea monitoring program. (6) Groundfish sector monitoring program review. (7) Hail reports. (8) Notification of monitoring service provider change. (9) Discards. (10) Sector monitoring program operational standards. (i) Vessel requirements Electronic monitoring system requirements. ( 1 ( 2 ( 3 ( 4 (B) Vessel monitoring plan requirements for electronic monitoring vessels. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 (C) Safety hazards. (D) Dockside monitoring. ( 1 ( 2 (E) Retention of fish. (ii) Sector monitoring plan monitoring service provider requirements. (A) At-sea monitoring report. (B) Electronic monitoring report. (C) Vessel feedback report. (D) Safety hazards. (E) Gear. (F) Adjustment to service provider requirements and approval standards. (iii) Sector requirements. i.e., (iv) Dealer requirements. (A) Facilitation. ( 1 ( 2 ( 3 (B) Processing, sorting, labeling, and reporting. ( 1 ( 2 ( 3 ( 4 (v) Adjustment to operational standards. (m) Atlantic herring monitoring coverage Monitoring requirements. (A) IFM HVF observers shall collect the following information: ( 1 e.g., ( 2 e.g., ( 3 ( 4 ( 5 ( 6 e.g., ( 7 ( 8 i.e., (B) IFM HVF at-sea monitors shall collect the following information: ( 1 e.g., ( 2 e.g., ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 i.e., ( 9 (C) IFM Portside samplers shall collect the following information: ( 1 ( 2 ( 3 i.e., (ii) Vessels issued a Category A or B Herring Permit are subject to IFM at-sea monitoring coverage. If the New England Council determines that electronic monitoring, used in conjunction with portside sampling, is an adequate substitute for at-sea monitoring on vessels fishing with midwater trawl gear, and it is approved by the Regional Administrator as specified in paragraph (m)(1)(iii) of this section, then owners of vessels issued a Category A or B Herring Permit may choose either IFM at-sea monitoring coverage or IFM electronic monitoring and IFM portside sampling coverage, pursuant with requirements in paragraphs (h) and (i) of this section. Once owners of vessels issued a Category A or B Herring Permit may choose an IFM monitoring type, vessel owners must select one IFM monitoring type per fishing year and notify NMFS of their selected IFM monitoring type via selection form six months in advance of the beginning of the SBRM year (October 31). NMFS will provide vessels owners with selection forms no later than September 1 in advance of the beginning of the SBRM year. (A) In a future framework adjustment, the New England Council may consider if electronic monitoring and portside sampling coverage is an adequate substitute for at-sea monitoring coverage for Atlantic herring vessels that fish with purse seine and/or bottom trawl gear. (B) IFM coverage targets for the Atlantic herring fishery are calculated by NMFS, in consultation with New England Council staff. (C) If IFM coverage targets do not match for the Atlantic herring and Atlantic mackerel fisheries, then the higher IFM coverage target would apply on trips declared into both fisheries. (D) Vessels intending to land less than 50 mt of Atlantic herring are exempt from IFM requirements, provided that the vessel requests and is issued a waiver prior to departing on that trip, consistent with paragraphs (m)(2)(iii)(B) and (m)(3) of this section. Vessels issued a waiver must land less than 50 mt of Atlantic herring on that trip. (E) A wing vessel ( i.e., (F) Two years after implementation of IFM in the Atlantic herring fishery, the New England Council will examine the results of any increased coverage in the Atlantic herring fishery and consider if adjustments to the IFM coverage targets are warranted. (iii) Electronic monitoring and portside sampling coverage may be used in place of at-sea monitoring coverage in the Atlantic herring fishery, if the electronic monitoring technology is deemed sufficient by the New England Council. The Regional Administrator, in consultation with the New England Council, may approve the use of electronic monitoring and portside sampling for the Atlantic herring fishery in a manner consistent with the Administrative Procedure Act, with final measures published in the Federal Register. (iv) Owners, operators, or managers of vessels issued a Category A or B Herring Permit are responsible for their vessel's compliance with IFM requirements. When NMFS notifies a vessel owner, operator, or manager of the requirement to have monitoring coverage on a specific declared Atlantic herring trip, that vessel may not fish for, take, retain, possess, or land any Atlantic herring without the required monitoring coverage. Vessels may only embark on a declared Atlantic herring trip without the required monitoring coverage if the vessel owner, operator, and/or manager has been notified that the vessel has received a waiver for the required monitoring coverage for that trip, pursuant to paragraphs (m)(2)(iii)(B) and (C) and (m)(3) of this section. (v) To provide the required IFM coverage aboard declared Atlantic herring trips, observers and monitors must hold a high volume fisheries certification from NMFS. (2) Pre-trip notification. i.e., Category A, B, or C (ii) The notification to NMFS/FSB must include the following information: Vessel name or permit number; email and telephone number for contact; the date, time, and port of departure; trip length; and gear type. (iii) For vessels issued a Category A or B Herring Permit, the trip notification must also include the following requests, if appropriate: (A) For IFM observer coverage aboard vessels fishing with midwater trawl gear to access the Northeast Multispecies Closed Areas, consistent with requirements at § 648.202(b), at any point during the trip; (B) For a waiver of IFM requirements on a trip that shall land less than 50 mt of Atlantic herring; and (C) For a waiver of IFM requirements on trip by a wing vessel as described in paragraph (m)(1)(ii)(E) of this section. (iv) Trip notification must be provided no more than 10 days in advance of each fishing trip. The vessel owner, operator, or manager must notify NMFS/FSB of any trip plan changes at least 12 hr prior to vessel departure from port. (3) Selection of trips for monitoring coverage. (4) Procurement of monitoring services by Atlantic herring vessels. https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-mid-atlantic-programs. (ii) An owner, operator, or vessel manager of a vessel that cannot procure monitoring due to the unavailability of monitoring may request a waiver from NMFS/FSB from the requirement for monitoring on that trip, but only if the owner, operator, or vessel manager has contacted all of the available monitoring service providers to secure monitoring and no monitoring is available. NMFS/FSB shall issue a waiver, if the conditions of this paragraph (m)(4)(ii) are met. A vessel without monitoring coverage may not begin a declared Atlantic herring trip without having been issued a waiver. (iii) Vessel owners shall pay service providers for monitoring services within 45 days of the end of a fishing trip that was monitored. (5) Vessels working cooperatively. (6) Sampling requirements for NMFS-certified observer and monitors. (i) A safe sampling station adjacent to the fish deck, including: A safety harness, if footing is compromised and grating systems are high above the deck; a safe method to obtain samples; and a storage space for baskets and sampling gear. (ii) Reasonable assistance to enable observers or monitors to carry out their duties, including but not limited to assistance with: Obtaining and sorting samples; measuring decks, codends, and holding bins; collecting bycatch when requested by the observers or monitors; and collecting and carrying baskets of fish when requested by the observers or monitors. (iii) Advance notice when pumping will be starting; when sampling of the catch may begin; and when pumping is coming to an end. (iv) Visual access to the net, the codend of the net, and the purse seine bunt and any of its contents after pumping has ended and before the pump is removed from the net. On trawl vessels, the codend including any remaining contents must be brought on board, unless bringing the codend on board is not possible. If bringing the codend on board is not possible, the vessel operator must ensure that the observer or monitor can see the codend and its contents as clearly as possible before releasing its contents. (7) Measures to address slippage. (A) The vessel operator has determined, and the preponderance of available evidence indicates that, there is a compelling safety reason; or (B) A mechanical failure, including gear damage, precludes bringing some or all of the catch on board the vessel for inspection; or (C) The vessel operator determines that pumping becomes impossible as a result of spiny dogfish clogging the pump intake. The vessel operator shall take reasonable measures, such as strapping and splitting the net, to remove all fish which can be pumped from the net prior to release. (ii) Vessels may make test tows without pumping catch on board if the net is re-set without releasing its contents provided that all catch from test tows is available to the observer to sample when the next tow is brought on board for sampling. (iii) If a vessel issued any limited access herring permit slips catch, the vessel operator must report the slippage event on the Atlantic herring daily VMS catch report and indicate the reason for slipping catch. Additionally, the vessel operator must complete and sign a Released Catch Affidavit detailing: The vessel name and permit number; the VTR serial number; where, when, and the reason for slipping catch; the estimated weight of each species brought on board or slipped on that tow. A completed affidavit must be submitted to NMFS within 48 hr of the end of the trip. (iv) If a vessel issued a Category A or B Herring permit slips catch for any of the reasons described in paragraph (m)(7)(i) of this section when an observer or monitor is aboard, the vessel operator must move at least 15 nm (27.78 km) from the location of the slippage event before deploying any gear again, and must stay at least 15 nm (27.78 km) away from the slippage event location for the remainder of the fishing trip. (v) If a vessel issued a Category A or B Herring permit slips catch for any reason on a trip selected by NMFS for portside sampling, pursuant to paragraph (m)(3) of this section, the vessel operator must move at least 15 nm (27.78 km) from the location of the slippage event before deploying any gear again, and must stay at least 15 nm (27.78 km) away from the slippage event location for the remainder of the fishing trip. (vi) If catch is slipped by a vessel issued a Category A or B Herring permit for any reason not described in paragraph (m)(7)(i) of this section when an observer or monitor is aboard, the vessel operator must immediately terminate the trip and return to port. No fishing activity may occur during the return to port. (n) Atlantic mackerel, squid, and butterfish observer coverage Pre-trip notification. (ii) A vessel that has a representative provide notification to NMFS as described in paragraph (n)(1)(i) of this section may only embark on an Atlantic mackerel trip without an observer if a vessel representative has been notified by NMFS that the vessel has received a waiver of the observer requirement for that trip. NMFS shall notify a vessel representative whether the vessel must carry an observer, or if a waiver has been granted, for the specific Atlantic mackerel trip, within 24 hr of the vessel representative's notification of the prospective Atlantic mackerel trip, as specified in paragraph (n)(1)(i) of this section. Any request to carry an observer may be waived by NMFS. A vessel that fishes with an observer waiver confirmation number that does not match the Atlantic mackerel trip plan that was called in to NMFS is prohibited from fishing for, possessing, harvesting, or landing Atlantic mackerel except as specified in paragraph (n)(1)(iii) of this section. Confirmation numbers for trip notification calls are only valid for 48 hr from the intended sail date. (iii) A vessel issued a limited access Atlantic mackerel permit, as specified in § 648.4(a)(5)(iii), that does not have a representative provide the trip notification required in paragraph (n)(1)(i) of this section is prohibited from fishing for, possessing, harvesting, or landing more than 20,000 lb (9.07 mt) of Atlantic mackerel per trip at any time, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (iv) If a vessel issued a limited access Atlantic mackerel permit, as specified in § 648.4(a)(5)(iii), intends to possess, harvest, or land more than 20,000 lb (9.07 mt) of Atlantic mackerel per trip or per calendar day, and has a representative notify NMFS of an upcoming trip, is selected by NMFS to carry an observer, and then cancels that trip, the representative is required to provide notice to NMFS of the vessel name, vessel permit number, contact name for coordination of observer deployment, and telephone number or email address for contact, and the intended date, time, and port of departure for the cancelled trip prior to the planned departure time. In addition, if a trip selected for observer coverage is cancelled, then that vessel is required to carry an observer, provided an observer is available, on its next trip. (2) Sampling requirements for limited access Atlantic mackerel and longfin squid/butterfish moratorium permit holders. (i) A safe sampling station adjacent to the fish deck, including: A safety harness, if footing is compromised and grating systems are high above the deck; a safe method to obtain samples; and a storage space for baskets and sampling gear. (ii) Reasonable assistance to enable observers to carry out their duties, including but not limited to assistance with: Obtaining and sorting samples; measuring decks, codends, and holding bins; collecting bycatch when requested by the observers; and collecting and carrying baskets of fish when requested by the observers. (iii) Advance notice when pumping will be starting; when sampling of the catch may begin; and when pumping is coming to an end. (3) Measures to address slippage. (A) The vessel operator has determined, and the preponderance of available evidence indicates that, there is a compelling safety reason; or (B) A mechanical failure, including gear damage, precludes bringing some or all of the catch on board the vessel for sampling and inspection; or (C) The vessel operator determines that pumping becomes impossible as a result of spiny dogfish clogging the pump intake. The vessel operator shall take reasonable measures, such as strapping and splitting the net, to remove all fish that can be pumped from the net prior to release. (ii) If a vessel issued any limited access Atlantic mackerel permit slips catch, the vessel operator must report the slippage event on the Atlantic mackerel and longfin squid daily VMS catch report and indicate the reason for slipping catch. Additionally, vessels issued a limited Atlantic mackerel permit or a longfin squid/butterfish moratorium permit, the vessel operator must complete and sign a Released Catch Affidavit detailing: The vessel name and permit number; the VTR serial number; where, when, and the reason for slipping catch; the estimated weight of each species brought on board or slipped on that tow. A completed affidavit must be submitted to NMFS within 48 hr of the end of the trip. (iii) If a vessel issued a limited access Atlantic mackerel permit slips catch for any of the reasons described in paragraph (n)(3)(i) of this section, the vessel operator must move at least 15 nm (27.8 km) from the location of the slippage event before deploying any gear again, and must stay at least 15 nm (27.8 km) from the slippage event location for the remainder of the fishing trip. (iv) If catch is slipped by a vessel issued a limited access Atlantic mackerel permit for any reason not described in paragraph (n)(3)(i) of this section, the vessel operator must immediately terminate the trip and return to port. No fishing activity may occur during the return to port. [85 FR 7431, Feb. 7, 2020, as amended at 85 FR 26882, May 6, 2020; 85 FR 43152, July 15, 2020; 85 FR 47112, Aug. 4, 2020; 86 FR 1823, Jan. 11, 2021; 87 FR 18283, Mar. 30, 2022; 87 FR 54909, Sept. 8, 2022; 87 FR 75877, Dec. 9, 2022; 87 FR 75877, Dec. 9, 2022; 88 FR 56542, Aug. 18, 2023; 89 FR 20348, Mar. 22, 2024; 91 FR 11161, Mar. 9, 2026] § 648.12 Experimental fishing. The Regional Administrator may exempt any person or vessel from the requirements of subparts A (General provisions), B (mackerel, squid, and butterfish), D (Atlantic sea scallop), E (Atlantic surfclam and ocean quahog), F (NE multispecies and monkfish), G (summer flounder), H (scup), I (black sea bass), J (Atlantic bluefish), K (Atlantic herring), L (spiny dogfish), M (Atlantic deep-sea red crab), N (tilefish), O (skates), and P (Mid-Atlantic forage species) of this part for the conduct of experimental fishing beneficial to the management of the resources or fishery managed under that subpart. The Regional Administrator shall consult with the Executive Director of the MAFMC before approving any exemptions for the Atlantic chub mackerel, Atlantic mackerel, Illex (a) The Regional Administrator may not grant such an exemption unless he/she determines that the purpose, design, and administration of the exemption is consistent with the management objectives of the respective FMP, the provisions of the Magnuson-Stevens Act, and other applicable law, and that granting the exemption will not: (1) Have a detrimental effect on the respective resources and fishery; (2) Cause any quota to be exceeded; or (3) Create significant enforcement problems. (b) Each vessel participating in any exempted experimental fishing activity is subject to all provisions of the respective FMP, except those necessarily relating to the purpose and nature of the exemption. The exemption will be specified in a letter issued by the Regional Administrator to each vessel participating in the exempted activity. This letter must be carried on board the vessel seeking the benefit of such exemption. (c) Experimental fishing for surfclams or ocean quahogs will not require an allocation permit. (d) Temporary possession letter of authorization (LOA) (1) Eligible activities. (2) Eligibility criteria. (3) Application requirements. [61 FR 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997; 65 FR 45852, July 26, 2000; 65 FR 77466, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 68 FR 49700, Aug. 19, 2003; 75 FR 1022, Jan. 8, 2010; 76 FR 60649, Sept. 29, 2011; 82 FR 40732, Aug. 28, 2017; 85 FR 47112, Aug. 4, 2020] § 648.13 Transfers at sea. (a) Vessels issued a longfin squid, butterfish, or Illex Illex (b)(1) Except as provided in paragraph (b)(2) of this section, vessels issued a multispecies permit under § 648.4(a)(1) or a scallop permit under § 648.4(a)(2) are prohibited from transferring or attempting to transfer any fish from one vessel to another vessel, except that vessels issued a Federal multispecies permit under § 648.4(a)(1) and specifically authorized in writing by the Regional Administrator to do so, may transfer species other than regulated species from one vessel to another vessel. (2) Vessels issued a Federal multispecies permit under § 648.4(a)(1) may transfer from one vessel to another, for use as bait, up to 500 lb (226.8 kg) of silver hake and unlimited amounts of red hake, per trip, provided: (i) The transferring vessel possesses a Federal multispecies permit as specified under § 648.4(a)(1); (ii) The transferring vessel has a letter of authorization issued by the Regional Administrator on board; and (iii) The receiving vessel possesses a written receipt for any small-mesh multispecies purchased at sea. (c) All persons are prohibited from transferring or attempting to transfer NE multispecies or scallops from one vessel to another vessel, except in accordance with paragraph (b) of this section. (d) All persons are prohibited from transferring or attempting to transfer at sea summer flounder from one vessel to another vessel, except for vessels that have not been issued a Federal permit and fish exclusively in state waters. (e) Vessels issued a letter of authorization from the Regional Administrator to transfer small-mesh multispecies at sea for use as bait will automatically have 500 lb (226.8 kg) deducted from the vessel's combined silver hake and offshore hake possession limit, as specified under § 648.86(e), for every trip during the participation period specified on the letter of authorization, regardless of whether a transfer of small-mesh multispecies at sea occurred or whether the actual amount that was transferred was less than 500 lb (226.8 kg). This deduction shall be noted on the transferring vessel's letter of authorization from the Regional Administrator. (f) Atlantic herring. (1) Personal use as bait. (ii) A vessel issued an Atlantic herring permit may transfer herring at sea to another vessel for personal use as bait: (A) Provided the transferring vessel is issued a letter of authorization to transfer fish. The operator of the transferring vessel must show the letter of authorization to a representative of the vessel receiving fish or any authorized officer upon request; and (B) Provided that the transfer of herring at sea to another vessel for personal use as bait does not exceed the possession limit specified for the transferring vessel in § 648.204, except that no more than the applicable 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg) herring possession limit may be caught or transferred per trip or per calendar day if the vessel is in, or the fish were harvested from, a management area subject to a possession limit adjustment or fishery closure as specified in § 648.201. (2) Atlantic herring carrier vessels. (ii) A vessel issued an Atlantic herring permit may transfer herring at sea to an Atlantic herring carrier up to the applicable possession limits specified in § 648.204, provided it is issued a letter of authorization for the transfer of herring and that no more than the applicable 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg) herring possession limit may be caught or transferred at sea per trip or per calendar day if the vessel is in, or the fish were harvested from, an area subject to a possession limit adjustment or fishery closure as specified in § 648.201. (3) If a herring management area has been closed to fishing as specified in § 648.201, a vessel may not transfer Atlantic herring harvested from or in the area to an IWP or Joint Venture vessel. (4) If the amount of herring transshipped to a Canadian transshipment vessel would cause the amount of the border transfer specified pursuant to § 648.200 to be exceeded, a vessel may not transfer Atlantic herring to a Canadian transshipment vessel permitted in accordance with Public Law 104-297. (5) Transfer to at-sea processors. (6) Transfers between herring vessels. (g) All persons are prohibited from transferring at sea, either directly or indirectly, or attempting to transfer at sea to any vessel, any red crab or red crab parts, taken in or from the EEZ portion of the Red Crab Management Unit. (h) Skates. (2) Vessels and vessel owners or operators issued Federal skate permits under § 648.4(a)(14) may transfer at sea skates taken in or from the EEZ portion of the Skate Management Unit, provided: (i) The transferring vessel possesses on board a valid letter of authorization issued by the Regional Administrator as specified under § 648.322(c); and (ii) The transferring vessel and vessel owner or operator comply with the requirements specified at § 648.322(c). (i) Scup. (2) The owner or operator of a vessel issued a Federal scup permit under § 648.4(a)(6)(i)(A) may transfer at sea scup taken in or from the EEZ portion of the Scup Management Unit, provided: (i) The transfer occurs between two vessels with Federal scup permits; (ii) The transfer occurs seaward of a boundary line that begins at 40°50′ N. lat., 70°00′ W. long., and runs south to connect points at 40°15′ N. lat., 73°30′ W. long.; 37°50′ N. lat., 75°00′ W. long.; and 35°30′ N. lat., 75°00′ W. long.; (iii) The donating and receiving vessels possess gear that meets the requirements at § 648.125(a)(2), (3), and (4) for commercial scup fishing gear; (iv) The transfer occurs in the Winter I or Winter II periods of the scup fishing year; (v) There is only one transfer per fishing trip for the donor vessel; (vi) The donor vessel removes only enough scup from the net to attain the scup possession limit; (vii) After removal of scup from the net by the donor vessel, the entire codend, with all its contents, is transferred to the receiving vessel; (viii) Only scup in an amount not to exceed the possession limit are retained by the receiving vessel; (ix) While fishing for scup, all other nets are stored and not available for immediate use as defined in § 648.2; and (x) The donating and receiving vessels report the transfer amount on the vessel trip report for each vessel. [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 648.14 Prohibitions. (a) General prohibitions. (1) Violate any provision of this part, the Magnuson-Stevens Act, or any regulation, notice, or permit issued under the Magnuson-Stevens Act, or any other statute administered by NOAA. (2) Assist, aid, or abet in the commission of any act prohibited by the Magnuson-Stevens Act; or any regulation, notice, or permit issued under the Magnuson-Stevens Act; or any other statute administered by NOAA. (3) Fail to report to the Regional Administrator within 15 days any change in the information contained in any permit or permit application. (4) Falsify or fail to affix and maintain vessel markings as required by § 648.8. (5) Make any false statement or provide any false information on, or in connection with, an application, declaration, record or report under this part. (6) Fail to comply in an accurate and timely fashion with the log report, reporting, record retention, inspection, or other requirements of § 648.7, or submit or maintain false information in records and reports required to be kept or filed under § 648.7. (7) Possess, import, export, transfer, land, or have custody or control of any species of fish regulated pursuant to this part that do not meet the minimum size provisions in this part, unless such species were harvested exclusively within state waters by a vessel that does not hold a valid permit under this part, or are species included in the NE Multispecies Fishery Management Plan that were either harvested by a vessel participating in the maximized retention electronic monitoring program consistent with § 648.11(l)(10)(i)(E) or harvested by a vessel issued a valid High Seas Fishing Compliance permit that fished exclusively in the NAFO Regulatory Area. (8) Fail to comply with any sea turtle conservation measure specified in 50 CFR parts 222 and 223, including any sea turtle conservation measure implemented by notification in the Federal Register. (9) Violate any provision of an in-season action to adjust trip limits, gear usage, season, area access and/or closure, or any other measure authorized by this part. (10)(i) Purchase, receive for a commercial purpose other than transport to a testing facility, or process; or attempt to purchase, receive for commercial purpose other than transport to a testing facility; or process, outside Maine, ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose. (ii) Land ocean quahogs outside Maine that are harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose. (iii)—(iv) [Reserved] (v) Fish for, harvest, catch, possess, or attempt to fish for, harvest, catch, or possess Atlantic surfclams and ocean quahogs from the reopened portion of the Georges Bank Closed Area, as defined in § 648.76(a)(4), unless issued a Letter of Authorization, and fishing under the appropriate VMS declaration and under the terms and conditions of the PSP testing protocol, as specified in § 648.76(a)(4)(i). (b) Vessel and operator permits. (1) Fish for, take, catch, harvest or land any species of fish regulated by this part in or from the EEZ, unless the vessel has a valid and appropriate permit issued under this part and the permit is on board the vessel and has not been surrendered, revoked, or suspended. (2) Alter, erase, or mutilate any permit issued under this part or any document submitted in support of an application for any such permit. (3) Operate or act as operator of a vessel that fishes for or possesses any species of fish regulated by this part, or that is issued a vessel permit pursuant to this part, without having been issued and possessing a valid operator's permit. (4) Fish for, possess, or land species regulated under this part with or from a vessel that is issued a limited access or moratorium permit under § 648.4(a) and that has had the horsepower or length overall of such vessel or its replacement upgraded or increased in excess of the limitations specified in § 648.4(a)(1)(i)(E) and (F). (5) Fish for, take, catch, harvest or land any species of fish regulated by this part for which the vessel is eligible to possess under a limited access or moratorium permit prior to the time the vessel has been reissued the applicable limited access or moratorium permit by NMFS. (6) Attempt to replace a limited access or moratorium fishing vessel, as specified at § 648.4(a)(1)(i)(E), more than once during a permit year, unless the vessel has been rendered permanently inoperable. (7) Purchase, possess, or receive from a vessel for a commercial purpose, other than solely for transport on land, any species of fish for which a vessel permit is required under this part, unless the vessel possesses a valid vessel permit issued under this part. (8) Transfer, remove, or offload, for a commercial purpose; or attempt to transfer, remove, land, or offload, for a commercial purpose; at sea, any species regulated under this part, unless the transferring vessel has been issued and carries on board a valid LOA from the Regional Administrator, or is otherwise exempted, and the receiving vessel has been issued and has on board a valid Federal permit for the species that is being transferred. (9) Fish for, possess, or retain fish, during a fishing trip, aboard a Federally permitted vessel that, in the absence of an emergency, has not been operating under its own power for the entire trip. (10) Fish with bottom-tending gear within the Frank R. Lautenberg Deep-sea Coral Protection Area described at § 648.372, unless transiting pursuant to § 648.372(d), fishing lobster trap gear in accordance with § 697.21 of this chapter, or fishing red crab trap gear in accordance with § 648.264. Bottom-tending gear includes but is not limited to bottom-tending otter trawls, bottom-tending beam trawls, hydraulic dredges, non-hydraulic dredges, bottom-tending seines, bottom longlines, pots and traps, and sink or anchored gill nets. (11) If fishing with bottom-tending mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure areas described in § 648.371, unless otherwise exempted. (12) Unless otherwise exempted, fish in the Dedicated Habitat Research Areas defined in § 648.371. (13) Fish with bottom-tending gear within the Georges Bank Deep-Sea Coral Protection Area described at § 648.373(a)(2), unless transiting pursuant to § 648.373(d) or fishing red crab trap gear in accordance with § 648.264. Bottom-tending gear includes, but is not limited to, bottom-tending otter trawls, bottom-tending beam trawls, hydraulic dredges, non-hydraulic dredges, bottom-tending seines, bottom longlines, pots and traps, and sink or anchored gill nets. (14) Fish with bottom-tending mobile gear within the Mount Desert Rock Coral Protection Area described at § 648.373(b), unless transiting pursuant to § 648.373(d). Bottom-tending mobile gear includes, but is not limited, to otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine). (15) Fish with bottom-tending mobile gear within the Outer Schoodic Ridge Coral Protection Area described at § 648.373(c), unless transiting pursuant to § 648.373(d). Bottom-tending mobile gear includes, but is not limited to, otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine). (c) Dealer permits. (1) Purchase, possess or receive for a commercial purpose; or attempt to purchase, possess or receive for a commercial purpose; other than solely for transport on land, any species regulated under this part unless in possession of a valid dealer permit issued under this part, except that this prohibition does not apply to species that are purchased or received from a vessel not issued a permit under this part that fished exclusively in state waters, or pursuant to the § 648.17 NAFO Regulatory Area exemptions. (2) Sell, barter, trade, or transfer; or attempt to sell, barter, trade, or transfer; other than solely for transport on land, any Atlantic herring, multispecies, or monkfish from a vessel that fished for such species in the EEZ, unless the dealer or transferee has a valid dealer permit issued under § 648.6. A person who purchases and/or receives Atlantic herring at sea for his own personal use as bait, and does not have purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on board, is exempt from the requirement to possess an Atlantic herring dealer permit. (d) VMS. (1) Tamper with, damage, destroy, alter, or in any way distort, render useless, inoperative, ineffective, or inaccurate the VMS, VMS unit, or VMS signal required to be installed on or transmitted by vessel owners or operators required to use a VMS by this part. (2) Fail to submit the appropriate VMS activity code for the intended activity at the appropriate time, in accordance with § 648.10. (3) Fail to comply with the appropriate VMS reporting requirements, as specified in § 648.10. (e) Observer program. (1) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any observer or monitor conducting his or her duties; any electronic monitoring provider staff who collects data required under this part; any authorized officer conducting any search, inspection, investigation, or seizure in connection with enforcement of this part; any official designee of the Regional Administrator conducting his or her duties, including those duties authorized in §§ 648.7(g) and 648.11(l)(10)(v). (2) Refuse monitoring coverage by an observer or monitor if selected for monitoring coverage by the Regional Administrator or the Regional Administrator's designee. (3) Fail to provide information, notification, accommodations, access, or reasonable assistance to an observer, monitor, or electronic monitoring provider staff conducting his or her duties as specified in § 648.11. (4) Submit false or inaccurate data, statements, or reports. (f) Research and experimental fishing. (g) Squid, mackerel, and butterfish All persons. (i) Possession and landing. Illex (ii) Recreational possession. (iii) Transfer and purchase. Illex Illex (B) Transfer longfin squid, Illex Illex (2) Vessel and operator permit holders. Illex (i) General requirement. (ii) Possession and landing. (B) Possess more than the incidental catch allowance of Illex Illex (C) Possess more than the incidental catch allowance of Atlantic mackerel, unless issued a limited access Atlantic mackerel permit. (D) Take and retain, possess, or land Atlantic chub mackerel, Atlantic mackerel, squid, or butterfish in excess of a possession limit specified in § 648.26. (E) Possess more than 5,000 lb (2.27 mt) of butterfish, unless the vessel meets the minimum mesh requirements specified in § 648.23(a). (F) Possess more than the incidental catch allowance of butterfish, unless issued a butterfish moratorium permit. (iii) Gear and vessel requirements. Illex (B) Fish for, retain, or possess Atlantic mackerel in or from the EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the retention and possession of Atlantic mackerel for processing by a vessel holding a valid at-sea processor permit pursuant to § 648.6(a)(2). It shall be presumed that the Atlantic mackerel on board were harvested in or from the EEZ, unless the preponderance of reliable evidence available indicates otherwise. (C) Enter or fish in the mackerel, squid, and butterfish bottom trawling restricted areas, as described in § 648.23(a)(6). (D) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of § 648.80(d) and (e). (iv) Observer requirements for longfin squid fishery. (v) VMS reporting requirements in the directed Atlantic mackerel, longfin squid, and Illex squid fisheries. Illex Illex Illex (B) Fail to notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hr prior to arrival, or, if fishing ends less than 6 hours before arrival, immediately upon leaving the fishing grounds, if a vessel has been issued a Limited Access Atlantic mackerel permit, pursuant to § 648.10. (vi) Slip catch, as defined at § 648.2, unless for one of the reasons specified at § 648.11(n)(3)(i) if issued a limited access Atlantic mackerel permit, or a longfin squid or a butterfish moratorium permit. (vii) For vessels with a limited access Atlantic mackerel permits, fail to move 15 nm (27.8 km), as required by § 648.11(n)(3)(iii). (viii) For vessels with a limited access Atlantic mackerel permit, fail to immediately return to port as required by § 648.11(n)(3)(iv). (ix) Fail to complete, sign, and submit a Released Catch Affidavit if fish are released pursuant to the requirements at § 648.11(n)(3)(ii). (x) Fail to report or fail to accurately report a slippage event on the VMS mackerel and longfin squid daily catch report, as required by § 648.11(n)(3)(ii). (3) Charter/party restrictions. Illex (i) Violate any recreational fishing measures established pursuant to § 648.22(d). (ii) Sell or transfer Atlantic chub mackerel, Atlantic mackerel, Illex (iii) Carry passengers for hire while fishing commercially under an Atlantic mackerel, Illex (4) Presumption. Illex (h) Atlantic salmon. (1) Possession and landing. (ii) Transfer, directly or indirectly; or attempt to transfer, directly or indirectly; to any vessel any Atlantic salmon taken in or from the EEZ. (2) [Reserved] (i) Atlantic sea scallops All persons. (i) Permit requirement. (ii) Gear and crew requirements. (iii) Possession and landing. (iv) Transfer and purchase. (B) Sell, barter, or trade, or otherwise transfer scallops from a vessel; or attempt to sell, barter or trade, or otherwise transfer scallops from a vessel; for a commercial purpose, unless the vessel has been issued a valid Federal scallop permit pursuant to § 648.4(a)(2), or the scallops were harvested by a vessel that has not been issued a Federal scallop permit and fishes for scallops exclusively in state waters. (C) Purchase, possess, or receive for commercial purposes; or attempt to purchase or receive for commercial purposes; scallops from a vessel other than one issued a valid limited access or LAGC scallop permit, unless the scallops were harvested by a vessel that has not been issued a Federal scallop permit and fishes for scallops exclusively in state waters. (D) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any scallops harvested from the EEZ by a vessel issued a Federal scallop permit, unless the transferee has a valid scallop dealer permit. (v) Ownership cap. (vi) Closed area requirements Habitat Management Areas. 1 ( 2 (B) Scallop Rotational Areas. 1 ( 2 ( 3 (C) Western Gulf of Maine Closure Area. ( 1 (vii) Scallop sectors. (viii) Scallop research. (B) Fish for scallops in, or possess or land scallops from the NGOM, unless allocated NGOM RSA allocation as described in § 648.56(d) and fishing on a scallop research set aside compensation trip. (ix) Observer program. (B) Fail to provide information, notification, accommodations, access, or reasonable assistance to an observer conducting his or her duties aboard a vessel, as specified in § 648.11. (C) Fail to comply with the notification, observer services procurement, and observer services payment requirements of the sea scallop observer program specified in § 648.11(k). (x) Presumption. (2) Limited access scallop vessel permit holders. (i) Minimum shell height. (ii) Vessel, gear, and crew restrictions. (B) While under or subject to the DAS allocation program, in possession of more than 40 lb (18.1 kg) of shucked scallops or 333 lb (151 kg) of in-shell scallops, or fishing for scallops in the EEZ: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 (iii) Possession and landing. (B) Fish for, possess, or land more than 3,332 lb (1,511 kg) of in-shell scallops inside the VMS Demarcation Line on or by a vessel, except as provided in the state waters exemption, as specified in § 648.54. (C) Fish for, possess, or land per trip, at any time, scallops in excess of any sea scallop possession and landing limit set by the Regional Administrator in accordance with § 648.59(b)(3) when properly declared into the Sea Scallop Area Access Program as described in § 648.59. (D) Fish for, possess, or land yellowtail flounder from a vessel on a scallop fishing trip. (E) Fish for, possess, or land scallops from the NGOM, unless on a scallop RSA compensation trip and allocated NGOM RSA allocation as described in § 648.56(d). (iv) DAS. (B) Combine, transfer, or consolidate DAS allocations, except as allowed for one-for-one Access Area trip exchanges as specified in § 648.59(b)(3)(ii). (C) Fail to comply with any requirement for declaring in or out of the DAS allocation program or other notification requirements specified in § 648.10. (D) Fail to comply with any requirements for declaring out of the DAS allocation program and steaming to land scallops at ports located at or south of 39° N. lat., as specified in § 648.53(f)(3). (E) Possess on board or land in-shell scallops if declaring out of the DAS allocation program and steaming to land scallops at ports located at or south of 39° N. lat. (v) VMS requirements. (B) If the vessel is not subject to VMS requirements specified in § 648.10(b), fail to comply with the requirements of the call-in system specified in § 648.10(c). (C) If a limited access scallop vessel declares a scallop trip before first crossing the VMS Demarcation Line, but not necessarily from port, in accordance with § 648.10(f), fail to declare out of the fishery in port and have fishing gear not available for immediate use as defined in § 648.2, until declared into the scallop fishery. (D) Once declared into the scallop fishery in accordance with § 648.10(f), change its VMS declaration until the trip has ended and scallop catch has been offloaded, except as specified at § 648.53(f)(3). (E) Fail to submit a scallop access area pre-landing notification form through VMS as specified at § 648.10(f)(4)(iii). (vi) Scallop Rotational Area Management Program and Scallop Access Area Program requirements. (B) [Reserved] (C) Fish for, possess, or land scallops in or from a Scallop Access Area in excess of the vessel's remaining specific allocation for that area as specified in § 648.59(b)(3) or the amount permitted to be landed from that area. (D) Possess more than 3,332 lb (1,511 kg) of in-shell scallops outside the boundaries of a Scallop Access Area by a vessel that is declared into the Scallop Access Area Program as specified in § 648.59. (E) Fish for, possess, or land scallops in or from any Scallop Access Area without an observer on board, unless the vessel owner, operator, or manager has received a waiver to carry an observer for the specified trip and area fished. (F)-(G) [Reserved] (vii) State waters exemption program. (viii) [Reserved] (ix) Fish for scallops in the Mid-Atlantic Accountability Measure Area, described in § 648.64(b)(2) with gear that does not meet the specifications described in § 648.64(c) during the period specified in the notice announcing the Southern New England/Mid-Atlantic Yellowtail Flounder or the Southern Windowpane Flounder Gear Restricted Area described in § 648.64(e) and (g), respectively. (x) Fish for scallops in the Georges Bank Accountability Measure Area described in § 648.64(b)(1), with gear that does not meet the specifications described in § 648.64(c) during the period specified in the notice announcing the Georges Bank Yellowtail Flounder or the Northern Windowpane Flounder Gear Restricted Area described in § 648.64(d) and (f), respectively. (3) LAGC scallop vessels. (i) Permit requirements. (B) [Reserved] (ii) Gear requirements. (B) Possess or use dredge gear that does not comply with any of the provisions or specifications in § 648.51(b). (iii) Possession and landing. (B) Possess in-shell scallops while in possession of the maximum allowed amount of shucked scallops specified for each LAGC scallop permit category in § 648.52. (iv) VMS requirements. (B) Fail to comply with any requirement for declaring in or out of the LAGC scallop fishery or other notification requirements specified in § 648.10(f). (C) If an LAGC scallop vessel declares a scallop trip shoreward of the VMS Demarcation Line, but not necessarily from port, in accordance with § 648.10(f), fail to declare out of the fishery in port and have fishing gear not available for immediate use as defined in § 648.2, until declared into the scallop fishery. (D) Once declared into the scallop fishery in accordance with § 648.10(f), change its VMS declaration until the trip has ended and scallop catch has been offloaded. (v) Scallop rotational area management program and scallop access area program requirements. (B) Declare into or leave port for an area specified in § 648.60 after the effective date of a notification published in the Federal Register (C) Fish for or land per trip, or possess in excess of 40 lb (18.1 kg) of shucked scallops at any time in or from any Scallop Access Area specified at § 648.60, unless declared into the Scallop Access Area Program. (D) Fish for, possess, or land scallops in or from any Scallop Access Area without an observer on board, unless the vessel owner, operator, or manager has received a waiver to carry an observer for the specified trip and area fished. (E) [Reserved] (vi) Sectors. (4) IFQ scallop permit. (i) Possession and landing. (B) [Reserved] (C) Declare into the NGOM scallop management area and fish against the NGOM Set-Aside after the effective date of a notification published in the Federal Register (D)—(E) [Reserved] (F) Fish for, possess, or land scallops in excess of a vessel's IFQ. (ii) Owner and allocation cap. (B) Have an IFQ allocation on an IFQ scallop vessel of more than 2.5 percent of the total IFQ scallop APL as specified in § 648.53(a)(9). (iii) IFQ Transfer Program. (B) Apply for an IFQ transfer that will result in the receiving vessel having an IFQ allocation in excess of 2.5 percent of the total IFQ scallop ACL as specified in § 648.53(a)(4)(i). (C) Fish for, possess, or land transferred IFQ prior to approval of the transfer by the Regional Administrator as specified in § 648.53(h)(5). (D)-(F) [Reserved] (G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel that has not been issued a valid IFQ scallop permit. (iv) Cost Recovery Program. (v) Fish for scallops in the Mid-Atlantic Accountability Measure Area, described in § 648.64(b)(2) with gear that does not meet the specifications described in § 648.64(c) during the period specified in the notice announcing the Southern New England/Mid-Atlantic Yellowtail Flounder or the Southern Windowpane Flounder Gear Restricted Area described in § 648.64(e) and (g), respectively. (vi) Fish for scallops in the Georges Bank Accountability Measure Area described in § 648.64(b)(1), with gear that does not meet the specifications described in § 648.64(c) during the period specified in the notice announcing the Georges Bank Yellowtail Flounder or the Northern Windowpane Flounder Gear Restricted Area described in § 648.64(d) and (f), respectively. (5) NGOM scallop permit. (i) Declare into, or fish for or possess scallops outside of the NGOM Scallop Management Area as defined in § 648.62. (ii) [Reserved] (iii) Fish for, possess, or land scallops in state or Federal waters of the NGOM management area after the effective date of notification in the Federal Register (iv) Fish for, possess, or retain scallops in Federal waters of the NGOM after declaring a trip into NGOM state waters. (j) Atlantic surfclam and ocean quahog. (1) Possession and landing. (ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ at sea, unless permitted by the Regional Administrator under the terms of § 648.75. (iii) Fish for, retain, or land both surfclams and ocean quahogs in or from the EEZ on the same trip. (iv) Fish for, retain, or land ocean quahogs in or from the EEZ on a trip designated as a surfclam fishing trip under § 648.15(b); or fish for, retain, or land surfclams in or from the EEZ on a trip designated as an ocean quahog fishing trip under § 648.15(b). (v) Fail to offload any surfclams or ocean quahogs harvested in the EEZ from a trip discontinued pursuant to § 648.15(b) prior to commencing fishing operations in waters under the jurisdiction of any state. (vi) Land or possess any surfclams or ocean quahogs harvested in or from the EEZ without having been issued, or in excess of, an individual allocation. (2) Transfer and purchase. (ii) Transfer any surfclams or ocean quahogs harvested in or from the EEZ to any person for a commercial purpose, other than solely for transport on land, without a surfclam or ocean quahog processor or dealer permit. (iii) Offload unshucked surfclams or ocean quahogs harvested in or from the EEZ outside the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages. (3) Gear and tags requirements. (ii) Produce, or cause to be produced, cage tags required under this part without written authorization from the Regional Administrator. (iii) Tag a cage with a tag that has been rendered null and void or with a tag that has been previously used. (iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag a cage of ocean quahogs with a surfclam cage tag. (v) Possess an empty cage to which a cage tag required by § 648.77 is affixed, or possess any cage that does not contain surfclams or ocean quahogs and to which a cage tag required by § 648.77 is affixed. (vi) Land or possess, after offloading, any cage holding surfclams or ocean quahogs without a cage tag or tags required by § 648.77, unless the person can demonstrate the inapplicability of the presumptions set forth in § 648.77(h). (vii) Sell null and void tags. (viii) Take action to circumvent an ITQ quota share cap or cage tag cap specified in 648.74(a)(2) or fail to take corrective action if such cap is exceeded inadvertently. (4) VMS requirements. (A) Fish for, land, take, possess, or transfer surfclams or ocean quahogs under an open access surfclam or ocean quahog permit without having provided proof to the Regional Administrator that the vessel has a fully functioning VMS unit on board the vessel and declared a surfclam, ocean quahog, or Maine mahogany quahog fishing activity code via the VMS unit prior to leaving port as specified at § 648.15(b). (B) Fish for, land, take, possess, or transfer ocean quahogs under a limited access Maine mahogany quahog permit without having provided proof to the Regional Administrator of NMFS that the vessel has a fully functioning VMS unit on board the vessel and declared a fishing trip via the VMS unit as specified at § 648.15(b). (5) Maine mahogany quahog zone. (ii) Land unshucked surfclams and ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone in containers other than cages from vessels capable of carrying cages unless, with respect to ocean quahogs, the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing for an individual allocation of quahogs under § 648.74. (iii) Offload unshucked surfclams harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages. (iv) Offload unshucked ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages, unless the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing for an individual allocation of quahogs under § 648.74. (v) Land or possess ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone after the effective date published in the Federal Register (6) Presumptions. (i) Possession of surfclams or ocean quahogs on the deck of any fishing vessel in closed areas, or the presence of any part of a vessel's gear in the water in closed areas is prima facie evidence that such vessel was fishing in violation of the provisions of the Magnuson-Stevens Act and these regulations. (ii) Surfclams or ocean quahogs landed from a trip for which notification was provided under § 648.15(b) or § 648.74(b) are deemed to have been harvested in the EEZ and count against the individual's annual allocation, unless the vessel has a valid Maine mahogany quahog permit issued pursuant to § 648.4(a)(4)(i) and is not fishing for an individual allocation under § 648.74. (iii) Surfclams or ocean quahogs found in cages without a valid state tag are deemed to have been harvested in the EEZ and are deemed to be part of an individual's allocation, unless the vessel has a valid Maine mahogany quahog permit issued pursuant to § 648.4(a)(4)(i) and is not fishing for an individual allocation under § 648.74; or, unless the preponderance of available evidence demonstrates that he/she has surrendered his/her surfclam and ocean quahog permit issued under § 648.4 and he/she conducted fishing operations exclusively within waters under the jurisdiction of any state. Surfclams and ocean quahogs in cages with a Federal tag or tags, issued and still valid pursuant to this part, affixed thereto are deemed to have been harvested by the individual allocation holder to whom the tags were issued or transferred under § 648.74 or § 648.77(b). (k) NE multispecies Permit requirements for all persons. (i) Fish for, possess, or land NE multispecies, unless: (A) The NE multispecies are being fished for or were harvested in or from the EEZ by a vessel holding a valid Federal NE multispecies permit under this part, or a letter under § 648.4(a)(1), and the operator on board such vessel has a valid operator's permit and has it on board the vessel. (B) The NE multispecies were harvested by a vessel not issued a Federal NE multispecies permit, nor eligible to renew or be reissued a limited access NE multispecies permit as specified in § 648.4(b)(2), that fishes for NE multispecies exclusively in state waters. (C) The NE multispecies were harvested in or from the EEZ by a recreational fishing vessel. (D) Any haddock, and up to 100 lb (45 kg) of other regulated NE multispecies other than haddock, were harvested by a vessel issued a Category A or B Herring Permit on a declared herring trip, regardless of gear or area fished, or a vessel issued a Category C, D, or E Herring Permit that fished with midwater trawl gear, pursuant to the requirements in § 648.80(d) and (e), and such fish are not sold for human consumption. (E) Otherwise specified in § 648.17. (ii) Land, offload, remove, or otherwise transfer; or attempt to land, offload, remove or otherwise transfer; NE multispecies from one vessel to another vessel, unless both vessels have not been issued Federal NE multispecies permits and both fish exclusively in state waters, unless authorized in writing by the Regional Administrator, or otherwise allowed. (iii) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise transfer; for a commercial purpose any NE multispecies from a trip, unless: (A) The vessel is holding a Federal NE multispecies permit, or a letter under § 648.4(a)(1), and is not fishing under the charter/party vessel restrictions specified in § 648.89. (B) The NE multispecies were harvested by a vessel without a Federal NE multispecies permit that fishes for NE multispecies exclusively in state waters. (C) Or as otherwise specified in § 648.17. (iv) Operate or act as an operator of a vessel fishing for or possessing NE multispecies in or from the EEZ, or holding a Federal NE multispecies vessel permit without having been issued and possessing a valid operator's permit. (2) Permit requirements for vessel and operator permit holders. (i) Fish for, possess, or land NE multispecies with or from a vessel that has had the length overall of such vessel, or its replacement, increased or upgraded in excess of limitations specified in § 648.4(a)(1)(i)(E) and (F). (ii) Fish for, possess, or land NE multispecies with or from a vessel that has had the horsepower of such vessel or its replacement upgraded or increased in excess of the limitations specified in § 648.4(a)(1)(i)(E) and (F). (iii) Fail to comply with the pre-trip notification requirements of the NE multispecies observer program specified in § 648.11(l). (iv) Possess or land fish while setting fixed gear on a set-only trip as declared through the pre-trip notification system pursuant to § 648.11(l). (v) Fish for, possess, land fish, enroll in a sector, or lease a permit or confirmation of permit history (CPH) as a lessor or lessee, with a permit that has been rendered unusable as specified in § 648.4(a)(1)(i)(N). (vi) Acquire a limited access NE multispecies permit that would result in a permit holder exceeding any of the ownership accumulation limits specified in § 648.4(a)(1)(i)(N), unless authorized under § 648.4(a)(1)(i)(N). (3) Dealer requirements. (i) Purchase, possess, import, export, or receive as a dealer, or in the capacity of a dealer, allocated regulated species or ocean pout in excess of the possession limits specified in § 648.82, § 648.85, § 648.86, or § 648.87 applicable to a vessel issued a NE multispecies permit, unless otherwise specified in § 648.17, or unless the regulated species or ocean pout are purchased or received from a vessel that caught them on a sector trip and such species are exempt from such possession limits in accordance with an approved sector operations plan, as specified in § 648.87(c). (ii) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any NE multispecies harvested from the EEZ by a vessel issued a Federal NE multispecies permit, unless the transferee has a valid NE multispecies dealer permit. (iii) Purchase, possess, import, export, or receive as a dealer, or in the capacity of a dealer, allocated regulated species from a vessel participating in the maximized retention electronic monitoring program in § 648.11(l) unless the offload of catch was observed by a dockside monitor or NMFS issued a waiver from dockside monitoring for the trip. (iv) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any observer or monitor conducting his or her duties or any electronic monitoring provider staff who collects data required under this part. (v) Impede a dockside monitor's access to their premises, scales, and any fish received from vessels participating in the maximized retention electronic monitoring program; fail to facilitate dockside monitoring for vessels participating in a maximized retention electronic monitoring program; or fail to process, sort, label, and report fish from vessels participating in the maximized retention monitoring program, as required in § 648.11(l)(10)(iv). (4) NAFO. (5) Regulated Mesh Areas. (i) Violate any of the provisions of § 648.80, including paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; (a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket Shoals Dogfish Fishery Exemption Area; (h)(3)(i), the GOM Scallop Dredge Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery; (h)(3)(ii), the Georges Bank/Southern New England Scallop Dredge Exemption Area; (a)(19), the Eastern and Western Cape Cod Spiny Dogfish Exemption Areas; (b)(3), exemptions (small mesh); (b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6), the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet Exemption Area; (h)(3)(ii); or (b)(12), the SNE Skate Bait Trawl Exemption Area. Each violation of any provision in § 648.80 constitutes a separate violation. (ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern New England Regulated Mesh Areas, except as provided in § 648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all gear (other than exempted gear) must be stowed and not available for immediate use as defined in § 648.2. (iii) Gulf of Maine and Georges Bank Regulated Mesh Areas. (B) Fish within the areas described in § 648.80(a)(6) with net mesh smaller than the minimum size specified in § 648.80(a)(3) or (4). (iv) Southern New England Regulated Mesh Area. (v) Mid-Atlantic Regulated Mesh Area. (vi) Mid-water trawl exempted fishery. (B) Possess, land, or fish for regulated species or ocean pout, except winter flounder as provided for in accordance with § 648.80(i) from or within the areas described in § 648.80(i), while in possession of scallop dredge gear on a vessel not fishing under the scallop DAS program as described in § 648.53, or fishing under a LAGC permit, unless the vessel and the dredge gear conform with the definition of not available for immediate use as defined in § 648.2, or unless the vessel has not been issued a Federal NE multispecies permit and fishes for, possesses, or lands NE multispecies exclusively in state waters. (vii) Scallop vessels. (B) Possess, land, or fish for regulated species, except winter flounder as provided for in accordance with § 648.80(i) from or within the areas described in § 648.80(i), while in possession of scallop dredge gear on a vessel not fishing under the scallop DAS program as described in § 648.53, or fishing under a general scallop permit, unless the vessel and the dredge gear conform with the definition of not available for immediate use as defined in § 648.2, or unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters. (viii) Northern shrimp and small mesh multispecies exempted fisheries. (B) Fish for, harvest, possess, or land in or from the EEZ, when fishing with trawl gear, any of the exempted species specified in § 648.80(a)(9)(i), unless such species were fished for or harvested by a vessel meeting the requirements specified in § 648.80(a)(5)(ii) or (a)(9)(ii). (ix) Winter flounder state exemption program. (6) Gear requirements For all persons. (A) Obstruct or constrict a net as described in § 648.80(g)(1) or (2). (B) Fish for, harvest, possess, or land any species of fish in or from the GOM/GB Inshore Restricted Roller Gear Area described in § 648.80(a)(3)(vii) with trawl gear where the diameter of any part of the trawl footrope, including discs, rollers or rockhoppers, is greater than 12 inches (30.5 cm). (C) Fish for, land, or possess NE multispecies harvested with brush-sweep trawl gear unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters. (D) Possess brush-sweep trawl gear while in possession of NE multispecies, unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters. (E) Use, set, haul back, fish with, possess on board a vessel, unless stowed and not available for immediate use as defined in § 648.2, or fail to remove, sink gillnet gear and other gillnet gear capable of catching NE multispecies, with the exception of single pelagic gillnets (as described in § 648.81(b)(2)(ii) and (d)(5)(ii)), in the areas and for the times specified in § 648.80(g)(6)(i) and (ii), except as provided in § 648.80(g)(6)(i) and (ii), and § 648.81(b)(2)(ii) and (d)(5)(ii), or unless otherwise authorized in writing by the Regional Administrator. (F) Fish for, land, or possess NE multispecies harvested with the use of de-hookers (“crucifiers”) with less than 6-inch (15.2-cm) spacing between the fairlead rollers unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters. (G) Possess or use de-hookers (“crucifiers”) with less than 6-inch (15.2-cm) spacing between the fairlead rollers while in possession of NE multispecies, unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters. (ii) For vessel and operator permit holders. (A) Gillnet gear. 1 4 3 3 3 ( 2 ( 3 ( 4 ( 5 (B) Hook gear. (7) Closed areas and EFH All persons. (A) Groundfish Closure Area restrictions. (B) Groundfish Closure Area possession restrictions. (C) Restricted Gear Areas. 1 ( 2 ( 3 (D) Georges Bank Seasonal Closure Areas. (E) [Reserved] (F) Closed Area II. (G) [Reserved] (ii) Vessel and permit holders. (8) DAS restrictions for all persons. (i) For vessels issued a limited access NE multispecies permit, or those issued a limited access NE multispecies permit and a limited access monkfish permit (Category C, D, F, G, or H), but not fishing under the limited access monkfish Category A or B provisions as allowed under § 648.92(b)(2), call into the DAS program prior to 1 hr before leaving port. (ii) Call in DAS in excess of those allocated, leased, or permanently transferred, in accordance with the restrictions and conditions of § 648.82. (9) DAS restrictions for vessel and operator permit holders. (i) [Reserved] (ii) DAS Leasing Program. (B) Lease NE multispecies DAS or use leased DAS that have not been approved for leasing by the Regional Administrator as specified in § 648.82(k). (C) Provide false information on, or in connection with, an application, required under § 648.82(k)(3), to effectuate the leasing of NE multispecies DAS. (D) Act as lessor or lessee of a NE multispecies Category B DAS, or Category C DAS. (E) Act as lessor or lessee of NE multispecies DAS, if the lessor's or the lessee's vessels do not comply with the size restrictions specified in § 648.82(k)(4)(ix). (F) Sub-lease NE multispecies DAS. (G) [Reserved] (H) Lease NE multispecies DAS to a vessel that does not have a valid limited access multispecies permit. (I) [Reserved] (J) Lease NE multispecies DAS if the number of unused allocated DAS is less than the number of DAS requested to be leased. (K) Lease NE multispecies DAS in excess of the duration specified in § 648.82(k)(4)(viii). (L) Combine, transfer, or consolidate DAS allocations, except as provided for under the DAS Leasing Program or the DAS Transfer Program, as specified under § 648.82(k) and (l), respectively. (M) Lease NE multispecies DAS to or from a common pool vessel if either the Lessor or the Lessee vessel is a sector vessel. (N) Act as a lessor or lessee of NE multispecies DAS to or from a limited access permit that has been rendered unusable as specified in § 648.4(a)(1)(i)(N). (iii) DAS Transfer Program. (B) Provide false information on, or in connection with, an application, required by § 648.82(l)(2), for a NE multispecies DAS transfer. (C) Permanently transfer only a portion of a vessel's total allocation of DAS. (D) Permanently transfer NE multispecies DAS between vessels, if such vessels do not comply with the size restrictions specified in § 648.82(l)(1)(ii). (E) Transfer NE multispecies DAS to or from a common pool vessel if either the Transferor or the Transferee vessel is a sector vessel. (F) Transfer NE multispecies DAS to or from a sector vessel if either the Transferor or the Transferee vessel is enrolled in a different sector for that particular fishing year. (iv) Gillnet fishery. (B) For any common pool or sector vessel, fail to comply with the gillnet requirements and restrictions specified in § 648.82(j), unless otherwise exempted pursuant to § 648.87. (C) If a vessel has been issued a limited access Day gillnet category designation, fail to comply with the restrictions and requirements specified in § 648.82(j)(1). (D) If a vessel has been issued a limited access Trip gillnet category designation, fail to comply with the restrictions and requirements specified in § 648.82(j)(2). (v) Spawning blocks. (vi) DAS notification. ( 1 ( 2 (B) Fail to comply with any provision of the DAS notification program specified in § 648.10. (vii) Charter/party vessels. (10) Gear marking requirement for all persons. (11) U.S./Canada Resource Management Area Possession and landing restrictions of the U.S./Canada Area All Persons. 1 ( 2 ( 3 ( 4 2 4 (B) Vessel and operator permit holders. (ii) Gear requirements for all persons. 1 (iii) Notification and VMS requirements for all persons. (A) Enter or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in § 648.85(a)(1), unless declared into the area in accordance with § 648.85(a)(3)(ii). (B) If declared into one of the areas specified in § 648.85(a)(1), fish during that same trip outside of the declared area, unless in compliance with the applicable restrictions specified under § 648.85(a)(3)(ii)(A) or (B). (C) If the vessel has been issued a limited access NE multispecies DAS permit, and is in the area specified in § 648.85(a), fail to comply with the VMS requirements in § 648.85(a)(3)(i). (D) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Area specified in § 648.85(a)(1)(ii), but not in a SAP specified in § 648.85(b) on the same trip, fail to comply with the requirements specified in § 648.85(a)(3). (E) Fail to notify NMFS via VMS prior to departing the Eastern U.S./Canada Area, when fishing inside and outside of the area on the same trip, in accordance with § 648.85(a)(3)(ii)(A)( 1 (F) When fishing inside and outside of the Eastern U.S./Canada Area on the same trip, fail to abide by the most restrictive requirements that apply to any area fished, including the DAS counting, trip limits, and reporting requirements that apply, as described in § 648.85(a)(3)(ii)(A). (iv) Reporting requirements for all persons. (B) Fail to comply with the reporting requirements under § 648.85(a)(3)(ii)(A)( 2 (v) DAS. (A) All persons. (B) Vessel and operator permit holders. 1 ( 2 (vi) Closure of the U.S./Canada Area for all persons. (12) SAP restrictions (A) If declared into the areas specified in § 648.85(b), enter or exit the declared areas more than once per trip. (B) If a vessel is fishing under a Category B DAS in the Closed Area II Yellowtail Flounder SAP specified in § 648.85(b)(3), the Regular B DAS Program specified in § 648.85(b)(6), or the Eastern U.S./Canada Haddock SAP specified in § 648.85(b)(7), remove any fish caught with any gear, including dumping the contents of a net, except on board the vessel. (ii) General restrictions for vessel and operator permit holders. (iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions for all persons. (A) If fishing under the Closed Area II Yellowtail Flounder/Haddock SAP, fish for, harvest, possess, or land any regulated NE multispecies or ocean pout from the area specified in § 648.85(b)(3)(ii), unless in compliance with § 648.85(b)(3)(i) through (xiii). (B) Enter or fish in Closed Area II as specified in § 648.81(a)(5), unless declared into the area in accordance with § 648.85(b)(3)(v) or (b)(8)(v)(D). (C) Enter or fish in Closed Area II under the Closed Area II Yellowtail Flounder/Haddock SAP outside of the season specified in § 648.85(b)(3)(iii). (D) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in § 648.85(b)(3), exceed the number of trips specified in § 648.85(b)(3)(vi) or (vii). (E) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in § 648.85(b)(3), exceed the trip limits specified in § 648.85(b)(3)(viii). (F) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in § 648.85(b)(3), fail to comply with the gear requirements specified in § 648.85(b)(3)(x). (iv) [Reserved] (v) Regular B DAS Program restrictions for vessel and operator permit holders. (B) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to use a haddock separator trawl as described in § 648.85(a)(3)(iii)(A), or other approved gear as described in § 648.85(b)(6)(iv)(J). (C) If possessing a Ruhle Trawl, either at sea or elsewhere, as allowed under § 648.85(b)(6)(iv)(J)( 1 1 3 (D) Discard legal-sized NE regulated multispecies, ocean pout, Atlantic halibut, or monkfish while fishing under a Regular B DAS in the Regular B DAS Program, as described in § 648.85(b)(6)(iv)(E). (E) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with the landing limits specified in § 648.85(b)(6)(iv)(D). (F) If fishing under a Regular B DAS in the Regular B DAS Program, fail to comply with the DAS flip requirements of § 648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more than the landing limit for a groundfish stock of concern specified in § 648.85(b)(6)(iv)(D), other groundfish specified under § 648.86, or monkfish under § 648.94. (G) DAS usage restrictions. 1 ( 2 ( 3 (H) VMS requirements. 1 ( 2 (I) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with the observer notification requirement specified in § 648.85(b)(6)(iv)(B). (J) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with the reporting requirements specified in § 648.85(b)(6)(iv)(I). (vi) Eastern U.S./Canada Haddock SAP Restrictions (A) All Persons. 1 ( 2 VMS and declaration requirements. i ( ii ( 3 ( 4 1 1 3 ( 5 Possession limits and restrictions. i ( ii ( 6 ( 7 (B) Vessel and operator permit holders. ( 1 ( 2 DAS usage restrictions. i ( ii ( 3 (13) Possession and landing restrictions. (A) Under § 648.85 or § 648.86, fail to offload a sufficient amount of regulated species or ocean pout subject to a daily possession limit at the end of a fishing trip, as required by § 648.86(b)(6)(v). (B) Scallop vessels. (ii) Vessel and operator permit holders. (A) Land, or possess on board a vessel, more than the possession or landing limits specified in § 648.86(a) and (b); or violate any of the other provisions of § 648.86, unless otherwise specified in § 648.17. (B) Possess or land per trip more than the possession or landing limits specified in § 648.86(a) and (b); or § 648.85, if the vessel has been issued a limited access NE multispecies permit or open access NE multispecies permit, as applicable. (C) Fish for, possess at any time during a trip, or land regulated NE multispecies or ocean pout specified in § 648.86 after using up the vessel's annual DAS allocation or when not participating in the DAS program pursuant to § 648.82, unless otherwise exempted by § 648.82(b)(5), § 648.87, or § 648.89, or allowed pursuant to § 648.85(b)(6) or § 648.82(m). (D) For common pool vessels, including vessels issued a limited access monkfish permit and fishing under the monkfish Category C or D permit provisions, land regulated species or ocean pout more than once within any 24-hr period. (E) For common pool vessels, including vessels issued a limited access monkfish permit and fishing under the monkfish Category C or D permit provisions, fail to comply with the most restrictive trip limits applicable when fishing in multiple areas, as specified in § 648.85 or § 648.86. (14) Sector requirements. (i) Fail to abide by the restrictions specified in § 648.87(b)(1). (ii) Catch regulated species or ocean pout in excess of ACE allocated or transferred to that sector pursuant to § 648.87(b)(1)(i) and (viii), respectively. (iii) Fish in a particular stock area, the Eastern U.S./Canada Area, or a SAP if the sector has not been allocated, does not acquire, or otherwise has insufficient ACE remaining/available for all stocks caught in that area, or fail to operate in a manner that would not catch stocks for which the sector has not been allocated ACE, as described in an approved sector operations plan pursuant to § 648.87(b)(2)(xiv), as prohibited in § 648.87(b)(1)(ii). (iv) Violate the provisions of an approved sector operations plan or letter of authorization issued by the Regional Administrator, as required by § 648.87(b)(1)(iv) and (b)(2). (v) Fail to remain in the sector for the remainder of the fishing year, as required by § 648.87(b)(1). (vi) Unless otherwise required to use a NE multispecies DAS to participate in another fishery, fish in the NE multispecies DAS program in a given fishing year or, for common pool vessels, fish in an approved sector in a given fishing year. (vii) If a vessel is removed from a sector for violating the Sector rules, fish under the NE multispecies regulations for common pool vessels. (viii) Discard legal-sized regulated species or ocean pout allocated to sectors pursuant to § 648.87(b)(1)(i), as prohibited by § 648.11(l)(9). (ix) Fail to comply with the reporting requirements specified in §§ 648.11(l)(10)(iii) and 648.87(b)(1)(v). (x) Leave port to begin a trip before an at-sea monitor has arrived and boarded the vessel if assigned to carry an at-sea monitor for that trip, or without an operational electronic monitoring system installed on board, as specified in § 648.11(l)(3) and (l)(10)(i). (xi) Leave port to begin a trip if a vessel has failed a review of safety issues by an at-sea monitor and has not successfully resolved any identified safety deficiencies, as prohibited by § 648.11(l)(10)(i)(C). (xii) Fail to comply with the electronic monitoring system requirements as specified in § 648.11(l)(10)(i)(A), including, but not limited to: ensuring the electronic monitoring system is fully operational; conducting a system check of the electronic monitoring system; ensuring camera views are unobstructed and clear; and ensuring that no person tampers with the electronic monitoring system. (xiii) Fail to comply with the vessel monitoring plan requirements as specified in § 648.11(l)(10)(i)(B), including, but not limited to: carrying the vessel monitoring plan onboard the vessel at all times; complying with all catch handling protocols and other requirements in the vessel monitoring plan; submitting electronic monitoring data as required; and making the electronic monitoring system available to NMFS for inspection upon request. (xiv) Offload fish without a dockside monitor present or without a waiver issued by NMFS when participating in the maximized retention electronic monitoring program. (xv) Resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any dockside monitor conducting his or her duty to inspect a fish hold after offload. (xvi) Fish under a waiver from the groundfish sector monitoring program issued under § 648.11(l)(5)(ii) or (iii) without complying with the requirements of § 648.11(l)(5)(ii) or (iii), respectively; the VMS declaration requirements at § 648.10; and the pre-trip notification requirements at § 648.11(l)(1). (15) Open access permit restrictions All persons. (A) Violate any provision of the open access permit restrictions of § 648.82(m). (B) Possess on board gear other than that specified in § 648.82(m)(1)(i), or fish with hooks greater than the number specified in § 648.82(m)(1)(iii), if fishing under an open access Handgear permit. (ii) Vessel and operator permit holders Open access Handgear permit. ( 1 ( 2 ( 3 ( 4 (B) Scallop multispecies possession limit permit. (C) Open access NE multispecies (non-regulated species permit). (16) Recreational and charter/party requirements. (i) Possession and landing. (ii) Gear requirements. (iii) Seasonal and area restrictions. (A) Fail to comply with the applicable restrictions if transiting a stock area with cod or haddock on board that was caught from a different stock area, as specified in § 648.89(b)(2)(ii) and (c)(8). (B) Fail to comply with the requirements specified in § 648.81(d)(5)(v) when fishing in the areas described in § 648.81(b)(3) and (4) and (d) during the time periods specified. (C) If the vessel is a private recreational fishing vessel, fail to comply with the seasonal closure for cod or haddock described in § 648.89(c)(1) or, if the vessel has been issued a charter/party permit or is fishing under charter/party regulations, fail to comply with the seasonal closure for cod or haddock described in § 648.89(c)(2). (iv) Restriction on sale and transfer. (v) Size limits. (vi) Identification. (vii) Atlantic wolffish. (viii) Ocean pout. (ix) Windowpane flounder. (17) Presumptions. (18) Trimester TAC AM. (19) At-sea/electronic monitoring service providers. (i) Fail to comply with the operational requirements, including the recordkeeping and reporting requirements, specified in § 648.87(b)(5). (ii) Provide false or inaccurate information regarding area fished; species identification; or amount of each species kept, discarded, or landed. (20) AMs for both stocks of windowpane flounder, ocean pout, Atlantic halibut, and Atlantic wolffish. (21) Universal sector exemption programs Redfish Exemption Program. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (B) It is unlawful for any person to fish under the provisions of the Redfish Exemption Program when prohibited from doing so by the Regional Administrator under § 648.85(e)(1)(viii)(C), or when ineligible or prohibited for any other reason. (ii) [Reserved] (l) Small-mesh multispecies. (2) Presumptions. (m) Monkfish. (1) Permit requirement. (A) The monkfish are being fished for, or were harvested, in or from the EEZ by a vessel issued a valid monkfish permit under § 648.4(a)(9). (B) The vessel does not hold a valid Federal monkfish permit and fishes for or possesses monkfish exclusively in state waters. (C) The vessel does not hold a valid Federal monkfish permit and engages in recreational fishing. (D) The monkfish were harvested from the NAFO Regulatory Area in accordance with the provisions specified under § 648.17. (ii) Fish for, possess, or land monkfish in or from the EEZ without having been issued and possessing a valid operator permit pursuant to § 648.5, and this permit is onboard the vessel. (2) Gear requirements. (ii) Fail to immediately produce gillnet tags when requested by an authorized officer. (iii) Tag a gillnet with, or otherwise use or possess, a gillnet tag that has been reported lost, missing, destroyed, or issued to another vessel, or use or possess a false gillnet tag. (iv) Sell, transfer, or give away gillnet tags. (v) If the vessel has been issued a valid limited access monkfish permit, and fishes under a monkfish DAS, fail to comply with gillnet requirements and restrictions specified in § 648.92(b)(8). (3) Area restrictions. (ii) Fail to comply with the Northern Fishery Management Area (NFMA) or Southern Fishery Management Area (SFMA) requirements specified at § 648.92(b)(1)(v). (iii) Fail to comply with the New Jersey Atlantic Sturgeon Bycatch Reduction Area requirements specified at § 648.91(d). (4) DAS requirements. (ii) Combine, transfer, or consolidate monkfish DAS allocations. (5) Size limits. (6) Possession and landing. (ii) Violate any provision of the monkfish incidental catch permit restrictions as specified in §§ 648.4(a)(9)(ii) or 648.94(c). (7) Transfer and sale. (ii) Purchase, possess, or receive as a dealer, or in the capacity of a dealer, monkfish in excess of the possession or trip limits specified in § 648.94. (iii) Land, offload, or otherwise transfer; or attempt to land, offload, or otherwise transfer; monkfish from one vessel to another vessel, unless each vessel has not been issued a monkfish permit and fishes exclusively in state waters. (8) Presumption. (n) Summer flounder All persons. (i) Permit requirement. (ii) Transfer and purchase. (B) Purchase or otherwise receive for commercial purposes summer flounder caught by a vessel subject to the possession limit of § 648.106. (C) Purchase or otherwise receive for a commercial purpose summer flounder landed in a state after the effective date published in the Federal Register (iii) Gear requirements. (2) Vessel and operator permit holders. (i) Possession and landing. (B) Possess summer flounder in other than a container specified in § 648.106(d) if fishing with nets having mesh that does not meet the minimum mesh-size requirement specified in § 648.108(a), unless the vessel is fishing pursuant to the exemptions specified in § 648.108(b). (C) Land summer flounder for sale in a state after the effective date of a notification in the Federal Register (D) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any summer flounder, possessed or landed by a vessel not issued a summer flounder moratorium permit. (ii) Transfer and purchase. (iii) Gear requirements. (B) Fish with or possess nets or netting that are modified, obstructed, or constricted, if fishing with an exempted net described in § 648.108, unless the nets or netting are stowed in accordance with § 648.108(e). (C) Fish outside of the area specified in § 648.108(b)(1)(i) if exempted from the minimum mesh requirement specified in § 648.108 by a summer flounder Small-Mesh Exemption Program letter of authorization. (3) Charter/party restrictions. (i) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing commercially pursuant to a summer flounder moratorium permit. (ii) Possess summer flounder in excess of the possession limit established pursuant to § 648.106. (iii) Fish for summer flounder other than during a season specified pursuant to § 648.105. (iv) Sell or transfer summer flounder to another person for a commercial purpose. (4) Presumption. (o) Scup All persons. (i) Permit requirement. (ii) Possession and landing. (B) Possess scup in excess of the possession limit established pursuant to § 648.125. (C) Fish for, possess, or land scup harvested in or from the EEZ north of 35°15.3′ N. lat. for a commercial purpose after the effective date of a notification published in the Federal Register (D) Fish for, catch, possess, or retain scup in or from the EEZ north of 35°15.3′ N. lat. in excess of the amount specified in § 648.125, unless the vessel complies with all of the gear restrictions in § 648.125. (E) Fish for, catch, retain, or land scup in or from the EEZ north of 35°15.3′ N. lat. in excess of the limit established through the annual specification process and published in the Federal Register (iii) Minimum fish size. (iv) Transfer and purchase. Federal Register (v) Gear requirements. (vi) Gear restricted areas. (2) Vessel and operator permit holders. (i) Possession and landing. (B) Land scup for sale after the effective date of a notification published in the Federal Register (C) Possess scup in, or harvested from, the EEZ in an area closed by, or before or after a season established pursuant to § 648.124. (ii) Transfer and purchase. (B) Transfer scup at sea, or attempt to transfer at sea to any vessel, any scup taken from the EEZ, unless in compliance with the provisions of § 648.13(i). (3) Charter/party requirements. (i) Carry passengers for hire, or carry more than three crew members for a charter boat, or five crew members for a party boat, while fishing for scup under the terms of a moratorium permit issued pursuant to § 648.4(a)(6). (ii) Possess scup in excess of the possession limit established pursuant to § 648.128. (iii) Fish for scup other than during a season established pursuant to § 648.124. (iv) Sell scup or transfer scup to another person for a commercial purpose other than solely for transport on land. (v) Possess scup that do not meet the minimum fish size specified in § 648.126(b). (4) Presumption. (p) Black sea bass All persons. (i) Permit requirement. (ii) Possession and landing. (iii) Transfer and purchase. Federal Register (iv) Gear restriction. (v) Size limits. (vi) Special management zone. (2) Vessel and operator permit holders. (i) Permit requirement. (ii) Possession and landing. Federal Register (B) [Reserved] (C) Land black sea bass for sale in any state south of North Carolina. (D) Possess black sea bass after the effective date of a notification published in the Federal Register (3) Charter/party restrictions. (i) Fish for black sea bass under the terms of a moratorium permit issued pursuant to § 648.4(a)(7). (ii) Possess, retain, or land black sea bass in excess of the possession limit established pursuant to § 648.145. (iii) Fish for black sea bass other than during a time allowed pursuant to § 648.146. (iv) Sell black sea bass or transfer black sea bass from a vessel to another person for a commercial purpose other than solely for transport on land. (4) Presumption. (q) Bluefish. (1) Permit requirement. (2) Possession and landing. Federal Register (ii) Land bluefish for sale after the effective date of a notification in the Federal Register (3) Transfer and purchase. (ii) Purchase or otherwise receive for a commercial purpose bluefish harvested from the EEZ after the effective date of the notification published in the Federal Register (iii) Purchase or otherwise receive for a commercial purpose bluefish harvested by a Federally permitted vessel after the effective date of the notification published in the Federal Register (4) Charter/party restrictions. (5) Presumption. (r) Atlantic herring All persons. (i) Permit requirement. (ii) Possession and landing. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell, more than the possession limits specified at § 648.201(a) from a management area subject to a possession limit adjustment or fishery closure, or from a river herring and shad catch cap closure area that has been closed to specified gear pursuant to § 648.201(a)(4)(ii), if the vessel has been issued and holds a valid herring permit. (iii) Processing requirements. (B) Discard herring carcasses at sea after removing the roe, if a Federally permitted vessel; or in the EEZ, if not a Federally permitted vessel. (C) Catch, take, or harvest herring for roe, at sea, if a Federally permitted vessel; or if not Federally permitted, in or from the EEZ in excess of any limit established by § 648.206(b)(24). (iv) Transfer and purchase. (B) Purchase, possess, receive; or attempt to purchase, possess, or receive; as a processor, or in the capacity of a processor, herring from a fishing vessel with a herring permit or from a dealer with a herring dealer permit, without having been issued, and in possession of, a valid herring processor permit. (C) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise transfer; for a commercial purpose, any herring, unless the harvesting vessel has been issued a herring permit, or unless the herring were harvested by a vessel without a Federal herring permit that fished exclusively in state waters. (D) Purchase, possess, or receive, for a commercial purpose; or attempt to purchase, possess, or receive, for a commercial purpose; herring caught by a vessel without a herring permit, unless the herring was harvested by a vessel without a Federal herring permit that fished exclusively in state waters. (E) Transfer, or attempt to transfer, herring to a Canadian transshipment vessel that is permitted in accordance with Public Law 104-297, if the amount of herring transshipped exceeds the amount of the border transfer specified in § 648.200. (F) Purchase, receive, possess, have custody or control of, sell, barter, trade or transfer, or attempt to purchase, receive, possess, have custody or control of, sell, barter, trade or transfer, more than the applicable 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg) possession limit of herring from a vessel if the herring is from a management area subject to a possession limit for Atlantic herring pursuant to § 648.201(a). (v) Gear and vessel requirements. (B) Catch, take, or harvest Atlantic herring in or from the EEZ with a U.S. vessel that exceeds the size limits specified in § 648.4(a)(10)(iii). (vi) Area requirements. (B) Possess, land, transfer, receive, sell, purchase, trade, or barter; or attempt to transfer, receive, sell, purchase, trade, or barter, or sell more than 2,000 lb (907 kg) of Atlantic herring per trip taken from the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in § 648.86(d), by a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, after the haddock cap for the area(s) has been reached pursuant to § 648.86(d), unless all herring possessed or landed by the vessel was caught outside the applicable Accountability Measure Area(s). (C) Transit the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in § 648.86(d), with a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, when the 2,000-lb (907.2 kg) limit specified in § 648.86(d) is in place for the area being transited, in possession of more than 2,000 lb (907.2 kg) of herring, unless all herring on board was caught outside of the applicable Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, and all fishing gear is stowed and not available for immediate use, as defined in § 648.2. (D) Fish for herring in Area 1A from June 1 through September 30 with midwater trawl gear. (E) Possess or land haddock taken from the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in § 648.86(d), by a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, after the haddock cap for the area(s) has been reached pursuant to § 648.86(d), unless all haddock possessed or landed by the vessel was caught outside the applicable Accountability Measure Area(s). (F) Transit the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in § 648.86(d), with a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, when the 0-lb (0-kg) haddock possession limit in § 648.86(d) is in place for the area being transited, in possession of haddock, unless all haddock on board was caught outside of the applicable Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, and all fishing gear is stowed and not available for immediate use, as defined in § 648.2. (G) Fish for, possess, or retain herring in any management area during a season that has zero percent of the herring sub-ACL allocated as specified in § 648.201(d). (vii) Transit and transport. (B) Receive Atlantic herring at sea in or from the EEZ, solely for transport, without an Atlantic herring carrier letter of authorization from the Regional Administrator or having declared an Atlantic herring carrier trip via VMS consistent with the requirements at § 648.4(a)(10)(ii). (C) Fail to comply with a letter of authorization from the Regional Administrator. (D) Transit Area 1A from June 1 through September 30 with more than 2,000 lb (907.2 kg) of herring while having on board midwater trawl gear that is not properly stowed or available for immediate use as defined in § 648.2. (E) Discard haddock at sea that has been brought on deck, or pumped into the hold, of a vessel issued a Category A or B Herring Permit fishing on a declared herring trip, regardless of gear or area fished, or on a trip with a vessel issued a Category C, D, or E Herring Permit fishing with midwater trawl gear, pursuant to the requirements in § 648.80(d) and (e). (F) Transit or be in an area that has zero percent sub-ACL available for harvest specified at § 648.201(d) with herring on board, unless such herring were caught in an area or areas with an available sub-ACL specified at § 648.201(d), all fishing gear is stowed and not available for immediate use as defined in § 648.2, and the vessel is issued a vessel permit that authorizes the amount of herring on board for the area where the herring was harvested. (viii) VMS requirements. (B) Fail to notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hours prior to landing or, if fishing ends less than 6 hours before landing, as soon as the vessel stops catching fish, if a vessel has been issued a limited access herring permit ( i.e., Category A, B, or C (C) Fail to declare via VMS into the herring fishery by entering the appropriate herring fishery code and appropriate gear code prior to leaving port at the start of each trip to harvest, possess, or land herring, if a vessel has been issued a limited access herring permit ( i.e., Category A, B, or C (2) Vessel and operator permit holders. (i) Sell, purchase, receive, trade, barter, or transfer haddock or other regulated NE multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, white hake, and Atlantic wolffish); or attempt to sell, purchase, receive, trade, barter, or transfer haddock or other regulated NE multispecies for human consumption; if the regulated NE multispecies are landed by a vessel issued a Category A or B Herring Permit fishing on a declared herring trip, regardless of gear or area fished, or by a vessel issued a Category C, D, or E Herring Permit fishing with midwater trawl gear pursuant to § 648.80(d). (ii) Fail to comply with requirements for herring processors/dealers that handle individual fish to separate out, and retain, for at least 12 hours, all haddock offloaded from a vessel issued a Category A or B Herring Permit that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a Category C, D, or E Herring Permit that fished with midwater trawl gear pursuant to § 648.80(d). (iii) Sell, purchase, receive, trade, barter, or transfer; or attempt to sell, purchase, receive, trade, barter, or transfer; to another person, any haddock or other regulated NE. multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, white hake, and Atlantic wolffish) separated out from a herring catch offloaded from a vessel issued a Category A or B Herring Permit that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a Category C, D, or E Herring Permit that fished with midwater trawl gear pursuant to § 648.80(d). (iv) While operating as an at-sea herring processor, fail to comply with requirements to separate out and retain all haddock offloaded from a vessel issued a Category A or B Herring Permit that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a Category C, D, or E Herring Permit that fished with midwater trawl gear pursuant to § 648.80(d). (v) Fish with midwater trawl gear in any Northeast Multispecies Closed Area, as defined in § 648.81(a)(3) through (5) and (c)(3) and (4), without an observer on board, if the vessel has been issued an Atlantic herring permit. (vi) Slip or operationally discard catch, as defined at § 648.2, unless for one of the reasons specified at § 648.202(b)(2), if fishing any part of a tow inside the Northeast Multispecies Closed Areas, as defined at § 648.81(a)(3) through (5) and (c)(3) and (4). (vii) Fail to immediately leave the Northeast Multispecies Closed Areas or comply with reporting requirements after slipping catch or operationally discarding catch, as required by § 648.202(b)(4). (viii) Slip catch, as defined at § 648.2, unless for one of the reasons specified at § 648.11(m)(7)(i). (ix) For vessels with Category A or B Herring Permits, fail to move 15 nm (27.78 km), as required by §§ 648.11(m)(7)(iv) and (v) and 648.202(b)(4)(iv). (x) For vessels with Category A or B Herring Permits, fail to immediately return to port, as required by §§ 648.11(m)(7)(vi) and 648.202(b)(4)(iv). (xi) Fail to complete, sign, and submit a Released Catch Affidavit as required by §§ 648.11(m)(7)(iii) and 648.202(b)(4)(ii). (xii) Fail to report or fail to accurately report a slippage event on the Atlantic herring daily VMS catch report, as required by §§ 648.11(m)(7)(iii) and 648.202(b)(4)(iii). (xiii) For vessels with Category A or B Herring Permits, fail to comply with industry-funded monitoring requirements at § 648.11(m). (xiv) For a vessel with a Category A or B Herring Permit, fail to comply with its NMFS-approved vessel monitoring plan requirements, as described at § 648.11(m). (3) Presumption. (s) Spiny dogfish All persons. (i) Permit requirement. (ii) Transfer and purchase. (2) Vessel and operator permit holders. (i) Permit requirement. (ii) Possession and landing. (B) Land spiny dogfish for a commercial purpose after the EEZ is closed to the harvest of spiny dogfish. (C) Possess more than the daily possession limit of spiny dogfish specified in § 648.235. (iii) Prohibition on finning. (iv) Area requirements. (t) Red crab. (1) Permit requirement. (2) Possession and landing. (ii) Restriction on female red crabs. (iii) Fish for, possess, or land red crab, in excess of the incidental limit specified at § 648.263(b)(1), after determination that the TAL has been reached and notice of the closure date has been made. (3) Transfer and purchase. (ii) Purchase, possess, or receive; or attempt to purchase, possess, or receive; more than 500 lb (226.8 kg) of whole red crab, or its equivalent in weight in accordance with the conversion provisions in § 648.263(a)(2), caught or possessed in the EEZ portion of the red crab management unit by a vessel without a valid Federal limited access red crab permit. (iii) Purchase, possess, or receive; or attempt to purchase, possess, or receive; up to 500 lb (226.8 kg) of whole red crab, or its equivalent in weight in accordance with the conversion provisions in § 648.263(a)(2), caught in the EEZ portion of the Red Crab Management Unit by a vessel that has not been issued a valid limited access red crab permit or red crab incidental catch permit under this subpart. (iv) Purchase or otherwise receive for a commercial purpose in excess of the incidental limit specified at § 648.263(b)(1), after determination that the TAL has been reached and notice of the closure date has been made. (4) Prohibitions on processing and mutilation. (ii) Retain, possess, or land any red crab claws and legs separate from crab bodies if the vessel has not been issued a valid Federal limited access red crab permit or has been issued a valid Federal limited access red crab permit, but is not fishing on a dedicated red crab trip. (iii) Retain, possess, or land more than two claws and eight legs per crab if the vessel has been issued a valid Federal red crab incidental catch permit, or has been issued a valid Federal limited access red crab permit and is not fishing on a dedicated red crab trip. (iv) Possess or land red crabs that have been fully processed at sea, i.e., engage in any activity that removes meat from any part of a red crab, unless a preponderance of available evidence shows that the vessel fished exclusively in state waters and was not issued a valid Federal permit. (5) Gear requirements. (6) Presumption. (u) Golden and blueline tilefish. (1) Permit requirements Operator permit. (ii) Dealer permit. (iii) Vessel permit. (B) Operate a vessel that takes recreational fishermen for hire to fish for golden or blueline tilefish in the Tilefish Management Unit without a valid tilefish charter/party vessel permit, as required in § 648.4(a)(12)(i). (C) Operate a private recreational vessel to fish for, retain, and/or possess blueline or golden tilefish, in the Tilefish Management Unit, without a valid tilefish private recreational permit as required in § 648.4(a)(12)(iii). (2) Possession and landing. (A) The tilefish are being fished for or were harvested in or from the Tilefish Management Unit by a vessel holding a valid tilefish permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel. (B) The tilefish were harvested by a vessel that has not been issued a tilefish permit and that was fishing exclusively in State waters. (C) The tilefish were harvested in or from the Tilefish Management Unit by a vessel with a Federal private recreational tilefish permit or a Federal charter/party tilefish permit. (ii) Land or possess golden or blueline tilefish harvested in or from the Tilefish Management Unit, in excess of either: (A) The relevant commercial trip limit specified at § 648.295, unless possessing golden tilefish authorized pursuant to a valid tilefish IFQ allocation permit, as specified in § 648.294(a). (B) The relevant recreational possession limit specified at § 648.296, if engaged in recreational fishing including charter/party vessels. (iii) Land golden tilefish harvested in or from the Tilefish Management Unit in excess of that authorized under a tilefish IFQ allocation permit as described at § 648.294(a). (iv) Fish for golden or blueline tilefish inside and outside of the Tilefish Management Unit on the same trip. (v) Discard golden tilefish harvested in or from the Tilefish Management Unit, as defined in § 648.2, unless participating in recreational fishing, as defined in § 648.2, or while fishing subject to a trip limit pursuant to § 648.295(a). (vi) Land or possess golden tilefish in or from the Tilefish Management Unit, on a vessel issued a valid tilefish permit under this part, after the incidental golden tilefish fishery is closed pursuant to § 648.295(a)(3), unless fishing under a valid tilefish IFQ allocation permit as specified in § 648.294(a), or engaged in recreational fishing. (vii) Land or possess blueline tilefish in or from the Tilefish Management Unit, on a vessel issued a valid tilefish permit under this part, after the commercial blueline tilefish fishery is closed pursuant to § 648.295(b)(2), unless engaged in recreational fishing. (viii) Land or possess golden or blueline tilefish in or from the Tilefish Management Unit, on a vessel issued a valid commercial tilefish permit under this part, that do not have the head and fins naturally attached to the fish. (ix) Engage in recreational fishing for golden tilefish with fishing gear that is not compliant with the gear restrictions specified at § 648.296. (x) Engage in recreational fishing for blueline tilefish outside of the recreational open season specified at § 648.296(b). (3) Transfer and purchase. (ii) Purchase or otherwise receive for commercial purposes golden or blueline tilefish caught in the EEZ from outside the Tilefish Management Unit unless otherwise permitted under 50 CFR part 622. (4) Presumption. (v) Skates All persons. (i) Onboard a vessel that possesses a valid skate vessel permit. (ii) Onboard a federally permitted lobster vessel (i.e., transfer at sea recipient) while in possession of only whole skates as bait that are less than the maximum size specified at § 648.322(c). (2) All Federal permit holders. (i) Retain, possess, or land thorny skates taken in or from the EEZ portion of the skate management unit specified at § 648.2. (ii) Retain, possess, or land barndoor skates taken in or from the EEZ portion of the skate management unit when fishing under a bait letter of authorization as described in § 648.322(c). (iii) [Reserved] (3) Skate permitted vessel requirements. (i) Skate wings. (ii) Possession and transfer. (B) Purchase, possess, trade, barter, or receive; or attempt to purchase, possess, trade, barter, or receive; skates caught in the EEZ portion of the skate management unit by a vessel that has not been issued a valid Federal skate permit under this part. (C) Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch, possess, transport, land, sell, trade, or barter; whole skates and skate wings in excess of the possession limits specified at § 648.322. (iii) DAS notification and skate wing possession. (iv) SNE Trawl and Gillnet Exemption areas restrictions. (4) Presumption. (w) Mid-Atlantic forage species. [74 FR 20535, May 4, 2009] Editorial Note: For Federal Register www.govinfo.gov. § 648.15 Facilitation of enforcement. (a) General. (b) Special notification requirements applicable to surfclam and ocean quahog vessel owners and operators Surfclam and ocean quahog open access permitted vessels. (2) Maine mahogany quahog limited access permitted vessels. 1 (3) Declaration out of surfclam and ocean quahog fisheries. (4) Inspection by authorized officer. (5) Authorization for use of fishing trip notification via telephone. Federal Register, (c) Radio hails. (d) Retention of haddock by herring dealers and processors. (2) All haddock separated out and retained is subject to reporting requirements specified at § 648.7. (e) Retention of haddock by herring vessels using midwater trawl gear. [61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 FR 27485, May 19, 1998; 71 FR 46875, Aug. 15, 2006; 72 FR 11276, Mar. 12, 2007; 72 FR 51703, Sept. 11, 2007; 76 FR 56997, Sept. 15, 2011; 76 FR 60649, Sept. 29, 2011; 85 FR 26884, May 6, 2020] § 648.16 Penalties. See § 600.735. § 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area. (a) Fisheries included under exemption NE multispecies. (2) Monkfish. (3) Skates. (b) General requirements. (2) For the duration of the trip, the vessel fishes, except for transiting purposes, exclusively in the NAFO Regulatory Area and does not harvest fish in, or possess fish harvested in, or from, the EEZ; (3) When transiting the EEZ, all gear is properly stowed in accordance with the definition of not available for immediate use as defined in § 648.2; and (4) The vessel operator complies with the High Seas Fishing Compliance Permit and all NAFO conservation and enforcement measures while fishing in the NAFO Regulatory Area. [70 FR 21942, Apr. 28, 2005, as amended at 79 FR 52580, Sept. 4, 2014; 83 FR 48987, Sept. 28, 2018; 84 FR 34814, July 19, 2019] § 648.18 Standardized bycatch reporting methodology. NMFS shall comply with the Standardized Bycatch Reporting Methodology (SBRM) provisions established in the following fishery management plans by the Standardized Bycatch Reporting Methodology: An Omnibus Amendment to the Fishery Management Plans of the Mid-Atlantic and New England Regional Fishery Management Councils, completed March 2015, also known as the SBRM Omnibus Amendment, by the New England Fishery Management Council, Mid-Atlantic Fishery Management Council, National Marine Fisheries Service Greater Atlantic Regional Fisheries Office, and National Marine Fisheries Service Northeast Fisheries Science Center: Atlantic Bluefish; Mackerel, Squid, and Butterfish; Atlantic Sea Scallop; Atlantic Surfclam and Ocean Quahog; Atlantic Herring; Atlantic Salmon; Deep-Sea Red Crab; Monkfish; Northeast Multispecies; Northeast Skate Complex; Spiny Dogfish; Summer Flounder, Scup, and Black Sea Bass; and Tilefish. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the SBRM Omnibus Amendment from the Greater Atlantic Regional Fisheries Office ( www.greateratlantic.fisheries.noaa.gov, www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. [85 FR 47113, Aug. 4, 2020] Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries § 648.20 Mid-Atlantic Fishery Management Council Acceptable Biological Catch (ABC) control rules. The SSC shall review the following criteria, and any additional relevant information, to assign managed stocks to one of four types of control rules based on the species' assessments and its treatment of uncertainty when developing ABC recommendations. The SSC shall review the ABC control rule assignment for stocks each time an ABC is recommended. ABCs may be recommended for up to three years for all stocks, with the exception of five years for spiny dogfish. The SCC may specify constant, multi-year ABCs, derived from the average of ABCs (or average risk of overfishing) if the average probability of overfishing remains between zero and 40 percent, and does not exceed a 50-percent probability in any given year. The average ABCs may remain constant for up to three years for all stocks, with the exception of five years for spiny dogfish. The SSC may deviate from the control rule methods and recommend an ABC that differs from the result of the ABC control rule application; however, any such deviation must include the following: A description of why the deviation is warranted; description of the methods used to derive the alternative ABC; and an explanation of how the deviation is consistent with National Standard 2. The four types of ABC control rules are described below. (a) ABC control rule for a stock with an OFL probability distribution that is analytically-derived and accepted by the SSC. (i) All important sources of scientific uncertainty are captured in the stock assessment model; (ii) The probability distribution of the OFL is calculated within the stock assessment and adequately describes the OFL uncertainty; (iii) The stock assessment model structure and treatment of the data prior to use in the model include relevant details of the biology of the stock, fisheries that exploit the stock, and data collection methods; (iv) The stock assessment provides the following estimates: Fishing mortality rate (F) at MSY or an acceptable proxy maximum fishing mortality threshold (MFMT) to define OFL, biomass, biological reference points, stock status, OFL, and the respective uncertainties associated with each value; and (v) No substantial retrospective patterns exist in the stock assessment estimates of fishing mortality, biomass, and recruitment. (2) An ABC for stocks with an accepted OFL probability distribution that is analytically-derived will be determined by applying the acceptable probability of overfishing from the MAFMC's risk policy found in § 648.21(a) through (d) to the probability distribution of the OFL. (b) ABC control rule for a stock with an OFL probability distribution that is modified by the assessment team and accepted by the SSC. (i) Key features of the stock biology, the fisheries that exploit it, and/or the data collection methods for stock information are missing from, or poorly estimated in, the stock assessment; (ii) The stock assessment provides reference points (which may be proxies), stock status, and uncertainties associated with each; however, the uncertainty is not fully promulgated through the stock assessment model and/or some important sources of uncertainty may be lacking; (iii) The stock assessment provides estimates of the precision of biomass, fishing mortality, and reference points; (iv) The accuracy of the minimum fishing mortality threshold and projected future biomass is estimated in the stock assessment using ad hoc methods; and (v) The modified OFL probability distribution provided by the assessment team acceptably addresses the uncertainty of the assessment. (2) An ABC for stocks with an OFL probability distribution that is modified by the assessment team and accepted by the SSC will be determined by applying the acceptable probability of overfishing from the MAFMC's risk policy found in § 648.21(a) through (d) to the probability distribution of the OFL as modified by the assessment team. (c) ABC control rule for a stock with an OFL probability distribution that is modified by the SSC. (2) An ABC for stocks with an OFL probability distribution that is modified by the SSC will be determined by either: (i) Applying the acceptable probability of overfishing from the MAFMC's risk policy found in § 648.21(a) through (d) to the SSC-adjusted OFL probability distribution. The SSC will use default assignments of uncertainty in the adjusted OFL probability distribution based on literature review and valuation of control rule performance; or, (ii) If the SSC cannot develop an OFL probability distribution, a default control rule of 75 percent of the F MSY (d) ABC control rule for when an OFL cannot be specified. (2) An ABC for stocks with an OFL that cannot be specified will be determined by using control rules based on biomass and catch history and application of the MAFMC's risk policy found in § 648.21(a) through (d). [83 FR 15512, Apr. 11, 2018] § 648.21 Mid-Atlantic Fishery Management Council risk policy. The risk policy shall be used by the SSC in conjunction with the ABC control rules in § 648.20(a) through (d) to ensure the MAFMC's preferred tolerance for the risk of overfishing is addressed in the ABC development and recommendation process. (a) Stocks under a rebuilding plan. REBUILD (b) Stocks not subject to a rebuilding plan. MSY) MSY (2) For stocks with biomass that exceeds B MSY MSY MSY (c) Most restrictive ABC recommendation. REBUILD (2) The SSC may specify higher 2023-2032 ABCs for Atlantic mackerel based on F REBUILD (3) The SSC may specify higher ABCs for bluefish based on F REBUILD (d) Stock without an OFL or OFL proxy. (2) The SSC may deviate from paragraph (d)(1) of this section, provided that the following two criteria are met: Biomass-based reference points indicate that the stock is greater than B MSY [76 FR 60616, Sept. 29, 2011, as amended at 77 FR 51857, Aug. 27, 2012; 84 FR 58058, Oct. 30, 2019; 85 FR 81154, Dec. 15, 2020; 86 FR 66981, Nov. 24, 2021; 87 FR 6670, Feb. 1, 2023] § 648.22 Mackerel, squid, and butterfish specifications. (a) Initial recommended annual specifications. (1) Illex squid Illex (2) Butterfish (3) Atlantic mackerel—ACL; commercial ACT, including RSA, DAH, Atlantic mackerel Tier 3 landings cap (up to 7 percent of the DAH), DAP; joint venture processing (JVP) if any; TALFF, if any; and recreational catch deduction for Atlantic mackerel; which, subject to annual review, may be specified for a period of up to 3 years. The Monitoring Committee may also recommend that certain ratios of TALFF, if any, for Atlantic mackerel to purchases of domestic harvested fish and/or domestic processed fish be established in relation to the initial annual amounts. (4) Longfin squid (i) IOY, including RSA, DAH, and DAP for longfin squid, which, subject to annual review, may be specified for a period of up to 3 years; and (ii) [Reserved] (5) Atlantic chub mackerel (b) Guidelines. (1) Longfin and/or Illex squid. (A) Longfin squid—The catch associated with a fishing mortality rate of F Threshold (B) Illex squid MSY. (ii) IOY is a modification of ABC based on social and economic factors. The IOY is composed of RSA and DAH. RSA will be based on requests for research quota as described in paragraph (g) of this section. DAH will be set after deduction for RSA, if applicable. (2) Atlantic Mackerel ABC. (ii) ACL. (iii) OY. (iv) Recreational catch deduction. (v) Commercial sector ACT. (A) Total world export potential of Atlantic mackerel producing countries. (B) Total world import demand of Atlantic mackerel consuming countries. (C) U.S. export potential based on expected U.S. harvests, expected U.S. consumption, relative prices, exchange rates, and foreign trade barriers. (D) Increased/decreased revenues to the U.S. from foreign fees. (E) Increased/decreased revenues to U.S. harvesters (with/without joint ventures). (F) Increased/decreased revenues to U.S. processors and exporters. (G) Increases/decreases in U.S. harvesting productivity due to decreases/increases in foreign harvest. (H) Increases/decreases in U.S. processing productivity. (I) Potential impact of increased/decreased TALFF on foreign purchases of U.S. products and services and U.S.-caught fish, changes in trade barriers, technology transfer, and other considerations. (vi) Performance review. (A) If the Atlantic mackerel ACL is exceeded with a frequency greater than 25 percent ( i.e., (B) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that a stock has become overfished. (C) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews. (vii) River herring and shad catch cap. (3) Butterfish ABC. (ii) ACL. (iii) OY. (iv) ACT. (v) Butterfish discard cap. (vi) Any underages of the cap for Trimester I that are greater than 25 percent of the Trimester I cap will be reallocated to Trimester II and III (split equally between both trimesters) of the same year. The reallocation of the cap from Trimester I to Trimester II is limited, such that the Trimester II cap may only be increased by 50 percent; the remaining portion of the underage will be reallocated to Trimester III. Any underages of the cap for Trimester I that are less than 25 percent of the Trimester I quota will be applied to Trimester III of the same year. Any overages of the cap for Trimester I and II will be subtracted from Trimester III of the same year. (vii) Performance review. (4) Additional measures. (i) Observer provisions to maximize sampling at § 648.11(n)(2); (ii) Exceptions for the requirement to pump/haul aboard all fish from net for inspection by at-sea observers in § 648.11(n)(3); (5) Atlantic chub mackerel ABC. (ii) Maximum sustainable yield (MSY). (iii) OY. (iv) ACL. (v) ACT. (vi) TAL. (c) Recommended measures. (1) RSA set from a range of 0 to 3 percent of: (i) The IOY for longfin squid and/or Illex. (ii) The commercial ACT for Atlantic mackerel. (iii) The ACT for butterfish. (2) Commercial quotas or total allowable landing limits, set after reductions for research quotas, management uncertainty, discards, an estimate of Atlantic chub mackerel catch from South Carolina through Florida, or any other applicable deduction specified in this section. (3) The amount of longfin squid, Illex (4) Commercial minimum fish sizes. (5) Commercial trip limits. (6) Commercial seasonal quotas/closures for longfin squid, Illex (7) Minimum mesh sizes. (8) Commercial gear restrictions. (9) Recreational allocation for Atlantic mackerel. (10) Recreational minimum fish size. (11) Recreational possession limits. (12) Recreational season. (13) Changes, as appropriate, to the SBRM, including the coefficient of variation (CV) based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (14) Modification of existing accountability measures (AMs) utilized by the Monitoring Committee. (d) Annual fishing measures. (1) The Mackerel, Squid, and Butterfish Committee will review the recommendations of the Monitoring Committee. Based on these recommendations and any public comment received thereon, the Mackerel, Squid, and Butterfish Committee must recommend to the MAFMC appropriate specifications and any measures necessary to assure that the specifications will not be exceeded. The MAFMC will review these recommendations and, based on the recommendations and any public comment received thereon, must recommend to the Regional Administrator appropriate specifications and any measures necessary to assure that the ACL will not be exceeded. The MAFMC's recommendations must include supporting documentation, as appropriate, concerning the environmental, economic, and social impacts of the recommendations. The Regional Administrator will review the recommendations and will publish a proposed rule in the Federal Register Illex Federal Register (2) The Regional Administrator will make a final determination concerning the specifications for each species and any measures necessary to assure that the specifications will not be exceeded. After the Regional Administrator considers all relevant data and any public comments, notification of the final specifications and any measures necessary to assure that the specifications will not be exceeded and responses to the public comments will be published in the Federal Register. (e) Inseason adjustments. Federal Register. (f) Distribution of annual longfin squid commercial quota. (2) Any underages of commercial period quota for Trimester I that are greater than 25 percent of the Trimester I quota will be reallocated to Trimesters II and III of the same year. The reallocation of quota from Trimester I to Trimester II is limited, such that the Trimester II quota may only be increased by 50 percent; the remaining portion of the underage will be reallocated to Trimester III. Any underages of commercial period quota for Trimester I that are less than 25 percent of the Trimester I quota will be applied to Trimester III of the same year. Any overages of commercial quota for Trimesters I and II will be subtracted from Trimester III of the same year. (g) Research set-aside (RSA) quota. (1) NMFS will publish a Request for Proposals (RFP) in the Federal Register, (2) NMFS will convene a review panel, including the MAFMC's Comprehensive Management Committee and technical experts, to review proposals submitted in response to the RFP. (i) Each panel member will recommend which research proposals should be authorized to utilize research quota, based on the selection criteria described in the RFP. (ii) The NEFSC Director and the NOAA Grants Office will consider each panel member's recommendation, and provide final approval of the projects. The Regional Administrator may, when appropriate, exempt selected vessel(s) from regulations specified in each of the respective FMPs through written notification to the project proponent. (3) The grant awards approved under the RFPs will be for the upcoming fishing year. Proposals to fund research that would start prior to, or that would end after the fishing year, will not be eligible for consideration. All research and/or compensation trips must be completed within the fishing year for which the research grant was awarded. (4) Research projects will be conducted in accordance with provisions approved and provided in an Exempted Fishing Permit (EFP) issued by the Regional Administrator. (5) If a proposal is disapproved by the NEFSC Director or the NOAA Grants Office, or if the Regional Administrator determines that the allocated research quota cannot be utilized by a project, the Regional Administrator shall reallocate the unallocated or unused amount of research quota to the respective commercial and recreational fisheries by publication of a notice in the Federal Register (i) The reallocation of the unallocated or unused amount of research quota is in accord with National Standard 1, and can be available for harvest before the end of the fishing year for which the research quota is specified; and (ii) Any reallocation of unallocated or unused research quota shall be consistent with the proportional division of quota between the commercial and recreational fisheries in the relevant FMP and allocated to the remaining quota periods for the fishing year proportionally. (6) Vessels participating in approved research projects may be exempted from certain management measures by the Regional Administrator, provided that one of the following analyses of the impacts associated with the exemptions is provided: (i) The analysis of the impacts of the requested exemptions is included as part of the annual quota specification packages submitted by the MAFMC; or (ii) For proposals that require exemptions that extend beyond the scope of the analysis provided by the MAFMC, applicants may be required to provide additional analysis of impacts of the exemptions before issuance of an EFP will be considered, as specified in the EFP regulations at § 648.12(b). [76 FR 60616, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, 2011; 77 FR 16480, Mar. 21, 2012; 78 FR 3353, Jan. 16, 2013; 79 FR 10048, Feb. 24, 2014; 79 FR 18481, Apr. 2, 2014; 80 FR 37194, June 30, 2015; 80 FR 48248, Aug. 12, 2015; 83 FR 64267, Dec. 14, 2018; 85 FR 47113, Aug. 4, 2020; 91 FR 22463, Apr. 27, 2026] § 648.23 Mackerel, squid, and butterfish gear restrictions. (a) Mesh restrictions and exemptions. (1) Butterfish fishery. 5/8 (2) Longfin squid fishery. 1/8 7/8 (ii) During closures of the longfin squid fishery resulting from the butterfish discard cap, described in § 648.24(c)(3), vessels fishing for longfin squid using jigging gear are exempt from the closure possession limit specified in § 648.26(b), provided that all otter trawl gear is stowed and not available for immediate use as defined in § 648.2. (3) Net obstruction or constriction. (i) Splitting straps, and/or bull ropes or wire around the entire circumference of the codend provided these materials do not obstruct or constrict the top or the trawl net while it is being towed; (ii) Net strengtheners (covers) that do not have a mesh opening of less than 5 inches (12.7 cm) diamond or square mesh, as measured by methods specified in § 648.80(f); and (iii) A liner may be used to close the opening created by the rings in the aftermost portion of the net, provided the liner extends no more than 10 meshes forward of the aftermost portion of the net, the inside webbing of the codend shall be the same circumference or less than any strengthener and the liner is no more than 2 ft (61 cm) longer than any net strengthener. (4) Top of the regulated portion of the net (5) Illex fishery. Illex 7/8 1/8 Point N. lat. W. long. M0 43°58.0′ [ 1 M1 43°58.0′ 67°22.0′ M2 43°50.0′ 68°35.0′ M3 43°30.0′ 69°40.0′ M4 43°20.0′ 70°00.0′ M5 42°45.0′ 70°10.0′ M6 42°13.0′ 69°55.0′ M7 41°00.0′ 69°00.0′ M8 41°45.0′ 68°15.0′ M9 42°10.0′ [ 2 M10 41°18.6′ [ 2 M11 40°55.5′ 66°38.0′ M12 40°45.5′ 68°00.0′ M13 40°37.0′ 68°00.0′ M14 40°30.0′ 69°00.0′ M15 40°22.7′ 69°00.0′ M16 40°18.7′ 69°40.0′ M17 40°21.0′ 71°03.0′ M18 39°41.0′ 72°32.0′ M19 38°47.0′ 73°11.0′ M20 38°04.0′ 74°06.0′ M21 37°08.0′ 74°46.0′ M22 36°00.0′ 74°52.0′ M23 35°45.0′ 74°53.0′ M24 35°28.0′ 74°52.0′ M25 35°28.0′ [ 3 [ 1 [ 2 [ 3 (6) Mackerel, squid, and butterfish bottom trawling restricted areas Oceanographer Canyon. Oceanographer Canyon Point N. lat. W. long. OC1 40°10.0′ 68°12.0′ OC2 40°24.0′ 68°09.0′ OC3 40°24.0′ 68°08.0′ OC4 40°10.0′ 67°59.0′ OC1 40°10.0′ 68°12.0′ (ii) Lydonia Canyon. Lydonia Canyon Point N. lat. W. long. LC1 40°16.0′ 67°34.0′ LC2 40°16.0′ 67°42.0′ LC3 40°20.0′ 67°43.0′ LC4 40°27.0′ 67°40.0′ LC5 40°27.0′ 67°38.0′ LC1 40°16.0′ 67°34.0′ (b) [Reserved] (c) Mesh obstruction or constriction. [76 FR 60618, Sept. 29, 2011, as amended at 77 FR 16479, Mar. 21, 2012; 77 FR 51865, Aug. 27, 2012; 78 FR 3354, Jan. 16, 2013; 79 FR 18842, Apr. 4, 2014; 79 FR 52580, 52582, Sept. 4, 2014; 81 FR 24508, May 26, 2016; 85 FR 47115, Aug. 4, 2020; 90 FR 45677, Sept. 23, 2025] § 648.24 Fishery closures and accountability measures. (a) Fishery closure procedures Longfin squid. (2) Illex. Illex Illex (b) Atlantic Mackerel AMs Possession Limit Adjustments Possession Limit Adjustment—Phase 2. (ii) Possession Limit Adjustment—Phase 3. (iii) Regional Administrator discretion. (2) Atlantic mackerel commercial landings overage repayment. (3) Non-landing AMs. (4) Atlantic mackerel recreational AMs. (5) Atlantic mackerel ACL overage evaluation. Federal Register (6) River herring and shad catch cap. (c) Butterfish AMs Directed butterfish fishery closure. (2) Butterfish ACL overage repayment. (3) Butterfish discard cap on the longfin squid fishery. (4) Butterfish ACL overage evaluation. Federal Register, (5) Butterfish allocation transfer. (d) Notification. Illex Federal Register (e) Atlantic Chub Mackerel AMs Commercial fishery closures. (i) When the Regional Administrator projects that 90 percent of the Atlantic chub mackerel TAL will be landed, the Regional Administrator will reduce the Atlantic chub mackerel possession limit as specified in § 648.26(e)(2)(i) through notification in the Federal Register (ii) When the Regional Administrator projects that 100 percent of the Atlantic chub mackerel TAL will be landed, the Regional Administrator will reduce the Atlantic chub mackerel possession limit as specified in § 648.26(e)(2)(ii) for the remainder of the fishing year (December 31) through notification in the Federal Register (2) Overage repayment. Federal Register (3) Transiting. Illex [76 FR 60619, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, 2012; 77 FR 3354, Jan. 16, 2013; 78 FR 76762, Dec. 19, 2013; 79 FR 18843, Apr. 4, 2014; 79 FR 18481, Apr. 2, 2014; 80 FR 14874, Mar. 20, 2015; 80 FR 48248, Aug. 12, 2015; 83 FR 65314, Dec. 20, 2018; 83 FR 64268, Dec. 14, 2018; 84 FR 58058, Oct. 30, 2019; 85 FR 47115, Aug. 4, 2020; 86 FR 38588, July 22, 2021; 87 FR 48448, Aug. 9, 2022; 88 FR 6670, Feb. 1, 2023; 88 FR 48392, July 27, 2023; 89 FR 25821, Apr. 12, 2024; 90 FR 45677, Sept. 23, 2025; 91 FR 22464, Apr. 27, 2026] § 648.25 Mackerel, squid, and butterfish framework adjustments to management measures. (a) Within season management action. (1) Adjustment process. (i) Adjustments within existing ABC control rule levels; (ii) Adjustments to the existing MAFMC risk policy; (iii) Introduction of new AMs, including sub-ACTs; (iv) Minimum and maximum fish size; (v) Gear restrictions, gear requirements or prohibitions; (vi) Permitting restrictions; (vii) Recreational possession limit, recreational seasons, and recreational harvest limit; (viii) Closed areas; (ix) Commercial seasons, commercial trip limits, commercial quota system, including commercial quota allocation procedure and possible quota set-asides to mitigate bycatch; (x) Annual specification quota setting process; (xi) FMP Monitoring Committee composition and process; (xii) Description and identification of EFH (and fishing gear management measures that impact EFH); (xiii) Description and identification of habitat areas of particular concern; (xiv) Overfishing definition and related thresholds and targets; (xv) Regional gear restrictions, regional season restrictions (including option to split seasons), regional management; (xvi) Restrictions on vessel size (LOA and GRT) or shaft horsepower; (xvii) Changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; (xviii) Set aside quota for scientific research; (xix) Process for inseason adjustment to the annual specification; (xx) Mortality caps for river herring and shad species, time/area management for river herring and shad species, and provisions for river herring and shad incidental catch avoidance program, including adjustments to the mechanism and process for tracking fleet activity, reporting incidental catch events, compiling data, and notifying the fleet of changes to the area(s); (xxi) The definition/duration of `test tows,' if test tows would be utilized to determine the extent of river herring incidental catch in a particular area(s); (xxii) The threshold for river herring incidental catch that would trigger the need for vessels to be alerted and move out of the area(s), the distance that vessels would be required to move from the area(s), and the time that vessels would be required to remain out of the area(s); (xxiii) Modifications to the broad and discrete deep-sea coral zone boundaries and the addition of discrete deep-sea coral zones; (xxiv) Modifications to the management measures within the Frank R. Lautenberg Deep-sea Coral Protection Area and implementation of special access programs to the Frank R. Lautenberg Deep-sea Coral Protection Area; and (xxv) Any other management measures currently included in the FMP. (2) Measures contained within this list that require significant departures from previously contemplated measures or that are otherwise introducing new concepts may require amendment of the FMP instead of a framework adjustment. (3) MAFMC recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether the regulations would have to be in place for an entire harvest/fishing season. (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the recommended management measures. (iii) Whether there is an immediate need to protect the resource. (iv) Whether there will be a continuing evaluation of management measures following their implementation as a final rule. (4) NMFS action. (i) If NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors specified in paragraph (a)(3) of this section, the measures will be issued as a final rule in the Federal Register (ii) If NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the non-concurrence. (5) Emergency actions. (b) [Reserved] [76 FR 60620, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, 2011; 79 FR 10048, Feb. 24, 2014; 80 FR 37194, June 30, 2015; 81 FR 90250, Dec. 14, 2016; 83 FR 64268, Dec. 14, 2018; 85 FR 47116, Aug. 4, 2020; 86 FR 38588, July 22, 2021] § 648.26 Mackerel, squid, and butterfish possession restrictions. (a) Atlantic mackerel Initial (Phase 1) commercial possession limits. (i) A vessel issued a Tier 1 limited access mackerel permit is authorized to fish for, possess, or land up to 200,000 lb (90.7 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (ii) A vessel issued a Tier 2 limited access mackerel permit is authorized to fish for, possess, or land up to 135,000 lb (61.2 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (iii) A vessel issued a Tier 3 limited access mackerel permit is authorized to fish for, possess, or land up to 100,000 lb (45.4 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (iv) A vessel issued an open access Atlantic mackerel permit may fish for, possess, or land up to 20,000 lb (9.07mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (2) Phase 2 commercial possession limits. (i) A vessel issued a limited access (Tier 1, Tier 2, or Tier 3) Atlantic mackerel permit is authorized to fish for, possess, or land up to 20,000 lb (9.07 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (ii) A vessel issued an open access mackerel permit is authorized to fish for, possess, or land up to 5,000 lb (2.27 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (3) Phase 3 commercial possession limits. (i) A vessel issued a limited access (Tier 1, Tier 2, or Tier 3) mackerel permit is authorized to fish for, possess, or land up to 10,000 lb (4.54 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (ii) A vessel issued an open access mackerel permit is authorized to fish for, possess, or land up to 2,500 lb (1.13 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours. (4) Pair trawling. (5) River herring/shad catch cap closure. (6) Recreational possession limits For-hire (charter/party) recreational possession limit. (ii) Private recreational possession limit. (b) Longfin squid Directed fishery. (i) Tier 1 moratorium permits. (ii) Tier 2 moratorium permits. (iii) Tier 3 moratorium permits. (2) Incidental fishery. (ii) During a closure of the directed longfin squid fishery in either Trimester I or III pursuant to paragraph § 648.24(a)(1), a vessel may not fish for, possess, or land more than 2,500 lb (1,134 kg) of longfin squid at any time per trip, and may only land longfin squid once on any calendar day. (iii) Unless otherwise specified in paragraph (b)(2)(iv) of this section, during a closure of the directed longfin squid fishery in Trimester II pursuant to § 648.24(a)(1), a vessel may not fish for, possess, or land more than 250 lb (113 kg) of longfin squid at any time per trip, and may only land longfin squid once on any calendar day. (iv) During a closure of the directed longfin squid fishery in Trimester II, a vessel issued either a Tier 1 or Tier 2 longfin squid moratorium permit may possess more than 250 lb (113 kg) of longfin squid per trip, provided the following conditions are met: (A) The vessel operator has declared into the directed Illex (B) The vessel is seaward of the coordinates specified at § 648.23(a)(5); (C) The vessel possesses more than 10,000 lb (4,536 kg) of Illex (D) The vessel possesses less than 15,000 lb (6,803 kg) of longfin squid if issued a Tier 1 longfin squid moratorium permit or 5,000 lb (2,268 kg) of longfin squid if issued a Tier 2 longfin squid moratorium permit; and (E) All fishing gear is stowed and rendered not available for immediate use, as defined in § 648.2, once the vessel is landward of the coordinates specified at § 648.23(a)(5). (c) Illex squid Directed fishery. Illex Illex Illex Illex (2) Incidental fishery. Illex Illex (i) A vessel is issued an open access squid/butterfish incidental catch permit; or (ii) A vessel is issued an Illex (d) Butterfish. (1) Directed fishery. (i) Vessels fishing with larger mesh. (ii) Vessels fishing with smaller mesh. (2) Incidental fishery. (e) Atlantic chub mackerel. Illex Illex (1) Initial commercial possession limits. Illex (2) Commercial fishery closure possession limits. Illex (i) When the Regional Administrator projects that 90 percent of the commercial Atlantic chub mackerel TAL has been landed, a vessel issued a commercial Atlantic mackerel, Illex (ii) When the Regional Administrator projects that 100 percent of the commercial Atlantic chub mackerel TAL has been landed, a vessel issued a commercial Atlantic mackerel, Illex [76 FR 60621, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, 2012; 77 FR 23636, Apr. 20, 2012; 78 FR 3354, Jan. 16, 2013; 79 FR 18843, Apr. 4, 2014; 80 FR 14875, Mar. 20, 2015; 81 FR 24509, Apr. 26, 2016; 83 FR 64268, Dec. 14, 2018; 83 FR 65315, Dec. 20, 2018; 84 FR 58059, Oct. 30, 2019; 85 FR 47116, Aug. 4, 2020; 88 FR 6670, Feb. 1, 2023; 88 FR 70910, Oct. 13, 2023; 89 FR 25821, Apr. 12, 2024; 91 FR 22465, Apr. 27, 2026] Subpart C—Management Measures for Atlantic Salmon § 648.40 Prohibition on possession. (a) Incidental catch. (b) Presumption. § 648.41 Framework specifications. (a) Within season management action. (1) Allow for Atlantic salmon aquaculture projects in the EEZ, provided such an action is consistent with the goals and objectives of the Atlantic Salmon FMP; and (2) Make changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (b) Framework process. (c) NEFMC recommendation. (1) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season. (2) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the NEFMC's recommended management measures. (3) Whether there is an immediate need to protect the resource. (4) Whether there will be a continuing evaluation of measures adopted following their implementation as a final rule. (d) NMFS action. (1) NMFS concurs with the NEFMC's recommended management measures and determines that the recommended measures should be issued as a final rule based on the factors specified in paragraph (c)(1) through (4) of this section, the measures will be issued as a final rule in the Federal Register. (2) NMFS concurs with the NEFMC's recommendation and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (3) NMFS does not concur, the NEFMC will be notified in writing of the reasons for the non-concurrence. (e) Emergency action. [64 FR 40520, July 27, 1999, as amended at 80 FR 37194, June 30, 2015] Subpart D—Management Measures for the Atlantic Sea Scallop Fishery Source: 69 FR 35215, June 23, 2004, unless otherwise noted. § 648.50 Shell-height standard. (a) Minimum shell height. (b) Compliance and sampling. § 648.51 Gear and crew restrictions. (a) Trawl vessel gear restrictions. (1) Maximum sweep. (2) Net requirements Minimum mesh size. (ii) Measurement of mesh size. (3) Chafing gear and other gear obstructions Net obstruction or constriction. (ii) Mesh obstruction or constriction. (iii) A fishing vessel may not use or possess a net capable of catching scallops in which the bars entering or exiting the knots twist around each other. (b) Dredge vessel gear restrictions. (1) Maximum dredge width. i.e., (2) Minimum mesh size. (3) Minimum ring size. (ii) Ring size is determined by measuring the shortest straight line passing through the center of the ring from one inside edge to the opposite inside edge of the ring. The measurement shall not include normal welds from ring manufacturing or links. The rings to be measured will be at least five rings away from the mouth, and at least two rings away from other rigid portions of the dredge. (4) Chafing gear and other gear obstructions Chafing gear restrictions. (ii) Link restrictions. i.e. (iii) Dredge or net obstructions. (iv) Twine top restrictions as a proactive accountability measure for bycatch. (v) Measurement of twine top mesh size. (5) Restrictions applicable to sea scallop dredges in the mid-Atlantic Requirement to use chain mats. (ii) Requirement to use a turtle deflector dredge (TDD) frame 1 5 ( 1 ( 2 ( 3 ( 4 ( 5 (B) A limited access scallop vessel that uses a dredge with a width less than 10.5 ft (3.2 m) is required to use a TDD, except that such a vessel is exempt from the “bump out” requirement specified in paragraph (b)(5)(ii)(A)( 5 (C) A vessels subject to the requirements in paragraph (b)(5)(ii) of this section transiting waters west of 71° W. long., from the shoreline to the outer boundary of the EEZ, is exempted from the requirement to only possess and use TDDs, provided the dredge gear is stowed and not available for immediate use as defined in § 648.2. (D) TDD-related definitions. 1 ( 2 ( 3 (c) Crew restrictions. (1) A vessel fishing in the Nantucket Lightship-South-Deep Access Area, as described in § 648.60(e), may have no more than 10 people aboard, including the operator, when not docked or moored in port. (2) A vessel participating in the small dredge program is restricted as specified in paragraph (e) of this section. (3) The Regional Administrator may authorize additional people to be on board through issuance of a letter of authorization. (4) An at-sea observer is on board, as required by § 648.11(k). (d) Sorting and shucking machines. (2) Sorting machines are prohibited on limited access vessels fishing under the scallop DAS program. (e) Small dredge program restrictions. (1) The vessel must fish exclusively with one dredge no more than 10.5 ft (3.2 m) in width. (2) The vessel may not use or have more than one dredge on board. However, component parts may be on board the vessel such that they do not conform with the definition of “dredge or dredge gear” in § 648.2, i.e., (3) The vessel may have no more than five people, including the operator, on board, except as follows: (i) A vessel participating in the Sea Scallop Area Access Program as specified in § 648.60 may have no more than six people, including the operator, on board. (ii) The Regional Administrator may authorize additional people to be on board through issuance of a letter of authorization. (iii) An at-sea observer is on board, as required by § 648.11(k). (iv) A vessel fishing in the Nantucket Lightship-South-Deep Access Area, as described in § 648.60(e), may have no more than 8 people aboard, including the operator, when not docked or moored in port. (f) Restrictions on the use of trawl nets. Restrictions. (2) Replacement vessels. (i) Has not fished for scallops with a scallop dredge after December 31, 1987; or (ii) Has fished for scallops with a scallop dredge on no more than 10 trips from January 1, 1988, through December 31, 1994, has an engine horsepower no greater than 450. [69 FR 35215, June 23, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 648.52 Possession and landing limits. (a) IFQ trips Open area trips. (2) Access area trips. (b) NGOM trips. (c) Incidental trips. (d) Limited access vessel access area trips. (e) Limited access vessel open area in-shell scallop possession limit. (f) Limited access vessel access area in-shell scallop possession limit. (g) Possession limit to defray the cost of observers for LAGC IFQ vessels. (h) Possession limit to defray the cost of observers for NGOM vessels. [73 FR 20122, Apr. 14, 2008, as amended at 74 FR 20555, May 4, 2009; 75 FR 36569, June 28, 2010; 76 FR 43763, July 21, 2011; 78 FR 27100, May 9, 2013; 81 FR 26375, May 4, 2016; 81 FR 76521, Nov. 3, 2016; 82 FR 15161, Mar. 27, 2017; 84 FR 11442, Apr. 1, 2019; 85 FR 17761, Mar. 31, 2020; 87 FR 1696, Jan. 12, 2022; 87 FR 18294, Mar. 30, 2022; 88 FR 19566, Apr. 3, 2023] § 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch limits (ACL), annual catch targets (ACT), annual projected landings (APL), DAS allocations, and individual fishing quotas (IFQ). Link to an amendment published at 91 FR 57805, Sept. 11, 2026. (a) The following determinations and allocations for the sea scallop rotational areas are defined as follows and shall be established through the specifications or framework adjustment process: (1) OFL. i.e. (2) The specification of ABC, ACL, and ACT shall be based upon the following overfishing definition: The F shall be set so that in access areas, averaged for all years combined over the period of time that the area is closed and open to scallop fishing as an access area, it does not exceed the established F threshold for the scallop fishery; in open areas it shall not exceed the F threshold for the scallop fishery; and for access and open areas combined, it is set at a level that has a 75-percent probability of remaining below the F associated with ABC, as defined in paragraph (a)(3) of this section, taking into account all sources of fishing mortality in the limited access and LAGC fleets of the scallop fishery. (3) Overall ABC/ACL and APL Overall ABC/ACL. (ii) APL. (4) Deductions from ABC/ACL. (5) Limited access fleet sub-ACL and sub-ACT Limited access fleet sub-ACL. (ii) Limited access fleet sub-ACT. (6) LAGC IFQ fleet sub-ACL, sub-ACT, and annual allocation LAGC IFQ fleet sub-ACL. (ii) LAGC IFQ fleet sub-ACT. (iii) LAGC IFQ fleet annual allocation. (B) Standardized default LAGC IFQ allocation. Unless otherwise specified by the Council through the framework adjustment or specifications process defined in § 648.55, after the first-year allocation expires, the second-year default allocation, as described in § 648.55(a), shall be set at 75 percent of the first-year allocation for all vessels issued an LAGC IFQ scallop permit and not also issued a limited access permit and for vessels issued both an LAGC IFQ scallop permit and a limited access scallop permit. After the second-year default allocation expires, the third year allocation would be set to zero until replaced by subsequent allocations. (7) Scallop incidental landings target TAL. (8) Northern Gulf of Maine Total Allowable Landings (TAL). (i) NGOM Observer Set-Aside. (ii) NGOM Research Set-Aside. (iii) Northern Gulf of Maine Set-Aside. (iv) NGOM APL. (9) Scallop fishery catch limits. Table 1 to Paragraph ( a Catch limits 2026 2027 1 OFL 19,645 21,741 ABC/ACL (discards removed) 12,757 14,206 Incidental Landings 23 23 RSA 578 578 Observer Set-Aside 128 142 NGOM Set-Aside 199 99 ACL for fishery 12,028 13,463 Limited Access ACL 11,367 12,722 LAGC Total ACL 661 740 LAGC IFQ ACL (5 percent of ACL) 601 673 Limited Access with LAGC IFQ ACL (0.5 percent of ACL) 60 67 Limited Access ACT 10,169 11,026 APL (after set-asides removed) 7,747 ( 1 Limited Access APL (94.5 percent of APL) 7,321 ( 1 Total IFQ Annual Allocation (5.5 percent of APL) 2 426 320 LAGC IFQ Annual Allocation (5 percent of APL) 2 387 290 Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 39 29 1 2 (b) DAS specifications and allocations. (1) DAS allocations. (2) Assignment to DAS categories (ii) Subject to the vessel permit application requirements specified in § 648.4, for each fishing year, each vessel issued a limited access scallop permit shall be assigned to the DAS category (full-time, part-time, or occasional) it was assigned to in the preceding year, except as provided under the small dredge program specified in § 648.51(e). (3) DAS allocations. Table 2 to Paragraph ( b Permit category 2026 2027 1 Full-Time 36 27 Part-Time 14.4 10.8 Occasional 3 2.25 1 (4) Standardized default DAS allocations. Unless otherwise specified by the Council through the framework adjustment or specifications process defined in § 648.55, after the first-year allocations expire, the second-year default limited access DAS allocations, as described in § 648.55(a), shall be set at 75 percent of the first-year allocation. After the second-year default allocation expires, the third year allocation would be set to zero until replaced by subsequent allocations. (c) Accountability measures (AM) for limited access vessels. (1) Limited access AM exception. (2) Limited access fleet AM and exception provision timing. (d) End-of-year carry-over for open area DAS. (e) Accrual of DAS. (f) DAS credits Good Samaritan credit. (2) Canceled trip DAS credit. (i) There is no fish onboard the vessel and no fishing operations on the vessel were initiated, including setting and/or hauling fishing gear; and (ii) The owner or operator of the vessel fishing under a DAS program and required to use a VMS as specified under § 648.10(b) makes an initial trip cancelation notification from sea, at the time the trip was canceled, or at the earliest opportunity prior to crossing the demarcation line as defined at § 648.10(a). These reports are in the form of an email to NMFS Office of Law Enforcement and include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement by the operator that no fish were onboard and no fishing activity occurred; and (iii) The owner or operator of the vessel operating under the DAS program required to use the IVR call in as specified under § 648.10(h) makes an initial trip cancelation notification to NMFS by calling the IVR back at the time the trip was canceled, or at the earliest opportunity prior to returning to port. This request must include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement from the operator that no fish were onboard and no fishing activity occurred; and (iv) The owner or operator of the vessel requesting a canceled trip DAS credit, in addition to the requirements in paragraphs (f)(2)(ii) and (iii) of this section, submits a written DAS credit request form to NMFS within 30 days of the vessel's return to port from the canceled trip. This application must include at least the following information: Date and time when the vessel canceled the fishing trip; date and time of trip departure and landing; operator name; owner/corporation name; permit number; hull identification number; vessel name; date and time notification requirements specified under paragraphs (f)(2)(ii) and (iii) of this section were made; reason for canceling the trip; and owner/operator signature and date; and (v) The vessel trip report for the canceled trip as required under § 648.7(b) is submitted along with the DAS credit request form; and (vi) For DAS credits that are requested near the end of the fishing year as defined at § 648.2, and approved by the Regional Administrator, the credited DAS apply to the fishing year in which the canceled trip occurred. Credited DAS that remain unused at the end of the fishing year or that are not credited until the following fishing year may be carried over into the next fishing year, not to exceed the maximum number of carryover DAS as specified under paragraph (d) of this section. (3) Limited access scallop vessels fishing under the DAS program and landing scallops at a port located at or south of 39° N. Lat. (i) The vessel must submit a Scallop Pre-landing Notification Form, as specified at § 648.10(f)(4)(iv); (ii) The vessel's fishing gear is stowed and not available for immediate use as defined in § 648.2; (iii) The vessel must return directly to port and offload scallops; (iv) The vessel must land scallops at a port located at or south of 39° N. lat.; and (v) The vessel may not possess in-shell scallops. (g) Set-asides for observer coverage. (2) At the start of each scallop fishing year, the observer set-aside specified in paragraph (g)(1) of this section initially shall be divided proportionally by access and open areas, based on the amount of effort allocated into each area, in order to set the compensation and coverage rates. NMFS shall monitor the observer set-aside usage and may transfer set-aside from one area to another if one area is using more or less set-aside than originally anticipated. The set-aside may be transferred from one area to another, based on NMFS in-house area-level monitoring that determines whether one area will likely have excess set-aside while another may not. The set-aside shall be considered completely harvested when the full one percent is landed, at which point there would be no more compensation for any observed scallop trip, regardless of area. NMFS shall continue to proactively adjust compensation rates and/or observer coverage levels mid-year in order to minimize the chance that the set-aside would be harvested prior to the end of the FY. Utilization of the set-aside shall be on a first-come, first-served basis. When the set-aside for observer coverage has been utilized, vessel owners shall be notified that no additional scallop catch or DAS remain available to offset the cost of carrying observers. The obligation to carry and pay for an observer shall not be waived if set-aside is not available. (3) DAS set-aside for observer coverage. (h) Annual IFQs IFQ restriction. (2) Calculation of IFQ. (i) IFQ. (ii) Contribution factor. (A) Best year determination. (B) Years active. (C) Index to determine contribution factor. 1 2 Years active Index factor 1 0.75 2 0.875 3 1.0 4 1.125 5 1.25 (D) Contribution factor example. (iii) Contribution percentage. (iv) Vessel IFQ Example. (v) End-of-year carry-over for IFQ. i.e., i.e., (B) [Reserved] (3) IFQ ownership restrictions IFQ scallop vessel IFQ cap. (B) A vessel may be initially issued more than 2.5 percent of the IFQ-only annual allocation allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section, if the initial determination of its contribution factor specified in accordance with § 648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in an IFQ that exceeds 2.5 percent of the IFQ-only annual allocation to the IFQ scallop vessels as described in paragraph (a)(6) of this section. A vessel that is allocated an IFQ that exceeds 2.5 percent of the IFQ-only annual allocation to the IFQ scallop vessels as described in paragraph (a)(6) of this section, in accordance with this paragraph (h)(3)(i)(B), may not receive IFQ through an IFQ transfer, as specified in paragraph (h)(5) of this section. All scallops that have been allocated as part of the original IFQ allocation or transferred to a vessel during a given fishing year shall be counted towards the vessel cap. (C) A vessel initially issued a 2008 IFQ scallop permit or confirmation of permit history, or that was issued or renewed a limited access scallop permit or confirmation of permit history for a vessel in 2009 and thereafter, in compliance with the ownership restrictions in paragraph (h)(3)(i)(A) of this section, is eligible to renew such permit(s) and/or confirmation(s) of permit history, regardless of whether the renewal of the permit or confirmations of permit history will result in the 2.5-percent IFQ cap restriction being exceeded. (ii) IFQ ownership cap. (B) Vessel owners who were initially issued a 2008 IFQ scallop permit or confirmation of permit history, or who were issued or renewed a limited access scallop permit or confirmation of permit history for a vessel in 2009 and thereafter, in compliance with the ownership restrictions in paragraph (h)(3)(ii)(A) of this section, are eligible to renew such permits(s) and/or confirmation(s) of permit history, regardless of whether the renewal of the permits or confirmations of permit history will result in the 5-percent ownership restriction being exceeded. (C) Having an ownership interest includes, but is not limited to, persons who are shareholders in a vessel owned by a corporation, who are partners (general or limited) to a vessel owner, or who, in any way, partly own a vessel. (iii) Limited access scallop vessels that have been issued an IFQ scallop permit. (4) IFQ cost recovery. (i) Cost recovery fee determination. (ii) Fee payment procedure. www.pay.gov, (iii) Payment compliance. (5) Transferring IFQ Temporary IFQ transfers IFQ-only vessels. e.g., i.e., (B) Limited access vessels with LAGC IFQ. e.g., i.e., (ii) Permanent IFQ transfers. i.e., (B) If a vessel owner permanently transfers the vessel's entire IFQ to another IFQ vessel, the LAGC IFQ scallop permit shall remain valid on the transferor vessel, unless the owner of the transferor vessel cancels the IFQ scallop permit. Such cancellation shall be considered voluntary relinquishment of the IFQ permit, and the vessel shall be ineligible for an IFQ scallop permit unless it replaces another vessel that was issued an IFQ scallop permit. The Regional Administrator has final approval authority for all IFQ transfer requests. (iii) IFQ transfer restrictions. i.e., (iv) Application for an IFQ transfer. (A) Application information requirements. (B) Approval of IFQ transfer applications. (C) Denial of transfer application. [73 FR 20123, Apr. 14, 2008] Editorial Note: For Federal Register www.govinfo.gov. § 648.54 State waters exemption. (a) State eligibility for exemption. (2) The Regional Administrator shall determine which states have a scallop fishery and which of those states have a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. In such case, the Regional Administrator shall publish a rule in the Federal Register, (3) A state that has been issued a state waters exemption under paragraph (a)(4) of this section must immediately notify the Regional Administrator of any changes in its scallop conservation program. The Regional Administrator shall review these changes and, if a determination is made that the state's conservation program jeopardizes the biomass and fishing mortality/effort limit objectives of the FMP, or that the state no longer has a scallop fishery, the Regional Administrator shall publish a rule in the Federal Register, (4) The Regional Administrator has determined that the State of Maine and Commonwealth of Massachusetts both have a scallop fishery conservation program for its scallop fishery that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. A vessel fishing in State of Maine waters may fish under the State of Maine state waters exemption, subject to the exemptions specified in paragraphs (b) and (c) of this section, provided the vessel is in compliance with paragraphs (e) through (g) of this section. In addition, a vessel issued a Federal Northern Gulf of Maine or Limited Access General Category Individual Fishing Quota permit fishing in State of Maine or Commonwealth of Massachusetts waters may fish under their respective state waters exemption specified in paragraph (d) of this section, provided the vessel is in compliance with paragraphs (e) through (g) of this section. (b) Limited access scallop vessel exemption. (c) Gear and possession limit restrictions. (d) NGOM closure exemption. (e) Notification requirements. (f) Restriction on fishing in the EEZ. (g) Duration of exemption. (h) Applicability of other provisions of this part. [69 FR 35215, June 23, 2004, as amended at 71 FR 33227, June 8, 2006; 73 FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74 FR 37593, July 30, 2009; 78 FR 27104, May 9, 2013; 80 FR 22131, Apr. 21, 2015; 80 FR 60569, Nov. 6, 2015; 81 FR 76524, Nov. 3, 2016; 82 FR 49299, Oct. 25, 2017] § 648.55 Specifications and framework adjustments to management measures. (a) Specifications. e.g., (2) Based on the PDT recommendations and any public comments received, the Atlantic Sea Scallop Oversight Committee shall recommend appropriate specifications to the New England Fishery Management Council. (3) The Council shall review these recommendations and, after considering public comments, shall recommend appropriate specifications for up to 2 years, as well as second or third-year default measures, to NMFS. NMFS shall approve, disapprove, or partially approve the specifications recommended by the Council and publish the approved specifications in the Federal Register (4) The PDT shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report at least every two years that provides the information and analysis needed to evaluate potential management adjustments. The preparation of the SAFE Report shall begin on or about June 1 of the year preceding the fishing year in which measures will be adjusted. (5) The PDT will meet at least once during the interim years to review the status of the stock relative to the overfishing definition if information is available to do so. If the Council determines, based on information provided by the PDT or other stock-related information, that the approved specifications should be adjusted during the 2-year time period, it can do so through the same process outlined in paragraphs (a)(2) through (a)(4) of this section during the interim year. (6) Rotational area management guidelines. (7) Second and Third-year default specifications. Federal Register (b) [Reserved] (c) OFL, overall ABC/ACL, sub-ACLs, and sub-ACTs. (d) Yellowtail flounder and windowpane flounder sub-ACLs. (e) Reserved] (f) Framework adjustments. (1) Total allowable catch and DAS changes; (2) Shell height; (3) Offloading window reinstatement; (4) Effort monitoring; (5) Data reporting; (6) Trip limits; (7) Gear restrictions; (8) Permitting restrictions; (9) Crew limits; (10) Small mesh line; (11) Onboard observers; (12) Modifications to the overfishing definition; (13) VMS Demarcation Line for DAS monitoring; (14) DAS allocations by gear type; (15) Temporary leasing of scallop DAS requiring full public hearings; (16) Scallop size restrictions, except a minimum size or weight of individual scallop meats in the catch; (17) Aquaculture enhancement measures and closures; (18) Closed areas to increase the size of scallops caught; (19) Modifications to the opening dates of closed areas; (20) Size and configuration of rotational management areas; (21) Controlled access seasons to minimize bycatch and maximize yield; (22) Area-specific trip allocations; (23) TAC specifications and seasons following re-opening; (24) Limits on number of area closures; (25) Set-asides for funding research; (26) Priorities for scallop-related research that is funded by research TAC set-aside; (27) Finfish TACs for controlled access areas; (28) Finfish possession limits; (29) Sea sampling frequency; (30) Area-specific gear limits and specifications; (31) Modifications to provisions associated with observer set-asides; observer coverage; observer deployment; observer service provider; and/or the observer certification regulations; (32) Specifications for IFQs for limited access general category vessels; (33) Revisions to the cost recovery program for IFQs; (34) Development of general category fishing industry sectors and fishing cooperatives; (35) Adjustments to the Northern Gulf of Maine scallop fishery measures; (36) VMS requirements; (37) Increases or decreases in the LAGC possession limit; (38) Adjustments to aspects of ACL management, including accountability measures; (39) Adjusting EFH closed area management boundaries or other associated measures; (40) Changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set-aside programs; and (41) Any other management measures currently included in the FMP. (g) The Council may make recommendations to the Regional Administrator to implement measures in accordance with the procedures described in this section to address gear conflict as defined under § 600.10 of this chapter. In developing such recommendation, the Council shall define gear management areas, each not to exceed 2,700 mi 2 2 (1) Monitoring of a radio channel by fishing vessels; (2) Fixed-gear location reporting and plotting requirements; (3) Standards of operation when gear conflict occurs; (4) Fixed-gear marking and setting practices; (5) Gear restrictions for specific areas (including time and area closures); (6) VMS; (7) Restrictions on the maximum number of fishing vessels or amount of gear; and (8) Special permitting conditions. (h) The measures shall be evaluated and approved by the relevant committees with oversight authority for the affected FMPs. If there is disagreement between committees, the Council may return the proposed framework adjustment to the standing or ad hoc gear conflict committee for further review and discussion. (i) Unless otherwise specified, after developing a framework adjustment and receiving public testimony, the Council shall make a recommendation to the Regional Administrator. The Council's recommendation must include supporting rationale and, if management measures are recommended, an analysis of impacts and a recommendation to the Regional Administrator on whether to publish the framework adjustment as a final rule. If the Council recommends that the framework adjustment should be published as a final rule, the Council must consider at least the following factors and provide support and analysis for each factor considered: (1) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (2) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry, consistent with the Administrative Procedure Act, in the development of the Council's recommended management measures; (3) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts; and (4) Whether there will be a continuing evaluation of management measures adopted following their promulgation as a final rule. (j) If the Council's recommendation includes adjustments or additions to management measures, and if, after reviewing the Council's recommendation and supporting information: (1) The Regional Administrator approves the Council's recommended management measures, the Secretary may, for good cause found pursuant to the Administrative Procedure Act, waive the requirement for a proposed rule and opportunity for public comment in the Federal Register. (2) The Regional Administrator approves the Council's recommendation and determines that the recommended management measures should be published first as a proposed rule, the action shall be published as a proposed rule in the Federal Register. Federal Register (3) The Regional Administrator does not concur, the Council shall be notified, in writing, of the reasons for the non-concurrence. (k) Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(c) of the Magnuson-Stevens Act. [76 FR 43766, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 79 FR 34262, June 16, 2014; 80 FR 37194, June 30, 2015; 81 FR 76524, Nov. 3, 2016; 87 FR 1699, Jan. 12, 2022] § 648.56 Scallop research. (a) At least biennially, in association with the biennial framework process, the Council and NMFS shall prepare and issue an announcement of Federal Funding Opportunity (FFO) that identifies research priorities for projects to be conducted by vessels using research set-aside as specified in paragraph (d) of this section and § 648.59(e), provides requirements and instructions for applying for funding of a proposed RSA project, and specifies the date by which applications must be received. The FFO shall be published as soon as possible by NMFS and shall provide the opportunity for applicants to apply for projects to be awarded for 1 or 2 years by allowing applicants to apply for RSA funding for the first year, second year, or both. (b) Proposals submitted in response to the FFO must include the following information, as well as any other specific information required within the FFO: A project summary that includes the project goals and objectives, the relationship of the proposed research to scallop research priorities and/or management needs, project design, participants other than the applicant, funding needs, breakdown of costs, and the vessel(s) for which authorization is requested to conduct research activities. (c) NOAA shall make the final determination as to what proposals are approved and which vessels are authorized to take scallops in excess of possession limits, or take additional trips into Open, Access Areas, or the NGOM management area. NMFS shall provide authorization of such activities to specific vessels by letter of acknowledgement, letter of authorization, or Exempted Fishing Permit issued by the Regional Administrator, which must be kept on board the vessel. (d) Available RSA allocation shall be 1.275 million lb (578 mt) annually, which shall be deducted from the ABC/ACL specified in § 648.53(a) prior to setting ACLs for the limited access and LAGC fleets, as specified in § 648.53(a)(3) and (4), respectively. Approved RSA projects shall be allocated an amount of scallop allocation that can be harvested in open areas, available access areas, and the NGOM. The specific access areas that are open to RSA harvest and the amount of NGOM allocation to be landed through RSA harvest shall be specified through the framework process as identified in § 648.59(e)(1). In a year in which a framework adjustment is under review by the Council and/or NMFS, NMFS shall make RSA awards prior to approval of the framework, if practicable, based on total scallop allocation needed to fund each research project. Recipients may begin compensation fishing in open areas prior to approval of the framework, or wait until NMFS approval of the framework to begin compensation fishing within approved access areas. (e) If all RSA TAC is not allocated in a fishing year, and proceeds from compensation fishing for approved projects fall short of funds needed to cover a project's budget due to a lower-than-expected scallop price, unused RSA allocation can be provided to that year's awarded projects to compensate for the funding shortfall, or to expand a project, rather than having that RSA go unused. NMFS shall identify the process for the reallocation of available RSA pounds as part of the FFO for the RSA program. The FFO shall specify the conditions under which a project that has been awarded RSA could be provided additional RSA pounds as supplemental compensation to account for lower-than-expected scallop price or for expansion of the project, timing of reallocation, and information submission requirements. (f) If all RSA pounds awarded to a project cannot be harvested during the applicable fishing year, RSA TAC awarded to that project may be harvested through June 30 of the fishing year subsequent to the fishing year in which the set-aside is awarded. (g) Vessels conducting research under an approved RSA project may be exempt from crew restrictions specified in § 648.51, seasonal closures of access areas specified in § 648.60, and the restriction on fishing in only one access area during a trip specified in § 648.59(b)(4). The RSA project proposal must list which of these measures for which an exemption is required. An exemption shall be provided by Letter of Authorization issued by the Regional Administrator. RSA compensation fishing trips and combined compensation and research trips are not eligible for these exemptions. (h) Upon completion of scallop research projects approved pursuant to this section and the applicable NOAA grants review process, researchers must provide the Council and NMFS with a report of research findings, which must include at least the following: A detailed description of methods of data collection and analysis; a discussion of results and any relevant conclusions presented in a format that is understandable to a non-technical audience; and a detailed final accounting of all funds used to conduct the sea scallop research. (i) Vessels on compensation fishing trips, harvesting scallops for RSA compensation, may not fish for, or land scallops except for RSA compensation. Vessels on compensation fishing trips may not fish for, or land scallops on DAS, access area allocation, or IFQ allocation. [76 FR 43769, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 81 FR 76525, Nov. 3, 2016; 83 FR 12862, Mar. 26, 2018; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022; 90 FR 16652, Apr. 21, 2025] §§ 648.57-648.58 [Reserved] § 648.59 Sea Scallop Rotational Area Management Program and Access Area Program requirements. (a) The Scallop Rotational Area Management Program consists of Scallop Rotational Areas, as defined in § 648.2. Guidelines for this area rotation program ( i.e., (1) Prohibition on Entering or Transiting a Scallop Rotational Area. (2) Transiting a Scallop Rotational Area available for Continuous Transit. (i) [Reserved] (ii) [Reserved] (b) A limited access scallop vessel may only fish in the Scallop Rotational Areas, defined in § 648.60, when the areas are open ( i.e., i.e., (1) VMS. (2) Vessels participating in the Scallop Access Area Program must comply with the trip declaration requirements specified in § 648.10(f) and vessel notification requirements specified in § 648.11(k) for observer deployment. (3) Scallop Rotational Access Area allocations Limited access vessel allocations and possession limits. (B) There are no scallop rotational areas available for continuous transit for the 2026 and 2027 fishing years. (ii) Limited access vessels' one-for-one area access allocation exchanges Full-time limited access vessels. 1 i.e., ( 2 (B) [Reserved] (4) Area fished. (5) NE multispecies possession limits Maximum possession limit of NE Multispecies combined. (ii) Atlantic cod. (iii) Haddock. (iv) Yellowtail flounder. (6) Gear restrictions. (ii) Vessels fishing in the Area II Scallop Rotational Area defined in § 648.60(b) are prohibited from fishing with trawl gear as specified in § 648.51(f)(1). (7) Transiting. i.e., (8) Off-loading restrictions. (9) Reporting. (c) Scallop Access Area scallop allocation carryover. (d) Possession limit to defray the cost of observers. (e) Sea Scallop Research Set-Aside Harvest in Scallop Access Areas. (1) 2026. (2) 2027. (f) VMS polling. (g) Limited Access General Category vessels. (2) Limited Access General Category Gear restrictions. (3) LAGC IFQ Access Area trips. i.e., (ii) Scallops landed by each LAGC IFQ vessel on an access area trip shall count against the vessel's IFQ. (iii) Upon a determination from the Regional Administrator that the total number of LAGC IFQ trips in a specified Access Area have been or are projected to be taken, the Regional Administrator shall publish notification of this determination in the Federal Register, Federal Register (iv) Allocation of Scallop Access Area Trips. (v) LAGC IFQ access area allocations. (4) Possession limits Scallops. (B) An LAGC scallop vessel authorized to fish in the Scallop Rotational Areas specified in § 648.60 may possess scallops up to the possession limit specified in § 648.52(a), unless otherwise authorized pursuant to paragraph (d) of this section. (ii) Other species. [81 FR 76525, Nov. 3, 2016, as amended at 82 FR 15162, Mar. 27, 2017; 83 FR 15263, Apr. 9, 2018; 83 FR 17309, Apr. 19, 2018; 84 FR 11443, Apr. 1, 2019; 85 FR 7442, Feb. 7, 2020; 85 FR 17762, Mar. 31, 2020; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022; 87 FR 18285, Mar. 30, 2022; 88 FR 19567, Apr. 3, 2023; 89 FR 20350, Mar. 22, 2024; 90 FR 16652, Apr. 21, 2025; 91 FR 14788, Mar. 27, 2026] § 648.60 Sea Scallop Rotational Areas. (a)—(f) [Reserved] (g) Nantucket Lightship Scallop Rotational Area Nantucket Lightship Scallop Rotational Area definition. Table 1 to Paragraph ( g Point Latitude Longitude NL1 40°20.0′ N 69°30.0′ W NL2 40°20.0′ N 68°48.0′ W NL3 40°33.0′ N 68°48.0′ W NL4 40°33.0′ N 69°00.0′ W NL5 40°50.0′ N 68°60.0′ W NL6 40°50.0′ N 69°30.0′ W NL1 40°20.0′ N 69°30.0′ W (2) [Reserved] (h) Area II Scallop Rotational Area boundary. Table 2 to Paragraph ( h Point N latitude W longitude Note AII1 41°30′ 67°20′ AII2 41°30′ ( a ( b AII3 40°40′ ( c ( b AII4 40°40′ 67°20′ AII1 41°30′ 67°20′ a b c (i)-(j) [Reserved] [85 FR 17764, Mar. 31, 2020, as amended at 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022; 88 FR 19568, Apr. 3, 2023; 89 FR 20351, Mar. 22, 2024; 90 FR 16653, Apr. 21, 2025; 91 FR 14789, Mar. 27, 2026] § 648.61 [Reserved] § 648.62 Northern Gulf of Maine (NGOM) Management Program. (a) The NGOM scallop management area is the area north of 42°20′ N lat. and within the boundaries of the Gulf of Maine Scallop Dredge Exemption Area as specified in § 648.80(h)(3)(i). To fish for or possess scallops in the NGOM scallop management area, a vessel must have been issued a scallop permit as specified in § 648.4(a)(2). (1) A vessel fishing under a NGOM scallop permit may only fish for scallops in the NGOM scallop management area. (2) Scallop landings by vessels issued NGOM permits shall be deducted from the NGOM Set-Aside, as defined in § 648.53(a)(8)(iii), and specified in paragraph (b)(1) of this section, when vessels fished all or part of a trip in the Federal waters portion of the NGOM. If a vessel with a NGOM scallop permit fishes exclusively in state waters within the NGOM, scallop landings from those trips will not be deducted from the NGOM Set-Aside. (3) Scallop landings by all vessels issued LAGC IFQ scallop permits and fishing in the NGOM scallop management area against the NGOM Set-Aside, as defined in § 648.53(a)(8)(iii), shall be deducted from NGOM Set-Aside specified in paragraph (b)(1) of this section. Scallop landings by LAGC IFQ scallop vessels fishing in the NGOM scallop management area shall be deducted from their respective scallop IFQs. Landings by vessels with incidental permits shall not be deducted from the NGOM total allowable catch specified in paragraph (b) of this section. (4) A vessel issued a NGOM scallop permit may possess scallops outside the NGOM management unit if all fishing gear is stowed and not available for immediate use as defined in § 648.2. (5) Scallop landings by all vessels issued scallop permits and fishing in the NGOM under the scallop RSA program (as specified in § 648.56) shall be deducted from the overall RSA allocation. (b) NGOM Scallop Fishery landings limits. Table 1 to Paragraph ( b Landings limits 2026 2027 a NGOM TAL 482,753 1 percent NGOM ABC for Observers 19,886 RSA Contribution 25,000 25,000 NGOM Set-Aside 437,867 219,934 NGOM APL ( b ( b a b (2) Unless a vessel has fished for scallops outside of the NGOM scallop management area and is transiting the NGOM scallop management area with all fishing gear stowed and not available for immediate use as defined in § 648.2, no vessel issued an LAGC scallop permit pursuant to § 648.4(a)(2) may possess, retain, or land scallops in the NGOM scallop management area once the Regional Administrator has provided notification in the Federal Register (3) If the NGOM Set-Aside is exceeded, the amount of NGOM scallop landings in excess of the NGOM Set-Aside specified in paragraph (b)(1) of this section shall be deducted from the NGOM Set-Aside for the subsequent fishing year, or, as soon as practicable, once scallop landings data for the NGOM management area is available. (c) VMS requirements. (d) Gear restrictions. [73 FR 20131, Apr. 14, 2008, as amended at 75 FR 36576, June 28, 2010; 76 FR 43770, 43797, July 21, 2011; 77 FR 20741, Apr. 6, 2012; 78 FR 27108, May 9, 2013; 79 FR 52580, Sept. 4, 2014; 81 FR 26786, May 4, 2016; 81 FR 76529, Nov. 3, 2016; 82 FR 15163, Mar. 27, 2017; 83 FR 12862, Mar. 26, 2018; 84 FR 11445, Apr. 1, 2019; 85 FR 2324, Jan. 15, 2020; 85 FR 17766, Mar. 31, 2020; 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022; 88 FR 19569, Apr. 3, 2023; 89 FR 20352, Mar. 22, 2024; 90 FR 16654, Apr. 21, 2025; 91 FR 14789, Mar. 27, 2026] § 648.63 General category Sectors and harvesting cooperatives. (a) Procedure for implementing Sector allocation proposals. (2) Upon receipt of a Sector allocation proposal, the Council must decide whether to initiate such framework. Should a framework adjustment to authorize a Sector allocation be initiated, the Council shall follow the framework adjustment provisions of § 648.55. Any framework adjustment developed to implement a Sector allocation proposal must be in compliance with the general requirements specified in paragraphs (b) and (c) of this section. Vessels that do not join a Sector remain subject to the LAGC scallop vessel regulations for non-Sector vessels specified under this part. (b) General requirements applicable to all Sector allocations. (1) Participation. (ii) Participation by incidental catch or NGOM scallop vessels in the Sector is subject to approval by the Council as part of the action that implements the Sector allocation, provided the details of such participation are specified in the Sector's operations plan. A Sector allocation may be harvested by non-Sector members, provided the Sector operations plan specifies that the Sector may authorize non-Sector vessels to harvest the Sector allocation. In this case, if the Sector is approved, the landings history of the participating non-Sector vessels may not be used in the calculation of future Sector shares and may not be used as scallop catch history for such vessels. The operations plan must specify how such participating non-Sector shall be subject to the rules of the Sector. (iii) Once a vessel operator and/or vessel owner signs a binding contract to have his/her vessel participate in a Sector, that vessel must remain in the Sector for the remainder of the fishing year. (iv) Vessels that fish in the LAGC scallop fishery outside the Sector allocation in a given fishing year may not participate in a Sector during that same fishing year, unless the Operations Plan provides an acceptable method for accounting for IFQ used, or catch by the vessel, prior to implementation of the Sector. (v) Once a vessel operator and/or vessel owner has agreed to participate in a Sector as specified in paragraph (b)(1)(iii) of this section, that vessel must remain in the Sector for the entire fishing year. If a permit is transferred by a Sector participant during the fishing year, the new owner must also comply with the Sector regulations for the remainder of the fishing year. (vi) Vessels and vessel operators and/or vessel owners removed from a Sector for violation of the Sector rules will not be eligible to fish under the scallop regulations for non-Sector vessels specified under this part either for any period specified in the final decision of penalty or sanction. (vii) If a pre-existing Sector accepts a new member, the percentage share brought to the Sector is based on that vessel's average qualification landings at the time it joins the Sector ( i.e. (viii) A vessel may not be a member of more than one Sector. Once a vessel enters into a Sector, it cannot fish during that fishing year under the regulations that apply to the common pool. Additionally, vessels cannot shift from one Sector to another during a single fishing year. Therefore, if a vessel leaves a Sector for any reason, it cannot participate in the general category scallop fishery during the remainder of that fishing year (2) Allocation of TAC to Sectors. (ii) Sector share determination. (iii) A sector shall not be allocated more than 20 percent of the ACL for IFQ vessels defined in § 648.53(a)(4). (3) Once a Sector's allocation is projected to be harvested, Sector operations will be terminated for the remainder of the fishing year. (4) If a Sector's allocation is exceeded in a given fishing year, the Sector, each vessel, and vessel operator and/or vessel owner participating in the Sector may be charged jointly and severally for civil penalties and permit sanction pursuant to 15 CFR part 904. If a Sector exceeds its allocation in more than one fishing year, the Sector's authorization to operate may be withdrawn. (5) A vessel operator and/or vessel owner participating in a Sector is not subject to the limit on the vessel's catch based on the vessel's own IFQ or contribution percentage as defined in § 648.53(h)(2)(iii), provided the vessel is participating in the Sector and carries on board a Letter of Authorization to participate in the Sector and exempts the vessel from its IFQ limit and any other related measures. The Sector shall determine how the Sector's allocation will be divided between its participating vessels, regardless of whether the catch by a participating vessel exceeds that vessel's own IFQ. (6) Each vessel operator and/or vessel owner fishing under an approved Sector must comply with all scallop management measures of this part and other applicable law, unless exempted under a Letter of Authorization, as specified in paragraph (b)(11) of this section. Each vessel and vessel operator and/or vessel owner participating in a Sector must also comply with all applicable requirements and conditions of the Operations Plan specified in paragraph (c) of this section and the Letter of Authorization issued pursuant to paragraph (b)(11) of this section. It shall be unlawful to violate any such conditions and requirements and each Sector, vessel, and vessel operator and/or vessel owner participating in the Sector may be charged jointly and severally for civil penalties and permit sanctions pursuant to 15 CFR part 904. (7) Approved Sectors must submit an annual year-end report to NMFS and the Council, within 60 days of the end of the fishing year, that summarizes the fishing activities of its members, including harvest levels of all federally managed species by Sector vessels, enforcement actions, and other relevant information required to evaluate the performance of the Sector. (8) It shall be the responsibility of each Sector to track its activity and internally enforce any provisions adopted through procedures established in the operations plan and agreed to through the Sector contract. Sector contracts should describe graduated sanctions, including grounds for expulsion of Sector member vessels. The Sector and participating Sector vessels shall be subject to NMFS enforcement action for violations of the regulations pertaining to Sectors and other regulations under 50 CFR part 648. Vessels operating within a Sector are responsible for judgments against the Sector. Sector operations plans shall specify how a Sector will monitor its landings to assure that Sector landings do not exceed the Sector allocation. At the end of the fishing year, NMFS shall evaluate landings using VMS and any other available information to determine whether a Sector has exceeded any of its allocations based on the list of participating vessels submitted in the operations plan. If a Sector exceeds its TAC, the Sector may have its authorization as a Sector withdrawn by the Regional Administrator, after consultation with the Council, and may be subject to enforcement action. (9) Permanent or temporary transfers of allocation between Sectors or between Sector and non-Sector participants is prohibited. For purposes of harvesting a Sector allocation only, vessels under contract to a Sector are assumed to be part of that Sector for the duration of that contract. (10) The Sector allocation proposal must contain an appropriate analysis that assesses the impact of the proposed Sector, in compliance with the National Environmental Policy Act. (11) If a Sector is approved as specified in paragraph (d)(3) of this section, the Regional Administrator shall issue a Letter of Authorization to each vessel operator and/or owner for the participating Sector vessel. The Letter of Authorization shall authorize participation in the Sector operations and may exempt the participating vessel from the requirement that the vessel cannot exceed its own IFQ and related measures. The Letter of Authorization may include requirements and conditions deemed necessary to ensure effective administration of and compliance with the Sector's operations plan and the Sector's allocation. (c) Operations plans. (2) The operations plan among all of the Sector members must have, at a minimum, the following components: (i) A list of all participants; (ii) A contract signed by all participants indicating their agreement to abide by the operations plan; (iii) An entity name, address, phone number, and the name and contact information for a Sector representative (a manager or director) that NMFS can contact regarding Sector management issues; (iv) A plan explaining how the Sector will harvest its allocation, including methods to inform NMFS of changes in those arrangements over the year; (v) The original distribution of catch history of vessels in the Sector (maintaining vessel data confidentiality); (vi) A plan detailing how the Sector will avoid exceeding its allocated TACs, including provisions for monitoring and enforcement of the Sector regulations, and documenting all landings and discards; (vii) Rules for entry to and exit from the Sector, including sanctions and procedures for removing members who do not comply with the operations plan; (viii) Procedure for notifying NMFS if a member is no longer part of the Sector and the reason for leaving; (ix) The process through which the operations plan can be amended by Sector members; (x) If the Sector plans to authorize non-Sector vessels to harvest scallops allocated to the Sector, details of such arrangements must be described in the operations plan; (xi) Any documents and analyses necessary to comply with the National Environmental Protection Act must be submitted to NMFS. The development of the analytical document is the responsibility of the applicants. (xii) Any other information determined to be necessary and appropriate. (d) Sector review, approval, and revocation. (2) The Regional Administrator may withdraw approval of a Sector at any time if he/she, in consultation with the New England Fishery Management Council, determines that Sector participants are not complying with the requirements of an approved operations plan or that the continuation of the operations plan will undermine achievement of fishing mortality objectives of the FMP. Withdrawal of approval of a Sector shall be completed after notice and comment rulemaking, pursuant to the Administrative Procedure Act. (3) A Sector is required to resubmit its operations plan to the Regional Administrator no later than July 1 of each year, whether or not the plan has changed. Once the submission documents specified under paragraphs (a)(1) and (c)(2) of this section have been determined to comply with the requirements of this section, NMFS may consult with the Council and shall approve or disapprove Sector operations consistent with applicable law. [73 FR 20131, Apr. 14, 2008, as amended at 77 FR 20741, Apr. 6, 2012; 81 FR 76530, Nov. 3, 2016] § 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery. (a) As specified in § 648.55(d), and pursuant to the biennial framework adjustment process specified in § 648.90, the scallop fishery shall be allocated a sub-ACL for the Georges Bank and Southern New England/Mid-Atlantic stocks of yellowtail flounder and the northern and southern stocks of windowpane flounder. The sub-ACLs for the yellowtail flounder stocks and the windowpane flounder stocks are specified in § 648.90(a)(4)(iii)(D) and (F) of the NE multispecies regulations, respectively. (b) Accountability Measure Areas Georges Bank Accountability Measure Area. Point N latitude W longitude Note GBAM1 41°30′ 67°20′ GBAM2 41°30′ ( 1 ( 2 GBAM3 40°30′ ( 3 ( 2 GBAM4 40°30′ 67°20′ GBAM1 41°30′ 67°20′ 1 2 3 (2) Mid-Atlantic Accountability Measure Area. (c) Gear restriction. (1) No more than 5 rows of rings shall be used in the apron of the dredge. The apron is on the top side of the dredge, extends the full width of the dredge, and is the rows of dredge rings that extend from the back edge of the twine top ( i.e., (2) The maximum hanging ratio for a net, net material, or any other material on the top of a scallop dredge (twine top) possessed or used by vessels fishing with scallop dredge gear does not exceed 1.5 meshes per 1 ring overall. This means that the twine top is attached to the rings in a pattern of alternating 2 meshes per ring and 1 mesh per ring (counted at the bottom where the twine top connects to the apron), for an overall average of 1.5 meshes per ring for the entire width of the twine top. For example, an apron that is 40 rings wide subtracting 5 rings one each side of the side pieces, yielding 30 rings, would only be able to use a twine top with 45 or fewer meshes so that the overall ratio of meshes to rings did not exceed 1.5 (45 meshes/30 rings = 1.5). (3) Vessels may not fish for scallops with trawl gear when the gear restricted area accountability measure is in effect. (d) Georges Bank Yellowtail Flounder Accountability measure. (2) Duration of gear restricted area. Percent overage of sub-ACL Duration of gear 20 or less November 15 through December 31. Greater than 20 April through March (year round). (e) SNE/MA yellowtail flounder accountability measure. (2) Duration of gear restricted area. Percent overage of sub-ACL Duration of gear 20 or less April. Greater than 20 April through May. (f) Northern windowpane flounder accountability measure. (2) The Northern Windowpane Flounder Gear Restricted Area shall remain in effect for the period of time based on the corresponding percent overage of the northern windowpane flounder sub-ACL, as follows: Table 4 to Paragraph (f)(2) Percent overage of sub-ACL Duration of gear restriction 20 or less November 15 through December 31. Greater than 20 April through March (year-round). (g) Southern windowpane accountability measure. (2) Duration of gear restricted area. Percent overage of sub-ACL Duration of gear 20 or less February. Greater than 20 March and February. (h) Process for implementing the AM If there is reliable information to make a mid-year determination, (2) If reliable information is not available to make a mid-year determination, e.g., [83 FR 17311, Apr. 19, 2018, as amended at 89 FR 20353, Mar. 22, 2024; 91 FR 11171, Mar. 9, 2026] § 648.65 [Reserved] Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries § 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL). (a) The MAFMC staff shall recommend to the MAFMC ACLs for the surfclam and ocean quahog fisheries, which shall not exceed the ABCs recommended by the SSC. (1) Sectors. (2) Periodicity. (b) Performance review. (1) If the surfclam or the ocean quahog ACL is exceeded with a frequency greater than 25 percent ( i.e., (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that a stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews. [76 FR 60622, Sept. 29, 2011, as amended at 91 FR 22466, Apr. 27, 2026] § 648.71 Surfclam and ocean quahog Annual Catch Targets (ACT). (a) The MAFMC staff shall identify and review the relevant sources of management uncertainty to recommend ACTs to the MAFMC as part of the surfclam and ocean quahog specification process. The MAFMC staff recommendations shall identify the specific sources of management uncertainty that were considered, technical approaches to mitigating these sources of uncertainty, and any additional relevant information considered in the ACT recommendation process. (1) Sectors. (2) Periodicity. (b) Performance review. [76 FR 60622, Sept. 29, 2011] § 648.72 Surfclam and ocean quahog specifications. (a) Establishing catch quotas. (1) Quota reports. (i) Exploitable and spawning biomass relative to the quotas. (ii) Fishing mortality rates relative to the quotas. (iii) Magnitude of incoming recruitment. (iv) Projected effort and corresponding catches. (v) Geographical distribution of the catch relative to the geographical distribution of the resource. (vi) Status of areas previously closed to surfclam fishing that are to be opened during the year and areas likely to be closed to fishing during the year. (2) Public review. Federal Register. Federal Register. (b) Interim quota modifications. (c) Annual quotas. Federal Register [76 FR 60622, Sept. 29, 2011, as amended at 81 FR 38972, June 15, 2016; 87 FR 71529, Nov. 23, 2022] § 648.73 Surfclam and ocean quahog Accountability Measures. (a) Commercial ITQ fishery. (2) Any amount of an ACL overage that cannot be otherwise attributed to an ITQ allocation holder will be deducted from the appropriate ACL in the following fishing year. (b) Maine mahogany quahog fishery. [76 FR 60623, Sept. 29, 2011] § 648.74 Individual Transferable Quota (ITQ) Program. Link to an amendment published at 91 FR 57805, Sept. 11, 2026. (a) Annual individual allocations. i.e., (1) Surfclam and ocean quahog ITQ permits. (i) Eligibility. (ii) Application General. (B) Renewal applications. (C) Lenders Holding ITQ Quota Share as Collateral. ( 1 ( 2 ( 3 (iii) Issuance. (iv) Duration. (v) Alteration. (vi) Replacement. (vii) Transfer. (viii) Fee. Federal Register, (ix) Abandonment or voluntary relinquishment. (x) Transitional grace period. (2) ITQ ownership caps. Quota share. (ii) Cage tags. (iii) Enforcement. (A) Any partial or shared ownership is counted as full ownership by each party for the purpose of monitoring these caps. For example, if two people share ownership of a business with quota share, the full amount of quota share held by the business counts toward the cap for both owners. (B) Having an ownership interest includes, but is not limited to, persons who are shareholders in a corporation that holds an ITQ permit, who are partners (general or limited) to an ITQ permit holder, who are immediate family members of an ITQ permit holder, or who, in any way, partly own an entity that holds an ITQ permit. (C) Immediate family members include individuals connected by the following relationships: ( 1 ( 2 ( 3 ( 4 ( 5 (D) The quota share and cage tag caps do not apply to a bank or other lender that holds ITQ quota share as collateral on a loan as described in paragraph (a)(1)(i)(C) of this section. The quota share held as collateral and the associated cage tags will be treated as if it is held by the borrower. (E) Compliance with these ownership caps is based on the total amount of quota share or cage tags controlled throughout a fishing year. In this instance, control means the cumulative total amount of quota share or cage tags, including the amount held by the ITQ permit at the start of the fishing year plus any quota share or cage tags acquired by the ITQ permit throughout the fishing year. This measure of control during the fishing year is increased by acquiring quota share or cage tags from other ITQ permits, but is not reduced by any quota share or cage tags that are transferred to another ITQ permit. (iv) Review. (b) Transfers Quota share percentage. (2) Cage tags. (3) Denial of ITQ transfer application. 3 (c) ITQ cost recovery General. (2) Fee responsibility. i.e., (3) Fee basis. (i) Calculating fee percentage. (A) “DPC,” or direct program costs, are the actual incremental costs for the previous fiscal year directly related to the management, data collection, and enforcement of the ITQ program. “Actual incremental costs” mean those costs that would not have been incurred but for the existence of the ITQ program. If the amount of fees collected by NMFS is greater or lesser than the actual incremental costs incurred, the DPC will be adjusted accordingly for calculation of the fee percentage in the following year. (B) “V” is the total ex-vessel value from the previous calendar year attributable to the ITQ fishery. (ii) Calculating per-tag fee. (A) “T” is the number of cage tags used, pursuant to § 648.77, to land shellfish in the ITQ fishery in the previous calendar year. (B) “Fee percentage” and “V” are defined in paragraph (c)(3)(i) of this section. (C) The per-tag fee is rounded down so that it is expressed in whole cents. (iii) Publication. www.greateratlantic.fisheries.noaa.gov (4) Calculating individual fees. (5) Fee payment and collection. (i) Payment due date. (ii) Payment method. www.pay.gov, (6) Payment compliance. (i) IAD. (A) Describe the past-due fee; (B) Describe any applicable interest charges that may apply; (C) Provide you 30 days to either pay the specified amount or submit an appeal; and (D) Include instructions for submitting an appeal. (ii) Appeals. (A) Be in writing; (B) Allege credible facts or circumstances; (C) Include any relevant information or documentation to support your appeal; and (D) Be received by NMFS no later than 30 calendar days after the date on the IAD. If the last day of the time period is a Saturday, Sunday, or Federal holiday, the time period will extend to the close of the business on the next business day. Your appeal must be mailed or hand delivered to the address specified in the IAD. (iii) Final decision Final decision on your appeal. (B) Final decision if you do not appeal. (C) If the final decision determines that you are out of compliance. 1 ( 2 ( 3 (7) Annual report. [80 FR 42751, July 20, 2015, as amended at 81 FR 38973, June 15, 2016; 87 FR 71529, Nov. 22, 2022] § 648.75 Shucking at sea and minimum surfclam size. (a) Shucking at sea Observers. (ii) Any vessel owner may apply in writing to the Regional Administrator to shuck surfclams or ocean quahogs at sea. The application shall specify: Name and address of the applicant; permit number of the vessel; method of calculating the amount of surfclams or ocean quahogs harvested in the shell; vessel dimensions and accommodations; and length of fishing trip. (iii) The Regional Administrator shall provide an observer to any vessel owner whose application is approved. The owner shall pay all reasonable expenses of carrying the observer on board the vessel. (iv) Any observer shall certify at the end of each trip the amount of surfclams or ocean quahogs harvested in the shell by the vessel. Such certification shall be made by the observer's signature on the daily fishing log required by § 648.7. (2) Conversion factor. (ii) The Regional Administrator shall publish notification in the Federal Register Federal Register (iii) If the Regional Administrator makes the determination specified in paragraph (a)(2)(i) of this section, he/she may authorize the vessel owner to shuck surfclams or ocean quahogs at sea. Such authorization shall be in writing and be carried aboard the vessel. (b) Minimum surfclam size Minimum length. (2) Determination of compliance. (3) Suspension. Federal Register, (4) Measurement. [76 FR 60623, Sept. 29, 2011, as amended at 81 FR 38974, June 15, 2016] § 648.76 Closed areas. (a) Areas closed because of environmental degradation. (1) Boston Foul Ground. (2) New York Bight. (3) 106 Dumpsite. (4) Georges Bank. Open Portion of the Georges Bank Closed Area Point N. Latitude W. Longitude 1 42°00′ 68°50′ 2 42°00′ 67°20′ 3 41°00′ 67°20′ 4 41°00′ 67°10′ 5 40°40′ 67°10′ 6 40°40′ 68°30′ 7 41°30′ 68°30′ 8 41°30′ 68°50′ 1 42°00′ 68°50′ (i) Requirements for Vessels Fishing in the Open Portion of the Georges Bank Closed Area. (A) A valid letter of authorization issued by the Regional Administrator must be onboard the vessel; and (B) The vessel must adhere to the terms and conditions of the PSP testing protocol as adopted into the National Shellfish Sanitation Program by the Interstate Shellfish Sanitation Conference. All surfclams and ocean quahogs harvested from the area must be handled in accordance with the terms and conditions of the protocol from the first point of harvest through completion of testing and release by the State Shellfish Control Authority as required by the PSP testing protocol; and (C) Prior to leaving port at the start of a fishing trip, the vessel's owner or operator must declare its intent to fish in the area through the vessel's vessel monitoring system. (ii) [Reserved] (b) Areas closed because of small surfclams. (1) Closure. (i) Sixty percent or more are smaller than 4.5 inches (11.43 cm); and (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) in size. (2) Reopening. (i) The average length of the dominant (in terms of weight) size class in the area to be reopened is equal to or greater than 4.75 inches (12.065 cm); or (ii) The yield or rate of growth of the dominant shell-length class in the area to be reopened would be significantly enhanced through selective, controlled, or limited harvest of surfclams in the area. (c) Procedure. Federal Register Federal Register. Federal Register. (2) If the Regional Administrator determines, as the result of testing by state, Federal, or private entities, that a closure of an area under paragraph (a) of this section is necessary to prevent any adverse effects fishing may have on the public health, he/she may close the area for 60 days by publication of notification in the Federal Register, (d) Areas closed due to the presence of paralytic shellfish poisoning toxin Maine mahogany quahog zone. (2) [Reserved] [76 FR 60624, Sept. 29, 2011, as amended at 77 FR 75063, Dec. 19, 2012; 81 FR 38974, June 15, 2016] § 648.77 Cage identification. Except as provided in § 648.78, the following cage identification requirements apply to all vessels issued a Federal fishing permit for surfclams and ocean quahogs: (a) Tagging. 3 (b) Issuance. Federal Register, (c) Expiration. (d) Return. (e) Loss. (f) Replacement. (g) Transfer. (h) Presumptions. [76 FR 60625, Sept. 29, 2011] § 648.78 Maine mahogany quahog zone. (a) Landing requirements. (2) A vessel fishing under an individual allocation permit, regardless of whether it has a Maine mahogany quahog permit, fishing for or possessing ocean quahogs within the zone, may land its catch in the State of Maine, or, consistent with applicable state law in any other state that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with those food safety-based procedures used by the State of Maine for such purpose, and must comply with all requirements in §§ 648.74 and 648.77. Documentation required by the state and other laws and regulations applicable to food safety-based procedures must be made available by federally permitted dealers for inspection by NMFS. (b) ACT monitoring and closures Catch quota. (ii) All mahogany quahogs landed for sale in Maine by vessels issued a Maine mahogany quahog permit and not fishing for an individual allocation of ocean quahogs under § 648.74 shall be applied against the Maine mahogany quahog ACT, regardless of where the mahogany quahogs are harvested. (iii) All mahogany quahogs landed by vessels fishing in the Maine mahogany quahog zone for an individual allocation of quahogs under § 648.74 will be counted against the ocean quahog allocation for which the vessel is fishing. (iv) The Regional Administrator will monitor the ACT based on dealer reports and other available information, and shall determine the date when the ACT will be harvested. NMFS shall publish notification in the Federal Register (2) Maine Mahogany Quahog Advisory Panel. [76 FR 60625, Sept. 29, 2011] § 648.79 Surfclam and ocean quahog framework adjustments to management measures. (a) Within season management action. (1) Adjustment process. (2) MAFMC recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether the regulations would have to be in place for an entire harvest/fishing season. (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of recommended management measures. (iii) Whether there is an immediate need to protect the resource. (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) NMFS action. (i) If NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors specified in paragraph (a)(2) of this section, the measures will be issued as a final rule in the Federal Register. (ii) If NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the non-concurrence. (4) Emergency actions. (b) [Reserved] [76 FR 60625, Sept. 29, 2011, as amended at 76 FR 81848, Dec. 29, 2011; 80 FR 37194, June 30, 2015; 81 FR 38974, June 15, 2016] Subpart F—Management Measures for the NE Multispecies and Monkfish Fisheries § 648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of fishing. Except as provided in § 648.17, all vessels must comply with the following minimum mesh size, gear and methods of fishing requirements, unless otherwise exempted or prohibited. (a) Gulf of Maine (GOM) and GB Regulated Mesh Areas—(1) GOM Regulated Mesh Area. (i) Bounded on the east by the U.S.-Canada maritime boundary, defined by straight lines connecting the following points in the order stated: Point N. lat. W. long. G1 ( 1 ( 1 G2 43°58′ 67°22′ G3 42°53.1′ 67°44.4′ G4 42°31′ 67°28.1′ CII3 42°22′ 67°20′ 2 1 2 (ii) Bounded on the south by straight lines connecting the following points in the order stated: Point N. lat. W. long. CII3 42°22′ 67°20′ 1 G6 42°20′ 67°20′ G7 42°20′ 69°30′ G8 42°00′ 69°30′ G9 42°00′ ( 2 1 2 (2) GB Regulated Mesh Area. (i) Bounded on the north by the southern boundary of the GOM Regulated Mesh Area as defined in paragraph (a)(1)(ii) of this section; and (ii) Bounded on the east by straight lines connecting the following points in the order stated: GB Regulated Mesh Area Point N. latitude W. longitude CII3 42°22′ 67°20′ 1 SNE1 40°24′ 65°43′ 2 1 2 (iii) Bounded on the west by straight lines connecting the following points in the order stated: Point N. lat. W. long. G12 ( 1 70°00′ G11 40°50′ 70°00′ NL1 40°50′ 69°40′ NL2 40°18.7′ 69°40′ NL3 40°22.7′ 69°00′ ( 2 69°00′ 1 2 (3) GOM Regulated Mesh Area minimum mesh size and gear restrictions Vessels using trawls. (A) For vessels greater than 45 ft (13.7 m) in length overall, a diamond mesh codend is defined as the first 50 meshes counting from the terminus of the net, and a square mesh codend is defined as the first 100 bars counting from the terminus of the net. (B) For vessels 45 ft (13.7 m) or less in length overall, a diamond mesh codend is defined as the first 25 meshes counting from the terminus of the net, and a square mesh codend is defined as the first 50 bars counting from the terminus of the net. (ii) Vessels using Scottish seine, midwater trawl, and purse seine. (iii) Large-mesh vessels. (iv) Gillnet vessels Trip gillnet vessels 1 Mesh size. ( 2 Net size requirements. (B) Day gillnet vessels 1 Mesh size. ( 2 Number of nets. ( 3 Net size requirements. ( 4 Tags. (C) Obtaining and replacing tags. ( 1 Lost tags. ( 2 Replacement tags. (v) Hook gear restrictions. (vi) Other restrictions and exemptions. (vii) Rockhopper and roller gear restrictions. Inshore Restricted Roller Gear Area Point N. Latitude W. Longitude 1 42°00′ ( 1 2 42°00′ ( 2 3 42°00′ ( 3 4 42°00′ 69°50′ 5 43°00′ 69°50′ 6 43°00′ 70°00′ 7 43°30′ 70°00′ 8 43°30′ ( 4 1 2 3 4 (4) GB regulated mesh area minimum mesh size and gear restrictions Vessels using trawls. (ii) Vessels using Scottish seine, midwater trawl, and purse seine. (iii) Large-mesh vessels. (iv) Gillnet vessels. (A) Trip gillnet vessels. (B) Day gillnet vessels 1 Number of nets. ( 2 Net size requirements. ( 3 Tags. ( 4 Obtaining and replacing tags. (v) Hook gear restrictions. (vi)-(viii) [Reserved] (5) Small Mesh Northern Shrimp Fishery Exemption. (i) Restrictions on fishing for, possessing, or landing fish other than shrimp. (ii) Requirement to use a finfish excluder device (FED). (iii) Time restrictions. (6) Cultivator Shoal Whiting Fishery Exemption Area. Cultivator Shoal Whiting Fishery Exemption Area Point N. lat. W. long. C1 42°10′ 68°10′ C2 41°30′ 68°41′ CI4 41°30′ 68°30′ C3 41°12.8′ 68°30′ C4 41°05′ 68°20′ C5 41°55′ 67°40′ C1 42°10′ 68°10′ (i) Requirements. (B) An owner or operator of a vessel fishing in this area may not fish for, possess on board, or land any species of fish other than whiting and offshore hake combined—up to a maximum of 30,000 lb (13,608 kg), except for the following, with the restrictions noted, as allowable incidental species: Atlantic herring, up to the amount specified in § 648.204; longhorn sculpin; squid, butterfish, and Atlantic mackerel, up to the amounts specified in § 648.26; spiny dogfish, up to the amount specified in § 648.235; red hake, up to the amount specified in § 648.86(e), monkfish and monkfish parts—up to 10 percent, 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 specified in § 648.94(c)(4), whichever is less; and American lobster—up to 10 percent, by weight, of all other species on board or 200 lobsters, whichever is less, unless otherwise restricted by landing limits specified in § 697.17 of this chapter. (C) Counting from the terminus of the net, all nets must have a minimum mesh size of 3-inch (7.6-cm) square or diamond mesh applied to the first 100 meshes (200 bars in the case of square mesh) for vessels greater than 60 ft (18.3 m) in length and applied to the first 50 meshes (100 bars in the case of square mesh) for vessels less than or equal to 60 ft (18.3 m) in length. (D) Fishing is confined to a season of June 15 through October 31, unless otherwise specified by notification in the Federal Register. (E) When a vessel is transiting through the GOM or GB Regulated Mesh Areas specified under paragraphs (a)(1) and (2) of this section, any nets with a mesh size smaller than the minimum mesh specified in paragraphs (a)(3) or (4) of this section must be stowed and not available for immediate use as defined in § 648.2, unless the vessel is fishing for small-mesh multispecies under another exempted fishery specified in this paragraph (a). (F) A vessel fishing in the Cultivator Shoal Whiting Fishery Exemption Area may fish for small-mesh multispecies in exempted fisheries outside of the Cultivator Shoal Whiting Fishery Exemption Area, provided that the vessel complies with the more restrictive gear, possession limit, and other requirements specified in the regulations of that exempted fishery for the entire participation period specified on the vessel's letter of authorization and consistent with paragraph (a)(15)(i)(G) of this section. For example, a vessel may fish in both the Cultivator Shoal Whiting Fishery Exemption Area and the Southern New England or Mid-Atlantic Exemption Areas, and would be restricted to a minimum mesh size of 3 in (7.62 cm) and a maximum trip limit of 30,000 lb (13,607.77 kg) for silver hake and offshore hake, combined, as required in the Cultivator Shoal Whiting Fishery Exemption Area. (ii) Sea sampling. (iii) Annual review. (7) Transiting. (ii) Vessels subject to the minimum mesh size restrictions specified in paragraphs (a)(3) or (4) of this section may transit through the Scallop Dredge Fishery Exemption Areas defined in paragraphs (a)(11) and (18) of this section with nets on board with a mesh size smaller than the minimum size specified, provided that the nets are stowed and not available for immediate use as defined in § 648.2, and provided the vessel has no fish on board. (iii) Vessels subject to the minimum mesh size restrictions specified in paragraphs (a)(3) or (4) of this section may transit through the GOM and GB Regulated Mesh Areas defined in paragraphs (a)(1) and (2) of this section with nets on board with a mesh size smaller than the minimum mesh size specified and with small mesh exempted species on board, provided that the following conditions are met: (A) All nets with a mesh size smaller than the minimum mesh size specified in paragraphs (a)(3) or (4) of this section are stowed and not available for immediate use as defined in § 648.2. (B) A letter of authorization issued by the Regional Administrator is on board. (C) Vessels do not fish for, possess on board, or land any fish, except when fishing in the areas specified in paragraphs (a)(6), (a)(10), (a)(15), (b), and (c) of this section. Vessels may retain exempted small-mesh species as provided in paragraphs (a)(6)(i), (a)(10)(i), (a)(15)(i), (b)(3), and (c)(3) of this section. (8) Addition or deletion of exemptions Exemption allowing no incidental catch of regulated multispecies. Federal Register. (ii) Exemption allowing incidental catch of regulated species. (A) A prohibition on the possession of regulated multispecies that are overfished or where overfishing is occurring; (B) A prohibition on the possession of regulated species in NE multispecies closure areas; and (C) A prohibition on allowing an exempted fishery to occur that would allow retention of a regulated multispecies stock under an ongoing rebuilding program, unless it can be determined that the catch of the stock in the exempted fishery is not likely to result in exceeding the rebuilding mortality rate. (iii) For exemptions allowing no incidental catch of regulated species, as defined under paragraph (a)(8)(i) of this section, the NEFMC may recommend to the Regional Administrator, through the framework procedure specified in § 648.90(c), additions or deletions to exemptions for fisheries, either existing or proposed, for which there may be insufficient data or information for the Regional Administrator to determine, without public comment, percentage catch of regulated species. For exemptions allowing incidental catch of regulated species, as defined under paragraph (a)(8)(ii) of this section, the NEFMC may recommend to the Regional Administrator, through the framework procedure specified in § 648.90(c), additions or deletions to exemptions for fisheries, either existing or proposed, for which there may be insufficient data or information for the Regional Administrator to determine, without public comment, the risk that this exemption would result in a targeted regulated species fishery, the extent of the fishery in terms of time and area, and the possibility of expansion in the fishery. (iv) Unless otherwise specified within the exempted fisheries authorized under this paragraph (a)(8), incidental catch is restricted, at a minimum, to the following: (A) With the exception of fisheries authorized under paragraph (a)(8)(ii) of this section, a prohibition on the possession of regulated species; (B) A limit on the possession of monkfish or monkfish parts of 10 percent, by weight, of all other species on board or as specified by § 648.94(c)(3), (4), (5) or (6), as applicable, whichever is less; (C) A limit on the possession of lobsters of 10 percent, by weight, of all other species on board or 200 lobsters, whichever is less; and (D) A limit on the possession of skate or skate parts in the SNE Exemption Area described in paragraph (b)(10) of this section of 10 percent, by weight, of all other species on board. (9) Small Mesh Area 1/Small Mesh Area 2 Description. (B) Small-mesh Areas 1 and 2 are defined by straight lines connecting the following points in the order stated (copies of a chart depicting these areas are available from the Regional Administrator upon request): Small Mesh Area I Point N. lat. W. long. SM1 43°03′ 70°27′ SM2 42°57′ 70°22′ SM3 42°47′ 70°32′ SM4 42°45′ 70°29′ SM5 42°43′ 70°32′ SM6 42°44′ 70°39′ SM7 42°49′ 70°43′ SM8 42°50′ 70°41′ SM9 42°53′ 70°43′ SM10 42°55′ 70°40′ SM11 42°59′ 70°32′ SM1 43°03′ 70°27′ Small Mesh Area II Point N. lat. W. long. SM13 43°05.6′ 69°55′ SM14 43°10.1′ 69°43.3′ SM15 42°49.5′ 69°40′ SM16 42°41.5′ 69°40′ SM17 42°36.6′ 69°55′ SM13 43°05.6′ 69°55′ (ii) Raised footrope trawl. (A) Eight-inch (20.3-cm) diameter floats must be attached to the entire length of the headrope, with a maximum spacing of 4 ft (122.0 cm) between floats. (B) The ground gear must all be bare wire not larger than 1/2 5/8 3/4 (C) The footrope must be longer than the length of the headrope, but not more than 20 ft (6.1 m) longer than the length of the headrope. The footrope must be rigged so that it does not contact the ocean bottom while fishing. (D) The raised footrope trawl may be used with or without a chain sweep. If used without a chain sweep, the drop chains must be a maximum of 3/8 5/16 (10) Nantucket Shoals Dogfish Fishery Exemption Area. Nantucket Shoals Dogfish Exemption Area Point N. lat. W. long. NS1 41°45′ 70°00′ NS2 41°45′ 69°20′ NS3 41°30′ 69°20′ Cl1 41°30′ 69°23′ NS5 41°26.5′ 69°20′ NS6 40°50′ 69°20′ NS7 40°50′ 70°00′ NS1 41°45′ 70°00′ (i) Requirements. (B) Fishing is confined to June 1 through October 15. (C) When transiting the GOM or GB Regulated Mesh Areas, specified under paragraphs (a)(1) and (2) of this section, any nets with a mesh size smaller than the minimum mesh size specified in paragraphs (a)(3) and (4) of this section must be stowed and not available for immediate use as defined in § 648.2. (D) Incidental species provisions. (E) A vessel fishing in the Nantucket Shoals Dogfish Fishery Exemption Area, under the exemption, must comply with any additional gear restrictions specified in the letter of authorization issued by the Regional Administrator. (ii) Sea sampling. (11) [Reserved] (12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. (13) GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area. N lat. W long. 41°35′ 70°00′ 42°49.5′ 70°00′ 42°49.5′ 69°40′ 43°12′ 69°00′ ( 1 69°00′ 1 (i) Requirements. (B) The minimum mesh size for gillnets are as follows: ( 1 ( 2 (C) Fishing is confined to July 1 through September 14. (ii) [Reserved] (14) GOM/GB Dogfish Gillnet Exemption. (i) Requirements. (B) All gillnets must have a minimum mesh size of 6.5-inch (16.5-cm) diamond mesh throughout the net. (C) Fishing is confined to July 1 through August 31. (ii) [Reserved] (15) Raised Footrope Trawl Exempted Whiting Fishery. Raised Footrope Trawl Whiting Fishery Exemption Area [September 1 through November 20] Point N lat. W long. RF 1 42°14.05′ 70°08.8′ RF 2 42°09.2′ 69°47.8′ RF 3 41°54.85′ 69°35.2′ RF 4 41°41.5′ 69°32.85′ RF 5 41°39′ 69°44.3′ RF 6 41°45.6′ 69°51.8′ RF 7 41°52.3′ 69°52.55′ RF 8 41°55.5′ 69°53.45′ RF 9 42°08.35′ 70°04.05′ RF 10 42°04.75′ 70°16.95′ RF 11 42°00′ 70°13.2′ RF 12 42°00′ 70°24.1′ RF 13 42°07.85′ 70°30.1′ RF 1 42°14.05′ 70°08.8′ Raised Footrope Trawl Whiting Fishery Exemption Area [November 21 through December 31] Point N lat. W long. RF 1 42°14.05′ 70°08.8′ RF 2 42°09.2′ 69°47.8′ RF 3 41°54.85′ 69°35.2′ RF 4 41°41.5′ 69°32.85′ RF 5 41°39′ 69°44.3′ RF 6 41°45.6′ 69°51.8′ RF 7 41°52.3′ 69°52.55′ RF 8 41°55.5′ 69°53.45′ RF 9 42°08.35′ 70°04.05′ RF 1 42°14.05′ 70°08.8′ (i) Requirements. (B) All nets must be no smaller than a minimum mesh size of 2.5-in (6.35-cm) square or diamond mesh, subject to the restrictions as specified in paragraph (a)(15)(i)(D) of this section. An owner or operator of a vessel enrolled in the raised footrope whiting fishery may not fish for, possess on board, or land any species of fish other than silver hake, offshore hake, and red hake, subject to the applicable possession limits as specified in § 648.86(e), except for the following allowable incidental species: Butterfish, Atlantic mackerel, and squid, up to the amounts specified in § 648.26; scup, up to the amount specified in § 648.128; spiny dogfish, up to the amount specified in § 648.235, and Atlantic herring, up to the amount specified in § 648.204. (C) [Reserved] (D) All nets must comply with the minimum mesh sizes specified in paragraphs (a)(15)(i)(B) of this section. Counting from the terminus of the net, the minimum mesh size is applied to the first 100 meshes (200 bars in the case of square mesh) from the terminus of the net for vessels greater than 60 ft (18.3 m) in length and is applied to the first 50 meshes (100 bars in the case of square mesh) from the terminus of the net for vessels less than or equal to 60 ft (18.3 m) in length. (E) Raised footrope trawl gear is required and must be configured as specified in paragraphs (a)(9)(ii)(A) through (D) of this section. (F) Fishing may only occur from September 1 through November 20 of each fishing year, except that it may continue to occur in the eastern portion only of the Raised Footrope Trawl Whiting Fishery Exemption Area, which remains open through December 31 of each fishing year. (G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery may fish for small-mesh multispecies in exempted fisheries outside of the Raised Footrope Trawl Whiting Fishery exemption area, provided that the vessel complies with the more restrictive gear, possession limit and other requirements specified in the regulations of that exempted fishery for the entire participation period specified on the vessel's letter of authorization. For example, a vessel may fish in both the Raised Footrope Trawl Whiting Fishery and the Cultivator Shoal Whiting Fishery Exemption Area, and would be restricted to a minimum mesh size of 3 inches (7.6 cm), as required in the Cultivator Shoal Whiting Fishery Exemption Area; the use of the raised footrope trawl; and the catch and bycatch restrictions of the Raised Footrope Trawl Whiting Fishery, except for scup. (ii) Sea sampling. (16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. GOM Grate Raised Footrope Trawl Whiting Fishery Exemption Area [July 1 through November 30] Point N lat. W long. GRF1 43°15′ 70°35.4′ GRF2 43°15′ 70°00′ GRF3 43°25.2′ 70°00′ GRF4 43°41.8′ 69°20′ GRF5 43°58.8′ 69°20′ (i) Mesh requirements and possession restrictions. (B) All nets must comply with the minimum mesh size specified in paragraph (a)(16)(i)(A) of this section. Counting from the terminus of the net, the minimum mesh size is applied to the first 100 meshes (200 bars in the case of square mesh) from the terminus of the net for vessels greater than 60 ft (18.3 m) in length and is applied to the first 50 meshes (100 bars in the case of square mesh) from the terminus of the net for vessels less than or equal to 60 ft (18.3 m) in length. (C) An owner or operator of a vessel participating in the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery may fish for, possess, and land combined silver hake and offshore hake only up to 7,500 lb (3,402 kg). An owner or operator fishing with mesh larger than the minimum mesh size specified in paragraph (a)(16)(i)(A) of this section may not fish for, possess, or land silver hake or offshore hake in quantities larger than 7,500 lb (3,402 kg). (ii) Gear specifications. (A) An owner or operator of a vessel fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery must configure the vessel's gear with a raised footrope trawl as specified in paragraphs (a)(9)(ii)(A) through (C) of this section. In addition, the restrictions specified in paragraphs (a)(16)(ii)(B) and (C) of this section apply to vessels fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. (B) The raised footrope trawl must be used without a sweep of any kind (chain, roller frame, or rockhopper). The drop chains must be a maximum of 3/8 (C) The raised footrope trawl net must have a rigid or semi-rigid grate consisting of parallel bars of not more than 50 mm (1.97 inches) spacing that excludes all fish and other objects, except those that are small enough to pass between its bars into the codend of the trawl. The grate must be secured in the trawl, forward of the codend, in such a manner that it precludes the passage of fish or other objects into the codend without the fish or objects having to first pass between the bars of the grate. The net must have an outlet or hole to allow fish or other objects that are too large to pass between the bars of the grate to exit the net. The aftermost edge of this outlet or hole must be at least as wide as the grate at the point of attachment. The outlet or hole must extend forward from the grate toward the mouth of the net. A funnel of net material is allowed in the lengthening piece of the net forward of the grate to direct catch towards the grate. (iii) Annual review. (17) GOM/GB Exemption Area—Area definition. (i) Bounded on the east by the U.S.-Canada maritime boundary, defined by straight lines connecting the following points in the order stated: Gulf of Maine Georges Bank Exemption Area Point N. lat. W. long. G1 ( 1 ( 1 G2 43°58′ 67°22′ G3 42°53.1′ 67°44.4′ G4 42°31′ 67°28.1′ G5 41°18.6′ 66°24.8′ 1 (ii) Bounded on the south by straight lines connecting the following points in the order stated: Gulf of Maine/Georges Bank Exemption Area Point N. latitude W. longitude G6 40°55.5′ 66°38′ G7 40°45′ 68°00′ G8 40°37′ 68°00′ G9 40°30′ 69°00′ NL3 40°22.7′ 69°00′ NL2 40°18.7′ 69°40′ NL1 40°50′ 69°40′ G11 40°50′ 70°00′ G12 ( 1 70°00′ 1 (18) [Reserved] (19) Cape Cod Spiny Dogfish Exemption Areas. (i) Eastern area definition. Point N. latitude W. longitude CCD 1 42/00′ 70/00′ CCD 2 42/00′ 69/47.5′ CCD 3 41/40′ 69/47.5′ CCD 4 41/29.5′ 69/35.5′ CCD 5 41/29.5′ 69/23′ CCD 6 41/26′ 69/20′ CCD 7 41/20′ 69/20′ CCD 8 41/20′ ( 1 CCD 9 ( 2 70/00′ CCD 10 ( 3 70/00′ CCD 11 ( 4 70/00′ CCD 1 42/00′ 70/00′ 1 2 3 4 (A) Requirements. 1 ( 2 ( 3 (B) [Reserved] (ii) Western area definition. (A) Requirements. 1 ( 2 (B) [Reserved] (b) Southern New England (SNE) Regulated Mesh Area Area definition. (i) Bounded on the east by the western boundary of the GB Regulated Mesh Area described under paragraph (a)(2)(iii) of this section; and (ii) Bounded on the west by a line beginning at the intersection of 74°00′ W. long. and the south facing shoreline of Long Island, NY, and then running southward along the 74°00′ W. long. line. (2) Gear restrictions Vessels using trawls. (ii) Vessels using Scottish seine, midwater trawl, and purse seine. (iii) Large-mesh vessels. (iv) Gillnet vessels. (A) Trip gillnet vessels. (B) Day gillnet vessels 1 Number of nets. ( 2 Net size requirements. ( 3 Tags. (C) Obtaining and replacing tags. (v) Hook gear restrictions. (vi) Other restrictions and exemptions. (3) Exemptions Species exemption. (ii) Possession and net stowage requirements. (4) Addition or deletion of exemptions. (5) SNE Monkfish and Skate Trawl Exemption Area. (i) Requirements. (B) All trawl nets must comply with the minimum mesh size specified under § 648.91(c)(1)(i). (C) A vessel not operating under a multispecies DAS may fish for, possess on board, or land skates, provided: ( 1 ( 2 ( 3 (ii) [Reserved] (6) SNE Monkfish and Skate Gillnet Exemption Area. (i) Requirements. (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net. (C) All nets with a mesh size smaller than the minimum mesh size specified in paragraph (b)(6)(i)(B) of this section must be stowed and not available for immediate use as defined in § 648.2. (D) A vessel not operating under a NE multispecies DAS may fish for, possess on board, or land skates, provided: ( 1 ( 2 ( 3 (ii) [Reserved] (7) SNE Dogfish Gillnet Exemption Area. (i) Requirements. (B) All gillnets must have a minimum mesh size of 6-inch (15.2-cm) diamond mesh throughout the net. A vessel fishing under this exemption while on a monkfish-only DAS may not fish with, possess, haul, or deploy more than 50 roundfish gillnets, as defined in § 648.2. (C) Fishing is confined to May 1 through October 31. (ii) [Reserved] (8) SNE Mussel and Sea Urchin Dredge Exemption. (9) SNE Little Tunny Gillnet Exemption Area. (i) Requirements. (B) A vessel may possess bonito as an allowable incidental species. (C) The vessel must have a letter of authorization issued by the Regional Administrator on board. (D) All gillnets must have a minimum mesh size of 5.5-inch (14.0-cm) diamond mesh throughout the net. (E) All nets with a mesh size smaller than the minimum mesh size specified in paragraph (b)(9)(i)(D) of this section must be stowed and not available for immediate use as defined in § 648.2 while fishing under this exemption. (F) Fishing is confined to September 1 through October 31. (ii) The Regional Administrator shall conduct periodic sea sampling to evaluate the likelihood of gear interactions with protected resources. (10) SNE Exemption Area—Area definition. (i) Bounded on the east by straight lines connecting the following points in the order stated: Southern New England Exemption Area Point N. lat. W. long. G5 41°18.6′ 66°24.8′ G6 40°55.5′ 66°38′ G7 40°45.5′ 68°00′ G8 40°37′ 68°00′ G9 40°30.5′ 69°00′ NL3 40°22.7′ 69°00′ NL2 40°18.7′ 69°40′ NL1 40°50′ 69°40′ G11 40°50′ 70°00′ G12 70°00′ 1 1 (ii) Bounded on the west by a line running from the Rhode Island shoreline at 41°18.2′ N. lat. and 71°51.5′ W. long. (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race Point, Fishers Island, NY; and from Race Point, Fishers Island, NY; southeasterly to the intersection of the 3-nautical mile line east of Montauk Point; southwesterly along the 3-nautical mile line to the intersection of 72°30′ W. long.; and south along that line to the intersection of the outer boundary of the EEZ. (11) [Reserved] (12) SNE Skate Bait Trawl Exemption Area. (i) Area definition. SNE Skate Bait Trawl Exemption Area [July 1 through October 31] Point N. lat. W. long. SBT 1 Southeastern MA 71°00′ SBT 2 41°00′ 71°00′ SBT 3 41°00′ 72°05′ SBT 4 Southern CT 72°05′ (ii) Requirements. (B) Vessels must use trawl gear, as specified in § 648.80(b)(2)(i). (C) Vessels must possess an active skate bait letter of authorization issued by the Regional Administrator, as specified in § 648.322(c) and fish pursuant to the terms of authorization. (D) Fishing may only occur from July 1 through October 31 of each fishing year. (c) Mid-Atlantic (MA) Regulated Mesh Area Area definition. (2) Gear restrictions Vessels using trawls. (ii) Vessels using Scottish seine, midwater trawl, and purse seine. (iii) Large-mesh vessels. (iv) Hook gear restrictions. (v) Gillnet vessels. (A) Trip gillnet vessels. (B) Day gillnet vessels 1 Number of nets. ( 2 Net size requirement. ( 3 Tags. (C) Obtaining and replacing tags. (3) Net stowage exemption. (4) Addition or deletion of exemptions. (5) MA Exemption Area. (ii) Monkfish/Spiny Dogfish Exempted Gillnet Fishery. (A) Number of nets. (B) Minimum mesh size. (C) Possession limits. (iii) Atlantic chub mackerel fishery exemption. (A) Gear restrictions. (B) Possession limits. Illex (d) Midwater trawl gear exempted fishery. (1) Midwater trawl gear is used exclusively; (2) When fishing under this exemption in the GOM/GB Exemption Area, as defined in paragraph (a)(17) of this section, the vessel has on board a letter of authorization issued by the Regional Administrator, and complies with the following restrictions: (i) The vessel only fishes for, possesses, or lands Atlantic herring, blueback herring, or mackerel in areas north of 42°20′ N lat. and in the areas described in § 648.81(c)(3) and (4); and Atlantic herring, blueback herring, mackerel, or squid in all other areas south of 42°20′ N. lat.; and (ii) The vessel is issued a letter of authorization for a minimum of 7 days. The vessel can be issued LOAs for the midwater trawl exempted fishery and the purse seine exempted fishery at the same time. (3) The vessel carries an observer, if requested by the Regional Administrator; (4) The vessel does not fish for, possess or land NE. multispecies, except that a vessel issued a Category A or B Herring Permit and fishing on a declared herring trip, regardless of gear or area fished, or a vessel issued a Category C, D, or E Herring Permit and fishing with midwater trawl gear pursuant to paragraph (d) of this section, may possess and land haddock and other regulated multispecies consistent with the catch caps and possession restrictions in § 648.86(d). Such haddock or other regulated NE multispecies may not be sold, purchased, received, traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or transferred for, or intended for, human consumption. Haddock or other regulated NE multispecies that are separated out from the herring catch pursuant to § 648.15(d) may not be sold, purchased, received, traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or transferred for any purpose. A vessel issued a Category A or B Herring Permit fishing on a declared herring trip, regardless of gear or area fished, or a vessel issued a Category C, D, or E Herring Permit and fishing with midwater trawl gear pursuant to this paragraph (d), may not discard haddock that has been brought on the deck or pumped into the hold; (5) To fish for herring under this exemption, a vessel issued a Category A or B Herring Permit fishing on a declared herring trip, or a vessel issued a Category C, D, or E Herring Permit fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in § 648.200(f)(1) and (3), must provide notice of the following information to NMFS at least 48 hr prior to beginning any trip into these areas for the purposes of observer deployment: Vessel name; contact name for coordination of observer deployment; telephone number for contact; the date, time, and port of departure; and (6) A vessel issued a Category A or B Herring Permit fishing on a declared herring trip with midwater trawl gear, or a vessel issued a Category C or E Herring Permit and fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined at § 648.200(f)(1) and (3), must notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hours prior to landing or, if fishing ends less than 6 hours before landing, as soon as the vessel stops catching fish. The Regional Administrator may adjust the prior notification minimum time through publication of a document in the Federal Register (7) [Reserved] (e) Purse seine gear exempted fishery. (1) The vessel uses purse seine gear exclusively; (2) When fishing under this exemption in the GOM/GB Exemption Area, as defined in paragraph (a)(17) of this section, the vessel has on board a letter of authorization issued by the Regional Administrator and complies with the following: (i) The vessel only fishes for, possesses, or lands Atlantic herring, blueback herring, mackerel, or menhaden; and (ii) The vessel carries an observer, if requested by the Regional Administrator; (3) The vessel is issued a letter of authorization for a minimum of 7 days, and cancels it only as instructed by the Regional Administrator. The vessel can be issued LOAs for the midwater trawl exempted fishery and the purse seine exempted fishery at the same time; and (4) The vessel does not fish for, possess, or land NE multispecies, except that vessels that have a Category A or B Herring Permit fishing on a declared herring trip may possess and land haddock or other regulated species consistent with possession restrictions in § 648.86(d). Such haddock or other regulated multispecies may not be sold, purchased, received, traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or transferred for, or intended for, human consumption. Haddock or other regulated species that are separated out from the herring catch pursuant to § 648.15(d) may not be sold, purchased, received, traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or transferred for any purpose. A vessel issued a Category A or B Herring Permit may not discard haddock that has been brought on the deck or pumped into the hold; (5) To fish for herring under this exemption, vessels that have a Category A or B Herring Permit must provide notice to NMFS of the vessel name; contact name for coordination of observer deployment; telephone number for contact; and the date, time, and port of departure, at least 48 hr prior to beginning any trip into these areas for the purposes of observer deployment; and (6) All vessels that have a Category A or B Herring Permit must notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hours prior to landing or, if fishing ends less than 6 hours before landing, as soon as the vessel stops catching fish. The Regional Administrator may adjust the prior notification minimum time through publication of a document in the Federal Register (f) Mesh measurements Gillnets. (2) All other nets. (i) Square-mesh measurement. (ii) Diamond-mesh measurement. (g) Restrictions on gear and methods of fishing Net obstruction or constriction. (2) Net obstruction or constriction. (ii) A fishing vessel may not use a net capable of catching NE multispecies if the bars entering or exiting the knots twist around each other. (3) Pair trawl prohibition. (4) Brush-sweep trawl prohibition. (5) Net strengthener restrictions when fishing for or possessing small-mesh multispecies Nets of mesh size less than 2.5 inches (6.4 cm). (ii) Nets of mesh size equal to or greater than 2.5 inches (6.4 cm) but less than 3 inches (7.6 cm). (6) Gillnet requirements to reduce or prevent marine mammal takes Requirements for gillnet gear capable of catching NE multispecies to reduce harbor porpoise takes. (ii) Requirements for gillnet gear capable of catching NE multispecies to prevent large whale takes. (h) Scallop vessels Scallop DAS. (2) NE Multispecies DAS. (3) Scallop dredge exemption areas for general category scallop permits GOM Scallop Dredge Exemption Area. GOM Scallop Dredge Exemption Area Point N lat. W long. GOM1 43°58′ ( 1 GOM2 43°58′ 67°22′ GOM3 43°41′ 68°00′ GOM4 43°12′ 69°00′ GOM5 42°49.5′ 69°40′ GOM6 42°20′ 69°40′ GOM7 42°20′ ( 2 1 2 (ii) Georges Bank/Southern New England Scallop Dredge Exemption Area. (A) Area definition. GB/SNE Scallop Dredge Exemption Area Point N lat. W long. Note 1 The south-facing coastline of Long Island 72°30′ W From Point 1 to Point 2 following the coastline of Long Island. 2 41°00′ N The southeast-facing coast of Long Island From Point 2 to Point 3 following a straight line. 3 41°00′ N The 3 nautical mile line, approximately 71°51.841′ W long From Point 3 to Point 4 following the Submerged Lands Act (3 nautical mile) line. 4 41°4.25′ N The 3 nautical mile line, approximately 71°47.384′ W long From Point 4 to Point 5 following a straight line. 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 Massachusetts (B) [Reserved] (iii) Requirements. (B) The combined dredge width in use by, or in possession on board, vessels fishing in the Scallop Dredge Fishery Exemption Areas may not exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the dredge. (C) The exemption does not apply to the Cashes Ledge Closure Area or the Western GOM Area Closure specified in § 648.81(a)(3) and (4), respectively. (i) State waters winter flounder exemption. (1) The vessel has on board a certificate approved by the Regional Administrator and issued by the state agency authorizing the vessel's participation in the state's winter flounder fishing program and is in compliance with the applicable state laws pertaining to minimum mesh size for winter flounder. (2) Fishing is conducted exclusively in the waters of the state from which the certificate was obtained. (3) The state's winter flounder plan has been approved by the Commission as being in compliance with the Commission's winter flounder fishery management plan. (4) The state elects, by a letter to the Regional Administrator, to participate in the exemption program described by this section (for a particular fishing year). (5) The vessel does not enter or transit the EEZ. (6) The vessel does not enter or transit the waters of another state, unless such other state is participating in the exemption program described by this section and the vessel is enrolled in that state's program. (7) The vessel, when not fishing under the DAS program, does not fish for, possess, or land more than 500 lb (226.8 kg) of winter flounder, and has at least one standard tote on board. (8) The vessel does not fish for, possess, or land any species of fish other than winter flounder and the exempted small-mesh species specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of this section when fishing in the areas specified under paragraphs (a)(5), (a)(9), (b)(10), and (c)(5) of this section, respectively. Vessels fishing under this exemption in New York and Connecticut state waters and permitted to fish for skates may also possess and land skates in amounts not to exceed 10 percent, by weight, of all other species on board. [69 FR 22951, Apr. 27, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 648.81 NE multispecies year-round and seasonal closed areas. (a) Year-round groundfish closed areas Restrictions. (2) Exemptions. (i) Fishing with or using exempted gear as defined under this part, except for pelagic gillnet gear capable of catching NE multispecies, unless fishing with a single pelagic gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided that: (A) The net is attached to the boat and fished in the upper two-thirds of the water column; (B) The net is marked with the owner's name and vessel identification number; (C) No regulated species or ocean pout are retained; and (D) No other gear capable of catching NE multispecies is on board; (ii) Fishing in the Midwater Trawl Gear Exempted Fishery as specified in § 648.80(d); (iii) Fishing in the Purse Seine Gear Exempted Fishery as specified in § 648.80(e); (iv) Fishing under charter/party or recreational regulations specified in § 648.89, provided that: (A) A letter of authorization issued by the Regional Administrator is onboard the vessel, which is valid from the date of enrollment until the end of the fishing year; (B) No harvested or possessed fish species managed by the NEFMC or MAFMC are sold or intended for trade, barter or sale, regardless of where the fish are caught; (C) Only rod and reel or handline gear is on board the vessel; and (D) No NE multispecies DAS are used during the entire period for which the letter of authorization is valid. (3) Cashes Ledge Closure Area. Cashes Ledge Closure Area Point N lat. W long. CL1 43°07′ N 69°02′ W CL2 42°49.5′ N 68°46′ W CL3 42°46.5′ N 68°50.5′ W CL4 42°43.5′ N 68°58.5′ W CL5 42°42.5′ N 69°17.5′ W CL6 42°49.5′ N 69°26′ W CL1 43°07′ N 69°02′ W (4) Western Gulf of Maine Closure Area. Western Gulf of Maine Closure Area Point N latitude W longitude WGM1 43°15′ 70°15′ WGM2 42°15′ 70°15′ WGM3 42°15′ 70°00′ WGM4 43°15′ 70°00′ WGM1 43°15′ 70°15′ (5) Closed Area II Closure Area. 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 2 3 (ii) Unless otherwise restricted under the EFH Closure(s) specified in paragraph (h) of this section, paragraph (a)(5)(i) of this section does not apply to persons on fishing vessels or fishing vessels— (A) Fishing with gears as described in paragraph (a)(2) this section. (B) Fishing with tuna purse seine gear outside of the portion of Closed Area II known as the Habitat Area of Particular Concern, as described in § 648.370(g). (C) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the Eastern U.S./Canada Haddock SAP Program as specified in § 648.85(b)(3)(ii) or (b)(7)(ii), respectively. (D) Transiting the area, provided the vessel's fishing gear is stowed and not available for immediate use as defined in § 648.2; and ( 1 ( 2 (E) Fishing for scallops within the Closed Area II Access Area defined in § 648.59(c)(3), during the season specified in § 648.59(c)(4), and pursuant to the provisions specified in § 648.60. (b) Gulf of Maine spawning groundfish closures Restrictions. (2) Exemptions. (i) That has not been issued a NE multispecies permit that is fishing exclusively in state waters; (ii) That is fishing with or using exempted gear as defined under this part, excluding pelagic gillnet gear capable of catching NE multispecies, except for a vessel fishing with a single pelagic gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided: (A) The net is attached to the vessel and fished in the upper two-thirds of the water column; (B) The net is marked with the vessel owner's name and vessel identification number; (C) No regulated species or ocean pout are retained; and (D) No other gear capable of catching NE multispecies is on board; (iii) That is fishing as a charter/party or recreational fishing vessel, provided that: (A) With the exception of tuna, fish harvested or possessed by the vessel are not sold or intended for trade, barter, or sale, regardless of where the species are caught; (B) Any gear other than pelagic hook and line gear, as defined in this part, is properly stowed and not available for immediate use as defined in § 648.2; and (C) No regulated species or ocean pout are retained; and (iv) That is transiting pursuant to paragraph (e) of this section. (3) GOM Cod Spawning Protection Area. GOM Cod Spawning Protection Area Point N latitude W longitude CSPA1 42°50.95′ 70°32.22′ CSPA2 42°47.65′ 70°35.64′ CSPA3 42°54.91′ 70°41.88′ CSPA4 42°58.27′ 70°38.64′ CSPA1 42°50.95′ 70°32.22′ (4) Winter Massachusetts Bay Spawning Protection Area. Winter Massachusetts Bay Spawning Protection Area Point N latitude W longitude WSPA1 42° 23.61′ 70° 39.21′ WSPA2 42° 07.68′ 70° 26.79′ (5) Spring Massachusetts Bay Spawning Protection Area. 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 2 3 4 5 6 (ii) Unless otherwise restricted in this part, the Spring Massachusetts Bay Spawning Protection Area closure does not apply to a fishing vessel or person on a fishing vessel that meets the criteria in paragraphs (d)(5)(ii) through (vi) and (x) of this section (listed under the exemptions for the GOM Cod Protection Closures). This includes recreational vessels meeting the criteria specified in paragraphs (d)(5)(v)(A) through (D) of this section. (c) Georges Bank Spawning Groundfish Closures Restrictions. (2) Exemptions. (i) That is fishing with or using exempted gear as defined under this part, excluding pelagic gillnet gear capable of catching NE multispecies, except for vessels fishing with a single pelagic gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided: (A) The net is attached to the vessel and fished in the upper two-thirds of the water column; (B) The net is marked with the vessel owner's name and vessel identification number; (C) No regulated species or ocean pout are retained; and (D) No other gear capable of catching NE multispecies is on board. (ii) That is fishing for scallops consistent with the requirements of the scallop fishery management plan, including rotational access program requirements specified in § 648.59. (iii) That is fishing in the mid-water trawl exempted fishery. (iv) That is transiting pursuant to the requirements described in § 648.2. (3) Closed Area I North. Closed Area I—North Point N lat. W long. CIN1 41°30′ 69°23′ CIN2 41°30′ 68°30′ CIN3 41°26′ 68°30′ CIN4 41°04′ 69°01′ CIN1 41°30′ 69°23′ (4) Closed Area II. 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 2 3 (d) GOM Cod Protection Closures Restrictions. (2) Review of closure. MSY (3) Seasons. (ii) GOM Cod Protection Closure II is in effect from June 1 through June 30. (iii) GOM Cod Protection Closure III is in effect from November 1 through January 31. (iv) GOM Cod Protection Closure IV is in effect from October 1 through October 31. (v) GOM Cod Protection Closure V is in effect from March 1 through March 31. (4) GOM Cod Protection Closure Areas. (i) GOM Cod Protection Closure I. GOM Cod Protection Closure I [May 1-May 31] Point N latitude W longitude CPCI 1 43°30′ N ( 1 CPCI 2 43°30′ N 69°30′ W CPCI 3 43°00′ N 69°30′ W CPCI 4 43°00′ N 70°00′ W CPCI 5 42°30′ N 70°00′ W CPCI 6 42°30′ N 70°30′ W CPCI 7 42°20′ N 70°30′ W CPCI 8 42°20′ N ( 2 3 CPCI 1 43°30′ N ( 1 3 1 2 3 (ii) GOM Cod Protection Closure II. GOM Cod Protection Closure II [June 1-June 30] Point N latitude W longitude CPCII 1 ( 1 69°30′ W CPCII 2 43°30′ N 69°30′ W CPCII 3 43°30′ N 70°00′ W CPCII 4 42°30′ N 70°00′ W CPCII 5 42°30′ N 70°30′ W CPCII 6 42°20′ N 70°30′ W CPCII 7 42°20′ N ( 2 3 CPCII 8 42°30′ N ( (4) 3 CPCII 9 42°30′ N 70°30′ W CPCII 10 43°00′ N 70°30′ W CPCII 11 43°00′ N ( 5 6 CPCII 1 ( 1 69°30′ W ( 6 1 2 3 4 5 6 (iii) GOM Cod Protection Closure III. GOM Cod Protection Closure III [November 1-January 31] Point N latitude W longitude CPCIII 1 42°30′ N ( 1 CPCIII 2 42°30′ N 70°30′ W CPCIII 3 42°15′ N 70°30′ W CPCIII 4 42°15′ N 70°24′ W CPCIII 5 42°00′ N 70°24′ W CPCIII 6 42°00′ N ( 2 3 CPCIII 1 42°30′ N ( 1 3 1 2 3 (iv) GOM Cod Protection Closure IV. GOM Cod Protection Closure IV [October 1-October 31] Point N latitude W longitude CPCIV 1 42°30′ N ( 1 CPCIV 2 42°30′ N 70°00′ W CPCIV 3 42°00′ N 70°00′ W CPCIV 4 42°00′ N ( 2 3 CPCIV 1 42°30′ N ( 1 3 1 2 3 (v) GOM Cod Protection Closure V. GOM Cod Protection Closure V [March 1-March 31] Point N latitude W longitude CPCV 1 42°30′ N 70°00′ W CPCV 2 42°30′ N 68°30′ W CPCV 3 42°00′ N 68°30′ W CPCV 4 42°00′ N 70°00′ W CPCV 1 42°30′ N 70°00′ W (5) Exemptions. (i) No multispecies permit has been issued and the vessel is fishing exclusively in state waters; (ii) Fishing with or using exempted gear as defined under this part, except for pelagic gillnet gear capable of catching NE multispecies, unless fishing with a single pelagic gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided that: (A) The net is attached to the boat and fished in the upper two-thirds of the water column; (B) The net is marked with the owner's name and vessel identification number; (C) No regulated species are retained; and (D) No other gear capable of catching NE multispecies is on board; (iii) Fishing in the Midwater Trawl Gear Exempted Fishery as specified in § 648.80(d); (iv) Fishing in the Purse Seine Gear Exempted Fishery as specified in § 648.80(e); (v) Fishing under charter/party or recreational regulations specified in § 648.89, provided that: (A) A vessel fishing under charter/party regulations in a GOM cod protection closure described under paragraph (f)(4) of this section, has on board a letter of authorization issued by the Regional Administrator that is valid from the date of enrollment through the duration of the closure or 3 months duration, whichever is greater; (B) No harvested or possessed fish species managed by the NEFMC or MAFMC are sold or intended for trade, barter or sale, regardless of where the fish are caught; (C) Only rod and reel or handline gear is on board; and (D) No NE multispecies DAS are used during the entire period for which the letter of authorization is valid; (vi) Fishing with scallop dredge gear under a scallop DAS or when lawfully fishing in the Scallop Dredge Fishery Exemption Area as described in § 648.80(a)(11), provided the vessel does not retain any regulated NE multispecies during a trip, or on any part of a trip; (vii) Fishing in the Raised Footrope Trawl Exempted Whiting Fishery, as specified in § 648.80(a)(15), or in the Small Mesh Area II Exemption Area, as specified in § 648.80(a)(9); (viii) Fishing on a sector trip, as defined in this part, and in the GOM Cod Protection Closures IV or V, as specified in paragraphs (f)(4)(iv) and (v) of this section; or (ix) Fishing under the provisions of a Northeast multispecies Handgear A permit, as specified at § 648.82(b)(6), and in the GOM Cod Protection Closures IV or V, as specified in paragraphs (f)(4)(iv) and (v) of this section. (x) Transiting the area, provided it complies with the requirements specified in paragraph (e) of this section. (e) Transiting. (2) Private recreational or charter/party vessels fishing under the Northeast multispecies provisions specified at § 648.89 may transit the GOM Cod Spawning Protection Area, as defined in paragraph (b)(3) of this section, provided all bait and hooks are removed from fishing rods, and any regulated species on board have been caught outside the GOM Cod Spawning Protection Area and has been gutted and stored. (f) Restricted Gear Areas Restricted Gear Area Seasons. 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. (3) Restricted Gear Area I. 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 (*) 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. Point N latitude W longitude Note AA 40°02.75′ 70°16.10′ (*) EB 39°59.30′ 70°14.00′ (*) EC 39°58.85′ 70°15.20′ ED 39°59.30′ 70°18.40′ EE 39°58.10′ 70°19.40′ EF 39°57.00′ 70°19.85′ EG 39°57.55′ 70°21.25′ EH 39°57.50′ 70°22.80′ EI 39°57.10′ 70°25.40′ EJ 39°57.65′ 70°27.05′ EK 39°58.58′ 70°27.70′ EL 40°00.65′ 70°28.80′ EM 40°02.20′ 70°29.15′ EN 40°01.00′ 70°30.20′ EO 39°58.58′ 70°31.85′ EP 39°57.05′ 70°34.35′ EQ 39°56.42′ 70°36.80′ ER 39°58.15′ 70°48.00′ ES 39°58.30′ 70°51.10′ ET 39°58.10′ 70°52.25′ EU 39°58.05′ 70°53.55′ EV 39°58.40′ 70°59.60′ EW 39°59.80′ 71°01.05′ EX 39°58.20′ 71°05.85′ EY 39°57.45′ 71°12.15′ EZ 39°57.20′ 71°15.00′ FA 39°56.30′ 71°18.95′ FB 39°51.40′ 71°36.10′ FC 39°51.75′ 71°41.50′ FD 39°50.05′ 71°42.50′ FE 39°50.00′ 71°45.00′ FF 39°48.95′ 71°46.05′ FG 39°46.60′ 71°46.10′ FH 39°43.50′ 71°49.40′ FI 39°41.30′ 71°55.00′ FJ 39°39.00′ 71°55.60′ FK 39°36.72′ 71°58.25′ FL 39°35.15′ 71°58.55′ FM 39°34.50′ 72°00.75′ FN 39°32.20′ 72°02.25′ FO 39°32.15′ 72°04.10′ FP 39°28.50′ 72°06.50′ FQ 39°29.00′ 72°09.25′ FR 39°29.75′ 72°09.80′ (*) FS 39°32.65′ 72°06.10′ (*) FT 39°35.45′ 72°02.00′ (*) FU 39°41.15′ 71°57.10′ (*) FV 39°46.95′ 71°49.00′ (*) FW 39°53.10′ 71°42.70′ (*) FX 39°52.60′ 71°40.35′ (*) FY 39°53.10′ 71°36.10′ (*) FZ 39°57.50′ 71°20.60′ (*) GA 40°00.70′ 71°19.80′ (*) GB 39°59.30′ 71°18.40′ (*) GC 40°02.00′ 71°01.30′ (*) GD 40°00.50′ 70°57.60′ (*) GE 40°00.10′ 70°45.10′ (*) GF 39°58.90′ 70°38.65′ (*) GG 39°59.15′ 70°34.45′ (*) GH 40°00.55′ 70°32.10′ (*) GI 40°03.85′ 70°28.75′ (*) GJ 39°59.75′ 70°25.50′ (*) GK 39°59.80′ 70°21.75′ (*) GL 40°00.70′ 70°18.60′ (*) AA 40°02.75′ 70°16.10′ (*) (5) Restricted Gear Area III. 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 (*) (6) Restricted Gear Area IV. 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 (*) [83 FR 15266, Apr. 9, 2018, as amended at 83 FR 17313, Apr. 19, 2018; 84 FR 68799, Dec. 17, 2019; 85 FR 44221, July 22, 2020; 86 FR 62494, Nov. 10, 2021] § 648.82 Effort-control program for NE multispecies vessels. (a) Limited access NE multispecies vessels. (1) End-of-year carry-over. e.g., (2) Notwithstanding any other provision of this part, any vessel issued a NE multispecies limited access permit may not call into the DAS program and fish under a DAS, fish on a sector trip, or fish under the provisions of a limited access Small Vessel Category or Handgear A permits pursuant to paragraphs (b)(5) and (6) of this section, respectively, if such vessel carries passengers for hire for any portion of a fishing trip. (b) Limited access permit categories. 2 (1) Individual DAS category. (2) Hook Gear category. (3) Combination vessel category. (4) Large Mesh Individual DAS category. (5) Small Vessel category. 2 (i) The vessel is 30 ft (9.1 m) or less in length overall, as determined by measuring along a horizontal line drawn from a perpendicular raised from the outside of the most forward portion of the stem of the vessel to a perpendicular raised from the after most portion of the stern. (ii) If construction of the vessel was begun after May 1, 1994, the vessel must be constructed such that the quotient of the length overall divided by the beam is not less than 2.5. (iii) Acceptable verification for vessels 20 ft (6.1 m) or less in length shall be U.S. Coast Guard documentation or State registration papers. For vessels over 20 ft (6.1 m) in length overall, the measurement of length must be verified in writing by a qualified marine surveyor, or the builder, based on the vessel's construction plans, or by other means determined acceptable by the Regional Administrator. A copy of the verification must accompany an application for a NE multispecies permit. (iv) Adjustments to the Small Vessel category requirements, including changes to the length requirement, if required to meet fishing mortality goals, may be made by the Regional Administrator following framework procedures of § 648.90. (6) Handgear A category. (i) The vessel must not use or possess on board gear other than handgear while in possession of, fishing for, or landing NE multispecies; and (ii) Tub-trawls must be hand-hauled only, with a maximum of 250 hooks. (c) Used DAS baseline Calculation of used DAS baseline. (i) Except as provided in paragraphs (c)(1)(ii) through (iv) of this section, the vessel's used DAS baseline shall be determined by calculating DAS use reported under the DAS notification requirements in § 648.10. (ii) For a vessel exempt from, or not subject to, the DAS notification system specified in § 648.10 during the period May 1996 through June 1996, the vessel's used DAS baseline for that period will be determined by calculating DAS use from vessel trip reports submitted to NMFS prior to April 9, 2003. (iii) For a vessel enrolled in a Large Mesh DAS category, as specified in paragraph (b)(4) of this section, the calculation of the vessel's used DAS baseline may not include any DAS allocated or used by the vessel pursuant to the provisions of the Large Mesh DAS category. (2) [Reserved] (d) DAS categories and allocations. (1) Category A DAS. (i) For the 2004 and 2005 fishing years, Category A DAS are defined as 60 percent of the vessel's used DAS baseline specified under paragraph (c)(1) of this section. (ii) For the 2006 through 2008 fishing years, Category A DAS are defined as 55 percent of the vessel's used DAS baseline specified under paragraph (c)(1) of this section. (iii) For fishing year 2009 (May 1, 2009, through April 30, 2010), Category A DAS are defined as 45 percent of the vessel's used DAS baseline specified in paragraph (c)(1) of this section. (iv) Starting in fishing year 2010 (beginning May 1, 2010), Category A DAS are defined as follows: (A) For a vessel fishing under the provisions of the common pool, as defined in this part, Category A DAS are defined as 27.5 percent of the vessel's used DAS baseline specified in paragraph (c)(1) of this section, unless otherwise reduced pursuant to § 648.87(b)(1)(iii). (B) For a sector vessel, Category A DAS allocated for use when fishing in other fisheries that require the concurrent use of a NE multispecies DAS are defined as 45 percent of the vessel's used DAS baseline specified in paragraph (c)(1) of this section. (2) Category B DAS. (i) Regular B DAS Restrictions on use. (B) Calculation. ( 1 ( 2 ( 3 ( 4 ( i ( ii (ii) Reserve B DAS Restrictions on use. (B) Calculation. ( 1 ( 2 ( 3 ( 4 ( i ( ii (3) Category C DAS Restriction on use. (ii) Calculation. (e) Accrual of DAS. (i) Common pool vessels. (ii) Sector vessels. (2) [Reserved] (3) Regular B DAS Program 24-hr clock. (f) DAS credits Good Samaritan credit. (2) Canceled trip DAS credit. (i) There is no fish onboard the vessel and no fishing operations on the vessel were initiated, including setting and/or hauling fishing gear; and (ii) The owner or operator of the vessel fishing under a DAS program and required to use a VMS as specified under § 648.10(b) makes an initial trip cancelation notification from sea, at the time the trip was canceled, or at the earliest opportunity prior to crossing the demarcation line as defined at § 648.10(a). These reports are in the form of an email to NMFS Office of Law Enforcement and include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement from the operator must that no fish were onboard and no fishing activity occurred; and (iii) The owner or operator of the vessel operating under the DAS program required to use the IVR call in as specified under § 648.10(h) makes an initial trip cancelation notification to NMFS by calling the IVR back at the time the trip was canceled, or at the earliest opportunity prior to returning to port. This request must include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement from the operator that no fish were onboard and no fishing activity occurred; and (iv) The owner or operator of the vessel requesting a canceled trip DAS credit, in addition to the requirements in paragraphs (f)(2)(ii) and (iii) of this section, submits a written DAS credit request form to NMFS within 30 days of the vessel's return to port from the canceled trip. This application must include at least the following information: Date and time when the vessel canceled the fishing trip; date and time of trip departure and landing; operator name; owner/corporation name; permit number; hull identification number; vessel name; date and time notification requirements specified under paragraphs (f)(2)(ii) and (iii) of this section were made; reason for canceling the trip; and owner/operator signature and date; and (v) The vessel trip report for the canceled trip as required under § 648.7(b) is submitted along with the DAS credit request form; and (vi) For DAS credits that are requested near the end of the fishing year as defined at § 648.2, and approved by the Regional Administrator, the credited DAS apply to the fishing year in which the canceled trip occurred. Credited DAS that remain unused at the end of the fishing year or are not credited until the following fishing year may be carried over into the next fishing year, not to exceed the maximum number of carryover DAS as specified under paragraph (a)(1) of this section. (3) DAS credit for standing by entangled whales. (i) At the time the vessel begins standing by the entangled whale, the vessel operator must notify the USCG and the Center for Coastal Studies, or another organization authorized by the Regional Administrator, of the location of the entangled whale and that the vessel is going to stand by the entangled whale until the arrival of an authorized response team; (ii) Only one vessel at a time may receive credit for standing by an entangled whale. A vessel standing by an entangled whale may transfer its stand-by status to another vessel while waiting for an authorized response team to arrive, provided it notifies the USCG and the Center for Coastal Studies, or another organization authorized by the Regional Administrator, of the transfer. The vessel to which stand-by status is transferred must also notify the USCG and the Center for Coastal Studies or another organization authorized by the Regional Administrator of this transfer and comply with the conditions and restrictions of this part; (iii) The stand-by vessel must be available to answer questions on the condition of the animal, possible species identification, severity of entanglement, etc., and take photographs of the whale, if possible, regardless of the species of whale or whether the whale is alive or dead, during its stand-by status and after terminating its stand-by status. The stand-by vessel must remain on scene until the USCG or an authorized response team arrives, or the vessel is informed that an authorized response team will not arrive. If the vessel receives notice that a response team is not available, the vessel may discontinue standing-by the entangled whale and continue fishing operations; and (iv) To receive credit for standing by an entangled whale, a vessel must submit a written request to the Regional Administrator. This request must include at least the following information: Date and time when the vessel began its stand-by status; date of first communication with the USCG; and date and time when the vessel terminated its stand-by status. DAS credit shall not be granted for the time a vessel fishes when standing by an entangled whale. Upon a review of the request, NMFS shall consider granting the DAS credit based on information available at the time of the request, regardless of whether an authorized response team arrives on scene or a rescue is attempted. NMFS shall notify the permit holder of any DAS adjustment that is made or explain the reasons why an adjustment will not be made. (g) Spawning season restrictions i.e., (h) Declaring DAS and blocks of time out. (i) [Reserved] (j) Gillnet restrictions. (1) Day gillnet vessels. (i) Removal of gear. (ii) Declaration of time out of the gillnet fishery. (B) Any such vessel shall declare its required time periods through the notification procedures specified in § 648.10(j)(2). (C) During each period of time declared out, any such vessel is prohibited from fishing with non-exempted gillnet gear and must remove such gear from the water. However, the vessel may fish in an exempted fishery, as described in § 648.80, or it may fish under a NE multispecies DAS, under the provisions of the small vessel category permit, or on a sector trip, provided it fishes with gear other than non-exempted gillnet gear. (iii) Method of counting DAS. (A) A Day gillnet vessel fishing with gillnet gear that has elected to fish in the Regular B DAS Program, as specified in § 648.85(b)(6), under a Category B DAS, is subject to the DAS accrual provisions of paragraph (e)(1)(i) of this section. (B) A Day gillnet vessel fishing with gillnet gear under a NE multispecies Category A DAS shall accrue DAS as follows: ( 1 ( 2 (2) Trip gillnet vessels. (k) NE Multispecies DAS Leasing Program Program description. (2) Eligible vessels. (ii) Subject to the conditions and requirements of this part, DAS associated with a confirmation of permit history may be leased to another vessel without placing the permit on an active vessel. (3) Application to lease NE multispecies DAS Application information requirements. (ii) Approval of lease application. (iii) Denial of lease application. (4) Conditions and restrictions on leased DAS Confirmation of permit history. (ii) Sub-leasing. (iii) Carry-over of leased DAS. (iv) [Reserved] (v) History of leased DAS use. (vi) Monkfish Category C, D, F, G and H vessels. (vii) DAS Category restriction. (viii) Duration of lease. (ix) Size restriction of Lessee vessel. (x) Leasing by vessels fishing under a sector allocation. (xi) One-time downgrade of DAS Leasing Program baseline. (A) Application for a one-time DAS Leasing Program baseline downgrade. (B) Applicability of the one-time DAS Leasing Program baseline downgrade. (C) Duration of the one-time DAS Leasing Program baseline downgrade. ( 1 Vessel replacement. ( 2 DAS Transfer Program. (l) DAS Transfer program. (1) DAS transfer conditions and restrictions. (ii) NE multispecies DAS may be transferred only to a vessel with a baseline main engine horsepower rating that is no more than 20 percent greater than the baseline engine horsepower of the transferor vessel. NE multispecies DAS may be transferred only to a vessel with a baseline length overall that is no more than 10 percent greater than the baseline length overall of the transferor vessel. For the purposes of this program, the baseline horsepower and length overall are those associated with the permit as of January 29, 2004. Upon approval of the transfer, the baseline of the transferee vessel would be the smaller baseline of the two vessels or the vessel owner could choose to adopt the larger baseline of the two vessels provided such an upgrade is consistent with provisions of this paragraph (l)(1)(ii). A vessel that has executed a one-time downgrade of a DAS Leasing Program baseline in accordance with paragraph (k)(4)(xi) of this section is subject to the restrictions of paragraph (k)(4)(xi)(C) of this section. (iii) The transferor vessel must transfer all of its Federal limited access permits for which it is eligible to the transferee vessel in accordance with the vessel replacement restrictions under § 648.4, or permanently cancel such permits. When duplicate permits exist, i.e., (iv) [Reserved] (v) In any particular fishing year, a vessel may not execute a DAS transfer as a transferor if it previously participated in the DAS Leasing Program as either a lessee or a lessor, as described under paragraph (k) of this section. A vessel may participate in DAS lease transaction (as a lessee or a lessor) and submit an application for a DAS transfer (as a transferor) during the same fishing year, but the transfer, if approved, would not be effective until the beginning of the following fishing year. Other combinations of activities under the DAS Leasing and DAS Transfer programs are permissible during the same fishing year (i.e., act as a transferee, or act as transferor and subsequently conduct a DAS lease). (vi) Confirmation of permit history. (vii) Transfer by sector vessels. (viii) Unless otherwise restricted by this part, a vessel with a NE multispecies limited access Category D permit may transfer DAS only to a vessel with a NE multispecies limited access Category D permit, but may receive transferred DAS from any eligible NE multispecies vessel. (2) Application to transfer DAS. (i) Application information requirements. (ii) Approval of transfer application. (iii) Denial of transfer application. (m) Multispecies open access permit restrictions Handgear B permit. (i) The vessel may not use or possess on board gear other than handgear while in possession of, fishing for, or landing NE multispecies, and must have at least one standard tote on board; (ii) The vessel may not fish for, possess, or land regulated species from March 1 through March 20 of each year as described in paragraph (g) of this section; and (iii) The vessel, if fishing with tub-trawl gear, may not fish with more than a maximum of 250 hooks. (2) Charter/party permit. (3) Scallop NE multispecies possession limit permit. (4) Non-regulated NE multispecies permit. (n) NE multispecies common pool accountability measure (AM). (1) [Reserved] (2) Trimester TAC AM. (i) Trimester TACs Trimester TAC distribution. i.e., Table 1 to Paragraph ( n i Stock Trimester 1 Trimester 2 Trimester 3 EGOM cod 80 10 10 WGOM cod 55 22 23 GB cod 33 33 34 SNE Cod 36 31 33 GB haddock 27 33 40 GOM haddock 27 26 47 GB yellowtail flounder 19 30 51 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. e.g., (ii) Stock area closures. Federal Register, (A) EGOM Cod Trimester TAC Area. Table 2 to Paragraph (n)(2)(ii) Point N latitude W longitude EGOM1 44°23′58″ 67°57′35″ EGOM2 44°10′ 67°50′ EGOM3 44°00′ 67°50′ EGOM4 44°00′ 67°40′ EGOM5 43°20′ 67°40′ EGOM6 43°20′ 69°00′ EGOM7 43°40′ 69°00′ EGOM8 43°40′ 69°20′ (B) WGOM Cod Trimester TAC Area. Table 3 to Paragraph (n)(2)(ii) Point N latitude W longitude WGOM1 ( 1 69°20′ WGOM2 43°40′ 69°20′ WGOM3 43°40′ 69°00′ WGOM4 43°10′ 69°00′ WGOM5 43°10′ 69°10′ WGOM6 43°00′ 69°10′ WGOM7 43°00′ 69°20′ WGOM8 42°50′ 69°20′ WGOM9 42°50′ 69°40′ WGOM10 42°20′ 69°40′ WGOM11 42°20′ 68°50′ WGOM12 41°00′ 68°50′ WGOM13 41°00′ 69°30′ WGOM14 41°10′ 69°30′ WGOM15 41°10′ 69°50′ WGOM16 41°20′ 69°50′ WGOM17 ( 2 70°00′ WGOM18 ( 3 70°00′ 1 2 3 (C) GB Cod Trimester TAC Area. Table 4 to Paragraph (n)(2)(ii) Point N latitude W longitude GB1 42°20′ 68°50′ GB2 42°20′ ( 1 GB3 41°50′ ( 1 GB4 41°50′ 67°40′ GB5 41°20′ 67°40′ GB6 41°20′ 68°10′ GB7 41°10′ 68°10′ GB8 41°10′ 68°20′ GB9 41°00′ 68°20′ GB10 41°00′ 68°50′ GB1 42°20′ 68°50′ 1 (D) SNE Cod Trimester TAC Area. Table 5 to Paragraph (n)(2)(ii) Point N latitude W longitude SNE1 ( 1 71°10′ SNE2 41°20′ 71°10′ SNE3 41°20′ ( 2 SNE4 ( 3 70°00′ SNE5 39°50′ 70°00′ SNE6 39°50′ 71°40′ SNE7 40°00′ 71°40′ SNE8 40°00′ 73°00′ SNE9 ( 4 73°00′ SNE10 41°00′ ( 5 SNE11 41°00′ 71°40′ SNE12 ( 1 71°40′ 1 2 3 4 5 (E) GB Haddock Trimester TAC Area. GB Haddock Trimester TAC Area Point N. latitude W. longitude GB1 42°20′ 70°00′ GB2 42°20′ ( 1 GB3 40°30′ ( 1 GB4 40°30′ 66°40′ GB5 39°50′ 66°40′ GB6 39°50′ 68°50′ GB7 41°00′ 68°50′ GB8 41°00′ 69°30′ GB9 41°10′ 69°30′ GB10 41°10′ 69°50′ GB11 41°20′ 69°50′ GB12 41°20′ ( 2 GB13 ( 3 70°00′ GB14 ( 4 70°00′ GB15 ( 5 70°00′ GB1 42°20′ 70°00′ 1 2 3 4 5 (F) GOM Haddock Trimester TAC Area. GOM Haddock Trimester TAC Area Point N. latitude W. longitude GOM1 ( 1 69°20′ GOM2 43°40′ 69°20′ GOM3 43°40′ 69°00′ GOM4 43°20′ 69°00′ GOM5 43°20′ 67°40′ GOM6 ( 2 67°40′ GOM7 42°53.1′ 67°44.4′ GOM8 ( 2 67°40′ GOM9 42°20′ 67°40′ GOM10 42°20′ 70°00′ GOM12 ( 3 70°00′ 1 2 3 (G) GB Yellowtail Flounder Trimester TAC Area. GB Yellowtail Flounder Trimester TAC Area Point N. latitude W. longitude GB1 42°20′ 68°50′ GB2 42°20′ ( 1 GB3 40°30′ ( 1 GB4 40°30′ 66°40′ GB5 39°50′ 66°40′ GB6 39°50′ 68°50′ GB1 42°20′ 68°50′ 1 (H) SNE/MA Yellowtail Flounder Trimester TAC Area. SNE/MA Yellowtail Flounder Trimester TAC Area Point N. latitude W. longitude SNEMA1 ( 1 70°00′ SNEMA2 ( 2 70°00′ SNEMA3 ( 3 70°00′ SNEMA4 39°50′ 70°00′ SNEMA5 39°50′ 71°40′ SNEMA6 40°00′ 71°40′ SNEMA7 40°00′ 73°00′ SNEMA8 ( 4 73°00′ SNEMA9 41°00′ ( 5 SNEMA10 41°00′ 71°40′ SNEMA11 ( 6 71°40′ 1 2 3 4 5 6 (I) CC/GOM Yellowtail Flounder Trimester TAC Area. CC/GOM Yellowtail Flounder Trimester TAC Area Point N. latitude W. longitude CCGOM1 42°50' ( 1 CCGOM2 42°50′ 69°40′ CCGOM3 42°20′ 69°40′ CCGOM4 42°20′ 68°50′ CCGOM5 41°00′ 68°50′ CCGOM6 41°00′ 69°30′ CCGOM7 41°10′ 69°30′ CCGOM8 41°10′ 69°50′ CCGOM9 41°20′ 69°50′ CCGOM10 41°20′ ( 2 CCGOM11 ( 3 70°00′ CCGOM12 ( 4 70°00′ 1 2 3 4 (J) American Plaice Trimester TAC Area. American Plaice Trimester TAC Area Point N. Latitude W. Longitude 1 ( 1 68°00′ 2 44°10′ 67°50′ 3 44°00′ 67°50′ 4 44°00′ 67°40′ 5 ( 2 67°40′ 6 42°53.1′ 67°44.4′ 7 ( 2 67°40′ 8 41°10′ 67°40′ 9 41°10′ 67°10′ 10 41°00′ 67°10′ 11 41°00′ 67°00′ 12 40°50′ 67°00′ 13 40°50′ 66°50′ 14 40°40′ 66°50′ 15 40°40′ 66°40′ 16 39°50′ 66°40′ 17 39°50′ 68°50′ 18 41°00′ 68°50′ 19 41°00′ 69°30′ 20 41°10′ 69°30′ 21 41°10′ 69°50′ 22 41°20′ 69°50′ 23 41°20′ ( 3 24 ( 4 70°00′ 25 ( 5 70°00′ 1 2 3 4 5 (K) Witch Flounder Trimester TAC Area. Witch Flounder Trimester TAC Area Point N. Latitude W. Longitude 1 ( 1 68°00′ 2 44°10′ 67°50′ 3 44°00′ 67°50′ 4 44°00′ 67°40′ 5 ( 2 67°40′ 6 42°53.1′ 67°44.4′ 7 ( 2 67°40′ 8 41°10′ 67°40′ 9 41°10′ 67°10′ 10 41°00′ 67°10′ 11 41°00′ 67°00′ 12 40°50′ 67°00′ 13 40°50′ 66°50′ 14 40°40′ 66°50′ 15 40°40′ 66°40′ 16 39°50′ 66°40′ 17 39°50′ 68°50′ 18 41°00′ 68°50′ 19 41°00′ 69°30′ 20 41°10′ 69°30′ 21 41°10′ 69°50′ 22 41°20′ 69°50′ 23 41°20′ ( 3 24 ( 4 70°00′ 25 ( 5 70°00′ 1 2 3 4 5 (L) GB Winter Flounder Trimester TAC Area. GB Winter Flounder Trimester TAC Area Point N. Latitude W. Longitude 1 42°20′ 68°50′ 2 42°20′ ( 1 3 40°30′ ( 1 4 40°30′ 66°40′ 5 39°50′ 66°40′ 6 39°50′ 68°50′ 1 (M) GOM Winter Flounder Trimester TAC Area. GOM Winter Flounder Trimester TAC Area Point N. latitude W. longitude GOM1 42°50′ ( 1 GOM2 42°50′ 69°40′ GOM3 42°20′ 69°40′ GOM4 42°20′ 70°00′ GOM5 ( 2 70°00′ 1 2 (N) Redfish Trimester TAC Area. Redfish Trimester TAC Area Point N. latitude W. longitude RF1 ( 1 69°20′ RF2 43°40′ 69°20′ RF3 43°40′ 69°00′ RF4 43°20′ 69°00′ RF5 43°20′ 67°40′ RF6 ( 2 67°40′ RF7 42°53.1′ 67°44.4′ RF8 ( 2 67°40′ RF9 41°20′ 67°40′ RF10 41°20′ 68°10′ RF11 41°10′ 68°10′ RF12 41°10′ 68°20′ RF13 41°00′ 68°20′ RF14 41°00′ 69°30′ RF15 41°10′ 69°30′ RF16 41°10′ 69°50′ RF17 41°20′ 69°50′ RF18 41°20′ ( 3 RF19 ( 4 70°00′ RF20 ( 5 70°00′ 1 2 3 4 5 (O) White Hake Trimester TAC Area. White Hake Trimester TAC Area Point N. Latitude W. Longitude 1 ( 1 69°20′ 2 43°40′ 69°20′ 3 43°40′ 69°00′ 4 43°20′ 69°00′ 5 43°20′ 67°40′ 6 ( 2 67°40′ 7 42°53.1′ 67°44.4′ 8 ( 2 67°40′ 9 41°20′ 67°40′ 10 41°20′ 68°10′ 11 41°10′ 68°10′ 12 41°10′ 68°20′ 13 41°00′ 68°20′ 14 41°00′ 69°30′ 15 41°10′ 69°30′ 16 41°10′ 69°50′ 17 41°20′ 69°50′ 18 41°20′ ( 3 19 ( 4 70°00′ 20 ( 5 70°00′ 1 2 3 4 5 (P) Pollock Trimester TAC Area. Pollock Trimester TAC Area Point N. latitude W. longitude RF1 ( 1 69°20′ RF2 43°40′ 69°20′ RF3 43°40′ 69°00′ RF4 43°20′ 69°00′ RF5 43°20′ 67°40′ RF6 ( 2 67°40′ RF7 42°53.1′ 67°44.4′ RF8 ( 2 67°40′ RF9 41°20′ 67°40′ RF10 41°20′ 68°10′ RF11 41°10′ 68°10′ RF12 41°10′ 68°20′ RF13 41°00′ 68°20′ RF14 41°00′ 69°30′ RF15 41°10′ 69°30′ RF16 41°10′ 69°50′ RF17 41°20′ 69°50′ RF18 41°20′ ( 3 RF19 ( 4 70°00′ RF20 ( 5 70°00′ 1 2 3 4 5 (iii) Trimester TAC overage/underage. (iv) [Reserved] (v) Adjustments to trimester TACs. (vi) Trip limit adjustment. (vii) SNE/MA winter flounder AM. 3 SNE/MA Winter Flounder Trawl Gear AM Area 1 Point N. Latitude W. Longitude 1 41°10′ 71°40′ 1 2 41°10′ 71°20′ 3 41°00′ 71°20′ 4 41°00′ 71°40′ 1 SNE/MA Winter Flounder Trawl Gear AM Area 2 Point N. Latitude W. Longitude 1 41°20′ 70°30′ 2 41°20′ 70°20′ 3 41°00′ 70°20′ 4 41°00′ 70°30′ SNE/MA Winter Flounder Trawl Gear AM Area 3 Point N. Latitude W. Longitude 1 41°20′ 69°20′ 2 41°20′ 69°10′ 3 41°10′ 69°10′ 4 41°10' 69°20' SNE/MA Winter Flounder Trawl Gear AM Area 4 Point N. Latitude W. Longitude 1 41°20′ 69°20′ 2 41°20′ ( 1 3 ( 1 69°00′ 4 41°00′ 69°00′ 5 41°00′ 69°10′ 6 41°10′ 69°10′ 7 41°10′ 69°20′ ( 1 [69 FR 22969, Apr. 27, 2004] Editorial Notes: 1. For Federal Register www.govinfo.gov. 2. At 75 FR 18319, Apr. 9, 2010, in § 648.82, paragraph (e)(1)(ii) was revised, however no (e)(1)(ii) existed, so it could not be revised. § 648.83 Multispecies minimum fish sizes. (a) Minimum fish sizes. Table 1 to Paragraph ( a Species Size in inches Cod 19 (48.3 cm). Haddock 16 (40.6 cm). Pollock 19 (48.3 cm). Witch flounder (gray sole) 13 (33 cm). Yellowtail flounder 12 (30.5 cm). American plaice (dab) 12 (30.5 cm). Atlantic halibut 41 (104.1 cm). Winter flounder (blackback) 12 (30.5 cm). Redfish 7 (17.8 cm). (2) The minimum fish size applies to whole fish or to any part of a fish while possessed on board a vessel, except as provided in paragraph (b) of this section, and to whole, whole-gutted or gilled fish only, after landing. For purposes of determining compliance with the possession limits in § 648.86, the weight of fillets and parts of fish, other than whole-gutted or gilled fish, will be multiplied by 3. Fish fillets, or parts of fish, must have skin on while possessed on board a vessel and at the time of landing in order to meet minimum size requirements. “Skin on” means the entire portion of the skin normally attached to the portion of the fish or to fish parts possessed is still attached. (b) Exceptions. (2) Recreational, party, and charter vessels may possess fillets less than the minimum size specified, if the fillets are taken from legal-sized fish and are not offered or intended for sale, trade or barter. (3) Vessels fishing exclusively with pot gear may possess NE multispecies frames used, or to be used, as bait, that measure less than the minimum fish size, if there is a receipt for purchase of those frames on board the vessel. (4) Vessels that have a Category A or B Herring Permit may possess and land haddock and other regulated species that are smaller than the minimum size specified under § 648.83, consistent with the bycatch caps specified in § 648.86(d). Such fish may not be sold for human consumption. (c) Adjustments. (2) Upon determination of the appropriate minimum sizes, the NEFMC shall propose the minimum fish sizes to be implemented following the procedures specified in § 648.90. (3) Additional adjustments or changes to the minimum fish sizes specified in paragraph (a) of this section, and exemptions specified in paragraph (b) of this section, may be made at any time after implementation of the final rule as specified under § 648.90. [69 FR 22974, Apr. 27, 2004, as amended at 71 FR 46876, Aug. 15, 2006; 72 FR 11276, Mar. 12, 2007; 75 FR 18328, Apr. 9, 2010; 76 FR 42585, July 19, 2011; 78 FR 26158, May 3, 2013; 85 FR 26885, May 6, 2020; 87 FR 75886, Dec. 9, 2022; 91 FR 11171, Mar. 9, 2026] § 648.84 Gear-marking requirements and gear restrictions. (a) Bottom-tending fixed gear, including, but not limited to, gillnets and longlines designed for, capable of, or fishing for NE multispecies or monkfish, must have the name of the owner or vessel or the official number of that vessel permanently affixed to any buoys, gillnets, longlines, or other appropriate gear so that the name of the owner or vessel or the official number of the vessel is visible on the surface of the water. (b) Bottom-tending fixed gear, including, but not limited to gillnets or longline gear, must be marked so that the westernmost end (measuring the half compass circle from magnetic south through west to, and including, north) of the gear displays a standard 12-inch (30.5-cm) tetrahedral corner radar reflector and a pennant positioned on a staff at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the half compass circle from magnetic north through east to, and including, south) of the gear need display only the standard 12-inch (30.5-cm) tetrahedral radar reflector positioned in the same way. (c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) between the end buoys. (d) In the GOM and GB regulated mesh area specified in § 648.80(a), gillnet gear set in an irregular pattern or in any way that deviates more than 30° from the original course of the set must be marked at the extremity of the deviation with an additional marker, which must display two or more visible streamers and may either be attached to or independent of the gear. (e) Rope separator trawl. (1) Mesh size. (2) Separator panel. 1/3 2/3 1/3 1/6 (3) Escape opening. (f) Large-mesh belly panel trawl. i.e., (1) Mesh size. (2) Large-mesh belly panel. i.e., (3) Determining panel width example. [69 FR 22974, Apr. 27, 2004, as amended at 78 FR 26158, May 3, 2013; 85 FR 13073, Mar. 6, 2020] § 648.85 Special management programs. (a) U.S./Canada Resource Sharing Understanding. (1) U.S./Canada Management Areas. (i) Western U.S./Canada Area. Western U.S./Canada Area Point N. lat. W. long. USCA 1 42°20′ 68°50′ USCA 2 39°50′ 68°50′ USCA 3 39°50′ 66°40′ USCA 4 40°40′ 66°40′ USCA 5 40°40′ 66°50′ USCA 6 40°50′ 66°50′ USCA 7 40°50′ 67°00′ USCA 8 41°00′ 67°00′ USCA 9 41°00′ 67°20′ USCA 10 41°10′ 67°20′ USCA 11 41°10′ 67°40′ USCA 12 42°20′ 67°40′ USCA 1 42°20′ 68°50′ (ii) Eastern U.S./Canada Area. Eastern U.S./Canada Area Point N. latitude W. longitude USCA 12 42°20′ 67°40′ USCA 11 41°10′ 67°40′ USCA 10 41°10′ 67°20′ USCA 9 41°00′ 67°20′ USCA 8 41°00′ 67°00′ USCA 7 40°50′ 67°00′ USCA 6 40°50′ 66°50′ USCA 5 40°40′ 66°50′ USCA 4 40°40′ 66°40′ USCA 15 40°30′ 66°40′ USCA 14 40°30′ 65°44.3′ USCA 13 42°20′ 67°18.4′ USCA 12 42°20′ 67°40′ (2) TAC allocation Process for establishing TACs. (A) To the extent practicable, by June 30 of each year, the Terms of Reference for the U.S./Canada shared resources for GB cod, haddock, and yellowtail flounder shall be established by the Steering Committee and the Transboundary Management Guidance Committee (TMGC). (B) To the extent practicable, by July 31 of each year, a Transboundary Resource Assessment Committee (TRAC) joint assessment of the U.S./Canada shared resources for GB cod, haddock and yellowtail flounder shall occur. (C) To the extent practicable, by August 31 of each year, the TMGC shall recommend TACs for the U.S./Canada shared resources for GB cod, haddock, and yellowtail flounder. Prior to October 31 of each year, the Council may refer any or all recommended TACs back to the TMGC and request changes to any or all TACs. The TMGC shall consider such recommendations and respond to the Council prior to October 31. (D) To the extent practicable, by October 31 of each year, the Council shall review the TMGC recommended TACs for the U.S. portion of the U.S./Canada Management Area resources for GB cod, haddock, and yellowtail flounder. Based on the TMGC recommendations, the Council shall recommend to the Regional Administrator the U.S. TACs for the shared stocks for the subsequent fishing year as a subset of the ACLs for these stocks available to the commercial fishery pursuant to § 648.90(a)(4). NMFS shall review the Council's recommendations and shall publish the proposed TACs in the Federal Register Federal Register. (ii) TAC Overages. (iii) Distribution of TACs. (iv) Inseason TAC Adjustments. (3) Requirements for vessels in U.S./Canada Management Areas. (i) VMS requirement. (ii) Declaration. (A) A common pool vessel fishing under a NE multispecies DAS in the Eastern U.S./Canada Area may fish both inside and outside of the Eastern U.S./Canada Area on the same trip, provided it complies with the most restrictive DAS counting requirements specified in § 648.10(e)(5), trip limits, and reporting requirements for the areas fished for the entire trip, and the restrictions specified in paragraphs (a)(3)(ii)(A)( 1 4 1 3 ( 1 ( 2 ( 3 ( 4 (B) A common pool vessel fishing under a NE multispecies DAS in the Western U.S./Canada Area may fish inside and outside the Western U.S./Canada Area on the same trip, provided it complies with the more restrictive regulations applicable to the area fished for the entire trip (e.g., the possession restrictions specified in paragraph (a)(3)(iv)(C)( 4 (C) For the purposes of selecting vessels for observer deployment, a vessel fishing in either of the U.S./Canada Management Areas specified in paragraph (a)(1) of this section must provide notice to NMFS of the vessel name; contact name for coordination of observer deployment; telephone number for contact; and the date, time, and port of departure, at least 48 hr prior to the beginning of any trip that it declares into the U.S./Canada Management Area as required under this paragraph (a)(3)(ii). (iii) Gear requirements. 1 Federal Register, (A) Haddock Separator Trawl. ( 1 Two-seam bottom trawl nets. ( 2 Four-seam bottom trawl nets. (B) Flounder Trawl Net. ( 1 ( 2 (iv) Harvest controls. (A) Cod landing limit restrictions. ( 1 Initial cod landing limit. ( 2 Possession restriction when 100 percent of TAC is harvested. (B) Haddock landing limit 1 Initial haddock landing limit. 2 3 ( 2 Implementation of haddock landing limit for Eastern U.S./Canada Area. ( 3 Possession restriction when 100 percent of TAC is harvested. (C) Yellowtail flounder landing limit 1 Initial yellowtail flounder landing limit. 2 ( 2 Regional Administrator authority to adjust the yellowtail flounder landing limit mid-season. ( 3 Possession restriction when 100 percent of TAC is harvested. ( 4 Yellowtail flounder landing limit for vessels fishing both inside and outside the Western U.S./Canada Area on the same trip. (D) Other restrictions or inseason adjustments. i.e., (E) Closure of Eastern U.S./Canada Area. (v) Reporting. ( 1 ( 2 ( 3 (B) The Regional Administrator may remove or modify the reporting requirement for sector vessels in § 648.85(a)(3)(v) in a manner consistent with the Administrative Procedure Act. (vi) Withdrawal from U.S./Canada Resource Sharing Understanding. (vii) Transiting. (b) Special Access Programs. (1) SAPs harvesting NE multispecies. (2) SAPs harvesting stocks other than NE multispecies. (3) Closed Area II Yellowtail Flounder/Haddock SAP Eligibility. (ii) Closed Area II Yellowtail Flounder/Haddock SAP Area. Closed Area II Yellowtail Flounder/Haddock SAP Area Point N. latitude W. longitude Ytail 1 41°30′ 67°20′ Ytail 2 41°30′ 66°34.8′ G5 41°18.6′ 66°24.8′1 CII 2 41°00′ 66°35.8′ CII 1 41°00′ 67°20′ Ytail 1 41°30′ 67°20′ (iii) Season Season when the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder. (B) Season when the CA II Yellowtail Flounder/Haddock SAP is open only to target haddock. (iv) VMS requirement. (v) Declaration. (vi) Number of trips per vessel Number of trips allowed when the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder. (B) Number of trips allowed when the CA II Yellowtail Flounder/Haddock SAP is open only to target haddock. (vii) Opening criteria Opening the CA II Yellowtail Flounder/Haddock SAP to target yellowtail flounder. (B) Opening the CA II Yellowtail/Haddock SAP to only target haddock. (viii) Trip limits. (A) Yellowtail flounder trip limit 1 Trip limits when the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder. ( 2 Trip limits when the CA II Yellowtail Flounder/Haddock SAP is open to target haddock. (B) Cod and haddock trip limit. (C) Other species trip limits. (ix) Area fished. (x) Gear requirements Approved gear. 3 (B) Approval of additional gear. 2 (xi) No-discard provision and DAS flips. (xii) Minimum Category A DAS. (xiii) Catch distribution. (4) [Reserved] (5) Incidental Catch TACs. (i) Stocks other than GB cod and GB yellowtail flounder. (ii) GB cod. (iii) GB yellowtail flounder. (6) Regular B DAS Pilot Program Eligibility. (ii) [Reserved] (iii) Quarterly Incidental Catch TACs. (iv) Program requirements VMS requirement. (B) Observer notification. i.e., (C) VMS declaration. (D) Landing limits. (E) No-discard provision and DAS flips. (F) Minimum Category A DAS and B DAS accrual. (G) Restrictions when 100 percent of the incidental catch TAC is harvested. (H) Closure of Regular B DAS Program and quarterly DAS limits. (I) Reporting requirements. (J) Gear requirement. 1 3 ( 2 Approval of additional gear. 2 i ii 2 ( i 2 i ( ii 2 ii ( iii 2 i ii ( 3 Ruhle Trawl. 3 ( i ( ii ( iii ( iv ( v ( 4 Mesh size. (v) [Reserved] (vi) Closure of the Regular B DAS Program. (7) Eastern U.S./Canada Haddock SAP Eligibility. (ii) Eastern U.S./Canada Haddock SAP Area. Eastern U.S./Canada Haddock SAP Area Point N. Lat. W. Long. CAII3 42° 22′ 67° 20′ (1) SAP1 42° 20′ 67° 20′ SAP2 42° 20′ 67° 40′ SAP3 41° 10′ 67° 40′ SAP4 41° 10′ 67° 20′ SAP5 42° 10′ 67° 20′ SAP6 42° 10′ 67° 10′ CAII3 42° 22′ 67° 20′ (1) (1) (iii) [Reserved] (iv) Season. (v) Program restrictions Area and DAS use restrictions. ( 1 ( 2 ( 3 ( 4 (B) VMS requirement. (C) Observer notifications. (D) VMS declaration. (E) Gear requirement 1 1 3 ( 2 Approval of additional gear. 2 (F) Landing limits. (G) Reporting requirements. (H) Incidental TACs. (I) No discard provision and DAS flips. (J) Minimum Category A DAS. (K) Mandatory closure of Eastern U.S./Canada Haddock SAP. Federal Register (L) General closure of the Eastern U.S./Canada Haddock SAP Area. (c) Scallop fishery closed area access program. (d) Authorized gear performance standards. (e) Universal exemption programs for sector vessels Redfish Exemption Program Eligibility. (ii) Redfish Exemption Area. Table 14 to Paragraph ( e ii Point N lat. W long. A 43°00′ 69°55′ B 43°00′ 69°30′ C 43°20′ 69°30′ D 43°20′ ( 1 E 42°53.24′ 67°44.55′ F 42°20′ ( 2 G 42°20′ 67°40′ H 42°00′ 67°40′ I 42°00′ 69°37′ J 42°20′ 69°55′ A 43°00′ 69°55′ 1 2 (A) Redfish Exemption Area Cod Closure. Table 15 to Paragraph ( e ii Point N Lat. W Long. A 43°00′ 69°55′ B 43°00′ 69°30′ K 42°30′ 69°30′ L 42°30′ 69°55′ A 43°00′ 69°55′ (B) Redfish Exemption Area Seasonal Closure II. Table 16 to Paragraph ( e ii Point N lat. W long. M 42°47.17′ 67°40′ F 42°20′ ( 1 G 42°20′ 67°40′ M 42°47.17′ 67°40′ 1 (C) No vessel may participate in the Redfish Exemption Program in any areas that are otherwise closed to fishing for Northeast multispecies or fishing with trawl gear, including but not limited to year-round closed areas, seasonal closed areas, or habitat closures. (iii) Season. (iv) Declaration. (A) Pre-trip notification. (B) [Reserved] (v) Reporting Daily catch reporting. ( 1 ( 2 ( 3 (B) Redfish exemption fishing notification. ( 1 ( 2 ( 3 ( 4 (vi) Area fished. (B) Once a vessel has sent a redfish exemption fishing notification as described in paragraph (e)(1)(v)(B) of this section, the vessel is prohibited from fishing outside of the Redfish Exemption Area for the remainder of its trip. (vii) Gear requirements. (A) Minimum codend mesh size. (B) Gear stowage. (viii) Catch Thresholds Monthly Performance Thresholds. 1 ( 2 (B) Annual Performance Thresholds. 1 (C) Administration of thresholds. 1 1 1 ( 2 2 ( 3 1 2 ( 4 1 ( 5 3 4 1 2 ( 6 1 3 4 ( 7 ( 8 1 7 1 7 ( 9 9 (ix) Program review. (2) [Reserved] [69 FR 22975, Apr. 27, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 648.86 NE Multispecies commercial possession restrictions. Except as provided in §§ 648.11(l) and 648.17, or elsewhere in this part, the following possession restrictions apply: (a) NE multispecies common pool vessels DAS Permits. https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-multispecies-common-pool-fishery. Table 1 to Paragraph ( a Stock 1 DAS limit 2 Trip limit 2 EGOM cod 3 25 lb per DAS 50 lb per trip. WGOM cod 3 50 lb per DAS 100 lb per trip. GB cod 3 25 lb per DAS 50 lb per trip. SNE cod 3 0 lb per DAS 0 lb per trip. GOM haddock 1,000 lb (453 kg) per DAS 2,000 lb (907 kg) per trip. GB haddock 1,000 lb (453 kg) per DAS 2,000 lb (907 kg) per trip. CC/GOM yellowtail flounder 4 1,500 lb (680 kg) per DAS 3,000 lb (1,360 kg) per trip. GB yellowtail flounder 4 No daily limit 100 lb (45.4 kg) per trip. SNE yellowtail flounder 4 200 lb (90.7 kg) per DAS 400 lb (181 kg) per trip. American plaice 3,000 lb (1,360 kg) per DAS 6,000 lb (2,721 kg) per trip. Witch flounder No daily limit 1,500 lb (680 kg) per trip. GB winter flounder No daily limit 500 lb (227 kg) trip. GOM winter flounder No daily limit 2,000 lb (907 kg) per trip. SNE/MA winter flounder 2,000 lb (907 kg) per DAS 4,000 lb (1,814 kg) per trip. Redfish Unlimited Unlimited. White hake No daily limit 1,000 lb (453 kg) per trip. Pollock Unlimited Unlimited. 1 2 https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-multispecies-common-pool-fishery. 3 4 (2) Small vessel permits. (3) Handgear A permits. (4) Handgear B permits. (5) Regional Administrator authority to implement or modify possession limits Possession restrictions to prevent exceeding common pool sub-ACLs. (ii) Possession restrictions to facilitate harvest of sub-ACLs allocated to the common pool. (6) Additional possession restrictions for common pool vessels Daily landing restriction. (ii) Possession limits for vessels fishing in multiple areas. (iii) Cod. (iv) Yellowtail flounder. i.e., (v) Offloading requirement for vessels possessing species regulated by a daily possession limit. i.e., i.e., (b) NE multispecies vessels Atlantic halibut. (2) Ocean pout, windowpane flounder, and Atlantic wolffish. (3) Calculation of weight of fillets or parts of fish. (4) Other possession restrictions. (c) Scallop dredge vessels Haddock prohibition. (2) Haddock possession. (3) Scallop NE multispecies possession limit permit. (d) Incidental catch allowance for some Atlantic herring vessels. (1) Haddock incidental catch cap. i.e., (2) Herring GOM Haddock Accountability Measure Area. Table 2 to Paragraph ( d Point N latitude W longitude HGA1 ( 1 69°20′ HGA 43°40′ 69°20′ HGA3 43°40′ 69°00′ HGA4 43°20′ 69°00′ HGA5 43°20′ ( 2 HGA6 42°20′ ( 3 HGA7 42°20′ 70°00′ HGA8 ( 4 70°00′ 1 2 3 4 (3) Herring GB Haddock Accountability Measure Area. Table 3 to Paragraph ( d Point N Latitude W Longitude 1 42°20′ 70°00′ 2 42°20′ ( 1 3 40°30′ ( 1 4 40°30′ 66°40′ 5 39°50′ 66°40′ 6 39°50′ 68°50′ 7 ( 2 68°50′ 8 41°00′ ( 3 9 41°00′ 69°30′ 10 41°10′ 69°30′ 11 41°10′ 69°50′ 12 41°20′ 69°50′ 13 41°20′ ( 4 14 ( 5 70°00′ 15 ( 6 70°00′ 16 ( 7 70°00′ 1 2 3 4 5 6 7 (4) Fishing years. (5) Other regulated NE multispecies possession restrictions for some Atlantic herring vessels. (e) Small-mesh multispecies. (i) Vessels possessing on board or using nets of mesh size smaller than 3 in (7.62 cm). (A) The mesh size of any net or any part of a net used by or on board the vessel is smaller than 3 inches (7.62 cm), as applied to the part of the net specified in paragraph (d)(1)(iv) of this section, as measured in accordance with § 648.80(f); or (B) The mesh size of any net or part of a net on board the vessel not incorporated into a fully constructed net is smaller than 3 inches (7.62 cm), as measured by methods specified in § 648.80(f). “Incorporated into a fully constructed net” means that any mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully constructed net may occur only in the part of the net not subject to the mesh size restrictions specified in paragraph (d)(1)(iv) of this section, and the net into which the mesh is incorporated must be available for immediate use. (ii) [Reserved] (iii) Vessels possessing on board or using nets of mesh size equal to or greater than 3 in (7.62 cm). (A) The mesh size of any net or any part of a net used by or on board the vessel is equal to or greater than 3 inches (7.62 cm), as applied to the part of the net specified in paragraph (d)(1)(iv) of this section, as measured by methods specified in § 648.80(f); and (B) The mesh size of any net or part of a net on board the vessel not incorporated into a fully constructed net is equal to or greater than 3 inches (7.62 cm), as measured by methods specified in § 648.80(f). “Incorporated into a fully constructed net” means that any mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully constructed net may occur only in the part of the net not subject to the mesh size restrictions as specified in paragraph (d)(1)(iv) of this section, and the net into which the mesh is incorporated must be available for immediate use. (iv) Application of mesh size. (v) Possession of southern red hake while under a rebuilding plan. (A) Vessels possessing on board or using nets of mesh size smaller than 5.5 in (13.97 cm). ( 1 ( 2 (B) Vessels using nets of mesh size greater than or equal to 5.5 in (13.97 cm), using small-mesh selective trawls, or gear other than trawl. ( 1 ( 2 ( 3 (vi) Possession of northern red hake. (2) Possession limit for vessels participating in the northern shrimp fishery. (3) Possession restriction for vessels electing to transfer small-mesh NE multispecies at sea. (4) Accountability Measure In-season adjustment of small-mesh multispecies possession limits. (i) Red hake. (ii) Silver hake and offshore hake. [69 FR 22978, Apr. 27, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 648.87 Sector allocation. (a) Procedure for approving/implementing a sector allocation proposal. (2) Upon receipt of a proposal to form a new sector allocation, and following the deadline for each sector to submit an operations plan, as described in paragraph (b)(2) of this section, NMFS will notify the Council in writing of its intent to consider a new sector allocation for approval. The Council will review the proposal(s) and associated NEPA analyses at a Groundfish Committee and Council meeting, and provide its recommendation on the proposed sector allocation to NMFS in writing. NMFS will make final determinations regarding the approval of the new sectors based on review of the proposed operations plans, associated NEPA analyses, and the Council's recommendations, and in a manner consistent with the Administrative Procedure Act. NMFS will only approve a new sector that has received the Council's endorsement. (3) Eligibility. (4) Minimum size. (b) General requirements applicable to all approved Sectors. (i) TAC allocation Allocated stocks. (B) Eastern GB stocks 1 Allocation. ( 2 Re-allocation of haddock or cod ACE. 1 i.e., 2 i iii ( i Application to re-allocate ACE. ( ii Approval of request to re-allocate ACE. ( iii Duration of ACE re-allocation. 2 (C) Carryover. 1 Maximum carryover. 1 iii ( i Eastern GB Stocks Carryover. 1 ( ii ( iii Atlantic cod stocks carryover for fishing year 2026. 1 2 ( 2 Carryover accounting. i de minimis ( ii De Minimis Carryover Amount. de minimis de minimis de minimis (D) Maximum ACE allocation. (E) Potential sector contribution (PSC). 1 2 i.e., 1 2 ( 1 Calculation of PSC for all NE multispecies stocks except GB cod. 2 1 ( 2 Calculation of PSC for GB cod. 2 ( i GB cod PSC for permits committed to participate in the GB Cod Hook Gear Sector or GB Cod Fixed Gear Sector. 1 2 i ( ii GB cod PSC for all other permits. 2 i 2 i 2 i 2 ii (ii) Areas that can be fished. (iii) Sector AMs. (A) Overage penalty if there is sufficient ACE to cover the overage. (B) Overage penalty if there is insufficient ACE to cover an overage. ( 1 ACE reduction. ( 2 DAS reduction. ( 3 Fishing prohibition. (C) ACE buffer. i.e., (iv) Sector enforcement Sector compliance and joint/several liability. (B) Commitment to a sector. (v) Sector reporting requirements. (A) VMS declarations and trip-level catch reports. (B) Weekly enforcement report. (C) Year-end report. (D) Streamlining sector reporting requirements. (vi) Interaction with other fisheries Use of DAS. (B) Availability of ACE. (vii) ACE transfers. i.e., (A) Application to transfer ACE. (B) Approval of an ACE transfer request. (C) Duration of transfer. (viii) Trip limits. (2) Operations plan and sector contract. (i) A list of all parties, vessels, and vessel owners who will participate in the sector; (ii) [Reserved] (iii) A contract signed by all sector participants indicating their agreement to abide by the operations plan; (iv) The name of a designated representative or agent of the sector for service of process; (v) If applicable, a plan for consolidation or redistribution of ACE detailing the quantity and duration of such consolidation or redistribution within the sector; (vi) A list of the specific management rules the sector participants will agree to abide by in order to avoid exceeding the allocated ACE for each stock, including a plan of operations or cessation of operations once the ACEs of one or more stocks are harvested and detailed plans for enforcement of the sector rules; (vii) A plan that defines the procedures by which members of the sector that do not abide by the rules of the sector will be disciplined or removed from the sector, and a procedure for notifying NMFS of such expulsions from the sector; (viii) If applicable, a plan of how the ACE allocated to the sector is assigned to each vessel; (ix) If the operations plan is inconsistent with, or outside the scope of the NEPA analysis associated with the sector proposal/framework adjustment as specified in paragraph (a)(1) of this section, a supplemental NEPA analysis may be required with the operations plan; (x) Detailed information about overage penalties or other actions that will be taken if a sector exceeds its ACE for any stock; (xi) Detailed plans for the monitoring and reporting of landings and discards by sector participants, including, but not limited to, detailed information describing the sector's at-sea/electronic monitoring program for monitoring utilization of ACE allocated to that sector; identification of the independent third-party service providers employed by the sector to provide at-sea/electronic monitoring services; the mechanism and timing of any hail reports; a list of specific ports where participating vessels will land fish, with specific exemptions noted for safety, weather, etc., allowed, provided the sector provides reasonable notification to NMFS concerning a deviation from the listed ports; and any other information about such a program required by NMFS; (xii) [Reserved] (xiii) Identification of any potential redirection of effort into other fisheries expected as a result of sector operations, and, if necessary, proposed limitations to eliminate any adverse effects expected from such redirection of effort; (xiv) If applicable, description of how regulated species and ocean pout will be avoided while participating in other fisheries that have a bycatch of regulated species or ocean pout if the sector does not have sufficient ACE for stocks of regulated species or ocean pout caught as bycatch in those fisheries, as specified in paragraph (b)(1)(vi)(B) of this section; and (xv) A list of existing regulations in this part that the sector is requesting exemption from during the following fishing year pursuant to paragraph (c)(2) of this section. (3) NEPA analysis. (c) Approval of a sector and granting of exemptions by the Regional Administrator. (2) If a sector is approved, the Regional Administrator shall issue a letter of authorization to each vessel operator and/or vessel owner participating in the sector. The letter of authorization shall authorize participation in the sector operations and may exempt participating vessels from any Federal fishing regulation implementing the NE multispecies FMP, except those specified in paragraphs (c)(2)(i) and (ii) of this section, in order to allow vessels to fish in accordance with an approved operations plan, provided such exemptions are consistent with the goals and objectives of the FMP. The letter of authorization may also include requirements and conditions deemed necessary to ensure effective administration of, and compliance with, the operations plan and the sector allocation. Solicitation of public comment on, and NMFS final determination on such exemptions shall be consistent with paragraphs (c)(1) and (2) of this section. (i) Regulations that may not be exempted for sector participants. e.g., e.g., (ii) Universal sector exemptions. (A) Trip limits on NE multispecies stocks for which a sector receives an allocation of ACE pursuant to paragraph (b)(1)(i) of this section (i.e., all stocks except Atlantic halibut, ocean pout, windowpane flounder, and Atlantic wolffish); (B) The GOM Cod Protection Closures IV and V specified in § 648.81(d)(4)(iv) and (v); (C) NE multispecies DAS restrictions other than those required to comply with effort controls in other fisheries, as specified in §§ 648.92 and 648.322; (D) The minimum codend mesh size restrictions for trawl gear specified in § 648.80(a)(4)(i) when using a haddock separator trawl defined in § 648.85(a)(3)(iii) or the Ruhle trawl defined in § 648.85(b)(6)(iv)(J)( 3 (E) The minimum codend mesh size restrictions for trawl gear specified in § 648.80(a)(3)(i) or (a)(4)(i) when fishing in compliance with the provisions of the Redfish Exemption Program defined in § 648.85(e)(1). (3) The Regional Administrator may withdraw approval of a sector, after consultation with the Council, at any time, if it is determined that sector participants are not complying with the requirements of an approved operations plan or that the continuation of the operations plan will undermine achievement of fishing mortality objectives of the FMP. Withdrawal of approval of a sector may only be done in a manner consistent with the Administrative Procedure Act and other applicable law. (4) Any sector may submit a written request to amend its approved operations plan to the Regional Administrator. If the amendment is administrative in nature, within the scope of and consistent with the actions and impacts previously considered for current sector operations, the Regional Administrator may approve an administrative amendment in writing. The Regional Administrator may approve substantive changes to an approved operations plan in a manner consistent with the Administrative Procedure Act and other applicable law. All approved operations plan amendments will be published on the regional office Web site and will be provided to the Council. (d) Approved sector allocation proposals. (1) GB Cod Hook Sector. (2) GB Cod Fixed Gear Sector. (3) Mooncusser Sector. (4) Sustainable Harvest Sector. (5) Sustainable Harvest Sector II. (6) Sustainable Harvest Sector III. (7) Port Clyde Community Groundfish Sector. (8) Northeast Fishery Sector I. (9) Northeast Fishery Sector II. (10) Northeast Fishery Sector III. (11) Northeast Fishery Sector IV. (12) Northeast Fishery Sector V. (13) Northeast Fishery Sector VI. (14) Northeast Fishery Sector VII. (15) Northeast Fishery Sector VIII. (16) Northeast Fishery Sector IX. (17) Northeast Fishery Sector X. (18) Northeast Fishery Sector XI. (19) Northeast Fishery Sector XII. (20) Northeast Fishery Sector XIII. (21) Tristate Sector. (22) Northeast Coastal Communities Sector. (23) State of Maine Permit Banking Sector. (24) State of Rhode Island Permit Bank Sector. (25) State of New Hampshire Permit Bank Sector. (26) State of Massachusetts Permit Bank Sector. (e) State-operated permit bank. (1) The state-operated permit bank must be initially established using a Federal grant award from NOAA through a valid Memorandum of Agreement (MOA) with NMFS and the state must maintain and comply with such MOA. The MOA must contain and the state must comply with at least the following requirements and conditions: (i) The state may not associate a state-operated permit bank permit with a vessel engaged in any fishing or other on-the-water activities; (ii) The state must establish the minimum eligibility criteria to determine whether a sector and its associated vessels are qualified to receive either ACE or DAS from the state-operated permit bank; (iii) The state must identify a program contact person for the state agency administering the state-operated permit bank; (iv) The state must provide to NMFS a list of all permits held by the state under the aegis of the state-operated permit bank, and declare which permits will be used in the coming fishing year for exclusively DAS leasing to common pool vessels and which permits are to be used exclusively for transferring ACE to sectors (including the leasing of DAS to sector vessels for the purpose of complying with the requirements of other FMPs); and (v) The state must prepare and submit an annual performance report to NMFS, and that said performance report must include, at a minimum, the following elements: (A) A comprehensive listing of all permits held by the state-operated permit bank, identifying whether a permit was used for ACE transfers to sectors (including DAS leases to the sector members) or DAS leases to common pool vessels, the total amount of ACE, by stock, and DAS available to the state-operated permit bank for transfers and leases to sectors and common-pool vessels; (B) A comprehensive listing of all sectors to which ACE was transferred from the state-operated permit bank, including the amount, by stock, of ACE transferred to each sector, including a list of all vessels that harvested the ACE transferred to the sector and the amounts harvested; (C) A comprehensive listing of all sector vessels to which DAS were leased from the state-operated permit bank, including the number of DAS leased to each sector vessel; and (D) A comprehensive listing of all common pool vessels to which DAS were leased from the state-operated permit bank, including the number of DAS leased to each common pool vessel. (2) Eligibility. (3) Allocation and utilization of ACE Allocation of ACE. (ii) Acquiring ACE. (iii) Transferring ACE. (iv) Reallocation of GB haddock or GB cod ACE. 2 (4) Allocation and utilization of days-at-sea Allocation of DAS. (ii) Acquiring DAS. (5) Annual report. (6) Use of additional funds. (7) Violation of the terms and conditions applicable to a state-operated permit bank. [75 FR 18338, 18374, Apr. 9, 2010] Editorial Note: For Federal Register www.govinfo.gov. § 648.88 Multispecies stock area definitions. (a) Definition of stock areas. (1) EGOM cod stock area. Table 1 to Paragraph ( a Point N latitude W longitude EGOM1 ( 1 69°20′ EGOM2 ( 2 67°00′ EGOM3 ( 2 67°40′ EGOM4 43°20′ 67°40′ EGOM5 43°20′ 69°00′ EGOM6 43°40′ 69°00′ EGOM7 43°40′ 69°20′ 1 2 (2) WGOM cod stock area. Table 2 to Paragraph ( a Point N latitude W longitude WGOM1 (1) 69°20′ WGOM2 43°40′ 69°20′ WGOM3 43°40′ 69°00′ WGOM4 43°20′ 69°00′ WGOM5 43°20′ 67°40′ WGOM6 (2) 67°40′ WGOM7 (3) 67°40′ WGOM8 42°20′ 67°40′ WGOM9 42°20′ 68°50′ WGOM10 39°50′ 68°50′ WGOM11 39°50′ 69°00′ WGOM12 39°00′ 69°00′ WGOM13 39°00′ 70°00′ WGOM14 (4) 70°00′ 1 2 3 4 (3) GB cod stock area. Table 3 to Paragraph ( a Point N latitude W longitude GB1 42°20′ 68°50′ GB2 42°20′ 67°40′ GB3 (1) 67°40′ GB4 39°00′ (2) GB5 39°00′ 69°00′ GB6 39°50′ 69°00′ GB7 39°50′ 68°50′ GB1 42°20′ 68°50′ 1 2 (4) SNE cod stock area. Table 4 to Paragraph ( a Point N latitude W longitude SNE1 (1) 70°00′ SNE2 39°00′ 69°00′ SNE3 39°00′ (2) SNE4 35°00′ (2) SNE5 35°00′ (3) 1 2 3 (5) GB haddock stock area. Table 5 to Paragraph ( a Point N Latitude W Longitude GB1 ( 1 70°00′ GB2 42°20′ 70°00′ GB3 42°20′ ( 2 1 2 (6) GOM haddock stock area. Table 6 to Paragraph ( a Point N Latitude W Longitude GOM1 ( 1 70°00′ GOM2 42°20′ 70°00′ GOM3 42°20′ 67°40′ GOM4 ( 2 67°40′ GOM5 ( 3 67°40′ GOM6 43°50′ 67°40′ GOM7 43°50′ ( 4 GOM8 ( 4 67°00′ GOM9 ( 5 67°00′ 1 2 3 4 5 (7) GB yellowtail flounder stock area. Table 7 to Paragraph ( a Point N latitude W longitude USCA1 42°20′ 68°50′ USCA16 42°20′ ( 1 USCA5 39°00′ ( 1 USCA17 39°00′ 69°00′ USCA18 39°50′ 69°00′ USCA2 39°50′ 68°50′ USCA1 42°20′ 68°50′ 1 (8) SNE/MA yellowtail flounder stock area. Table 8 to Paragraph ( a i Point N Latitude W Longitude SNEMA1 35°00′ ( 1 SNEMA2 35°00′ ( 2 SNEMA3 39°00′ ( 2 SNEMA4 39°00′ 69°00′ SNEMA5 39°50′ 69°00′ SNEMA6 39°50′ 68°50′ SNEMA7 41°00′ 68°50′ SNEMA8 41°00′ 69°30′ SNEMA9 41°10′ 69°30′ SNEMA10 41°10′ 69°50′ SNEMA11 41°20′ 69°50′ SNEMA12 41°20′ ( 3 SNEMA13 ( 4 70°00′ SNEMA14 ( 5 70°00′ 1 2 3 4 5 (ii) For the purposes of the Regular B DAS Program, the SNE/MA yellowtail flounder B DAS stock area is the area bounded on the north, east, and south by straight lines connecting the following points in the order stated: Table 9 to Paragraph ( a ii Point N Latitude W Longitude SNEMA1 40°00′ 74°00′ SNEMA2 40°00′ 72°00′ SNEMA3 40°30′ 72°00′ SNEMA4 40°30′ 69°30′ SNEMA5 41°10′ 69°30′ SNEMA6 41°10′ 69°50′ SNEMA7 41°20′ 69°50′ SNEMA8 41°20′ ( 1 SNEMA9 ( 2 70°00′ SNEMA10 41°00′ 70°00′ SNEMA11 41°00′ 70°30′ SNEMA12 ( 3 70°30′ SNEMA13 ( 4 72°00′ SNEMA14 ( 5 72°00′ SNEMA15 ( 6 73°00′ SNEMA16 40°30′ 73°00′ SNEMA17 40°30′ 74°00′ SNEMA1 40°00′ 74°00′ 1 2 3 4 5 6 (9) CC/GOM yellowtail flounder stock area. Table 10 to Paragraph ( a i Point N Latitude W Longitude CCGOM1 ( 1 70°00′ CCGOM2 ( 2 70°00′ CCGOM3 41°20′ ( 3 CCGOM4 41°20′ 69°50′ CCGOM5 41°10′ 69°50′ CCGOM6 41°10′ 69°30′ CCGOM7 41°00′ 69°30′ CCGOM8 41°00′ 68°50′ CCGOM9 42°20′ 68°50′ CCGOM10 42°20′ ( 4 1 2 3 4 (ii) For the purposes of the Regular B DAS Program pursuant to § 648.85(b), the CC/GOM yellowtail flounder B DAS stock area is the area defined by straight lines connecting the following points in the order stated: Table 11 to Paragraph ( a ii Point N Latitude W Longitude CCGOM1 43°00′ ( 1 CCGOM2 43°00′ 70°00′ CCGOM3 42°30′ 70°00′ CCGOM4 42°30′ 69°30′ CCGOM5 41°30′ 69°30′ CCGOM6 41°30′ 69°00′ CCGOM7 41°00′ 69°00′ CCGOM8 41°00′ 69°30′ CCGOM5 41°30′ 69°30′ CCGOM9 41°30′ 70°00′ CCGOM10 ( 2 70°00′ CCGOM11 42°00′ 70°00′ CCGOM12 42°00′ ( 3 CCGOM13 42°00′ ( 4 CCGOM14 42°00′ ( 5 1 2 3 4 5 (10) American plaice stock area. (11) Witch flounder stock area. (12) GB winter flounder stock area. Table 12 to Paragraph ( a Point N latitude W longitude USCA1 42°20′ 68°50′ USCA16 42°20′ ( 1 USCA5 39°00′ ( 1 USCA17 39°00′ 69°00′ USCA18 39°50′ 69°00′ USCA2 39°50′ 68°50′ USCA1 42°20′ 68°50′ 1 (13) GOM winter flounder stock area. Table 13 to Paragraph ( a Point N Latitude W Longitude GOM1 ( 1 70°00′ GOM2 42°20′ 70°00′ GOM3 42°20′ 67°40′ GOM4 ( 2 67°40′ GOM5 ( 3 67°40′ GOM6 43°50′ 67°40′ GOM7 43°50′ ( 4 GOM8 ( 4 67°00′ GOM9 ( 5 67°00′ 1 2 3 4 5 (14) SNE/MA winter flounder stock area. Table 14 to Paragraph ( a Point N latitude W longitude SNEMA1 ( 1 70°00′ SNEMA2 42°20′ 70°00′ SNEMA3 42°20′ 68°50′ SNEMA4 39°50′ 68°50′ SNEMA5 39°50′ 69°00′ SNEMA6 39°00′ 69°00′ SNEMA7 39°00′ ( 2 SNEMA8 35°00′ ( 2 SNEMA9 35°00′ ( 3 1 2 3 (15) Redfish stock area. (16) White hake stock area. (17) Pollock stock area. (b) Stock area for unit stocks. Table 15 to Paragraph ( b Point N latitude W longitude US1 ( 1 67°00′ US2 ( 2 67°00′ US3 43°50′ ( 2 US4 43°50′ 67°40′ US5 ( 3 67°40′ US6 ( 4 67°40′ US7 42°30′ 67°40′ US8 42°30′ ( 2 US9 35°00′ ( 2 US10 35°00′ ( 5 1 2 3 4 5 [91 FR 11167, Mar. 9, 2026, as amended at 91 FR 39543, June 30, 2026] § 648.89 Recreational and charter/party vessel restrictions. (a) Recreational gear restrictions. (b) Recreational minimum and maximum fish sizes Minimum and maximum fish sizes. Table 1 to Paragraph ( b Species Charter/party Private Maximum inches cm inches cm inches cm Cod EGOM cod stock area 1 23 58.4 23 58.4 N/A N/A WGOM cod stock area 1 23 58.4 23 58.4 N/A N/A GB cod stock area 1 23 58.4 23 58.4 N/A N/A SNE cod stock area 1 N/A N/A N/A N/A N/A N/A Haddock Inside GOM Regulated Mesh Area 2 17 43.2 17 43.2 N/A N/A Outside GOM Regulated Mesh Area 2 18 45.7 18 45.7 N/A N/A Pollock 19 48.3 19 48.3 N/A N/A Witch Flounder (gray sole) 14 35.6 14 35.6 N/A N/A Yellowtail Flounder 13 33.0 13 33.0 N/A N/A American Plaice (dab) 14 35.6 14 35.6 N/A N/A Atlantic Halibut 41 104.1 41 104.1 N/A N/A Winter Flounder (black back) 12 30.5 12 30.5 N/A N/A Redfish 9 22.9 9 22.9 N/A N/A 1 2 (2) Exceptions Fillet size. (ii) Transiting. (3) Fillets. (c) Possession Restrictions Private recreational vessels. Table 2 to Paragraph ( c Stock Open season Possession limit Closed season EGOM Cod September 1-October 31 1 May 1-August 31; November 1-April 30. WGOM Cod September 1-October 31 1 May 1-August 31; November 1-April 30. GB Cod September 1-October 31 1 May 1-August 31; November 1-April 30. SNE Cod CLOSED No Retention All Year. GB Haddock All Year Unlimited N/A. GOM Haddock May 1-February 28 (or 29); April 1-30 15 March 1-March 31. 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. Northern Windowpane Flounder CLOSED No retention All Year. Southern 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. (2) Charter or Party Boats. Table 3 to Paragraph ( c Stock Open season Possession limit Closed season EGOM Cod May 1-May 31; September 1-October 31 1 June 1-August 31; November 1-April 30. WGOM Cod May 1-May 31; September 1-October 31 1 June 1-August 31; November 1-April 30. GB Cod May 1-May 31; September 1-October 31 1 June 1-August 31; November 1-April 30. SNE Cod CLOSED No Retention All Year. GB Haddock All Year Unlimited N/A. GOM Haddock May 1-February 28 (or 29) April 1-30 15 March 1-March 31. 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. (4) Accounting of daily possession limit. (5) Fillet conversion. (6) Application of daily possession limit. (7) Storage. (8) Transiting. (d) Restrictions on sale. (e) Charter/party vessel restrictions on fishing in GOM closed areas and the Nantucket Lightship Closed Area GOM closed areas. (ii) A vessel fishing under charter/party regulations may not fish in the GOM Cod Spawning Protection Area specified at § 648.81(b)(3) during the time period specified in that paragraph, unless the vessel complies with the requirements specified at § 648.81(b)(2)(iii). (2) [Reserved] (3) Letters of authorization. (i) The letter of authorization must be carried on board the vessel during the period of participation; (ii) Fish species managed by the NEFMC or MAFMC that are harvested or possessed by the vessel, are not sold or intended for trade, barter or sale, regardless of where the fish are caught; (iii) The vessel has no gear other than rod and reel or handline gear on board; and (iv) For the GOM charter/party closed area exemption only, the vessel may not fish on a sector trip, under a NE multispecies DAS, or under the provisions of the NE multispecies Small Vessel Category or Handgear A or Handgear B permit categories, as specified at § 648.82, during the period of participation. (f) Recreational fishery AM Catch evaluation. (2) Reactive AM adjustment. Federal Register (3) Proactive AM adjustment. Federal Register (g) Regional Administrator authority for cod and haddock recreational measures. Federal Register [69 FR 22984, Apr. 27, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 648.90 NE multispecies assessment, framework procedures and specifications, and flexible area action system. For the NE multispecies framework specification process described in this section, the regulated species and ocean pout biennial review is considered a separate process from the small-mesh species annual review, as described in paragraphs (a)(2) and (b)(1), respectively, of this section. In addition, the process for specifying ABCs and associated ACLs for regulated species and ocean pout, as described in paragraph (a)(4) of this section, is considered a separate process from the small-mesh species ABC and ACL process described in paragraph (b)(2) of this section. (a) NE multispecies. (1) NE Multispecies annual SAFE Report. (2) Biennial review (ii) Based on this review, the PDT shall recommend ACLs for the upcoming fishing year(s), as described in paragraph (a)(4) of this section, and develop options for consideration by the Council, if necessary, on any changes, adjustments, or additions to DAS allocations, closed areas, or other measures necessary to rebuild overfished stocks and achieve the FMP goals and objectives, which may include a preferred option. The range of options developed by the PDT may include any of the management measures in the FMP, including, but not limited to: ACLs, which must be based on the projected fishing mortality levels required to meet the goals and objectives outlined in the FMP for the 12 regulated species and ocean pout if able to be determined; identifying and distributing ACLs and other sub-components of the ACLs among various segments of the fishery; AMs; DAS changes; possession limits; gear restrictions; closed areas; permitting restrictions; minimum fish sizes; recreational fishing measures; describing and identifying EFH; fishing gear management measures to protect EFH; designating habitat areas of particular concern within EFH; and changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. The PDT must demonstrate through analyses and documentation that the options it develops are expected to meet the FMP goals and objectives. (iii) In addition, the PDT may develop ranges of options for any of the management measures in the FMP and the following conditions that may be adjusted through a framework adjustment to achieve FMP goals and objectives including, but not limited to: (A) Revisions to DAS measures, including DAS allocations (such as the distribution of DAS among the four categories of DAS), future uses for Category C DAS, and DAS baselines, adjustments for steaming time, etc.; (B) Accumulation limits due to a permit buyout or buyback; (C) Modifications to capacity measures, such as changes to the DAS transfer or DAS leasing measures; (D) Calculation of area-specific ACLs (including sub-ACLs for specific stocks and areas ( e.g., (E) Sector allocation requirements and specifications, including the establishment of a new sector, the disapproval of an existing sector, the allowable percent of ACL available to a sector through a sector allocation, an optional sub-ACL specific to Handgear A permitted vessels, management uncertainty buffers, and the calculation of PSCs; (F) Sector administration provisions, including at-sea, electronic, dockside, and other monitoring tools, coverage requirements and processes, monitoring program review, or other measures; sector reporting requirements; vessel-specific coverage levels; (G) State-operated permit bank administrative provisions; (H) Measures to implement the U.S./Canada Resource Sharing Understanding, including any specified TACs (hard or target); (I) Changes to administrative measures; (J) Additional uses for Regular B DAS; (K) Reporting requirements; (L) Declaration requirements pertaining to when and what time period a vessel must declare into or out of a fishery management area; (M) The GOM Inshore Conservation and Management Stewardship Plan; (N) Adjustments to the Handgear A or B permits; (O) Gear requirements to improve selectivity, reduce bycatch, and/or reduce impacts of the fishery on EFH; (P) Special Access Program (SAP) modifications; (Q) Revisions to the ABC control rule and status determination criteria, including, but not limited to, changes in the target fishing mortality rates, minimum biomass thresholds, numerical estimates of parameter values, and the use of a proxy for biomass may be made either through a biennial adjustment or framework adjustment; (R) Changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; and (S) Any other measures currently included in the FMP. (iv) [Reserved] (v) The Council shall review the ACLs recommended by the PDT and all of the options developed by the PDT and other relevant information; consider public comment; and develop a recommendation to meet the FMP objectives pertaining to regulated species or ocean pout that is consistent with applicable law. If the Council does not submit a recommendation that meets the FMP objectives and is consistent with applicable law, the Regional Administrator may adopt any option developed by the PDT, unless rejected by the Council, as specified in paragraph (a)(2)(vii) of this section, provided the option meets the FMP objectives and is consistent with applicable law. (vi) Based on this review, the Council shall submit a recommendation to the Regional Administrator of any changes, adjustments or additions to DAS allocations, closed areas or other measures necessary to achieve the FMP's goals and objectives. The Council shall include in its recommendation supporting documents, as appropriate, concerning the environmental and economic impacts of the proposed action and the other options considered by the Council. (vii) If the Council submits, on or before December 1, a recommendation to the Regional Administrator after one Council meeting, and the Regional Administrator concurs with the recommendation, the Regional Administrator shall publish the Council's recommendation in the Federal Register Federal Register, (viii) If the Regional Administrator concurs in the Council's recommendation, a final rule shall be published in the Federal Register Federal Register (3) Default OFLs, ABCs, and ACLs. Federal Register (ii) If the default specifications exceed the Council's recommendations for any stock for the current year, the specifications for that stock shall be reduced to the Council's recommendation through notice consistent with the Administrative Procedure Act. (iii) These specifications shall be subdivided among the various sub-components of the fishery consistent with the ABC/ACL distribution adopted for the previous year's specifications. (4) Process for setting ABCs and ACLs ABC/ACL recommendations. (A) ABC recommendations. (B) ACL recommendations. (ii) Timing. (iii) ABC/ACL distribution. (A) Recreational allocation. ( 1 Stocks allocated. ( 2 Process for determining if a recreational allocation is necessary. (B) Regulated species or ocean pout catch by vessels operating only in state waters. 1 (C) Regulated species or ocean pout catch by other, non-specified fisheries. 1 (D) Yellowtail flounder catch by the Atlantic sea scallop fishery. 1 (E) Haddock catch by the midwater trawl Atlantic herring fishery 1 Sub-ACL values. ( 2 GB haddock sub-ACL Review. (F) Windowpane flounder catch by the Atlantic sea scallop fishery. (G) Southern windowpane flounder catch by exempted fisheries. (H) GB yellowtail flounder catch by small mesh fisheries 1 ( 2 1 (I) Regulated species or ocean pout catch by the NE multispecies commercial fisheries. 1 3 ( 1 Commercial allocation. i.e., 1 ( 2 WGOM cod. ( 3 Atlantic cod stocks except WGOM cod. (iv) ACL monitoring Landings. (B) Discards. (v) Adjustments to ACLs. (5) AMs. (i) AMs for the NE multispecies commercial and recreational fisheries. i.e., (A) Excessive catch by common pool vessels. (B) Excessive catch by sector vessels. (C) Excessive catch by the NE multispecies recreational fishery. (D) AMs for both stocks of windowpane flounder, ocean pout, Atlantic halibut, and Atlantic wolffish. (E) Windowpane flounder. 5 6 3 ( 1 Multispecies Fishery. ( 2 Exempted Fisheries. ( 3 Combined Overage. i.e., ( 4 Windowpane AM Areas. Point N latitude W longitude Northern Windowpane Flounder and Ocean Pout Small AM Area 1 41°10′ 67°40′ 2 41°10′ 67°20′ 3 41°00′ 67°20′ 4 41°00′ 67°00′ 5 40°50′ 67°00′ 6 40°50′ 67°40′ 1 41°10′ 67°40′ Northern Windowpane Flounder and Ocean Pout Large AM Area 1 42°10′ 67°40′ 2 42°10′ 67°20′ 3 41°00′ 67°20′ 4 41°00′ 67°00′ 5 40°50′ 67°00′ 6 40°50′ 67°40′ 1 42°10′ 67°40′ Southern Windowpane Flounder and Ocean Pout Small AM Area 1 41°10′ 71°30′ 2 41°10′ 71°20′ 3 40°50′ 71°20′ 4 40°50′ 71°30′ 1 41°10′ 71°30′ Southern Windowpane Flounder and Ocean Pout Large AM Area 1 1 41°10′ 71°50′ 2 41°10′ 71°10′ 3 41°00′ 71°10′ 4 41°00′ 71°20′ 5 40°50′ 71°20′ 6 40°50′ 71°50′ 1 41°10′ 71°50′ Southern Windowpane Flounder and Ocean Pout Large AM Area 2 1 ( 1 73°30′ 2 40°30′ 73°30′ 3 40°30′ 73°50′ 4 40°20′ 73°50′ 5 40°20′ ( 2 6 ( 3 73°58.5′ 7 ( 4 73°58.5′ 8 5 5 1 ( 1 73°30′ Southern Windowpane Flounder Large AM Area 3 1 41°10′ 71°30′ 2 41°10′ 71°10′ 3 41°00′ 71°10′ 4 41°00′ 71°20′ 5 40°50′ 71°20′ 6 40°50′ 71°30′ 1 41°10′ 71°30′ 1 2 3 4 5 ( 5 Reducing the size of an AM. ( 6 Reducing the duration of an AM. i.e., (F) Atlantic halibut. 1 i.e., ( 1 Description of AM. 2 4 3 ( 2 Vessels exempt from the no possession AM. ( 3 Review of the AM. ( 4 Atlantic halibut AM area. Table 1 to Paragraph (a)(5)(i)(F)( 4 ) Atlantic halibut trawl gear AM area Points N latitude W longitude 1 42°00′ 69°20′ 2 42°00′ 68°20′ 3 41°30′ 68°20′ 4 41°30′ 69°20′ Table 2 to Paragraph (a)(5)(i)(F)( 4 ) Atlantic halibut gillnet gear AM area Points N latitude W longitude 1 43°10′ 69°40′ 2 43°10′ 69°30′ 3 43°00′ 69°30′ 4 43°00′ 69°40′ (G) Atlantic wolffish. 3 i.e., Atlantic Wolffish Trawl Gear AM Area Point N latitude W longitude 1 42°30′ 70°30′ 2 42°30′ 70°15′ 3 42°15′ 70°15′ 4 42°15′ 70°10′ 5 42°10′ 70°10′ 6 42°10′ 70°20′ 7 42°20′ 70°20′ 8 42°20′ 70°30′ Atlantic Wolffish Fixed Gear AM Area 1 Point N latitude W longitude 1 41°40′ 69°40′ 2 41°40′ 69°30′ 3 41°30′ 69°30′ 4 41°30′ 69°40′ Atlantic Wolffish Fixed Gear AM Area 2 Point N latitude W longitude 1 42°30′ 70°20′ 2 42°30′ 70°15′ 3 42°20′ 70°15′ 4 42°20′ 70°20′ (H) Ocean pout. 5 6 4 3 (ii) AMs due to excessive catch of regulated species or ocean pout by state and other, non-specified fisheries. (A) AMs if the overall ACL for a regulated species or ocean pout stock is exceeded. (B) AMs if the overall ACL for a regulated species or ocean pout stock is not exceeded. (C) AMs for GB cod due to excessive catch by non-allocated fisheries. (iii) AMs if the incidental catch cap for the Atlantic herring fishery is exceeded. Federal Register, (iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is exceeded. (A) Threshold for implementing the Atlantic sea scallop fishery AMs for SNE yellowtail flounder and southern windowpane flounder. (B) Threshold for implementing the Atlantic sea scallop fishery AM for GB yellowtail flounder and northern windowpane flounder. (v) AM if the small-mesh fisheries GB yellowtail flounder sub-ACL is exceeded. 1 3 (6) Specifications process PDT recommendations. (ii) Guidelines. (iii) Groundfish Oversight Committee recommendations. (iv) Analysis. (b) Small-mesh multispecies Three-year specifications process, annual review, and specifications package. (i) At least every 3 years, based on the annual review, described below in paragraph (b)(3) of this section, and/or the specifications package, described in paragraph (b)(4) of this section, recommendations for ABC from the SSC, and any other relevant information, the Whiting PDT shall recommend to the Whiting Oversight Committee and Council specifications including the OFL, ABC, ACL, and TAL for each small-mesh multispecies stock for a period of at least 3 years. The Whiting PDT and the Council shall follow the process in paragraph (b)(2) of this section for setting these specifications. (ii) The Whiting PDT, after reviewing the available information on the status of the stock and the fishery, may recommend to the Council any measures necessary to assure that the specifications will not be exceeded; changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; as well as changes to the appropriate specifications. (iii) Taking into account the annual review and/or specifications package described in paragraphs (b)(2) and (b)(4), respectively, of this section, the advice of the SSC, and any other relevant information, the Whiting PDT may also recommend to the Whiting Oversight Committee and Council changes to stock status determination criteria and associated thresholds based on the best scientific information available, including information from peer-reviewed stock assessments of small-mesh multispecies. These adjustments may be included in the Council's specifications for the small-mesh multispecies fishery. (iv) Council recommendation. (B) The Council's recommendation must include supporting documentation, as appropriate, concerning the environmental, economic, and social impacts of the recommendations. The Regional Administrator will consider the recommendations and publish a rule in the Federal Register (C) The Regional Administrator may propose specifications different than those recommended by the Council. If the specifications published in the Federal Register (D) If the final specifications are not published in the Federal Register (2) Process for specifying ABCs, ACLs, and TALs. (i) Red hake ABCs. 1 ( 2 (B) ACLs. (C) TALs. 1 ( 2 (ii) Silver and Offshore Hake ABCs. (B) ACLs. (C) TALs. 1 ( 2 (3) Annual Review. (ii) If new and/or additional information becomes available, the Whiting PDT shall consider it during this annual review. Based on this review, the Whiting PDT shall provide guidance to the Whiting Oversight Committee and the Council regarding the need to adjust measures for the small-mesh multispecies fishery to better achieve the FMP's objectives. After considering this guidance, the Council may submit to NMFS its recommendations for changes to management measures, as appropriate, through the specifications process described in this section, the process specified in paragraph (c) of this section, or through an amendment to the FMP. (4) Specifications package. (ii) In any year in which a specifications package, including a SAFE Report, is not completed by the Whiting PDT, the annual review process described in paragraph (a) of this section shall be used to recommend any necessary adjustments to specifications and/or management measures in the FMP. (5) Accountability measures for the small-mesh multispecies fishery—(i) In-season adjustment of possession limits. (ii) Post-season adjustment for an overage. (iii) Small-mesh multispecies in-season adjustment triggers. Species In-season Northern Red Hake 90 Northern Silver Hake 90 Southern Red Hake 40.4 Southern Silver Hake 90 (c) Within season management action for NE multispecies, including small-mesh NE multispecies. (1) Adjustment process. (ii) The Council's recommendation on adjustments or additions to management measures pertaining to small-mesh NE multispecies, other than to address gear conflicts, must come from one or more of the following categories: Quotas and appropriate seasonal adjustments for vessels fishing in experimental or exempted fisheries that use small mesh in combination with a separator trawl/grate (if applicable); modifications to separator grate (if applicable) and mesh configurations for fishing for small-mesh NE multispecies; adjustments to whiting stock boundaries for management purposes; adjustments for fisheries exempted from minimum mesh requirements to fish for small-mesh NE multispecies (if applicable); season adjustments; declarations; participation requirements for any of the Gulf of Maine/Georges Bank small-mesh multispecies exemption areas; OFL and ABC values; ACL, TAL, or TAL allocations, including the proportions used to allocate by season or area; small-mesh multispecies possession limits, including in-season AM possession limits; changes to reporting requirements and methods to monitor the fishery; and biological reference points, including selected reference time series, survey strata used to calculate biomass, and the selected survey for status determination; and changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (iii) Adjustment process for whiting DAS. (2) Adjustment process for gear conflicts. (3) Council recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season. (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Council's recommended management measures. (iii) Whether there is an immediate need to protect the resource. (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (4) Regional Administrator action. (i) If the Regional Administrator concurs with the Council's recommended management measures and determines that the recommended management measures should be issued as a final rule, based on the factors specified in paragraph (c)(3) of this section, the measures will be issued as a final rule in the Federal Register, (ii) If the Regional Administrator concurs with the Council's recommendation and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If the Regional Administrator does not concur, the Council will be notified in writing of the reasons for the non-concurrence. (d) Flexible Area Action System. Federal Register (2) After examining the facts, the Regional Administrator shall, within the deadlines specified in Amendment 3, provide the technical analysis required by Amendment 3. (3) The NEFMC shall prepare an economic impact analysis of the potential management options under consideration within the deadlines specified in Amendment 3. (4) Copies of the analysis and reports prepared by the Regional Administrator and the NEFMC shall be made available for public review at the NEFMC's office and the Committee shall hold a meeting/public hearing, at which time it shall review the analysis and reports and request public comments. Upon review of all available sources of information, the Committee shall determine what course of action is warranted by the facts and make a recommendation, consistent with the provisions of Amendment 3 to the Regional Administrator. (5) By the deadline set in Amendment 3 the Regional Administrator shall either accept or reject the Committee's recommendation. If the recommended action is consistent with the record established by the fact-finding report, impact analysis, and comments received at the public hearing, he/she shall accept the Committee's recommendation and implement it through notification in the Federal Register (6) Once implemented, the Regional Administrator shall monitor the affected area to determine if the action is still warranted. If the Regional Administrator determines that the circumstances under which the action was taken, based on the Regional Administrator's report, the NEFMC's report, and the public comments, are no longer in existence, he/she shall terminate the action by notification in the Federal Register. (7) Actions taken under this section will ordinarily become effective upon the date of filing with the Office of the Federal Register. The Regional Administrator may determine that facts warrant a delayed effective date. (e) Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action and interim measures under section 305(c) of the Magnuson-Stevens Act. [69 FR 22984, Apr. 27, 2004] Editorial Note: For Federal Register www.govinfo.gov. § 648.91 Monkfish regulated mesh areas and restrictions on gear and methods of fishing. All vessels fishing for, possessing or landing monkfish must comply with the following minimum mesh size, gear, and methods of fishing requirements, unless otherwise exempted or prohibited: (a) Northern Fishery Management Area (NFMA) Area definition. (b) Southern Fishery Management Area (SFMA) Area definition. (c) Gear restrictions Minimum mesh size Trawl nets while on a monkfish DAS. (ii) Trawl nets while on a monkfish and NE multispecies DAS. (iii) Gillnets while on a monkfish DAS for fishing years 2023, 2024, and 2025. (iv) Gillnets while on a monkfish DAS from fishing year 2026 and beyond. (v) Exceptions from the minimum mesh size for gillnets on a monkfish DAS. (A) The owner or operator of a limited access NE multispecies vessel fishing under a NE multispecies category A DAS with gillnet gear in the NFMA changes the vessel's DAS declaration to a monkfish DAS through the vessel's VMS unit during the trip in accordance with the provisions specified under § 648.92(b)(1)(vi); (B) A vessel issued a Category C or D limited access monkfish permit is fishing under both a monkfish and NE multispecies Category A DAS in the SFMA using roundfish gillnets, as defined at § 648.2, with 6.5-inch (16.5-cm) diamond mesh; (C) A vessel issued a limited access monkfish permit is fishing on a monkfish-only DAS in the Mid-Atlantic Exemption Area using roundfish gillnets with a minimum mesh size of 5 inches (12.7 cm) in accordance with the provisions specified under § 648.80(c)(5); or (D) A vessel issued a limited access monkfish permit is fishing on a monkfish-only DAS in the Southern New England Dogfish Exemption Area using roundfish gillnets with a minimum mesh size of 6 inches (15.2 cm) in accordance with the provisions specified under § 648.80(b)(7). (vi) Authorized gear while on a monkfish and scallop DAS. (2) Other gear restrictions. (ii) All other non-conforming gear must be stowed and not available for immediate use as defined in § 648.2. (iii) The mesh size restrictions in paragraph (c)(1) of this section do not apply to nets or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 ft 2 2 (3) SFMA trawl roller gear restriction. (d) New Jersey Atlantic Sturgeon Bycatch Reduction Area Area Definition: Table 1 to Paragraph ( d Point N lat. W long. NJ1 40°24′ 73°54′ NJ2 40°9′ 73°24′ NJ3 39°30′ 73°51′ NJ4 39°48′ 74°12′ NJ1 40°24′ 73°54′ (2) Restrictions in the New Jersey Atlantic Sturgeon Bycatch Reduction Area. (i) A vessel is fishing on a monkfish-only DAS within the MA Exemption Area and in accordance with the requirements set forth at § 648.80(c)(5)(ii), with roundfish gillnets with a mesh size equal to or greater than 5 inches (12.7 cm) and less than 10 inches (25.4 cm). (ii) A vessel is fishing with low profile gillnet gear, as defined in § 648.2. [64 FR 54747, Oct. 7, 1999, as amended at 65 FR 37917, June 19, 2000; 67 FR 50323, Aug. 1, 2002; 70 FR 21942, Apr. 28, 2005; 72 FR 53949, Sept. 21, 2007; 79 FR 52580, Sept. 4, 2014; 81 FR 58865, Aug. 26, 2016; 88 FR 54498, Aug. 11, 2023; 89 FR 102838, Dec. 18, 2024] § 648.92 Effort-control program for monkfish limited access vessels. (a) General. (1) End of year carryover. (2) [Reserved] (b) Monkfish DAS program—permit categories and allocations Limited access monkfish permit holders DAS allocations. (ii) Offshore fishery program DAS allocation. (iii) Research DAS set-aside. (A) Calculating the total per vessel DAS deduction. (B) Calculating the per vessel DAS deduction for the NFMA and SFMA. (C) Example. (iv) General DAS usage restrictions. (v) DAS declaration requirements. (vi) Monkfish Option provision and declaration requirements. (A) Vessels that change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS during a trip remain subject to the NE multispecies DAS usage requirements ( i.e., (B) Gillnet vessels that change their DAS declaration in accordance with this paragraph (b)(1)(vi) are not subject to the gillnet minimum mesh size restrictions found at § 648.91(c)(1)(iii) and (iv) but are subject to the smaller NE multispecies minimum mesh requirements for gillnet vessels found under § 648.80 based upon the NE Multispecies Regulated Mesh Area in which the vessel is fishing. (2) Category C, D, F, G, or H limited access monkfish permit holders. General provision. (ii) Monkfish-only DAS. (iii) Category C, D, F, G, or H vessels that lease NE multispecies DAS. (B) A vessel issued a limited access monkfish Category C, D, F, G, or H permit may forfeit some of its monkfish DAS, if it leases NE multispecies DAS to another vessel(s), pursuant to § 648.82(k). The number of monkfish DAS forfeited by a vessel depends on its balance of Monkfish and NE multispecies DAS at the time of the lease. Any forfeited monkfish DAS will be deducted proportionally between the DAS allocated to the vessel for use in the Northern Fishery Management Area and Southern Fishery Management Area in paragraph (b)(1)(i) of this section. ( 1 ( 2 (3) Accrual of DAS. (4) DAS credits Good Samaritan credit. (ii) Canceled trip DAS credit. (A) There is no fish onboard the vessel and no fishing operations on the vessel were initiated, including setting and/or hauling fishing gear; and (B) The owner or operator of the vessel fishing under a DAS program and required to use a VMS as specified under § 648.10(b) makes an initial trip cancelation notification from sea, at the time the trip was canceled, or at the earliest opportunity prior to crossing the demarcation line as defined at § 648.10(a). These reports are in the form of an email to NMFS Office of Law Enforcement and include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement from the operator that no fish were onboard and no fishing activity occurred; and (C) The owner or operator of the vessel operating under the DAS program required to use the IVR call in as specified under § 648.10(h) makes an initial trip cancelation notification to NMFS by calling the IVR back at the time the trip was canceled, or at the earliest opportunity prior to returning to port. This request must include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement from the operator that no fish were onboard and no fishing activity occurred; and (D) The owner or operator of the vessel requesting a canceled trip DAS credit, in addition to the requirements in paragraphs (b)(4)(ii)(B) and (C) of this section, submits a written DAS credit request form to NMFS within 30 days of the vessel's return to port from the canceled trip. This application must include at least the following information: Date and time when the vessel canceled the fishing trip; date and time of trip departure and landing; operator name; owner/corporation name; permit number; hull identification number; vessel name; date and time notification requirements specified under paragraphs (b)(4)(ii)(B) and (C) of this section were made; reason for canceling the trip; and owner/operator signature and date; and (E) The vessel trip report for the canceled trip as required under § 648.7(b) is submitted along with the DAS credit request form; and (F) For DAS credits that are requested near the end of the fishing year as defined at § 648.2, and approved by the Regional Administrator, the credited DAS apply to the fishing year in which the canceled trip occurred. Credited DAS that remain unused at the end of the fishing year or are not credited until the following fishing year and may be carried over into the next fishing year, not to exceed the maximum number of carryover DAS as specified under paragraph (a)(1) of this section. (5) [Reserved] (6) Declaring monkfish DAS. (7) Adjustments in annual monkfish DAS allocations. (8) Gillnet restrictions Number and size of nets Category A and B vessels. (B) Category C, D, F, G, and H vessels that possess a limited access NE multispecies permit. (ii) Tagging requirements. (iii) Lost tags. (iv) Replacement tags. (v) Method of counting DAS. (9) Category G and H limited access permit holders. (ii) Vessels issued valid limited access monkfish Category G or H permit that also possess a limited access NE multispecies or limited access scallop permit are subject to the same provisions as Category C or D vessels, respectively, unless otherwise stated under this subpart F. (10) DAS Adjustment for Trip Limit Overage. (c) Monkfish Research DAS Set-Aside Program. Federal Register (ii) NMFS shall convene a review panel that may include members of the Councils' Monkfish Oversight Committee, the Council's Research Steering Committee, and other subject matter experts, to review proposals submitted in response to the RFP. (A) Each panel member shall recommend which research proposals should be authorized to utilize the research DAS set aside in accordance with paragraph (b)(1)(iii) of this section, based on the selection criteria described in the RFP. (B) NMFS and the NOAA Grants Office shall consider each panel member's recommendation, and NOAA shall provide final approval of the projects, and notify applicants of the grant award through written notification to the project proponent. The Regional Administrator may exempt selected vessel(s) from regulations specified in each of the respective FMPs through the exempted fishing permit (EFP) process specified under § 600.745(b)(2). (iii) The grant awards approved under the RFPs shall be for the upcoming fishing year. Proposals to fund research that would start prior to the fishing year are not eligible for consideration. Multi-year grant awards may be approved under an RFP for an upcoming fishing year, so long as the research DAS available under subsequent RFPs are adjusted to account for the approval of multi-year awards. (iv) Research projects shall be conducted in accordance with provisions approved and provided in an EFP issued by the Regional Administrator, as authorized under § 600.745(b)(2). (v) If the Regional Administrator determines that the annual allocation of research DAS will not be used in its entirety once all of the grant awards have been approved, the Regional Administrator shall reallocate the unallocated research DAS as exempted DAS to be authorized as described in paragraph (c)(2) of this section, and provide notice of the reallocation of DAS in the Federal Register. (vi) For proposals that require other regulatory exemptions that extend beyond the scope of the analysis contained in the Monkfish FMP, subsequent amendments, or framework adjustments, applicants may be required to provide additional analysis of the impacts of the requested exemptions before issuance of an EFP will be considered. (2) DAS Exemption Program. (A) The request for a monkfish DAS exemption must be submitted along with a complete application for an EFP to the Regional Administrator. The requirements for submitting a complete EFP application are provided in § 600.745(b)(2); (B) Exempted DAS must be available for usage. Exempted DAS shall only be made available by the Regional Administrator if it is determined that the annual set-aside of research DAS will not be used in its entirety, as described in paragraph (c)(1)(v) of this section. If exempted DAS are not available for usage, the applicant may continue to seek an exemption from monkfish DAS, but may be required to conduct an analysis of the impacts associated with the monkfish DAS exemption request before issuance of the EFP application will be considered; and (C) For EFP applications that require other regulatory exemptions that extend beyond the scope of the analysis contained in the Monkfish FMP, subsequent amendments, or framework adjustments, applicants may be required to provide additional analysis of the impacts of the requested exemptions before issuance of an EFP will be considered. (ii) Monkfish DAS exemption requests shall be reviewed and approved by the Regional Administrator in the order in which they are received. [64 FR 54748, Oct. 7, 1999] Editorial Note: For Federal Register www.govinfo.gov. § 648.93 Monkfish minimum fish sizes. (a) General provisions. Minimum Fish Sizes (Total Length/Tail Length) Total Length Tail Length 17 inches (43.2 cm) 11 inches (27.9 cm) (b) The minimum fish size applies to the whole fish (total length) or to the tail of a fish (tail length) at the time of landing. Fish or parts of fish, with the exception of cheeks and livers, must have skin on while possessed on board a vessel and at the time of landing in order to meet minimum size requirements. “Skin on” means the entire portion of the skin normally attached to the portion of the fish or fish parts possessed. Monkfish tails are measured from the anterior portion of the fourth cephalic dorsal spine to the end of the caudal fin. Any tissue anterior to the fourth dorsal spine is ignored. If the fourth dorsal spine or the tail is not intact, the minimum size is measured between the most anterior vertebra and the most posterior portion of the tail. [64 FR 54749, Oct. 7, 1999, as amended at 68 FR 22329, Apr. 28, 2003; 70 FR 21944, Apr. 28, 2005; 79 FR 41924, July 18, 2014] § 648.94 Monkfish possession and landing restrictions. (a) General. (b) Vessels issued limited access monkfish permits Vessels fishing under the monkfish DAS program in the NFMA Category A vessels. (ii) Category B vessels. (iii) Category C vessels. (iv) Category D vessels. (2) Vessels fishing under the monkfish DAS program in the SFMA Category A, C, and G vessels. (ii) Category B, D, and H vessels. (iii) Category F vessels. (iv) Administration of landing limits. (3) Category C, D, F, G, and H vessels fishing under the multispecies DAS program NFMA. (ii) SFMA Category C, D, and F vessels. (B) Category G and H vessels. (iii) Transiting. (4) Category C, D, F, G, or H vessels fishing under the scallop DAS program. (5) Category C, D, F, G, or H scallop vessels declared into the monkfish DAS program without a dredge on board, or not under the net exemption provision. (6) Vessels not fishing under a NE multispecies, scallop, or monkfish DAS. (c) Vessels issued a monkfish incidental catch permit Vessels fishing under a NE multispecies DAS NFMA. (ii) SFMA. (2) Scallop vessels fishing under a scallop DAS. (3) Vessels fishing with large mesh and not fishing under a DAS (ii) A vessel issued a valid monkfish incidental catch (Category E) permit or a limited access monkfish permit (Category A, B, C, D, F, G, or H) fishing in the SNE RMA east of the MA Exemption Area boundary with mesh no smaller than specified at § 648.80(b)(2)(i), while not on a monkfish, NE multispecies, or scallop DAS, may possess, retain, and land monkfish (whole or tails) only up to 5 percent (where the weight of all monkfish is converted to tail weight) of the total weight of fish on board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For the purpose of converting whole weight to tail weight, the amount of whole weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of this section. (iii) A vessel issued a valid monkfish incidental catch (Category E) permit or a limited access monkfish permit (Category A, B, C, D, F, G, or H) fishing in the SNE RMA under a Skate Bait Letter of Authorization, as authorized under § 648.322(c), while not on a monkfish, NE multispecies, or scallop DAS, may possess, retain, and land monkfish (whole or tails) only up to 5 percent (where the weight of all monkfish is converted to tail weight) of the total weight of fish on board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For the purpose of converting whole weight to tail weight, the amount of whole weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of this section. (iv) A vessel issued a valid monkfish incidental catch (Category E) permit or a limited access monkfish permit (Category A, B, C, D, F, G, or H) fishing in the SNE or MA RMAs west of the MA Exemption Area boundary with mesh no smaller than specified at § 648.108(a)(1) while not on a monkfish, NE multispecies, or scallop DAS, may possess, retain, and land monkfish (whole or tails) only up to 5 percent (where the weight of all monkfish is converted to tail weight) of the total weight of fish on board, up to a maximum of 450 lb (204 kg) tail weight or 1,310 lb (594 kg) whole weight of monkfish per trip, unless that vessel is fishing under a Skate Bait Letter of Authorization in the SNE RMA. Such a vessel is subject to the incidental catch limit specified under paragraph (c)(3)(iii) of this section. For the purpose of converting whole weight to tail weight, the amount of whole weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of this section. (4) Vessels fishing with small mesh and not fishing under a DAS. (5) Small vessels. (6) Vessels fishing with handgear. (7) Vessels fishing with surfclam or ocean quahog dredge gear. (8) Scallop vessels not fishing under a scallop DAS with dredge gear General provisions. (ii) Limited access scallop vessels fishing in Sea Scallop Access Areas. (d) Monkfish liver landing restrictions. (2) If a vessel possesses or lands both monkfish tails and whole monkfish, the vessel may land monkfish livers up to 10 percent of the whole weight of monkfish per trip using the following weight ratio: (0.10) × [(tail weight × 2.91) + (whole fish × 1)]. (e) Transiting. (f) [Reserved] (g) Other landing restrictions. [64 FR 54749, Oct. 7, 1999] Editorial Note: For Federal Register www.govinfo.gov. § 648.95 Offshore Fishery Program in the SFMA. (a) General. (1) A vessel issued a Category F permit is subject to the specific provisions and conditions of this section while fishing on a monkfish DAS. (2) A vessel issued a limited access monkfish Category C or D permit that applies for and is issued a Category F permit remains subject to the provisions specific to Category C and D vessels, unless otherwise specified under this subpart F. (3) Limited access Category C or D vessels that apply for and are issued a Category F permit remain subject to the provisions specific to Category C and D vessels, unless otherwise specified under this subpart F. (b) Declaration. (c) Offshore Fishery Program Area. Point N. latitude W. longitude 1 41°18.6′ 66°24.8′ 2 40°55.5′ 66°38.0′ 3 40°45.5′ 68°00.0′ 4 40°37.0′ 68°00.0′ 5 40°30.0′ 69°00.0′ 6 40°22.7′ 69°00.0′ 7 40°18.7′ 69°40.0′ 8 40°21.0′ 71°03.0′ 9 39°41.0′ 72°32.0′ 10 38°47.0′ 73°11.0′ 11 38°04.0′ 74°06.0′ (d) Season. (e) Restrictions. (2) A vessel enrolled in the Offshore Fishery Program is restricted to fishing under its monkfish DAS during the season in paragraph (d) of this section. (3) A vessel issued a limited access monkfish Category F permit fishing on a monkfish DAS is subject to the minimum mesh size requirements specified in § 648.91(c)(1)(i), (iii) and (iv), as well as the other gear requirements specified in § 648.91(c)(2) and (3). (4) A vessel issued a Category F permit must have installed on board an operational VMS unit that meets the minimum performance criteria specified in §§ 648.9 and 648.10 during the entire season established under paragraph (d) of this section. Unless otherwise required to maintain an operational VMS unit under the VMS notification requirements specified at § 648.10(b), a vessel issued a Category F permit may turn off its VMS unit outside of that season. (f) Transiting. (g) Monkfish landing limits and DAS allocations. (2) The monkfish DAS allocation for vessels issued a Category F permit shall be equal to the trip limit applicable to the vessel's monkfish limited access permit category divided by the fixed daily possession limit specified in paragraph (g)(1) of this section, and then multiplied by the DAS allocation for limited access monkfish vessels not issued Category F permits, specified under § 648.92(b)(1). For example, if a vessel has a limited access monkfish Category C permit, and the applicable trip limit is 800 lb (363 kg) for this category, and the vessel has an annual allocation of 40 monkfish DAS, then the monkfish DAS allocated to that vessel when issued a Category F permit would be 20 monkfish DAS (800 lb divided by 1,600 lb, multiplied by 40 monkfish DAS equals 20 DAS). Any carryover monkfish DAS will be included in the calculation of monkfish DAS for Category F vessels. (3) A vessel issued a limited access monkfish Category F permit that is fishing under a NE multispecies DAS in the NFMA is subject to the incidental landing limit specified at § 648.94(b)(3). (4) When not fishing on a monkfish DAS, a vessel issued a limited access monkfish Category F permit may fish under the regulations applicable to the monkfish incidental catch (Category E) permit, specified at § 648.94(c). (h) DAS usage by NE multispecies or sea scallop limited access permit holders. [70 FR 21945, Apr. 28, 2005, as amended at 72 FR 20960, Apr. 27, 2007; 72 FR 53942, Sept. 21, 2007; 74 FR 20557, May 4, 2009; 79 FR 41925, July 18, 2014; 79 FR 52580, Sept. 4, 2014; 88 FR 54499, Aug. 11, 2023] § 648.96 FMP review, specification, and framework adjustment process. Link to an amendment published at 91 FR 55284, Aug. 27, 2026. (a) Annual review and adjustment process. (1) Monkfish annual SAFE Report. (2) Annual review. (3) Annual framework adjustment procedures. (ii) The range of options developed by the Councils may include any of the management measures in the Monkfish FMP, including, but not limited to: ACTs; closed seasons or closed areas; minimum size limits; mesh size limits; net limits; liver-to-monkfish landings ratios; annual monkfish DAS allocations and monitoring; trip or possession limits; blocks of time out of the fishery; gear restrictions; transferability of permits and permit rights or administration of vessel upgrades, vessel replacement, or permit assignment; measures to minimize the impact of the monkfish fishery on protected species; gear requirements or restrictions that minimize bycatch or bycatch mortality; transferable DAS programs; changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; changes to the Monkfish Research Set-Aside Program; and other frameworkable measures included in §§ 648.55 and 648.90. (iii) The Councils shall review the options analyzed by the PDT and other relevant information, consider public comment, and submit a recommendation to the Regional Administrator that meets the Monkfish FMP's objectives, consistent with other applicable law. The Councils' recommendation to the Regional Administrator shall include supporting documents, as appropriate, concerning the environmental and economic impacts of the proposed action and the other options considered by the Councils. Management adjustments made to the Monkfish FMP require majority approval of each Council for submission to the Secretary. (A) The Councils may delegate authority to the Joint Monkfish Oversight Committee to conduct an initial review of the options analyzed by the PDT and any other relevant information, consider public comment, and make a recommendation to the Councils. (B) If the Councils submit a recommendation that is consistent with other applicable law but does not meet the Monkfish FMP's goals and objectives, the Regional Administrator may adopt any option developed by the Councils and analyzed by the PDT that has not been rejected by either Council, provided such option meets the Monkfish FMP's goals and objectives, and is consistent with other applicable law. If either the NEFMC or MAFMC has rejected all options, then the Regional Administrator may select any measure that has not been rejected by both Councils and that meets the Monkfish FMP's goals and objectives. (iv) If the Councils submit, on or before December 1, a recommendation to the Regional Administrator after one meeting with each Council, and the Regional Administrator concurs with the recommendation, the recommendation shall be published in the Federal Register (v) Following publication of a proposed rule and after receiving public comment, if the Regional Administrator concurs in the Councils' recommendation, a final rule, if possible, shall be published in the Federal Register (b) Within-season management action. (1) In-season Framework adjustment procedures. (ii) Recommended adjustments to management measures must come from the categories specified under paragraph (a)(3)(i) of this section, including specification of ABC and ACLs, if necessary. (2) Councils' recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Councils' recommended management measures; (iii) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) Adjustments for gear conflicts. (4) Action by NMFS. Federal Register. Federal Register. (ii) If the Regional Administrator concurs with the Councils' recommendation and determines that the recommended management measures should be published first as a proposed rule, then the measures shall be published as a proposed rule in the Federal Register. Federal Register. (iii) If the Regional Administrator does not concur, then the Councils shall be notified in writing of the reasons for the non-concurrence. (c) Process for setting ABCs and ACLs. (i) ABC recommendation. (ii) ACL recommendations. (iii) Timing. (d) Accountability Measures (AMs) Specification of ACTs. (2) ACL overages and adjustments Council action. (ii) NMFS action. Federal Register (e) Emergency action. [76 FR 30274, May 25, 2011, as amended at 76 FR 81849, Dec. 29, 2011; 80 FR 37196, June 30, 2015] § 648.97 Closed areas. (a) Oceanographer Canyon Closed Area. Oceanographer Canyon Closed Area Point N. Lat. W. Long. (1) OC1 40°10′ 68°12′ (2) OC2 40°24′ 68°09′ (3) OC3 40°24′ 68°08′ (4) OC4 40°10′ 67°59′ (5) OC1 40°10′ 68°12′ (b) Lydonia Canyon Closed Area. Lyndonia Canyon Closed Area Point N. Lat. W. Long. (1) LC1 40°16′ 67°34′ (2) LC2 40°16′ 67°42′ (3) LC3 40°20′ 67°43′ (4) LC4 40°27′ 67°40′ (5) LC5 40° 27′ 67°38′ (6) LC1 40°16′ 67°34′ [70 FR 21946, Apr. 28, 2005] Subpart G—Management Measures for the Summer Flounder Fisheries § 648.100 Summer flounder Annual Catch Limit (ACL). (a) Annual catch limits. (1) Sector allocations. (2) Periodicity. (b) Performance review. (1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent ( i.e., (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that the summer flounder stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded but may be conducted in conjunction with such reviews. [76 FR 60626, Sept. 29, 2011, as amended at 87 FR 68929, Nov. 17, 2022; 88 FR 14507, Mar. 9, 2023; 91 FR 22466, Apr. 27, 2026] § 648.101 Summer flounder Annual Catch Target (ACT). (a) Annual catch target. (1) Sectors. (2) Periodicity. (b) Performance review. [76 FR 60626, Sept. 29, 2011, as amended at 88 FR 14507, Mar. 9, 2023] § 648.102 Summer flounder specifications. (a) Commercial quota, recreational landing limits, research set-asides, and other specification measures. (1) Research quota set from a range of 0 to 3 percent of the allowable landings level for both the commercial and recreational sectors. (2) Commercial minimum fish size. (3) Minimum mesh size. (4) Restrictions on gear other than otter trawls. (5) Adjustments to the exempted area boundary and season specified in § 648.108(b)(1), based on data reviewed by the Summer Flounder Monitoring Committee during the specification process, to prevent discarding of more than an average of 25 percent of the summer flounder catch per trip, by weight, from all SMEP trips. (6) Recreational possession limit set from a range of 0 to 15 summer flounder. (7) Recreational minimum and/or maximum fish size. (8) Recreational season. (9) Recreational state conservation equivalent and precautionary default measures utilizing possession limits, minimum fish sizes, and/or seasons set after reductions for research quota. (10) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (11) Modification of existing accountability measures and ACT control rules utilized by the Monitoring Committee. (b) Specification fishing measures. (c) After such review, the Regional Administrator will publish a proposed rule in the Federal Register Federal Register. (1) Distribution of annual commercial quota. (ii) For years when the annual commercial quota is greater than 9,550,000 lb (4,332 mt), the quota up to this amount will be distributed as outlined in paragraph (c)(1)(i) of this section, and the additional quota above 9,550,000 lb (4,332 mt) will be distributed based upon the following percentages (state followed by percent share in parenthesis): Maine (0.333); New Hampshire (0.333); Massachusetts (12.375); Rhode Island (12.375); Connecticut (12.375); New York (12.375); New Jersey (12.375); Delaware (0.333); Maryland (12.375); Virginia (12.375); and North Carolina (12.375). (2) Quota transfers and combinations. (i) Within 10 working days following the receipt of the letter(s) from the states involved, the Regional Administrator shall notify the appropriate state officials of the disposition of the request. In evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider whether: (A) The transfer or combination would preclude the overall annual quota from being fully harvested; (B) The transfer addresses an unforeseen variation or contingency in the fishery; and (C) The transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Act. (ii) The transfer of quota or the combination of quotas will be valid only for the calendar year for which the request was made; (iii) A state may not submit a request to transfer quota or combine quotas if a request to which it is party is pending before the Regional Administrator. A state may submit a new request when it receives notice that the Regional Administrator has disapproved the previous request or when notice of the approval of the transfer or combination has been filed at the Office of the Federal Register. (iv) If there is a quota overage among states involved in the combination of quotas at the end of the fishing year, the overage will be deducted from the following year's quota for each of the states involved in the combined quota. The deduction will be proportional, based on each state's relative share of the combined quota for the previous year. A transfer of quota or combination of quotas does not alter any state's percentage share of the overall quota specified in paragraph (d)(1)(i) of this section. (d) Recreational specification measures. (1) Coastwide measures. (2) Conservation equivalent measures. i.e., (i) After review of the recommendations, the Regional Administrator will publish a proposed rule in the Federal Register (ii) The ASMFC will review conservation equivalency proposals and determine whether or not they achieve the necessary recreational target. The ASMFC will provide the Regional Administrator with the individual State and/or multi-State region conservation measures for the approved State and/or multi-State region proposals and, in the case of disapproved State and/or multi-State region proposals, the precautionary default measures that should be applied to a State or region. At the request of the ASMFC, precautionary default measures would apply to federally permitted party/charter vessels and other recreational fishing vessels harvesting summer flounder in or from the EEZ when landing in a State that implements measures not approved by the ASMFC. (iii) After considering public comment, the Regional Administrator will publish a final rule in the Federal Register (iv) The ASMFC may allow states or regions assigned the precautionary default measures to resubmit revised management measures. The ASMFC will detail the procedures by which the State or region can develop alternate measures. The ASMFC will notify the Regional Administrator of any resubmitted State or regional proposals approved subsequent to publication of the final rule and the Regional Administrator will publish a document in the Federal Register (e) Research quota. [76 FR 60626, Sept. 29, 2011, as amended at 76 FR 81849, Dec. 29, 2011; 80 FR 37196, June 30, 2015; 84 FR 65702, Nov. 29, 2019; 85 FR 36803, June 18, 2020; 85 FR 80666, Dec. 14, 2020; 88 FR 14507, Mar. 9, 2023; 91 FR 22765, 22772, Apr. 28, 2026] § 648.103 Summer flounder accountability measures. (a) Commercial sector EEZ closure. Federal Register (b) State commercial landing quotas. Federal Register (1) Commercial ACL overage evaluation. (2) Commercial landings overage repayment. Federal Register (3) Non-landing accountability measure. (i) Overfishing, rebuilding, or unknown stock status. MSY i.e., MSY MSY (ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. MSY MSY (A) If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM payback is required. (B) If the Commercial ACL and ABC have been exceeded, then a scaled single-year adjustment to the commercial ACT will be made, in the following fishing year. The ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the commercial catch and the commercial ACT, and the payback coefficient. The payback coefficient is the difference between the most recent estimate of biomass and B MSY i.e., MSY MSY (iii) If biomass is above MSY. MSY i.e., MSY (c) Recreational ACL Evaluation. (d) Recreational AMs. (1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are unknown. MSY i.e., MSY MSY (2) If biomass is above the threshold, but below 90% of the target, and the stock is not under rebuilding. MSY MSY (i) If fishing mortality (F) has not exceeded F MSY (or the proxy). F MSY (ii) If F has exceeded F MSY (or the proxy). F MSY (A) Adjustment to Recreational ACT. (B) Payback coefficient. MSY i.e., MSY MSY. If biomass is greater than or equal to 90 percent of B MSY (B/B MSY is 0.9 or greater). MSY i.e., MSY (i) If fishing mortality (F) has not exceeded F MSY (or the proxy). MSY (ii) If F has exceeded the F MSY (or the proxy). MSY (e) State/Federal disconnect AM. [76 FR 60628, Sept. 29, 2011, as amended at 78 FR 76763, Dec. 19, 2013; 83 FR 53826, Oct. 25, 2018; 88 FR 14508, Mar. 9, 2023; 91 FR 22772, Apr. 28, 2026] § 648.104 Summer flounder size requirements. (a) Moratorium (commercial) permitted vessels. (b) Party/charter permitted vessels and recreational fishery participants. (c) Measurement. e.g., [76 FR 60629, Sept. 29, 2011, as amended at 78 FR 37479, June 21, 2013; 82 FR 31494, July 7, 2017; 84 FR 65702, Nov. 29, 2019; 87 FR 35116, June 9, 2022; 88 FR 55418, Aug. 15, 2023; 89 FR 32378, Apr. 26, 2024] § 648.105 Summer flounder recreational fishing season. No person may fish for summer flounder in the EEZ from October 1 to May 7 unless that person is the owner or operator of a fishing vessel issued a commercial summer flounder moratorium permit, or is issued a summer flounder dealer permit, or unless otherwise specified in the conservation-equivalency measures at § 648.107. Persons aboard a commercial vessel that is not eligible for a summer flounder moratorium permit are subject to this recreational fishing season. This time period may be adjusted pursuant to the procedures in § 648.102. Possession of summer flounder harvested from state waters during this time is allowed for state-only permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at § 648.111 and abide by state regulations. [89 FR 32378, Apr. 26, 2024] § 648.106 Summer flounder possession restrictions. (a) Party/charter and recreational possession limits. (b) If whole summer flounder are processed into fillets, the number of fillets will be converted to whole summer flounder at the place of landing by dividing the fillet number by two. If summer flounder are filleted into single (butterfly) fillets, each fillet is deemed to be from one whole summer flounder. (c) Summer flounder harvested by vessels subject to the possession limit with more than one person on board may be pooled in one or more containers. Compliance with the possession limit will be determined by dividing the number of summer flounder on board by the number of persons on board, other than the captain and the crew. If there is a violation of the possession limit on board a vessel carrying more than one person, the violation shall be deemed to have been committed by the owner and operator of the vessel. (d) Commercially permitted vessel possession limits. 3 3 3 [76 FR 60629, Sept. 29, 2011, as amended at 78 FR 37479, June 21, 2013; 80 FR 35258, June 19, 2015; 82 FR 31494, July 7, 2017; 84 FR 65703, Nov. 29, 2019; 88 FR 55418, Aug. 15, 2023; 89 FR 32378, Apr. 26, 2024; 91 FR 22765, Apr. 28, 2026] § 648.107 Conservation equivalent measures for the summer flounder fishery. (a) The Regional Administrator has determined that the recreational fishing measures proposed to be implemented by the states of Maine through North Carolina for 2026 and 2027 are the conservation equivalent of the size limits, season, and possession limit prescribed in §§ 648.104(b), 648.105, and 648.106. This determination is based on a recommendation from the Summer Flounder, Scup, and Black Sea Bass Board of the Atlantic States Marine Fisheries Commission. (1) Federally permitted vessels subject to the recreational fishing measures of this part, and other recreational fishing vessels harvesting summer flounder in or from the EEZ and subject to the recreational fishing measures of this part, landing summer flounder in a state whose fishery management measures are determined by the Regional Administrator to be conservation equivalent shall not be subject to the more restrictive Federal measures, pursuant to the provisions of § 648.4(b). Those vessels shall be subject to the recreational fishing measures implemented by the state in which they land. (2) [Reserved] (b) Federally permitted vessels subject to the recreational fishing measures of this part, and other recreational fishing vessels registered in states and subject to the recreational fishing measures of this part, whose fishery management measures are not determined by the Regional Administrator to be the conservation equivalent of the season, size limits and possession limit prescribed in §§ 648.102, 648.103(b), and 648.105(a), respectively, due to the lack of, or the reversal of, a conservation equivalent recommendation from the Summer Flounder Board of the Atlantic States Marine Fisheries Commission shall be subject to the following precautionary default measures: Season—July 1 through August 31; minimum size—20 inches (50.8 cm); and possession limit—two fish. [79 FR 38264, July 7, 2014, as amended at 80 FR 35258, June 19, 2015; 81 FR 51378, Aug. 4, 2016; 82 FR 31494, July 7, 2017; 83 FR 24947, May 31, 2018; 84 FR 31745, July 3, 2019; 84 FR 65703, Nov. 29, 2019; 85 FR 36803, June 18, 2020; 86 FR 24361, May 6, 2021; 87 FR 35116, June 9, 2022; 88 FR 55418, Aug. 15, 2023; 89 FR 32378, Apr. 26, 2024; 91 FR 23183, Apr. 30, 2026] § 648.108 Summer flounder gear restrictions. (a) General. (2) Mesh size is measured by using an electronic Omega gauge or a wedge-shaped gauge. The Omega gauge has a measuring range of at least 10-300 mm (0.4 inches-11.81 inches), and shall be inserted into the meshes under a pressure or pull of 125 N or 12.75 kg for mesh greater than or equal to 55 mm (2.17 inches) and under a pressure or pull of 50 N or 5.10 kg for mesh less than 55 mm (2.17 inches). The wedge shaped gauge, with a taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of 2.3 mm (0.09 inches), shall be inserted into the meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh size is the average of the measurements of any series of 20 consecutive meshes for nets having 75 or more meshes, and 10 consecutive meshes for nets having fewer than 75 meshes, when using either the Omega gauge or the wedge-shaped gauge. The mesh in the regulated portion of the net is measured at least five meshes away from the lacings, running parallel to the long axis of the net. (b) Exemptions. (1) A vessel issued a summer flounder moratorium permit that meets the requirements of paragraph (b)(1)(ii) of this section, fishing from November 1 through April 30 in the Small-Mesh Exemption Area, as defined in paragraph (b)(1)(i) of this section. (i) Small-Mesh Exemption Area. Table 1 to Paragraph ( b i Point Latitude Longitude SMEA1 40°50.24′ N 72°30′ W SMEA2 40°48.04′ N 72°37′ W SMEA3 39°20′ N 72°37′ W SMEA4 39°4.38′ N 72°47.22′ W SMEA5 38°28.65′ N 73°29.37′ W SMEA6 38°29.72′ N 73°30.65′ W SMEA7 38°26.32′ N 73°33.44′ W SMEA8 38°13.15′ N 73°49.77′ W SMEA9 38°13.74′ N 73°50.73′ W SMEA10 38°11.98′ N 73°52.65′ W SMEA11 37°29.53′ N 74°29.95′ W SMEA12 37°29.43′ N 74°30.29′ W SMEA13 37°6.97′ N 74°40.8′ W SMEA14 37°5.83′ N 74°45.57′ W SMEA15 37°4.43′ N 74°41.03′ W SMEA16 37°3.5′ N 74°40.39′ W SMEA17 37° N 74°43′ W SMEA18 37° N 72°30′ W SMEA19 ( a 72°30′ W a (ii) Requirements. (B) The vessel must be enrolled in the exemption program for a minimum period, specified by the Regional Administrator, of up to 7 days. (C) The vessel may not fish for any species outside of the Small-Mesh Exemption Area, as described in paragraph (b)(1)(i) of this section, during the time the LOA is effective. Vessels may resume fishing outside the Small-Mesh Exemption Area once the LOA has expired. Vessels may withdraw from the SMEP before the LOA expiration date in accordance with the terms outlined in the LOA. Vessels participating in the Small-Mesh Exemption Program in accordance with this section and § 648.4(a)(3)(iii) may transit the area west or south of the Small-Mesh Exemption Area if the vessel's fishing gear is stowed in a manner prescribed under § 648.108(e), so that it is not “available for immediate use” outside the exemption area. (iii) Evaluation and Termination. Federal Register, (2) A vessel fishing with an otter trawl fly net with the following configuration is exempt from the summer flounder minimum mesh size requirements, provided the vessel documents use of a flynet on its Vessel Trip Report (VTR) and has no other nets or netting with mesh smaller than 5.5 inches (14.0 cm) on board: (i) Configuration. (B) The first body section (belly) of the net has at least 280 inches (711.2 cm) of mesh behind the sweep where the mesh size is at least 8 inches (20.3 cm). (C) The mesh decreases in size throughout the body of the net toward the codend. (ii) Evaluation and termination. Federal Register, (c) Net modifications. (d) Mesh obstruction or constriction. (2) No person on any vessel may possess or fish with a net capable of catching summer flounder in which the bars entering or exiting the knots twist around each other. (e) Stowage of nets. (f) The minimum net mesh requirement may apply to any portion of the net. The minimum mesh size and the portion of the net regulated by the minimum mesh size may be adjusted pursuant to the procedures in § 648.102. [76 FR 60629, Sept. 29, 2011, as amended at 79 FR 52583, Sept. 4, 2014; 81 FR 51378, Aug. 4, 2016; 88 FR 7628, Feb. 6, 2023; 91 FR 22765, Apr. 28, 2026] § 648.109 Sea turtle conservation. Sea turtle regulations are found at 50 CFR parts 222 and 223. [76 FR 60630, Sept. 29, 2011] § 648.110 Summer flounder framework adjustments to management measures. (a) Within season management action. (1) Adjustment process. (2) MAFMC recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether the regulations would have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of recommended management measures; (iii) Whether there is an immediate need to protect the resource; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) NMFS action. (i) NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors in paragraph (a)(2) of this section, the measures will be issued as a final rule in the Federal Register. (ii) If NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the non-concurrence. (4) Emergency actions. (b) [Reserved] [76 FR 60630, Sept. 29, 2011, as amended at 76 FR 1849, Dec.. 29, 2011; 80 FR 37196, June 30, 2015; 87 FR 68929, Nov. 17, 2022] § 648.111 Block Island Sound Transit Area. (a) Vessels not issued a summer flounder Federal moratorium or party/charter permit, and recreational fishing participants fishing exclusively in state waters may transit with summer flounder harvested from state waters on board through Federal waters of the EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within this area, possession of summer flounder is permitted regardless of the minimum or maximum size (as applicable), possession limit, and seasons outlined in §§ 648.104, 648.105, and 648.106, provided no fishing takes place from the vessel while in Federal waters of the EEZ, the vessel complies with state regulations, and is in continuous transit. During such transit through this area, commercial gear must be stowed in accordance with the definition of “not available for immediate use” found at § 648.2, and party/charter vessels and recreational participants must have all bait and hooks removed from fishing rods, and any summer flounder on board must be stored in a cooler or container. (b) The requirements of this transit zone are not necessary or applicable for recreational fishery participants during years when conservation equivalency has been adopted under § 648.107 conservation equivalency measures and recreational Federal measures are waived. [84 FR 65703, Nov. 29, 2019] Subpart H—Management Measures for the Scup Fishery Source: 61 FR 43426, Aug. 23, 1996, unless otherwise noted. § 648.120 Scup Annual Catch Limit (ACL). (a) Annual catch limits. (1) Sector allocations. (2) Periodicity. (b) Performance review. (1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent ( i.e., (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that the scup stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded but may be conducted in conjunction with such reviews. [76 FR 60631, Sept. 29, 2011, as amended at 87 FR 68930, Nov. 17, 2022; 88 FR 14508, Mar. 9, 2023; 91 FR 22466, Apr. 27, 2026] § 648.121 Scup Annual Catch Target (ACT). (a) Annual catch targets. (1) Sectors. (2) Periodicity. (b) Performance review. [76 FR 60631, Sept. 29, 2011], as amended at 88 FR 14509, Mar. 9, 2023 § 648.122 Scup specifications. (a) Commercial quota, recreational landing limits, research set-asides, and other specification measures. (1) Research quota set from a range of 0 to 3 percent of the maximum allowed to achieve the specified exploitation rate. (2) The commercial quota for each of the three periods specified in paragraph (c)(1) of this section for research quota. (3) Possession limits for the Winter I and Winter II periods, including possession limits that result from potential rollover of quota from Winter I to Winter II. The possession limit is the maximum quantity of scup that is allowed to be landed within a 24-hour period (calendar day). (4) Percent of landings attained at which the landing limit for the Winter I period will be reduced. (5) All scup landed for sale in any state during a quota period shall be applied against the coastwide commercial quota for that period, regardless of where the scup were harvested, except as provided in paragraph (c)(5) of this section. (6) Minimum mesh size. (7) Recreational possession limit set from a range of 0 to 50 scup. (8) Recreational minimum fish size. (9) Recreational season. (10) Restrictions on gear. (11) Season and area closures in the commercial fishery. (12) Total allowable landings on an annual basis for a period not to exceed 3 years. (13) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (14) Modification of existing AM measures and ACT control rules utilized by the Monitoring Committee. (b) Specification of fishing measures. Federal Register (c) Distribution of commercial quota. Period Percent Winter I—January-April 45.11 Summer—May-September 38.95 Winter II—October-December 15.94 (2) The commercial quotas for each period will each be distributed to the coastal states from Maine through North Carolina on a coastwide basis. (d) Winter I and II commercial quota adjustment procedures. Federal Register, Federal Register, (e) Research quota. [76 FR 60631, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37196, June 30, 2015; 83 FR 17315, Apr. 19, 2018; 88 FR 14509, Mar. 9, 2023] § 648.123 Scup accountability measures. (a) Commercial sector period closures. Federal Register (1) Commercial ACL overage evaluation. (2) Commercial landings overage repayment by quota period. (ii) For the Winter I and Summer quota periods, landings in excess of the allocation will be deducted from the appropriate quota period for the following year in the final rule that establishes the annual quota. The overage deduction will be based on landings for the current year through September 30 and on landings for the previous calendar year that were not included when the overage deduction was made in the final rule that established the period quotas for the current year. If the Regional Administrator determines during the fishing year that any part of an overage deduction was based on erroneous landings data that were in excess of actual landings for the period concerned, he/she will restore the overage that was deducted in error to the appropriate quota allocation. The Regional Administrator will publish notification in the Federal Register (iii) For the Winter II quota period, landings in excess of the allocation will be deducted from the Winter II period for the following year through notification in the Federal Register Federal Register (iv) During a fishing year in which the Winter I quota period is closed prior to April 15, a state may apply to the Regional Administrator for authorization to count scup landed for sale in that state from April 15 through April 30 by state-only permitted vessels fishing exclusively in waters under the jurisdiction of that state against the Summer period quota. Requests to the Regional Administrator to count scup landings in a state from April 15 through April 30 against the Summer period quota must be made by letter signed by the principal state official with marine fishery management responsibility and expertise, or his/her designee, and must be received by the Regional Administrator no later than April 15. Within 10 working days following receipt of the letter, the Regional Administrator shall notify the appropriate state official of the disposition of the request. (b) Non-landing accountability measure. (1) Overfishing, rebuilding, or unknown stock status. MSY i.e., MSY MSY (2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. MSY MSY (i) If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM payback is required. (ii) If the Commercial ACL and ABC have been exceeded, then a scaled single-year adjustment to the commercial ACT will be made, in the following fishing year. The ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the commercial catch and the commercial ACT, and the payback coefficient. The payback coefficient is the difference between the most recent estimate of biomass and B MSY i.e., MSY MSY (3) If biomass is above MSY. MSY i.e., MSY (c) Recreational ACL. (d) Recreational AMs. (1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are unknown. MSY i.e., MSY MSY (2) If biomass is above the threshold, but below 90 percent of the target, and the stock is not under rebuilding. MSY MSY (i) If fishing mortality (F) has not exceeded F MSY (or the proxy). MSY (ii) If F has exceeded F MSY (or the proxy). MSY (A) Adjustment to Recreational ACT. If an adjustment to the following year's Recreational ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the most recent 3-year average recreational catch and the most recent 3-year recreational ACL, and the payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. This payback may be evenly spread over 2 years if doing so allows for use of identical recreational management measures across the upcoming 2 years. (B) Payback coefficient. MSY i.e., MSY MSY. If biomass is greater than or equal to 90 percent of the biomass target (B/B MSY is 0.9 or greater). MSY i.e., MSY (i) If fishing mortality (F) has not exceeded F MSY (or the proxy). MSY (ii) If F has exceeded the F MSY (or the proxy) MSY (e) State/Federal disconnect AM. [76 FR 60632, Sept. 29, 2011, as amended at 78 FR 76763, Dec. 19, 2013; 83 FR 17315, Apr. 19, 2018; 83 FR 53827, Oct. 25, 2018; 88 FR 14509, Mar. 9, 2023; 91 FR 22773, Apr. 28, 2026] § 648.124 Scup commercial season and commercial fishery area restrictions. (a) Southern Gear Restricted Area Restrictions. Southern Gear Restricted Area Point Latitude Longitude SGA1 39°20′ N 72°37′ W. SGA2 39°4.38′ N 72°47.22′ W. SGA3 38°28.65′ N 73°29.37′ W. SGA4 38°29.72′ N 73°30.65′ W. SGA5 38°26.32′ N 73°33.44′ W. SGA6 38°25.08′ N 73°34.99′ W. SGA7 38°13.15′ N 73°49.77′ W. SGA8 38°13.74′ N 73°50.73′ W. SGA9 38°11.98′ N 73°52.65′ W. SGA10 37°29.53′ N 74°29.95′ W. SGA11 37°29.43′ N 74°30.29′ W. SGA12 37°28.6′ N 74°30.6′ W. SGA13 37°6.97′ N 74°40.8′ W. SGA14 37°5.83′ N 74°45.57′ W. SGA15 37°4.43′ N 74°41.03′ W. SGA16 37°3.5′ N 74°40.39′ W. SGA17 37° N 74°43′ W. SGA18 37° N 75°3′ W. SGA19 38° N 74°23′ W. SGA20 39°20′ N 72°53′ W. SGA1 39°20′ N 72°37′ W. (2) Non-exempt species. (b) Northern Gear Restricted Area 1 Restrictions. Northern Gear Restricted Area 1 Point N. lat. W. long. NGA1 41°00′ 71°00′ NGA2 41°00′ 71°30′ NGA3 40°00′ 72°40′ NGA4 40°00′ 72°05′ NGA1 41°00′ 71°00′ (2) Non-exempt species. (c) Transiting. (d) [Reserved] (e) Addition or deletion of exemptions. (f) Exempted experimental fishing. (1) A vessel participating in an exempted experimental fishery in the Scup Gear Restriction Area(s) must carry an EFP authorizing the activity and any required Federal fishery permit on board. (2) The Regional Administrator may not issue an EFP unless s/he determines that issuance is consistent with the objectives of the FMP, the provisions of the Magnuson-Stevens Act, and other applicable law and will not: (i) Have a detrimental effect on the scup resource and fishery; (ii) Cause the quotas for any species of fish for any quota period to be exceeded; (iii) Create significant enforcement problems; or (iv) Have a detrimental effect on the scup discard mitigation research project. [76 FR 60633, Sept. 29, 2011, as amended at 77 FR 16480, Mar. 21, 2012; 79 FR 52580, Sept. 4, 2014; 81 FR 78731, Nov. 9, 2016] § 648.125 Scup gear restrictions. (a) Trawl vessel gear restrictions Minimum mesh size. (2) Mesh-size measurement. (3) Net modification. (4) Mesh obstruction or constriction. (ii) The owner or operator of a fishing vessel subject to the minimum mesh requirements in § 648.124 and in paragraph (a)(1) of this section may not use a net capable of catching scup if the bars entering or exiting the knots twist around each other. (5) Stowage of nets. (6) Roller gear. (7) Procedures for changes. (b) Pot and trap gear restrictions. (1) Degradable hinges. (i) Untreated hemp, jute, or cotton string of 3/16 (ii) Magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or (iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) diameter or smaller. (iv) The use of a single non-degradable retention device designed to prevent loss of the ghost panel after the degradable materials have failed is permitted provided the device does not impair the egress design function of the ghost panel by obstructing the opening or by preventing the panel from opening at such time that the degradable fasteners have completely deteriorated. (2) Escape vents. (ii) The minimum escape vent size set forth in paragraph (b)(2)(i) of this section may be revised following the procedures in § 648.122. (3) Pot and trap identification. [76 FR 60634, Sept. 29, 2011, as amended at 79 FR 52580, Sept. 4, 2014; 81 FR 51378, Aug. 4, 2016; 83 FR 17315, Apr. 19, 2018; 83 FR 64487, Dec. 17, 2018; 88 FR 7628, Feb. 6, 2023] § 648.126 Scup minimum fish sizes. (a) Moratorium (commercially) permitted vessels. (b) Party/Charter permitted vessels and recreational fishery participants. (c) The minimum size applies to whole fish or any part of a fish found in possession, e.g., fillets. These minimum sizes may be adjusted pursuant to the procedures in § 648.122. [76 FR 60635, Sept. 29, 2011, as amended at 78 FR 37480, June 21, 2013; 79 FR 38264, July 7, 2014; 84 FR 65703, Nov. 29, 2019; 87 FR 35116, June 9, 2022] § 648.127 Scup recreational fishing season. Fishermen and vessels that are not eligible for a scup moratorium permit under § 648.4(a)(6), may possess scup from January 1 through December 31, subject to the possession limit specified in § 648.128(a). The recreational fishing season may be adjusted pursuant to the procedures in § 648.122. Should the recreational fishing season be modified, non-federally permitted scup vessels abiding by state regulations may transit

with scup harvested from state waters on board through the Block Island Sound Transit Area following the provisions outlined in § 648.131. [88 FR 88269, Dec. 21, 2023] § 648.128 Scup possession restrictions. (a) No person shall possess more than 40 scup in, or harvested from, the EEZ per trip unless that person is the owner or operator of a fishing vessel issued a scup moratorium permit, or is issued a scup dealer permit. Persons aboard a commercial vessel that is not eligible for a scup moratorium permit are subject to this possession limit. The owner, operator, and crew of a charter or party boat issued a scup moratorium permit are subject to the possession limit when carrying passengers for hire or when carrying more than five crew members for a party boat, or more than three crew members for a charter boat. This possession limit may be adjusted pursuant to the procedures in § 648.122. However, possession of scup harvested from state waters above this possession limit is allowed for state-only permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at § 648.131 and abide by state regulations. (b) If whole scup are processed into fillets, an authorized officer will convert the number of fillets to whole scup at the place of landing by dividing fillet number by 2. If scup are filleted into a single (butterfly) fillet, such fillet shall be deemed to be from one whole scup. (c) Scup harvested by vessels subject to the possession limit with more than one person aboard may be pooled in one or more containers. Compliance with the possession limit will be determined by dividing the number of scup on board by the number of persons aboard other than the captain and crew. If there is a violation of the possession limit on board a vessel carrying more than one person, the violation shall be deemed to have been committed by the owner and operator. (d) Scup and scup parts harvested by a vessel with a moratorium or charter or party boat scup permit, or in or from the EEZ north of 35°15.3′ N. lat., may not be landed with the skin removed. [76 FR 60635, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 78 FR 37480, June 21, 2013; 80 FR 35258, June 19, 2015; 84 FR 65703, Nov. 29, 2019; 88 FR 55419, Aug. 15, 2023] § 648.129 Protection of threatened and endangered sea turtles. This section supplements existing regulations issued to regulate incidental take of sea turtles under authority of the Endangered Species Act under 50 CFR parts 222 and 223. In addition to the measures required under those parts, NMFS will investigate the extent of sea turtle takes in flynet gear and, if deemed appropriate, may develop and certify a Turtle Excluder Device for that gear. [76 FR 60635, Sept. 29, 2011] § 648.130 Scup framework adjustments to management measures. (a) Within season management action. (1) Adjustment process. (2) MAFMC recommendation. (3) NMFS action. (4) Emergency actions. (b) [Reserved] [76 FR 60635, Sept. 29, 2011, as amended at 80 FR 37196, June 30, 2015; 87 FR 68930, Nov. 17, 2022] § 648.131 Block Island Sound Transit Area. Vessels not issued a scup Federal moratorium or party/charter permit, and recreational fishing participants fishing exclusively in state waters may transit with scup harvested from state waters on board through Federal waters of the EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within this area, possession of scup is permitted regardless of the minimum size, possession limit, and seasons outlined in §§ 648.126, 648.127, and 648.128, provided no fishing takes place from the vessel while in Federal waters of the EEZ, the vessel complies with state regulations, and is in continuous transit. During such transit through this area, commercial gear must be stowed in accordance with the definition of “not available for immediate use” found at § 648.2, and party/charter vessels and recreational participants must have all bait and hooks removed from fishing rods, and any scup on board must be stored in a cooler or container. [84 FR 65703, Nov. 29, 2019] Subpart I—Management Measures for the Black Sea Bass Fishery Source: 61 FR 58467, Nov. 15, 1996, unless otherwise noted. § 648.140 Black sea bass Annual Catch Limit (ACL). (a) Annual Catch Limits. (1) Sector allocations. (2) Periodicity. (b) Performance review. (1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent ( i.e., (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that the black sea bass stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded but may be conducted in conjunction with such reviews. [76 FR 60636, Sept. 29, 2011, as amended at 87 FR 68930, Nov. 17, 2022; 88 FR 14509, Mar. 9, 2023; 91 FR 22466, Apr. 27, 2026] § 648.141 Black sea bass Annual Catch Target (ACT). (a) Annual Catch Targets. (1) Sectors. (2) Periodicity. (b) Performance review. [76 FR 60636, Sept. 29, 2011, as amended at 88 FR 14510, Mar. 9, 2023] § 648.142 Black sea bass specifications. (a) Specifications. (1) Research quota set from a range of 0 to 3 percent of the maximum allowed. (2) A commercial quota, allocated annually. (3) A commercial possession limit for all moratorium vessels, with the provision that these quantities be the maximum allowed to be landed within a 24-hour period (calendar day). (4) Commercial minimum fish size. (5) Minimum mesh size in the codend or throughout the net and the catch threshold that will require compliance with the minimum mesh requirement. (6) Escape vent size. (7) A recreational possession limit. (8) Recreational minimum and/or maximum fish size. (9) Recreational season. (10) Recreational State conservation equivalent and precautionary default measures utilizing possession limits, minimum fish sizes, and/or seasons. (11) Restrictions on gear other than otter trawls and pots or traps. (12) Total allowable landings on an annual basis for a period not to exceed 3 years. (13) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (14) Modification of the existing AM measures and ACT control rules utilized by the Black Sea Bass Monitoring Committee. (15) A commercial quota overage buffer, of up to 5 percent, that would be used to determine when a Federal in-season closure would be triggered. (b) Specification fishing measures. Federal Register (c) Distribution of annual commercial quota. (d) Recreational specification measures. (1) Coastwide measures. (2) Conservation equivalent measures. i.e., (i) After review of the recommendations, the Regional Administrator will publish a proposed rule in the Federal Register (ii) The ASMFC will review conservation equivalency proposals and determine whether or not they achieve the necessary recreational target. The ASMFC will provide the Regional Administrator with the individual State and/or multi-State region conservation measures for the approved State and/or multi-State region proposals and, in the case of disapproved State and/or multi-State region proposals, the precautionary default measures that should be applied to a State or region. At the request of the ASMFC, precautionary default measures would apply to federally permitted party/charter vessels and other recreational fishing vessels harvesting black sea bass in or from the EEZ when landing in a State that implements measures not approved by the ASMFC. (iii) After considering public comment, the Regional Administrator will publish a final rule in the Federal Register (iv) The ASMFC may allow states or regions assigned the precautionary default measures to resubmit revised management measures. The ASMFC will detail the procedures by which the State or region can develop alternate measures. The ASMFC will notify the Regional Administrator of any resubmitted State or regional proposals approved subsequent to publication of the final rule and the Regional Administrator will publish a document in the Federal Register (e) Research quota. [84 FR 65704, Nov. 29, 2019; 88 FR 14510, Mar. 9, 2023; 89 FR 79783, Oct. 1, 2024] § 648.143 Black sea bass accountability measures. (a) Commercial sector fishery closure. Federal Register (1) Commercial ACL overage evaluation. (2) Commercial landings overage repayment. Federal Register (b) Non-landing accountability measure. (1) Overfishing, rebuilding, or unknown stock status. MSY i.e., MSY MSY (2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. MSY MSY (i) If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM payback is required. (ii) If the Commercial ACL and ABC have been exceeded, then a scaled single-year adjustment to the commercial ACT will be made, in the following fishing year. The ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the commercial catch and the commercial ACT, and the payback coefficient. The payback coefficient is the difference between the most recent estimate of biomass and B MSY i.e., MSY MSY (3) If biomass is above MSY. MSY i.e., MSY (c) Recreational ACL Evaluation. (d) Recreational AMs. (1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are unknown. MSY i.e., MSY MSY (2) If biomass is above the threshold, but below 90 percent of the biomass target, and the stock is not under rebuilding. MSY MSY (i) If fishing mortality (F) has not exceeded F MSY (or the proxy) MSY (ii) If F has exceeded F MSY (or the proxy) MSY (A) Adjustment to Recreational ACT. If an adjustment to the following year's Recreational ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the most recent 3-year average recreational catch and the most recent 3-year recreational ACL, and the payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. This payback may be evenly spread over 2 years if doing so allows for use of identical recreational management measures across the upcoming 2 years. (B) Payback coefficient. MSY i.e., MSY MSY. If biomass is greater than or equal to 90 percent of the biomass target (B/B MSY is 0.9 or greater). MSY i.e., MSY (i) If fishing mortality (F) has not exceeded F MSY (or the proxy) MSY (ii) If F has exceeded the F MSY (or the proxy) MSY (e) State/Federal disconnect AM. [76 FR 60636, Sept. 29, 2011, as amended at 78 FR 76764, Dec. 19, 2013; 83 FR 53827, Oct. 25, 2018; 88 FR 14510, Mar. 9, 2023; 89 FR 79783, Oct. 1, 2024; 91 FR 22773, Apr. 28, 2026] § 648.144 Black sea bass gear restrictions. (a) Trawl gear restrictions General. (ii) Mesh sizes shall be measured pursuant to the procedure specified in § 648.108(a)(2). (2) Net modifications. (3) Mesh obstruction or constriction. (ii) No person on any vessel may possess or fish with a net capable of catching black sea bass in which the bars entering or exiting the knots twist around each other. (4) Stowage of nets. (5) Roller gear. (b) Pot and trap gear restrictions Gear marking. (2) All black sea bass traps or pots must have two escape vents placed in lower corners of the parlor portion of the pot or trap that each comply with one of the following minimum size requirements: 1.375 inches by 5.75 inches (3.49 cm by 14.61 cm); a circular vent of 2.5 inches (6.4 cm) in diameter; or a square vent with sides of 2 inches (5.1 cm), inside measure; however, black sea bass traps constructed of wooden laths instead may have escape vents constructed by leaving spaces of at least 1.375 inches (3.49 cm) between two sets of laths in the parlor portion of the trap. These dimensions for escape vents and lath spacing may be adjusted pursuant to the procedures in § 648.140. (3) Ghost panel. (A) Untreated hemp, jute, or cotton string of 3/16 (B) Magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or (C) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) diameter or smaller. (ii) The use of a single non-degradable retention device designed to prevent loss of the ghost panel after the degradable materials have failed is permitted, provided the device does not impair the egress design function of the ghost panel by obstructing the opening or by preventing the panel from opening at such time that the degradable fasteners have completely deteriorated. [76 FR 60637, Sept. 29, 2011, as amended at 79 FR 52583, Sept. 4, 2014; 84 FR 65705, Nov. 29, 2019] § 648.145 Black sea bass possession limit. (a) During the recreational fishing season specified at § 648.146, no person shall possess more than 5 black sea bass in, or harvested from, the EEZ per trip unless that person is the owner or operator of a fishing vessel issued a black sea bass moratorium permit, or is issued a black sea bass dealer permit, unless otherwise specified in the conservation equivalent measures described in § 648.151. Vessels landing black sea bass in a state with an approved Wave 1 recreational fishery are subject to the state regulations regarding possession limit during that Wave 1 fishery. Persons aboard a commercial vessel that is not eligible for a black sea bass moratorium permit may not retain more than 5 black sea bass during the recreational fishing season specified at § 648.146. The owner, operator, and crew of a charter or party boat issued a black sea bass moratorium permit are subject to the possession limit when carrying passengers for hire or when carrying more than five crew members for a party boat, or more than three crew members for a charter boat. This possession limit may be adjusted pursuant to the procedures in § 648.142. However, possession of black sea bass harvested from state waters above this possession limit is allowed for state-only permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at § 648.150 and abide by state regulations. (b) If whole black sea bass are processed into fillets, an authorized officer will convert the number of fillets to whole black sea bass at the place of landing by dividing fillet number by two. If black sea bass are filleted into a single (butterfly) fillet, such fillet shall be deemed to be from one whole black sea bass. (c) Black sea bass harvested by vessels subject to the possession limit with more than one person aboard may be pooled in one or more containers. Compliance with the possession limit will be determined by dividing the number of black sea bass on board by the number of persons aboard, other than the captain and the crew. If there is a violation of the possession limit on board a vessel carrying more than one person, the violation shall be deemed to have been committed by the owner and operator of the vessel. (d) Owners or operators of otter trawl vessels issued a moratorium permit under § 648.4(a)(7) and fishing with, or possessing on board, nets or pieces of net that do not meet the minimum mesh requirements specified in § 648.144(a) and that are not stowed in accordance with § 648.144(a)(4) may not retain more than 500 lb (226.8 kg) of black sea bass from January 1 through March 31, or more than 100 lb (45.4 kg) of black sea bass from April 1 through December 31. Black sea bass on board these vessels shall be stored so as to be readily available for inspection in a standard 100-lb (45.4-kg) tote. [76 FR 60638, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 78 FR 37480, June 21, 2013; 79 FR 38265, July 7, 2014; 80 FR 35259, June 19, 2015; 84 FR 65705, Nov. 29, 2019; 87 FR 35116, June 9, 2022; 88 FR 15, Jan. 3, 2023] § 648.146 Black sea bass recreational fishing season. Vessels that are not eligible for a black sea bass moratorium permit under § 648.4(a)(7), and fishermen subject to the possession limit specified in § 648.145(a), may possess black sea bass only from May 15 through September 30, unless otherwise specified in the conservation equivalent measures described in § 648.151 or unless this time period is adjusted pursuant to the procedures in § 648.142. However, possession of black sea bass harvested from state waters outside of this season is allowed for state-only permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at § 648.151 and abide by state regulations. Vessels landing black sea bass in a state with an approved Wave 1 recreational fishery are subject to the state regulations regarding fishing season during that Wave 1 fishery. [91 FR 23183, Apr. 30, 2026] § 648.147 Black sea bass size requirements. (a) Moratorium (commercially) permitted vessels. (b) Party/Charter permitted vessels and recreational fishery participants. [76 FR 60638, Sept. 29, 2011, as amended at ; 84 FR 65705, Nov. 29, 2019; 87 FR 35116, June 9, 2022; 88 FR 15, Jan. 3, 2023; 88 FR 55419, Aug. 15, 2023; 91 FR 23184, Apr. 30, 2026] § 648.148 Special management zones. (a) General. (1) Evaluation criteria. (i) Fairness and equity; (ii) Promotion of conservation; (iii) Avoidance of excessive shares; (iv) Consistency with the objectives of Amendment 9 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, the Magnuson-Stevens Act, and other applicable law; (v) The natural bottom in and surrounding potential SMZs; and (vi) Impacts on historical uses. (2) The MAFMC Chairman may schedule meetings of MAFMC's industry advisors and/or the SSC to review the report and associated documents and to advise the MAFMC. The MAFMC Chairman may also schedule public hearings. (3) The MAFMC, following review of the SMZ monitoring team's report, supporting data, public comments, and other relevant information, may recommend to the Regional Administrator that an SMZ be approved. Such a recommendation will be accompanied by all relevant background information. (4) The Regional Administrator will review the MAFMC's recommendation. If the Regional Administrator concurs in the recommendation, he or she will publish a proposed rule in the Federal Register (5) The proposed rule to establish an SMZ shall afford a reasonable period for public comment. Following a review of public comments and any information or data not previously available, the Regional Administrator will publish a final rule if he or she determines that the establishment of the SMZ is supported by the substantial weight of evidence in the record and consistent with the Magnuson-Stevens Act and other applicable law. (b) Approved/Established SMZs Delaware Special Management Zone Areas. (i) Delaware artificial reef #9. Point Corner N Latitude W Longitude 1 9SE 38°39.972′ 74°59.298′ 2 9SW 38°40.05′ 75°0.702′ 3 9NW 38°40.848′ 75°0.402′ 4 9NE 38°40.8′ 74°58.902′ 5 9SE 38°39.972′ 74°59.298′ (ii) Delaware artificial reef #10. Point Corner N Latitude W Longitude 1 10SE 38°36.198′ 74°55.674′ 2 10SW 38°36.294′ 74°57.15′ 3 10NW 38°37.098′ 74°56.802′ 4 10NE 38°37.002′ 74°55.374′ 5 10SE 38°36.198′ 74°55.674′ (iii) Delaware artificial reef #11. Point Corner N Latitude W Longitude 1 11SE 38°39.882′ 74°43.05′ 2 11SW 38°40.002′ 74°44.802′ 3 11NW 38°40.848′ 74°44.502′ 4 11NE 38°40.752′ 74°42.75′ 5 11SE 38°39.882′ 74°43.05′ (iv) Delaware artificial reef #13. Point Corner N Latitude W Longitude 1 13SE 38°30.138′ 74°30.582′ 2 13SW 38°30.222′ 74°31.5′ 3 13NW 38°31.614′ 74°30.864′ 4 13NE 38°31.734′ 74°30.018′ 5 13SE 38°30.138′ 74°30.582′ (2) New Jersey Special Management Zone Areas. (i) Sea Girt Reef Site. Point N Latitude W Longitude NE Corner 40°08.22′ 73°55.52′ ME Corner 40°07.30′ 73°56.67′ SE Corner 40°06.13′ 73°57.12′ SW Corner 40°06.17′ 73°57.57′ MW Corner 40°07.48′ 73°57.15′ NW Corner 40°08.63′ 73°55.73′ NE Corner 40°08.22′ 73°55.52′ (ii) Garden State North Reef Site. Point N Latitude W Longitude NE Corner 39°38.05′ 74°00.70 SE Corner 39°37.05′ 74°01.00′ SW Corner 39°37.00′ 74°02.50′ NW Corner 39°37.98′ 74°02.20′ NE Corner 39°38.05′ 74°00.70′ (iii) Garden State South Reef Site. Point N Latitude W Longitude NE Corner 39°33.82′ 74°05.75′ SE Corner 39°33.33′ 74°05.85′ SW Corner 39°33.33′ 74°07.35′ NW Corner 39°33.80′ 74°07.20′ NE Corner 39°33.82′ 74°05.75′ (iv) Little Egg Reef Site. Point N Latitude W Longitude NE Corner 39°29.00′ 74°10.00′ SE Corner 39°28.00′ 74°10.00′ SW Corner 39°28.00′ 74°12.00′ NW Corner 39°29.00′ 74°12.00′ NE Corner 39°29.00′ 74°10.00′ (v) Atlantic City Reef Site. Point N Latitude W Longitude NE Corner 39°16.90′ 74°15.28′ SE Corner 39°13.93′ 74°11.80′ SW Corner 39°13.30′ 74°12.70′ NW Corner 39°16.22′ 74°16.18′ NE Corner 39°16.90′ 74°15.28′ (vi) Great Egg Reef Site. Point N Latitude W Longitude NE Corner 39°15.00′ 74°21.00′ SE Corner 39°14.00′ 74°21.00′ SW Corner 39°14.00′ 74°22.00′ NW Corner 39°15.00′ 74°22.00′ NE Corner 39°15.00′ 74°21.00′ (vii) Ocean City Reef Site. Point N Latitude W Longitude NE Corner 39°10.75′ 74°32.45′ SE Corner 39°09.40′ 74°34.62′ SW Corner 39°09.82′ 74°34.97′ NW Corner 39°11.10′ 74°32.85′ NE Corner 39°10.75′ 74°32.45′ (viii) Shark River Reef Site. Point N Latitude W Longitude NE Corner 40°07.33′ 73°41.08′ SE Corner 40°06.20′ 73°41.08′ SW Corner 40°06.20′ 73°41.80′ NW Corner 40°07.33′ 73°41.80′ NE Corner 40°07.33′ 73°41.08′ (ix) Barnegat Light Reef Site. Point N Latitude W Longitude NE Corner 39°45.87′ 74°01.10′ SE Corner 39°44.62′ 74°01.10′ SW Corner 39°44.62′ 74°01.95′ NW Corner 39°45.87′ 74°01.95′ NE Corner 39°45.87′ 74°01.10′ (x) Wildwood Reef Site. Point N Latitude W Longitude NE Corner 38°57.85′ 74°39.70′ SE Corner 38°56.58′ 74°41.40′ SW Corner 38°57.55′ 74°42.60′ NW Corner 38°58.80′ 74°40.90′ NE Corner 38°57.85′ 74°39.70′ (xi) Deepwater Reef Site. Point N Latitude W Longitude NE Corner 38°59.00′ 74°10.50′ SE Corner 38°58.00′ 74°10.50′ SW Corner 38°58.00′ 74°11.50′ NW Corner 38°59.00′ 74°11.50′ NE Corner 38°59.00′ 74°10.50′ (xii) Cape May Reef Site. Point N Latitude W Longitude NE Corner 38°53.45′ 74°39.43′ SE Corner 38°50.07′ 74°42.25′ SW Corner 38°50.67′ 74°43.25′ NW Corner 38°53.97′ 74°40.62′ NE Corner 38°53.45′ 74°39.43′ (xiii) Townsend Inlet Reef Site. Point N Latitude W Longitude NE Corner 39°06.70′ 74°36.00′ SE Corner 39°06.25′ 74°36.00′ SW Corner 39°06.25′ 74°37.50′ NW Corner 39°06.70′ 74°37.50′ NE Corner 39°06.70′ 74°36.00′ [80 FR 32485, June 9, 2015, as amended at 83 FR 31692, July 9, 2018] § 648.149 Black sea bass framework adjustments to management measures. (a) Within season management action. (1) Adjustment process. (2) MAFMC recommendation. (3) Regional Administrator action. (4) Emergency actions. (b) [Reserved] [76 FR 60639, Sept. 29, 2011] § 648.150 Block Island Sound Transit Zone. (a) Vessels not issued a black sea bass Federal moratorium or party/charter permit, and recreational fishing participants fishing exclusively in state waters may transit with black sea bass harvested from state waters on board through Federal waters of the EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within this area, possession of black sea bass is permitted regardless of the minimum and/or maximum (as applicable) size, possession limit, and seasons outlined in §§ 648.145, 648.146, and 648.147, provided no fishing takes place from the vessel while in Federal waters of the EEZ, the vessel complies with state regulations, and is in continuous transit. During such transit through this area, commercial gear must be stowed in accordance with the definition of “not available for immediate use” found at § 648.2, and party/charter vessels and recreational participants must have all bait and hooks removed from fishing rods, and any black sea bass on board must be stored in a cooler or container. (b) The requirements of this transit zone are not necessary or applicable for recreational fishery participants during years when conservation equivalency has been adopted under conservation equivalency measures and recreational Federal measures are waived. [84 FR 65705, Nov. 29, 2019] § 648.151 Black sea bass conservation equivalency. (a) The Regional Administrator has determined that the recreational fishing measures proposed to be implemented by the states of Maine through North Carolina for 2026 and 2027 are the conservation equivalent of the season, size limits, and possession limit prescribed in §§ 648.146, 648.147(b), and 648.145(a). This determination is based on a recommendation from the Summer Flounder, Scup, and Black Sea Bass Board of the Atlantic States Marine Fisheries Commission. (1) Federally permitted vessels subject to the recreational fishing measures of this part, and other recreational fishing vessels harvesting black sea bass in or from the EEZ and subject to the recreational fishing measures of this part, landing black sea bass in a state whose fishery management measures are determined by the Regional Administrator to be conservation equivalent shall not be subject to the more restrictive Federal measures, pursuant to the provisions of § 648.4(b). Those vessels shall be subject to the recreational fishing measures implemented by the state in which they land. (2) [Reserved] (b) Federally permitted vessels subject to the recreational fishing measures of this part, and other recreational fishing vessels registered in states and subject to the recreational fishing measures of this part, whose fishery management measures are not determined by the Regional Administrator to be the conservation equivalent of the season, size limits and possession limit prescribed in §§ 648.146, 648.147(b), and 648.145(a), respectively, due to the lack of, or the reversal of, a conservation-equivalent recommendation from the Summer Flounder, Scup, and Black Sea Bass Board of the Atlantic States Marine Fisheries Commission shall be subject to the following precautionary default measures: Season—June 1 through August 31; minimum size—16 inches (40.64 cm); and possession limit—2 fish. [90 FR 27257, June 26, 2025, as amended at 91 FR 23184, Apr. 30, 2026] Subpart J—Management Measures for the Atlantic Bluefish Fishery Source: 65 FR 45852, July 26, 2000, unless otherwise noted. § 648.160 Bluefish Annual Catch Limit (ACL). (a) The Bluefish Monitoring Committee shall recommend to the MAFMC an ACL for the bluefish fishery, which shall not exceed the ABC recommended by the SSC. (1) Periodicity. (2) [Reserved] (b) Performance review. (1) If the ACL is exceeded with a frequency greater than 25 percent ( i.e., (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following the determination that the bluefish stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews. [76 FR 60639, Sept. 29, 2011, as amended at 88 FR 14511, Mar. 9, 2023; 91 FR 22466, Apr. 27, 2026] § 648.161 Bluefish Sector ACLs and Annual Catch Targets (ACTs). (a) Sector ACLs and ACTs. (1) Sectors. (2) Management uncertainty. (3) Periodicity. (b) Performance review. [76 FR 60639, Sept. 29, 2011, as amended at 86 FR 66981, Nov. 24, 2021] § 648.162 Bluefish specifications. (a) Recommended measures. (1) A fishery-level ACT; (2) Research quota set from a range of 0 to 3 percent of TALs; (3) Commercial minimum fish size; (4) Minimum mesh size; (5) Recreational possession limit set from a range of 0 to 20 bluefish; (6) Recreational minimum fish size; (7) Recreational season; (8) Restrictions on gear other than otter trawls and gill nets; (9) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; and (10) Modification of existing AM measures and ACT control rules utilized by the Bluefish Monitoring Committee. (b) TAL. (1) Recreational harvest limit and commercial quota. (2) Sector quota transfer. (c) Annual fishing measures. Federal Register Federal Register (d) Distribution of annual commercial quota. (2) The allocation percentages in paragraph (d)(1) of this section will be phased in over a 7-year period beginning in 2022. The percent change in allocation from those prior to 2022 for each state is divided equally by seven, and will be applied incrementally each year until the final allocations listed in paragraph (d)(1) are in full effect for fishing year 2028. (e) Quota transfers and combinations. (1) Within 10 working days following the receipt of the letter(s) from the states involved, the Regional Administrator shall notify the appropriate state officials of the disposition of the request. In evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider whether: (i) The transfer or combination would preclude the overall annual quota from being fully harvested; (ii) The transfer addresses an unforeseen variation or contingency in the fishery; and (iii) The transfer is consistent with the objectives of the Bluefish FMP and Magnuson-Stevens Act. (2) The transfer of quota or the combination of quotas will be valid only for the calendar year for which the request was made. (3) A state may not submit a request to transfer quota or combine quotas if a request to which it is party is pending before the Regional Administrator. A state may submit a new request when it receives notification that the Regional Administrator has disapproved the previous request or when notification of the approval of the transfer or combination has been published in the Federal Register. (f) Revision of state allocation. Federal Register Federal Register (g) Research quota. [76 FR 60639, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015; 86 FR 66981, Nov. 24, 2021; 88 FR 14511, Mar. 9, 2023; 91 FR 23184, Apr. 30, 2026] § 648.163 Bluefish Accountability Measures (AMs). (a) ACL overage evaluation. (b) Commercial sector EEZ closure. Federal Register (c) State commercial landing quotas. Federal Register (1) Commercial landings overage repayment. § 648.162, (2) Combined quota overage. § 648.162(d)(1). (d) Recreational AM when the recreational ACL is exceeded and no sector-to-sector transfer of allowable landings has occurred. (1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are unknown. MSY i.e., MSY MSY (2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. MSY MSY (i) If the recreational ACL has been exceeded. (ii) If the fishing mortality (F) has exceeded FMSY (or the proxy). (A) Adjustment to Recreational ACT. paragraph (d)(2)(ii)(B) (B) Payback coefficient. MSY i.e., MSY MSY. (3) If biomass is above BMSY. i.e., (e) Effective January 1, 2028. (1) Recreational AM when the recreational ACL is exceeded. (i) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are unknown. MSY i.e., MSY MSY (ii) If biomass is above the threshold, but below 90 percent of the target, and the stock is not under rebuilding. MSY MSY (A) If fishing mortality (F) has not exceeded F MSY (or the proxy). MSY (B) If F has exceeded F MSY (or the proxy). MSY ( 1 Adjustment to Recreational ACT. 2 ( 2 Payback coefficient. MSY i.e., MSY MSY (iii) If biomass is greater than or equal to 90 percent of the biomass target (B MSY is 0.9 or greater). MSY i.e., MSY (A) If fishing mortality (F) has not exceeded F MSY (or the proxy). MSY (B) If F has exceeded F MSY (or the proxy). MSY (2) [Reserved] (f) AM for when the ACL is exceeded and a sector-to-sector transfer of allowable landings has occurred. (g) Non-landing AMs. (h) State/Federal disconnect AM. [91 FR 22774, Apr. 28, 2026] § 648.164 Bluefish possession restrictions. (a) Recreational possession limits. (1) Private recreational vessels. (2) For-hire vessels. (b) Pooling Catch. [76 FR 60641, Sept. 29, 2011, as amended at 85 FR 38798, June 29, 2020; 91 FR 7903, Feb. 19, 2026] Effective Date Note: At 91 FR 7903, Feb. 19, 2026, § 648.164 was amended by revising paragraphs (a)(1) and (2), effective Feb. 19, 2026 through Dec. 31, 2026. § 648.165 Bluefish minimum fish sizes. If the MAFMC determines through its annual review or framework adjustment process that minimum fish sizes are necessary to ensure that the fishing mortality rate is not exceeded, or to attain other FMP objectives, such measures will be enacted through the procedure specified in § 648.162(c) or 648.167. [76 FR 60641, Sept. 29, 2011] § 648.166 Bluefish gear restrictions. If the MAFMC determines through its annual review or framework adjustment process that gear restrictions are necessary to ensure that the ACL is not exceeded, or to attain other FMP objectives, such measures, subject to the gear other than trawls and gillnets restrictions in § 648.162 regarding specifications, will be enacted through the procedure specified in § 648.162(c) or 648.167. [76 FR 60641, Sept. 29, 2011] § 648.167 Bluefish framework adjustment to management measures. (a) Within-season management action. (1) Adjustment process. (2) MAFMC recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the MAFMC's recommended management measures; (iii) Whether there is an immediate need to protect the resource; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) Action by NMFS. (i) If NMFS concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors specified in paragraph (a)(2) of this section, the measures will be issued as a final rule in the Federal Register. (ii) If NMFS concurs with the MAFMC's recommendation and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the non-concurrence. (b) Emergency action. [76 FR 60641, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015] Subpart K—Management Measures for the Atlantic Herring Fishery Source: 72 FR 11277, Mar. 12, 2007, unless otherwise noted. § 648.200 Specifications. (a) The Atlantic Herring Plan Development Team (PDT) shall meet at least every 3 years, but no later than July of the year before new specifications are implemented, with the Atlantic States Marine Fisheries Commission's (Commission) Atlantic Herring Technical Committee (TC) to develop and recommend the following specifications for a period of 3 years for consideration by the New England Fishery Management Council's Atlantic Herring Oversight Committee: Overfishing Limit (OFL), Acceptable Biological Catch (ABC), Annual Catch Limit (ACL), Optimum yield (OY), domestic annual harvest (DAH), domestic annual processing (DAP), U.S. at-sea processing (USAP), border transfer (BT), the sub-ACL for each management area, including seasonal periods as specified at § 648.201(d) and modifications to sub-ACLs as specified at § 648.201(f), the amount to be set aside for the RSA (from 0 to 3 percent of the sub-ACL from any management area), and river herring and shad catch caps, as specified in § 648.201(a)(4). Recommended specifications shall be presented to the New England Fishery Management Council. (1) The PDT shall meet with the Commission's TC to review the status of the stock and the fishery and prepare a Stock Assessment and Fishery Evaluation (SAFE) report at least every 3 years. The Herring PDT will meet at least once during interim years to review the status of the stock relative to the overfishing definition if information is available to do so. When conducting a 3-year review and preparing a SAFE Report, the PDT/TC will recommend to the Council/Commission any necessary adjustments to the specifications for the upcoming 3 years. (2) If the Council determines, based on information provided by the PDT/TC or other stock-related information, that the specifications should be adjusted during the 3-year time period, it can do so through the same process outlined in this section during one or both of the interim years. (b) Guidelines. (1) OFL must be equal to catch resulting from applying the maximum fishing mortality threshold to a current or projected estimate of stock size. When the stock is not overfished and overfishing is not occurring, this is the fishing rate supporting maximum sustainable yield ( e.g., MSY 1/2 e.g., MSY e.g., MSY (2) ABC must be less than the OFL. The Council's Scientific and Statistical Committee (SSC) shall recommend ABC to the Council by applying the ABC control rule and considering scientific uncertainty. Scientific uncertainty, including, but not limited to, uncertainty around stock size estimates, variability around estimates of recruitment, and consideration of ecosystem issues, shall be considered when setting ABC. (3) ACL must be equal to or less than the ABC. Management uncertainty, which includes, but is not limited to, expected catch of herring in the New Brunswick weir fishery and the uncertainty around discard estimates of herring caught in Federal and state waters, shall be considered when setting the ACL. Catch in excess of the ACL shall trigger accountability measures (AMs), as described in § 648.201(a). (4) OY may not exceed OFL ( i.e., (5) DAH is comprised of DAP and BT. (6) River herring and shad catch caps may be allocated to the herring fishery by the following: Species, as defined in § 648.2, either separately or combined; area as specified in paragraph (f)(7) of this section; vessel permit; gear type; or any combination of these. (c) The Atlantic Herring Oversight Committee shall review the recommendations of the PDT and shall consult with the Commission's Herring Board. Based on these recommendations and any public comment received, the Herring Oversight Committee shall recommend to the Council appropriate specifications for a 3-year period. The Council shall review these recommendations and, after considering public comment, shall recommend appropriate 3-year specifications to NMFS. NMFS shall review the recommendations, consider any comments received from the Commission, and publish notification in the Federal Register (d) NMFS shall make a final determination concerning the specifications for Atlantic herring. Notification of the final specifications and responses to public comments shall be published in the Federal Register. (e) In-season adjustments. (f) Management areas. (1) Management Area 1 (Gulf of Maine): Point Latitude Longitude Note 1 41°58′ N 70° 00′ W 2 42°38′ N 70° 00′ W 3 42°53′ N 69° 40′ W 4 43°12′ N 69° 00′ W 5 43°40′ N 68° 00′ W 6 43°58′16.0314″ N 67° 21′26.157″ W ( 1 1 (2) Management Area 2 (South Coastal Area): (3) Management Area 3 (Georges Bank): (4) River Herring Monitoring/Avoidance Areas January-February River Herring Monitoring/Avoidance Areas. (A) January-February River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude JF1A 43°00′ N 71°00′ W JF1B 43°00′ N 70°30′ W JF1C 42°30′ N 70°30′ W JF1D 42°30′ N 71°00′ W JF1A 43°00′ N 71°00′ W (B) January-February River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude JF2A 42°00′ N 70°00′ W JF2B 42°00′ N 69°30′ W JF2C 41°30′ N 69°30′ W JF2D 41°30′ N 70°00′ W JF2A 42°00′ N 70°00′ W (C) January-February River Herring Monitoring/Avoidance Sub-Area 3. Point Latitude Longitude Note JF3A 41°30′ N 72°00′ W JF3B 41°30′ N 71°00′ W JF3C 40°30′ N 71°00′ W JF3D 40°30′ N 72°30′ W JF3E ( 1 72°30′ W ( 3 JF3F ( 2 72°00′ W ( 3 JF3A 41°30′ N 72°00′ W 1 2 3 (D) January-February River Herring Monitoring/Avoidance Sub-Area 4. Point Latitude Longitude Note JF4A 40°30′ N 74°00′ W JF4B 40°30′ N 72°30′ W JF4C 40°00′ N 72°30′ W JF4D 40°00′ N 72°00′ W JF4E 39°30′ N 72°00′ W JF4F 39°30′ N 73°30′ W JF4G 40°00′ N 73°30′ W JF4H 40°00′ N 74°00′ W ( 1 JF4A 40°30′ N 74°00′ W ( 1 1 (ii) March-April River Herring Monitoring/Avoidance Areas. (A) March-April River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude MA1A 43°00′ N 71°00′ W MA1B 43°00′ N 70°30′ W MA1C 42°30′ N 70°30′ W MA1D 42°30′ N 71°00′ W MA1A 43°00′ N 71°00′ W (B) March-April River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude MA2A 42°00′ N 70°00′ W MA2B 42°00′ N 69°30′ W MA2C 41°30′ N 69°30′ W MA2D 41°30′ N 70°00′ W MA2A 42°00′ N 70°00′ W (C) March-April River Herring Monitoring/Avoidance Sub-Area 3. Point Latitude Longitude Note MA3A 41°00′ N ( 1 MA3B 41°00′ N 71°00′ W MA3C 40°30′ N 71°00′ W MA3D 40°30′ N 71°30′ W MA3E 40°00′ N 71°30′ W MA3F 40°00′ N 72°30′ W MA3G ( 2 72°30′ W ( 3 MA3A 41°00′ N ( 1 ( 3 1 2 3 (D) March-April River Herring Monitoring/Avoidance Sub-Area 4. Point Latitude Longitude MA4A 40°00′ N 73°30′ W MA4B 40°00′ N 72°30′ W MA4C 39°00′ N 72°30′ W MA4D 39°00′ N 73°30′ W MA4A 40°00′ N 73°30′ W (E) March-April River Herring Monitoring/Avoidance Sub-Area 5. Point Latitude Longitude Note MA5A 40°30′ N 74°00′ W MA5B 40°30′ N 73°30′ W MA5C 40°00′ N 73°30′ W MA5D 40°00′ N 74°00′ W ( 1 MA5A 40°30′ N 74°00′ W ( 1 1 (iii) May-June River Herring Monitoring/Avoidance Areas. (A) May-June River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude MJ1A 44°00′ N 69°30′ W MJ1B 44°00′ N 69°00′ W MJ1C 43°30′ N 69°00′ W MJ1D 43°30′ N 69°30′ W MJ1A 44°00′ N 69°30′ W (B) May-June River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude MJ2A 42°00′ N 70°00′ W MJ2B 42°00′ N 69°30′ W MJ2C 41°30′ N 69°30′ W MJ2D 41°30′ N 70°00′ W MJ2A 42°00′ N 70°00′ W (iv) July-August River Herring Monitoring/Avoidance Areas. (A) July-August River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude Note JA1A 44°00′ N 70°00′ W JA1B 44°00′ N 69°30′ W JA1C 43°00′ N 69°30′ W JA1D 43°00′ N 70°00′ W ( 1 JA1A 44°00′ N 70°00′ W ( 1 1 (B) July-August River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude JA2A 44°00′ N 69°00′ W JA2B 44°00′ N 68°30′ W JA2C 43°30′ N 68°30′ W JA2D 43°30′ N 69°00′ W JA2A 44°00′ N 69°00′ W (v) September-October River Herring Monitoring/Avoidance Areas. (A) September-October River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude Note SO1A 44°30′ N 68°00′ W SO1B 44°30′ N ( 1 ( 2 SO1C 44°00′ N ( 3 ( 2 SO1D 44°00′ N 68°00′ W SO1A 44°30′ N 68°00′ W 1 2 3 (B) September-October River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude SO2A 43°00′ N 71°00′ W SO2B 43°00′ N 70°30′ W SO2C 42°30′ N 70°30′ W SO2D 42°30′ N 71°00′ W SO2A 43°00′ N 71°00′ W (vi) November-December River Herring Monitoring/Avoidance Areas. (A) November-December River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude Note ND1A 43°00′ N 71°00′ W ND1B 43°00′ N 70°00′ W ND1C 42°00′ N 70°00′ W ND1D 42°00′ N 69°30′ W ND1E 41°30′ N 69°30′ W ND1F 41°30′ N 70°00′ W ND1G ( 1 70°00′ W ( 3 ND1H 42°00′ N ( 2 ( 3 ND1I 42°00′ N 70°30′ W ND1J 42°30′ N 70°30′ W ND1K 42°30′ N 71°00′ W ND1A 43°00′ N 71°00′ W 1 2 3 (B) November-December River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude ND2A 41°30′ N 72°00′ W ND2B 41°30′ N 70°00′ W ND2C 40°30′ N 70°00′ W ND2D 40°30′ N 70°30′ W ND2E 41°00′ N 70°30′ W ND2F 41°00′ N 72°00′ W ND2A 41°30′ N 72°00′ W (5) Gulf of Maine Modified Haddock Stock Area. Point Latitude Longitude Note A ( 1 67°00′ W B ( 2 67°00′ W ( 3 C 42°20′ N ( 4 ( 3 D 42°20′ N 70°00′ W E ( 5 70°00′ W ( 6 A ( 1 67°00′ W ( 6 1 2 3 4 5 6 (6) Georges Bank Modified Haddock Stock Area. Point Latitude Longitude Note A 42°20′ N 70°00′ W B 42°20′ N ( 1 ( 2 C 40°30′ N ( 3 ( 2 D 40°30′ N 66°40′ W E 39°50′ N 66°40′ W F 39°50′ N 70°00′ W ( 4 A 42°20′ N 70°00′ W ( 4 1 2 3 4 (7) River herring and shad catch cap areas Gulf of Maine Catch Cap Area. Point Latitude Longitude A ( 1 70°00′ W B 42°20′ N 70°00′ W C 42°20′ N ( 2 1 2 (ii) Cape Cod Catch Cap Area. Point Latitude Longitude Note A ( 1 70°00′ W B 42°20′ N 70°00′ W C 42°20′ N 68°50′ W D 41°00′ N 68°50′ W E 41°00′ N 69°30′ W F 41°10′ N 69°30′ W G 41°10′ N 69°50′ W H 41°20′ N 69°50′ W I 41°20′ N ( 2 ( 3 J ( 4 70°00′ W ( 3 K ( 5 70°00′ W ( 6 A ( 1 70°00′ W ( 6 1 2 3 4 5 6 (iii) Georges Bank Catch Cap Area. Point Latitude Longitude Note A ( 1 70°00′ W B ( 2 70°00′ W ( 3 C 41°20′ N ( 4 ( 3 D 41°20′ N 69°50′ W E 41°10′ N 69°50′ W F 41°10′ N 69°30′ W G 41°00′ N 69°30′ W H 41°00′ N 68°50′ W I 42°20′ N 68°50′ W J 42°20′ N ( 5 ( 6 A ( 1 70°00′ W ( 6 1 2 3 4 5 6 (iv) Southern New England/Mid-Atlantic Catch Cap Area. (8) River herring and shad catch cap closure areas—(i) Gulf of Maine Catch Cap Closure Area. (ii) Cape Cod Catch Cap Closure Area. (iii) Georges Bank Catch Cap Closure Area. (iv) Southern New England/Mid-Atlantic Catch Cap Closure Area. Point Latitude Longitude Note A 35°00′ N ( 1 B 35°00′ N 74°00′ W C 37°00′ N 74°00′ W D 37°00′ N 73°00′ W E 38°00′ N 73°00′ W F 38°00′ N 72°00′ W G 39°00′ N 72°00′ W H 39°00′ N 71°40′ W I 39°50′ N 71°40′ W J 39°50′ N 70°00′ W K ( 2 70°00′ W ( 3 A 35°00′ N ( 1 ( 3 1 2 3 (g) All aspects of the following measures can be modified through the specifications process: (1) AMs; (2) Possession limits; (3) River Herring Monitoring/Avoidance Areas; and (4) River herring and shad catch caps. [72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11379, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8815, Feb. 13, 2014; 79 FR 71968, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 81 FR 19054, Apr. 4, 2016; 85 FR 26885, May 6, 2020; 86 FR 1825, Jan. 11, 2021] § 648.201 AMs and harvest controls. (a) AMs Herring sub-ACLs and ACL Possession Limit Adjustments Areas 1A and 1B Possession Limit Adjustment. (B) Areas 2 and 3 1 Possession Limit Adjustment—Phase 1. 2 ( 2 Possession Limit Adjustment—Phase 2. 1 (ii) Herring fishery closure. (2) When the Regional Administrator has determined that the GOM and/or GB incidental catch cap for haddock in § 648.90(a)(4)(iii)(E) has been caught, no vessel issued a Federal Atlantic herring permit and fishing with midwater trawl gear in the applicable Accountability Measure (AM) Area, i.e., (3) ACL and sub-ACL overage deductions. (ii) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by greater than 10 percent and the ACL was not exceeded in a given fishing year, then NMFS shall subtract the amount of the overage above 10 percent from the ACL and applicable sub-ACL in the fishing year following total catch determination. For example, if catch exceeded the Area 1A sub-ACL by 15 percent in Year 1 and the ACL was not exceeded, the amount equal to the 5 percent overage would be deducted from the ACL and Area 1A sub-ACL in Year 3. (iii) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by any amount and the ACL was also exceeded in a given fishing year, then NMFS shall subtract the full amount of the sub-ACL overage from the applicable sub-ACL, and the full amount of the ACL overage from the ACL, in the fishing year following total catch determination. For example, if catch exceeded the Area 1A sub-ACL by 15 percent and the ACL by 5 percent in Year 1, the amount equal to the 15-percent overage would be deducted from the Area 1A sub-ACL and the amount equal to the 5-percent overage would be deducted from the ACL in Year 3. (iv) If NMFS determines that total catch exceeded the Atlantic herring ACL and no herring sub-ACLs were exceeded in a given fishing year, then NMFS shall subtract the full amount of the overage from the ACL in the fishing year following total catch determination. For example, if catch exceeded the herring ACL by 2 percent in Year 1, the amount equal to the 2-percent overage would be deducted from the ACL in Year 3, and no sub-ACLs would be reduced. (v) NMFS shall make overage determinations and implement any changes to ACLs or sub-ACLs, through notification in the Federal Register, (4) River herring and shad catch cap. (ii) Beginning on the date that NMFS projects that river herring and shad catch will reach 95 percent of a catch cap for specified gear applicable to an area specified in § 648.200(f)(7) for the remainder of the fishing year, vessels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip using the applicable gear in the applicable catch cap closure area, specified in § 648.200(f)(8), and from landing herring more than once per calendar day, except as provided in paragraphs (b) and (c) of this section. NMFS shall implement these restrictions in accordance with the APA. (b) A vessel may transit an area that is limited to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section with greater than 2,000 lb (907.2 kg) or greater than 40,000 lb (18,143.7 kg) of herring on board, provided such herring were caught in an area or areas not subject to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section, and that all fishing gear is stowed and not available for immediate use as defined in § 648.2, and provided the vessel is issued a vessel permit appropriate to the amount of herring on board and the area where the herring was harvested. (c) A vessel may land an area that is limited to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section with greater than 2,000 lb (907.2 kg) or greater than 40,000 lb (18,143.7 kg) of herring on board, provided such herring were caught in an area or areas not subject to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section, and that all fishing gear is stowed and not available for immediate use as defined in § 648.2, and provided the vessel is issued a vessel permit appropriate to the amount of herring on board and the area where the herring was harvested. (d) Seasonal sub-ACL periods. (1) Area 1A: (2) Area 1B: (3) Area 2: (4) Area 3: (e) A vessel may transit an area that has zero percent sub-ACL available for harvest specified in paragraph (d) of this section with herring on board, provided such herring were caught in an area or areas with sub-ACL available specified in paragraph (d) of this section, that all fishing gear is stowed and not available for immediate use as defined in § 648.2, and the vessel is issued a permit that authorizes the amount of herring on board for the area where the herring was harvested. (f) Up to 500 mt of the Area 1A sub-ACL shall be allocated for the fixed gear fisheries in Area 1A (weirs and stop seines) that occur west of 67°16.8′ W. long (Cutler, Maine). This set-aside shall be available for harvest by fixed gear within the specified area until November 1 of each fishing year. Any portion of this allocation that has not been utilized by November 1 shall be restored to the sub-ACL allocation for Area 1A. (g) Carryover. (2) No unharvested catch will be carried over and added to any management area sub-ACL for the 2025 and 2026 fishing years. (h) If NMFS determines that the New Brunswick weir fishery landed less than 2,600 mt of herring through October 1, NMFS will subtract 1,000 mt from management uncertainty and reallocate that 1,000 mt to the ACL and Area 1A sub-ACL. NMFS will notify the Council of this adjustment and publish the adjustment in the Federal Register [76 FR 11380, Mar. 2, 2011, as amended at 76 FR 56999, Sept. 15, 2011; 78 FR 26169, May 3, 2013; 78 FR 61837, Oct. 4, 2013; 79 FR 52580, Sept. 4, 2014; 79 FR 71971, Dec. 4, 2014; 81 FR 19054, Apr. 4, 2016; 81 FR 75739, Nov. 1, 2016; 85 FR 26886, May 6, 2020; 86 FR 17085, Apr. 1, 2021; 87 FR 42967, July 19, 2022; 88 FR 17402, Mar. 23, 2023; 90 FR 57383, Dec. 11, 2025; 91 FR 11171, Mar. 9, 2026] § 648.202 Season and area restrictions. (a) Midwater Trawl Restricted Areas. Area 1A. (2) [Reserved] (b) Fishing in Northeast Multispecies Closed Areas. (2) No vessel issued an Atlantic herring permit and fishing with midwater trawl gear, when fishing any part of a midwater trawl tow in the Closed Areas, may slip or operationally discard catch, as defined at § 648.2, except in the following circumstances: (i) The vessel operator has determined, and the preponderance of available evidence indicates that, there is a compelling safety reason; or (ii) A mechanical failure, including gear damage, precludes bringing some or all of the catch on board the vessel for inspection; or, (iii) The vessel operator determines that pumping becomes impossible as a result of spiny dogfish clogging the pump intake. The vessel operator shall take reasonable measures, such as strapping and splitting the net, to remove all fish which can be pumped from the net prior to release. (3) Vessels may make test tows without pumping catch on board if the net is re-set without releasing its contents provided that all catch from test tows is available to the observer to sample when the next tow is brought on board. (4) If catch is slipped or operational discarded by a vessel, the vessel operator must: (i) Stop fishing and immediately exit the Closed Areas. Once the vessel has exited the Closed Areas, it may continue to fish, but may not fish inside the Closed Areas for the remainder of that trip. (ii) Complete and sign a Released Catch Affidavit detailing: The vessel name and permit number; the VTR serial number; where, when, and for what reason the catch was released; the estimated weight of each species brought on board or released on that tow. A completed affidavit must be submitted to NMFS within 48 hr of the end of the trip. (iii) Report slippage events on the Atlantic herring daily VMS catch report and indicate the reason for slipping catch if the vessel was issued a limited access herring permit. (iv) Comply with the measures to address slippage specified in § 648.11(m)(7)(iv) through (vi) if the vessel was issued a Category A or B Herring Permit. [72 FR 11277, Mar. 12, 2007, as amended at 79 FR 8816, Feb. 13, 2014; 79 FR 52580, Sept. 4, 2014; 81 FR 19054, Apr. 4, 2016; 83 FR 15275, Apr. 9, 2018; 85 FR 7442, Feb. 7, 2020; 85 FR 26886, May 6, 2020; 86 FR 1825, Jan. 11, 2021; 86 FR 17086, Apr. 1, 2021; 87 FR 75890, Dec. 9, 2022; 88 FR 17402, Mar. 23, 2023] § 648.203 Gear restrictions. (a) Midwater trawl gear may only be used by a vessel issued a valid herring permit in the GOM/GB Exemption Area as defined in § 648.80(a)(17), provided it complies with the midwater trawl gear exemption requirements specified under the NE multispecies regulations at § 648.80(d), including issuance of a Letter of Authorization. (b) Purse seine gear may only be used by a vessel issued a valid herring permit in the GOM/GB Exemption Area as defined in § 648.80(a)(17), provided it complies with the purse seine exemption requirements specified under the NE multispecies requirements at § 648.80(e), including issuance of a Letter of Authorization. [72 FR 11277, Mar. 12, 2007, as amended at 83 FR 15275, Apr. 9, 2018] § 648.204 Possession restrictions. (a) A vessel must be issued and possess a valid limited access herring permit ( i.e., (1) A vessel issued a Category A Herring Permit may fish for, possess, or land Atlantic herring with no possession restriction from any of the herring management areas defined in § 648.200(f), provided none of the accountability measures or harvest restrictions specified in § 648.201 have been implemented. (2) A vessel issued only a Category B Herring Permit may fish for, possess, or land Atlantic herring with no possession restriction only from Area 2 or Area 3, as defined in § 648.200(f), provided none of the accountability measures or harvest restrictions specified in § 648.201 have been implemented. Such a vessel may fish in Area 1 only if issued a Category C or D Herring Permit, and only as authorized by the respective permit. (3) A vessel issued a Category C Herring Permit may fish for, possess, or land up to, but no more than, 55,000 lb (25 mt) of Atlantic herring in any calendar day, and is limited to one landing of herring per calendar day, from any management area defined in § 648.200(f), provided none of the accountability measures or harvest restrictions specified in § 648.201 have been implemented. (4) A vessel issued a Category D Herring Permit may fish for, possess, or land up to, but no more than, 6,600 lb (3 mt) of Atlantic herring from any herring management area per trip, and is limited to one landing of herring per calendar day, provided none of the accountability measures or harvest restrictions specified in § 648.201 have been implemented. (5) A vessel issued a Category E Herring Permit may fish for, possess, or land up to, but no more than, 20,000 lb (9 mt) of Atlantic herring from only Area 2 or Area 3, as defined in § 648.200(f), per trip, and is limited to one landing of herring per calendar day, provided none of the accountability measures or harvest restrictions specified in § 648.201 have been implemented. (6) A vessel issued a herring permit may possess herring roe provided that the carcasses of the herring from which it came are not discarded at sea. (b) Each vessel working cooperatively in the herring fishery, including vessels pair trawling, purse seining, and transferring herring at-sea, must be issued a valid herring permit to fish for, possess, or land Atlantic herring and are subject to the most restrictive herring possession limit associated with the permits issued to vessels working cooperatively. [72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11380, Mar. 2, 2011; 79 FR 8816, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 85 FR 26886, May 6, 2020] § 648.205 VMS requirements. The owner or operator any vessel issued a limited access herring permit ( i.e., [85 FR 26886, May 6, 2020] § 648.206 Framework provisions. (a) Framework adjustment process. (1) Adjustment process. (2) After the first framework meeting, the Council may refer the issue back to the Herring Oversight Committee for further consideration, make adjustments to the measures that were proposed, or approve of the measures and begin developing the necessary documents to support the framework adjustments. If the Council approves the proposed framework adjustments, the Council shall identify, at this meeting, a preferred alternative and/or identify the possible alternatives. (3) A framework document shall be prepared that discusses and shows the impacts of the alternatives. It shall be available to the public prior to the second or final framework meeting. (4) After developing management actions and receiving public testimony, the Council shall make a recommendation to NMFS. The Council's recommendation must include supporting rationale and, if changes to the management measures are recommended, an analysis of impacts and a recommendation to NMFS on whether to issue the management measures as a final rule. If the Council recommends that the management measures should be issued as a final rule, the Council must consider at least the following factors and provide support and analysis for each factor considered: (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season. (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Council's recommended management measures. (iii) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts. (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (5) If the Council's recommendation to NMFS includes adjustments or additions to management measures, after reviewing the Council's recommendation and supporting information NMFS may: (i) Concur with the Council's recommended management measures and determine that the recommended management measures should be published as a final rule in the Federal Register (ii) Concur with the Council's recommendation and determine that the recommended management measures should be first published as a proposed rule in the Federal Register. Federal Register. (iii) If NMFS does not concur, the Council shall be notified in writing of the reasons for the non-concurrence. (b) Possible framework adjustment measures. Measures that may be changed or implemented through framework action include: (1) Management area boundaries or additional management areas; (2) Size, timing, or location of new or existing spawning area closures; (3) Closed areas, including midwater trawl restricted areas, other than spawning closures; (4) Restrictions in the amount of fishing time; (5) A days-at-sea system; (6) Adjustments to specifications; (7) Adjustments to the Canadian catch deducted when determining specifications; (8) Distribution of the ACL; (9) Gear restrictions (such as mesh size, etc.) or requirements (such as bycatch-reduction devices, etc.); (10) Vessel size or horsepower restrictions; (11) Closed seasons; (12) Minimum fish size; (13) Trip limits; (14) Seasonal, area, or industry sector quotas; (15) Measures to describe and identify essential fish habitat (EFH), fishing gear management measures to protect EFH, and designation of habitat areas of particular concern within EFH; (16) Measures to facilitate aquaculture, such as minimum fish sizes, gear restrictions, minimum mesh sizes, possession limits, tagging requirements, monitoring requirements, reporting requirements, permit restrictions, area closures, establishment of special management areas or zones, and any other measures included in the FMP; (17) Changes to the overfishing definition; (18) Vessel monitoring system requirements; (19) Limits or restrictions on the harvest of herring for specific uses; (20) Quota monitoring tools, such as vessel, operator, or dealer reporting requirements; (21) Permit and vessel upgrading restrictions; (22) Implementation of measures to reduce gear conflicts, such as mandatory monitoring of a radio channel by fishing vessels, gear location reporting by fixed gear fishermen, mandatory plotting of gear by mobile fishermen, standards of operation when conflict occurs, fixed gear marking or setting practices; gear restrictions for certain areas, vessel monitoring systems, restrictions on the maximum number of fishing vessels, and special permitting conditions; (23) Limited entry or controlled access system; (24) Specification of the amount of herring to be used for roe (25) In-season adjustments to ACLs; (26) Measures to address bycatch and bycatch monitoring; (27) Requirements for a herring processor survey; (28) ACL set-aside amounts, provisions, adjustments; (29) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; (30) AMs; (31) Changes to vessel trip notification and declaration requirements; (32) Adjustments to measures to address slippage, including sampling requirements; (33) River Herring Monitoring/Avoidance Areas; (34) Provisions for river herring catch avoidance program, including adjustments to the mechanism and process for tracking fleet activity, reporting catch events, compiling data, and notifying the fleet of changes to the area(s); the definition/duration of `test tows,' if test tows would be utilized to determine the extent of river herring catch in a particular area(s); the threshold for river herring catch that would trigger the need for vessels to be alerted and move out of the area(s); the distance that vessels would be required to move from the area(s); and the time that vessels would be required to remain out of the area(s). (35) Changes to criteria/provisions for access to Northeast Multispecies Closed Areas; (36) River herring and shad catch caps, including species-specific caps, and vessels, permits, trips, gears, and areas to which caps apply; (37) River herring and shad Catch Cap Areas and Catch Cap Closure Areas; (38) Modifications to the ABC control rule, including, but not limited to, control rule parameters, if a quantitative stock assessment is not available, if the projections are producing ABCs that are not justified or consistent with available information, or if the stock requires a rebuilding program; and (39) Any other measure currently included in the FMP. (c) Emergency action. [72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11380, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8817, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 86 FR 1825, Jan. 11, 2021] § 648.207 Herring Research Set-Aside (RSA). (a) NMFS shall publish a Request for Proposals (RFP) in the Federal Register, (b) Proposals submitted in response to the RFP must include the following information, as well as any other specific information required within the RFP: A project summary that includes the project goals and objectives, the relationship of the proposed research to herring research priorities and/or management needs, project design, participants other than the applicant, funding needs, breakdown of costs, and the vessel(s) for which authorization is requested to conduct research activities. (c) NMFS shall convene a review panel, including technical experts, to review proposals submitted in response to the RFP. Each panel member shall recommend which research proposals should be authorized to utilize RSA, based on the selection criteria described in the RFP. (d) NMFS shall consider each panel member's recommendation, provide final approval of the projects and the Regional Administrator may, when appropriate, exempt selected vessel(s) from regulations specified in each of the respective FMPs through written notification to the project proponent. (e) The grant awards approved under the RFPs shall be for the upcoming 3 fishing years, unless the Council identifies new/different research priorities during the interim years and decides to publish a second RFP. Proposals to fund research that would start prior to, or that would end after the fishing year, are not eligible for consideration. The RSA must be utilized in the same fishing year in which it was distributed (i.e., RSA and compensation trips cannot be rolled over into future years). However, the money generated from the RSA may be rolled over into, or used to fund research in future years, consistent with the multi-year proposal. (f) Whenever possible, research proposals shall be reviewed and approved prior to the publication of final quota specifications for the upcoming fishing years. In the event that the approved proposals do not make use of any or all of the set-asides, the unutilized portion of the set-aside shall be reallocated back to its respective management area(s) when the final specifications are published. If there is unutilized set-aside available, NMFS, at the request of the Council, could publish another RFP for either the second or third years of the 3-year specifications. In this case, NMFS shall release the unutilized portion of the RSA back to its respective management area(s) for the first year of the specifications and any other year that yields unutilized set-aside after an additional RFP is published. The Council also may decide not to publish another RFP, in which case NMFS may release the unutilized portion of the set-aside back to its respective management area(s) for all 3 fishing years covered by the specifications. (g) If a proposal is approved, but a final award is not made by NMFS, or if NMFS determines that the allocated RSA cannot be utilized by a project, NMFS shall reallocate the unallocated or unused amount of the RSA to the respective sub-ACL, in accordance with the APA, provided that the RSA can be available for harvest before the end of the fishing year for which the RSA is specified. (h) Any RSA reallocated under paragraphs (f) and (g) of this section may not be used solely as compensation for research. (i) Researchers may apply for the use of more than one herring RAS allocation for individual research projects, and may request that the set-aside be collected separately from the research trip or as part of the research trip. The research compensation trips do not necessarily have to be conducted by the same vessel, but must be conducted in the management area from which the set-aside was derived. (j) No more than 50 percent of the allocated set-aside may be taken before the research begins. If a research project is terminated for any reason prior to completion, any funds collected from the catch sold to pay for research expenses must be refunded to U.S. Treasury. (k) NMFS shall provide authorization of the research activities to specific vessels by letter of acknowledgement, letter of authorization, or Exempted Fishing Permit issued by the Regional Administrator, which must be kept on board the vessel. (l) Upon completion of herring research projects approved under this part, researchers must provide the Council and NMFS with a report of research findings, which must include: A detailed description of methods of data collection and analysis; a discussion of results and any relevant conclusions presented in a format that is understandable to a non-technical audience; and a detailed final accounting of all funds used to conduct the herring research. [72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11381, Mar. 2, 2011] Subpart L—Management Measures for the Spiny Dogfish Fishery Source: 65 FR 1570, Jan. 11, 2000, unless otherwise noted. § 648.230 Spiny dogfish Annual Catch Limits (ACLs). (a) The Spiny Dogfish Monitoring Committee shall recommend to the Joint Spiny Dogfish Committee, an ACL for the commercial spiny dogfish fishery, which shall equal to the domestic ABC ( i.e., (1) Periodicity. (2) [Reserved] (b) Performance review. (1) If an ACL is exceeded with a frequency greater than 25 percent ( i.e., (2) The Councils may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that the spiny dogfish stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews. [76 FR 60642, Sept. 29, 2011] § 648.231 Spiny dogfish Annual Catch Target (ACT) and Total Allowable Level of Landings (TAL). (a) The Spiny Dogfish Monitoring Committee shall identify and review the relevant sources of management uncertainty to recommend an ACT and a TAL for the fishery as part of the spiny dogfish specification process specified in § 648.232. The Spiny Dogfish Monitoring Committee recommendations shall identify the specific sources of management uncertainty that were considered, technical approaches to mitigating these sources of uncertainty, domestic commercial and recreational discards, and any additional relevant information considered in the ACT and TAL recommendation process. (1) The ACT shall be identified as less than or equal to the ACL. (2) The Spiny Dogfish Monitoring Committee shall recommend a TAL to the Joint Spiny Dogfish Committee, which accounts for domestic commercial and recreational discards (ACT minus domestic dead discards). The TAL is equivalent to the annual coastwide commercial quota. (b) Periodicity. (c) Performance review. [76 FR 60642, Sept. 29, 2011] § 648.232 Spiny dogfish specifications. (a) Commercial quota and other specification measures. (1) Minimum or maximum fish sizes; (2) Seasons; (3) Mesh size restrictions; (4) Trip limits; (5) Research quota set from a range of 0 to 3 percent of the commercial quota; (6) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; (7) Other gear restrictions; and (8) Changes to AMs and ACT control rules. (b) Joint Spiny Dogfish Committee recommendation. (c) Council recommendations. (2) After such review, NMFS shall publish a proposed rule in the Federal Register Federal Register (3) If the annual specifications are not published in the Federal Register (d) [Reserved] (e) Landings applied against the commercial quota. (f) Research quota. [76 FR 60642, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 79 FR 41143, July 15, 2014; 80 FR 37197, June 30, 2015] § 648.233 Spiny dogfish Accountability Measures (AMs). (a) Commercial EEZ closure. Federal Register. (b) ACL overage evaluation. (c) Overage repayment. [76 FR 60643, Sept. 29, 2011, as amended at 79 FR 41144, July 15, 2014] § 648.234 Gear restrictions. (a) New Jersey Atlantic Sturgeon Bycatch Reduction Area Area Definition: Table 1 to Paragraph ( a Point N lat. W long. NJ1 40°24′ 73°54′ NJ2 40°9′ 73°24′ NJ3 39°30′ 73°51′ NJ4 39°48′ 74°12′ NJ1 40°24′ 73°54′ (2) From May 1 through May 31 and November 1 through November 30 of each year, vessels issued a Federal spiny dogfish permit must remove gillnet gear with a mesh size equal to or greater than 5 inches (12.7 cm) and less than 10 inches (25.4 cm) from within the New Jersey Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern time each day through 5 a.m. eastern time the following day. (b) Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area Area Definition: Table 2 to Paragraph ( b Point N lat. W long. DM1 38°27′ 75°60′ DM2 38°21′ 74°48′ DM3 37°30′ 75°12′ DM4 37°48′ 75°30′ DM1 38°27′ 75°60′ (2) Requirements: (c) Virginia Atlantic Sturgeon Bycatch Reduction Area Area Definition: Table 3 to Paragraph ( c Point N lat. W long. 37°18′ 75°54′ VA2 36°48′ 75°36′ VA3 36°33′ 75°51′ VA4 36°54′ 76°6′ VA1 37°18′ 75°54′ (2) Requirements: [89 FR 102839, Dec. 18, 2024] § 648.235 Spiny dogfish possession and landing restrictions. (a) Possession limit. (1) Possess up to 7,500 lb (3,402 kg) of spiny dogfish per trip; and (2) Land only one trip of spiny dogfish per calendar day. (b) Regulations governing the harvest, possession, landing, purchase, and sale of shark fins are found at part 600, subpart N, of this chapter. [76 FR 60643, Sept. 29, 2011, as amended at 78 FR 25864, May 3, 2013; 79 FR 41144, July 15, 2014; 79 FR 46378, Aug. 8, 2014; 81 FR 53960, Aug. 15, 2016; 87 FR 20350, Apr. 7, 2022] § 648.236 Special Management Zones. [Reserved] §§ 648.237-648.238 [Reserved] § 648.239 Spiny dogfish framework adjustments to management measures. (a) Within season management action. (1) Adjustment process. (2) Councils' recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Councils' recommended management measures; (iii) Whether there is an immediate need to protect the resource; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule; (3) NMFS action. (i) If NMFS concurs with the Councils' recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors specified in paragraph (b)(2) of this section, then the measures will be issued as a final rule in the Federal Register. (ii) If NMFS concurs with the Councils' recommendation and determines that the recommended management measures should be published first as a proposed rule, then the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If NMFS does not concur, the Councils will be notified in writing of the reasons for the non-concurrence. (iv) Framework actions can be taken only in the case where both Councils approve the proposed measure. (b) Emergency action. [76 FR 60643, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015] Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery Source: 67 FR 63233, Oct. 10, 2002, unless otherwise noted. § 648.260 Specifications. (a) Review and specifications process. (1)—(3) [Reserved] (4) The PDT, after its review of the available information on the status of the stock and the fishery, may recommend to the Council any measures necessary to assure that the specifications will not be exceeded, as well as changes to the appropriate specifications. (5) Taking into account the annual review and/or SAFE Report described in paragraph (b) of this section, the advice of the SSC, and any other relevant information, the Red Crab PDT may also recommend to the Red Crab Committee and Council changes to stock status determination criteria and associated thresholds based on the best scientific information available, including information from peer-reviewed stock assessments of red crab. These adjustments may be included in the Council's specifications for the red crab fishery. (6)(i) The Council shall review the recommendations of the Red Crab PDT, Red Crab Committee, and SSC, any public comment received thereon, and any other relevant information, and make a recommendation to the Regional Administrator on appropriate specifications and any measures necessary to assure that the specifications will not be exceeded. (ii) The Council's recommendation must include supporting documentation, as appropriate, concerning the environmental, economic, and social impacts of the recommendations. The Regional Administrator shall consider the recommendations and publish a rule in the Federal Register (iii) The Regional Administrator may propose specifications different than those recommended by the Council. If the specifications published in the Federal Register (iv) If the final specifications are not published in the Federal Register (b) [Reserved] [76 FR 60383, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37198, June 30, 2015; 85 FR 20616, Apr. 14, 2020] § 648.261 Framework adjustment process. (a) To implement a framework adjustment for the Red Crab FMP, the Council shall develop and analyze proposed actions over the span of at least two Council meetings and provide advance public notice of the availability of both the proposals and the analyses. Opportunity to provide written and oral comments shall be provided throughout the process before the Council submits its recommendations to the Regional Administrator. (1) In response to an annual review of the status of the fishery or the resource by the Red Crab PDT, or at any other time, the Council may recommend adjustments to any of the measures proposed by the Red Crab FMP, including the SBRM. The Red Crab Oversight Committee may request that the Council initiate a framework adjustment. Framework adjustments shall require one initial meeting (the agenda must include notification of the impending proposal for a framework adjustment) and one final Council meeting. After a management action has been initiated, the Council shall develop and analyze appropriate management actions within the scope identified below. The Council may refer the proposed adjustments to the Red Crab Committee for further deliberation and review. Upon receiving the recommendations of the Oversight Committee, the Council shall publish notice of its intent to take action and provide the public with any relevant analyses and opportunity to comment on any possible actions. After receiving public comment, the Council must take action (to approve, modify, disapprove, or table) on the recommendation at the Council meeting following the meeting at which it first received the recommendations. Documentation and analyses for the framework adjustment shall be available at least 2 weeks before the final meeting. (2) After developing management actions and receiving public testimony, the Council may make a recommendation to the Regional Administrator. The Council's recommendation shall include supporting rationale, an analysis of impacts required under paragraph (a)(1) of this section and a recommendation to the Regional Administrator on whether to issue the management measures as a final rule. If the Council recommends that the management measures should be issued directly as a final rule, the Council shall consider at least the following factors and provide support and analysis for each factor considered: (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Council's recommended management measures; (iii) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts; (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) If the Regional Administrator concurs with the Council's recommended management measures, they shall be published in the Federal Register. Federal Register. (4) If the Regional Administrator approves the Council's recommendations, the Secretary may, for good cause found under the standard of the Administrative Procedure Act, waive the requirement for a proposed rule and opportunity for public comment in the Federal Register. Federal Register. (5) The Regional Administrator may approve, disapprove, or partially disapprove the Council's recommendation. If the Regional Administrator does not approve the Council's specific recommendation, the Regional Administrator must notify the Council in writing of the reasons for the action prior to the first Council meeting following publication of such decision. (b) [Reserved] [67 FR 63233, Oct. 10, 2002, as amended at 80 FR 37198, June 30, 2015] § 648.262 Accountability measures for red crab limited access vessels. (a) Closure authority. (b) Adjustment for an overage. (2) If NMFS determines that the ACL was exceeded in a given fishing year, the exact amount of an overage that was not already deducted from the TAL under paragraph (b)(i) of this section will be deducted, as soon as is practicable, from a subsequent single fishing year's TAL, through notification consistent with the Administrative Procedure Act. [76 FR 60383, Sept. 29, 2011] § 648.263 Red crab possession and landing restrictions. (a) Vessels issued limited access red crab permits. (2) Conversion to whole crab weight. (ii) For red crab that is landed in half sections, with all gills and other detritus removed, the recovery rate is 58 percent of a whole red crab, which is equal to the weight of red crab half sections multiplied by 1.72. (3) Female red crab restriction. (4) Full-processing prohibition. (5) Mutilation restriction. (b) Vessels issued red crab incidental catch permits Possession and landing restrictions. (2) Full-processing prohibition. (3) Mutilation restrictions. (ii) A vessel may not retain, possess, or land more than two claws and eight legs per crab. [67 FR 63233, Oct. 10, 2002, as amended at 74 FR 20557, May 4, 2009; 76 FR 60384, Sept. 29, 2011] § 648.264 Gear requirements/restrictions. (a) Limited access red crab permitted vessels. (2) A vessel owner or operator of a vessel that holds a valid limited access red crab permit may fish with, deploy, possess, haul, harvest red crab from, or carry on board a vessel, up to a total of 600 traps/pots when fishing for, catching, or landing red crab. A vessel owner is required to declare, on the annual permit application, the maximum number of traps/pots used per string and the maximum number of strings employed, such that the product of the maximum number of traps/pots per string and the maximum number of strings declared is no more than 600 traps/pots. The vessel is restricted to the product of the maximum number of traps/pots per string multiplied by the maximum number of strings declared on the annual vessel permit application. (3) Parlor traps/pots. (4) Maximum trap/pot size. (5) Gear markings. (i) The letters “RC” in letters at least 3 inches (7.62 cm) in height must be painted on top of each buoy. (ii) The vessel's permit number in numerals at least 3 inches (7.62 cm) in height must be painted on the side of each buoy to clearly identify the vessel. (iii) The number of each trap trawl relative to the total number of trawls used by the vessel (i.e., “3 of 6”) must be painted in numerals at least 3 inches (7.62 cm) in height on the side of each buoy. (iv) High flyers and radar reflectors are required on each trap trawl. (6) Additional gear requirements. (ii) Red crab traps/pots, fished in 200 fathoms (365.8 m) or less by a vessel issued a limited access lobster permit under § 697.4(a), must comply with the trap tagging requirements specified at § 697.19. (b) [Reserved] [67 FR 63233, Oct. 10, 2002, as amended at 72 FR 57194, Oct. 5, 2007; 76 FR 60384, Sept. 29, 2011] Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries Source: 66 FR 49145, Sept. 26, 2001, unless otherwise noted. § 648.290 Tilefish Annual Catch Limits (ACL). (a) Golden tilefish. (1) [Reserved] (2) Periodicity. (b) Blueline tilefish. (c) Performance review. (1) If an ACL is exceeded with a frequency greater than 25 percent ( i.e., (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that either the golden tilefish or blueline tilefish stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews. [82 FR 52857, Nov. 15, 2017, as amended at 91 FR 22466, Apr. 27, 2026] § 648.291 Tilefish Annual Catch Targets (ACT). (a) Golden tilefish. (1) ACT allocation. (ii) The Tilefish Monitoring Committee shall include the fishing mortality associated with the recreational fishery in its ACT recommendations only if this source of mortality has not already been accounted for in the ABC recommended by the SSC. (iii) The Tilefish Monitoring Committee shall allocate 5 percent of the ACT to the incidental sector of the fishery and the remaining 95 percent to the IFQ sector. (2) Periodicity. (b) Blueline tilefish. (1) Sectors. (2) Periodicity. (c) Performance review. [82 FR 52857, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018] § 648.292 Tilefish specifications. (a) Golden Tilefish. (1) Annual specification process. Federal Register Federal Register Federal Register (2) Total Allowable Landings (TAL). (ii) The sum of the sector-specific TAL and the estimated sector-specific discards shall be less than or equal to the ACT for that sector of the fishery. (3) TAL allocation. (4) Adjustments to the quota. Federal Register (5) Research quota. (b) Blueline tilefish. (1) Recommended measures. (i) Total Allowable Landings (TAL) for both the commercial and recreational sectors for each fishing year, where the sum of the TAL and sector-specific estimated discards shall be less than or equal to the sector ACT; (ii) Research quota for both the commercial and recreational sectors set from a range of 0 to three percent of the TAL, as described in paragraph (b)(3) of this section; (iii) Commercial trip limit; (iv) Commercial minimum fish size; (v) Recreational possession limit; (vi) Recreational minimum fish size; (vii) Recreational season; (viii) Retention requirements; and/or (ix) Any other measure needed to ensure the ACLs are not exceeded. (2) Annual specification process. Federal Register Federal Register Federal Register (3) Research quota. [82 FR 52858, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018; 87 FR 67832, Nov. 10, 2022] § 648.293 Tilefish accountability measures. (a) Golden tilefish Commercial incidental fishery closure. (2) Commercial ACL overage evaluation. (b) Blueline tilefish Commercial fishery closure. (2) Commercial ACL overage evaluation. (i) Commercial landings overage repayment. (ii) Non-landing accountability measure. (3) Recreational ACL overage evaluation. (4) Recreational accountability measures (AM). (i) If biomass is below threshold, the stock is under rebuilding, or biological reference points are unknown. MSY i.e., MSY MSY (ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. MSY MSY (A) If the recreational ACL has been exceeded. (B) If the ABC has been exceeded. ( 1 Adjustment to recreational ACT. ( 2 Payback coefficient. MSY i.e., MSY MSY (iii) If biomass is above target. MSY i.e., MSY [82 FR 52859, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018] § 648.294 Golden tilefish individual fishing quota (IFQ) program. Link to an amendment published at 91 FR 57805, Sept. 11, 2026. (a) IFQ allocation permits. (2) Allocations shall be issued in the form of an annual IFQ allocation permit. The IFQ allocation permit shall specify the quota share percentage held by the IFQ allocation permit holder and the total pounds of golden tilefish that the IFQ allocation permit holder is authorized to harvest. (3) In order to be eligible to hold tilefish IFQ allocation, an individual must be a U.S. citizen or permanent resident alien. Businesses or other entities that wish to hold allocation must be eligible to own a documented vessel under the terms of 46 U.S.C. 12103(b). (b) Application General. (i) [Reserved] (ii) Renewal applications. (2) Issuance. (3) Duration. (4) IFQ vessel. (ii) An IFQ allocation permit holder who wishes to authorize an additional vessel(s) to possess golden tilefish pursuant to the IFQ allocation permit must send written notification to NMFS. This notification must include: (A) The vessel name and permit number, and (B) The dates on which the IFQ allocation permit holder desires the vessel to be authorized to land golden tilefish pursuant to the IFQ allocation permit. (iii) A vessel listed on the IFQ allocation permit is authorized to possess golden tilefish pursuant to the subject permit, until the end of the fishing year or until NMFS receives written notification from the IFQ allocation permit holder to remove the vessel. (iv) A single vessel may not be listed on more than one IFQ allocation permit at the same time. (v) A copy of the IFQ allocation permit must be carried on board each vessel so authorized to possess IFQ golden tilefish. (5) Alteration. (6) Replacement. (7) Transfer. (8) Abandonment or voluntary relinquishment. (c)-(d) [Reserved] (e) Transferring IFQ allocations Temporary transfers. (2) Permanent transfers. (3) IFQ allocation transfer restrictions. (ii) A transfer of IFQ allocation or quota share will not be approved by the Regional Administrator if it would result in an entity holding, or having an interest in, a percentage of IFQ allocation exceeding 49 percent of the total golden tilefish adjusted TAL. (iii) For the purpose of calculating the appropriate IFQ cost recovery fee, if the holder of an IFQ allocation leases additional IFQ allocation, the quantity and value of golden tilefish landings made after the date the lease is approved by the Regional Administrator are attributed to the transferred quota before being attributed to the allocation holder's base IFQ allocation, if any exists. In the event of multiple leases, landings would be attributed to the leased allocations in the order the leases were approved by the Regional Administrator. As described in paragraph (h) of this section, a tilefish IFQ quota share allocation holder shall incur a cost recovery fee, based on the value of landings of golden tilefish authorized under the allocation holder's annual tilefish IFQ allocation, including allocation that is leased to another IFQ allocation permit holder. (4) Application for an IFQ allocation transfer. (i) Application information requirements. (ii) Approval of IFQ transfer application. (iii) Denial of IFQ transfer application. (f) IFQ allocation overages. (g) IFQ allocation acquisition restriction. (h) IFQ cost recovery. (1) Payment responsibility. (2) IFQ fee determination. (i) Determination of total recoverable costs. (ii) Calculating fee percentage. (A) The ex-vessel value for each pound of golden tilefish landed by an IFQ allocation permit holder shall be determined from Northeast Federal dealer reports submitted to NMFS, which include the price per pound paid to the vessel at the time of dealer purchase. (B) The cost recovery fee percentage shall not exceed three percent of the total value of golden tilefish landings, as required under section 304(d)(2)(B) of the Magnuson-Stevens Act. (3) Fee payment procedure. (i) Payment due date. (ii) Payment submission method. www.pay.gov, (4) Payment compliance. (i) At any time thereafter, notify the IFQ allocation permit holder in writing that his/her IFQ allocation permit is suspended, thereby prohibiting landings of tilefish above the incidental limit, as specified at § 648.295(a). (ii) Disapprove any transfer of annual tilefish allocation or quota share to or from the IFQ allocation permit holder as described in paragraph (e)(4)(iii) of this section, until such time as the amount due is paid. (iii) Deny renewal of the IFQ allocation permit if it had not yet been issued for the current year, or deny renewal of the IFQ allocation permit for the following year. (iv) If the fee amount is not appealed, the Regional Administrator may issue a Final Administrative Determination (FAD) as described in paragraph (h)(5) of this section, based upon available information. (5) Appeal of IFQ fee amount. (i) IFQ fee appeals must be submitted to NMFS in writing before the due date described in paragraph (h)(3)(i) of this section. (ii) The IFQ allocation permit holder shall have the burden of demonstrating that the fee amount calculated by NMFS is incorrect and what the correct amount is. (iii) If a request to appeal is submitted on time, the Regional Administrator shall notify the IFQ allocation permit holder in writing, acknowledging the appeal and providing 30 days to submit any additional relevant documentation supporting an alternative fee amount. (iv) While the IFQ fee is under appeal and the tilefish IFQ allocation permit is suspended, as described in paragraph (h)(4) of this section, the IFQ allocation permit holder may request a Letter of Authorization to fish until the appeal is concluded. Any tilefish landed pursuant to the above authorization will count against the IFQ allocation permit, if issued. (v) Final Administrative Determination (FAD). (A) The IFQ allocation permit holder shall have 30 days from the date of the FAD to comply with the terms of the FAD. (B) If the IFQ allocation permit holder does not comply with the terms of the FAD within this period, the Regional Administrator shall: ( 1 ( 2 (vi) If NMFS does not receive full payment of an IFQ cost recovery fee prior to the end of the cost recovery billing period immediately following the one for which the fee was incurred, the subject IFQ allocation permit and any associated IFQ quota share shall be deemed to have been voluntarily relinquished pursuant to paragraph (b)(8) of this section. (6) Annual cost recovery report. (i) Periodic review of the IFQ program. i.e., [78 FR 49187, Aug. 13, 2013, as amended at 82 FR 52859, Nov. 15, 2017; 83 FR 10807, Mar. 13, 2018; 89 FR 19762, Mar. 20, 2024] § 648.295 Tilefish commercial trip limits and landing condition. (a) Golden tilefish IFQ landings. (2) Incidental trip limit for vessels not fishing under an IFQ allocation. (i) 500 lb (226.8 kg) of golden tilefish at any time, or (ii) 50 percent, by weight, of the total of all species being landed; whichever is less. (3) In-season closure of the incidental fishery. Federal Register (b) Blueline tilefish Commercial possession limit. (2) In-season adjustment of possession limit. (i) When 70 percent of the blueline tilefish commercial TAL will be landed, the Regional Administrator may publish a notice in the Federal Register (ii) When 100 percent of the blueline tilefish commercial TAL will be landed, the Regional Administrator will publish a notice in the Federal Register (c) Landing condition. [82 FR 52860, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019] § 648.296 Tilefish recreational possession limits and gear restrictions. (a) Golden tilefish. (2) Any vessel engaged in recreational fishing may not retain golden tilefish, unless exclusively using rod and reel fishing gear, with a maximum limit of five hooks per rod. Anglers may use either a manual or an electric reel. (b) Blueline tilefish. (1) Private recreational vessels. (2) Uninspected for-hire vessels. (3) Inspected for-hire vessels. (c) Enforcement. [82 FR 52861, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019; 85 FR 43152, July 15, 2020; 89 FR 19762, Mar. 20, 2024] § 648.297 Tilefish gear restricted areas. No vessel of the United States may fish with bottom-tending mobile gear within the areas bounded by the following coordinates: Canyon N. lat. W. long. 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 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] § 648.299 Tilefish framework specifications. (a) Within-season management action. (1) Specific management measures. (i) Minimum fish size; (ii) Minimum hook size; (iii) Closed seasons; (iv) Closed areas; (v) Gear restrictions or prohibitions; (vi) Permitting restrictions; (vii) Gear limits; (viii) Trip limits; (ix) Adjustments within existing ABC control rule levels; (x) Adjustments to the existing MAFMC risk policy; (xi) Introduction of new AMs, including sub ACTs; (xii) Annual specification quota setting process; (xiii) Tilefish FMP Monitoring Committee composition and process; (xiv) Description and identification of EFH; (xv) Fishing gear management measures that impact EFH; (xvi) Habitat areas of particular concern; (xvii) Set-aside quotas for scientific research; (xviii) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs; (xix) Recreational management measures, including the bag limit, minimum fish size limit, seasons, and gear restrictions or prohibitions; (xx) Golden tilefish IFQ program review components, including capacity reduction, safety at sea issues, transferability rules, ownership concentration caps, permit and reporting requirements, and fee and cost-recovery issues; (xxi) Blueline tilefish recreational permitting and reporting requirements previously considered by the MAFMC; and (xxii) Blueline tilefish allocations to the commercial and recreational sectors of the fishery within the range of allocation alternatives considered by the MAFMC in Amendment 6. (xxiii) Measures that require significant departures from previously contemplated measures or that are otherwise introducing new concepts may require a formal amendment of the FMP instead of a framework adjustment. (2) Adjustment process. (3) MAFMC recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the MAFMC's recommended management measures; (iii) Whether there is an immediate need to protect the resource; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (4) Regional Administrator action. (i) If the Regional Administrator concurs with the MAFMC's recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors specified in paragraphs (a)(2) and (a)(3) of this section, the measures will be issued as a final rule in the Federal Register. (ii) If the Regional Administrator concurs with the MAFMC's recommendation and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the Federal Register. Federal Register. (iii) If the Regional Administrator does not concur with the MAFMC's recommendation, the MAFMC will be notified in writing of the reasons for the non-concurrence. (b) Emergency action. [76 FR 60648, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37199, June 30, 2015; 82 FR 52861, Nov. 15, 2017] Subpart O—Management Measures for the NE Skate Complex Fisheries Source: 68 FR 49701, Aug. 19, 2003, unless otherwise noted. § 648.320 Skate FMP review and monitoring. (a) Annual review and specifications process. (1) The Skate PDT shall meet at least annually to review the status of the species in the skate complex. At a minimum, this review shall include annual updates to survey indices, fishery landings and discards; a re-evaluation of stock status based on the updated survey indices and the FMP's overfishing definitions; and a determination of whether any of the accountability measures specified under § 648.323 were triggered. The review shall also include an analysis of changes to other FMPs (e.g., Northeast Multispecies, Monkfish, Atlantic Scallops, etc.) that may impact skate stocks, and describe the anticipated impacts of those changes on the skate fishery. (2) If new and/or additional information becomes available, the Skate PDT shall consider it during this annual review. Based on this review, the Skate PDT shall provide guidance to the Skate Committee and the Council regarding the need to adjust measures in the Skate FMP to better achieve the FMP's objectives. After considering guidance, the Council may submit to NMFS its recommendations for changes to management measures, as appropriate, through the specifications process described in this section, the framework process specified in § 648.321, or through an amendment to the FMP. (3) For overfished skate species, the Skate PDT and the Council shall monitor the trawl survey index as a proxy for stock biomass. As long as the 3-year average of the appropriate weight per tow increases above the average for the previous 3 years, it is assumed that the stock is rebuilding to target levels. If the 3-year average of the appropriate survey mean weight per tow declines below the average for the previous 3 years, then the Council shall take management action to ensure that stock rebuilding will achieve target levels. (4) Based on the annual review described above and/or the Stock Assessment and Fishery Evaluation (SAFE) Report described in paragraph (b) of this section, recommendations for acceptable biological catch (ABC) from the Scientific and Statistical Committee, and any other relevant information, the Skate PDT shall recommend to the Skate Committee and Council the following annual specifications for harvest of skates: An annual catch limit (ACL) for the skate complex set less than or equal to ABC; an annual catch target (ACT) for the skate complex set less than or equal to 90 percent of the ACL; and total allowable landings (TAL) necessary to meet the objectives of the FMP in each fishing year (May 1-April 30), specified for a period of up to 2 fishing years. (5) Recommended measures. (i) Possession limits in each fishery; (ii) In-season possession limit triggers for the wing and/or bait fisheries; (iii) Required adjustments to in-season possession limit trigger percentages or the ACL-ACT buffer, based on the accountability measures specified at § 648.323; and (iv) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (6) Taking into account the annual review and/or SAFE Report described in paragraph (b) of this section, the advice of the Scientific and Statistical Committee, and any other relevant information, the Skate PDT may also recommend to the Skate Committee and Council changes to stock status determination criteria and associated thresholds based on the best scientific information available, including information from peer-reviewed stock assessments of the skate complex and its component species. These adjustments may be included in the Council's specifications for the skate fisheries. (7) Council recommendation. Federal Register Federal Register Federal Register (b) Biennial SAFE Report (2) In any year in which a SAFE Report is not completed by the Skate PDT, the annual review process described in paragraph (a) of this section shall be used to recommend any necessary adjustments to specifications and/or management measures in the FMP. [75 FR 34058, June 16, 2010, as amended at 80 FR 37199, June 30, 2015; 84 FR 4375, Feb. 15, 2019] § 648.321 Framework adjustment process. (a) Adjustment process. (1) Council review and analyses. (2) Council recommendation. (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Council's recommended management measures; (iii) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) The Regional Administrator may publish the recommended framework measures in the Federal Register. Federal Register. (4) If the Regional Administrator approves the Council's recommendations, the Secretary may, for good cause found under the standard of the Administrative Procedure Act, waive the requirement for a proposed rule and opportunity for public comment in the Federal Register. Federal Register. (5) The Regional Administrator may approve, disapprove, or partially approve the Council's recommendation. If the Regional Administrator does not approve the Council's specific recommendation, the Regional Administrator must notify the Council in writing of the reasons for the action prior to the first Council meeting following publication of such decision. (b) Possible framework adjustment measures. (1) Skate permitting and reporting; (2) Skate overfishing definitions and related targets and thresholds; (3) Prohibitions on possession and/or landing of individual skate species; (4) Skate possession limits; (5) Skate closed areas (and consideration of exempted gears and fisheries); (6) Seasonal skate fishery restrictions and specifications; (7) Target TACs for individual skate species; (8) Hard TACs/quotas for skates, including species-specific quotas, fishery quotas, and/or quotas for non-directed fisheries; (9) Establishment of a mechanism for TAC set-asides to conduct scientific research, or for other reasons; (10) Onboard observer requirements; (11) Gear modifications, requirements, restrictions, and/or prohibitions; (12) Minimum and/or maximum sizes for skates; (13) Adjustments to exemption area requirements, area coordinates, and/or management lines established by the FMP; (14) Measures to address protected species issues, if necessary; (15) Description and identification of EFH; (16) Description and identification of habitat areas of particular concern; (17) Measures to protect EFH; (18) OY and/or MSY specifications; (19) Changes to the accountability measures described at § 648.323; (20) Changes to TAL allocation proportions to the skate wing and bait fisheries; (21) Changes to seasonal quotas in the skate bait or wing fisheries; (22) Reduction of the baseline 25-percent ACL-ACT buffer to less than 25 percent; (23) Changes to catch monitoring procedures; and (24) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (c) Emergency action. [75 FR 34059, June 16, 2010, as amended at 80 FR 37199, June 30, 2015] § 648.322 Skate allocation, possession, and landing provisions. (a) Allocation of TAL. (i) Season 1—May 1 through August 31, 57 percent of the annual skate wing fishery TAL shall be allocated; (ii) Season 2—September 1 through April 30, the remainder of the annual skate wing fishery TAL not landed in Season 1 shall be allocated. (2) A total of 33.5 percent of the annual TAL shall be allocated to the skate bait fishery. All skate products that are landed for the skate bait market, or classified by Federal dealers as bait as required under § 648.7(a)(1)(i), shall count against the skate bait fishery TAL. The annual skate bait fishery TAL shall be allocated in three seasonal quota periods as follows: (i) Season 1-May 1 through July 31, 30.8 percent of the annual skate bait fishery TAL shall be allocated; (ii) Season 2-August 1 through October 31, 37.1 percent of the annual skate bait fishery TAL shall be allocated; and (iii) Season 3-November 1 through April 30, the remainder of the annual skate bait fishery TAL not landed in Seasons 1 or 2 shall be allocated. (b) Skate wing possession and landing limits Vessels fishing under an Atlantic sea scallop, NE multispecies, or monkfish DAS. (ii) [Reserved] (2) NE multispecies Category B DAS. (3) In-season adjustment of skate wing possession limits. Federal Register (i) When 85 percent of the Season 1 skate wing quota is projected to be landed between May 1 and August 17, the Regional Administrator shall reduce the skate wing possession limit to the incidental level described in paragraph (b)(3) of this section. (ii) When 85 percent of the Season 1 skate wing quota is projected to be landed between August 18 and August 31, the Regional Administrator may reduce the skate wing possession limit to the incidental level described in paragraph (b)(3) of this section. (iii) When 85 percent of the annual skate wing fishery TAL is projected to be landed in Season 2, the Regional Administrator may reduce the skate wing possession limit to the incidental level described in paragraph (b)(3) of this section, unless such a reduction would be expected to prevent attainment of the annual TAL. (4) Incidental possession limit for vessels not under a DAS. (5) Allowable forms of skate landings. (c) Bait Letter of Authorization (LOA). (1) The vessel owner or operator obtains and retains onboard the vessel a valid LOA. LOAs are available upon request from the Regional Administrator. (2) The vessel owner or operator fishes for, possesses, or lands skates only for use as bait. (3) The vessel owner or operator possesses or lands no more than 30,000 lb (13,608 kg) of whole skates per trip. (4) The vessel owner or operator possesses or lands only whole skates less than 23 inches (58.42 cm) total length, and does not possess or land any skate wings. (5) Vessels that choose to possess or land skate wings during the participation period of this letter of authorization must comply with possession limit restrictions under paragraph (b) of this section for all skates or skate parts on board. Vessels possessing skate wings in compliance with the possession limit restrictions under paragraph (b) of this section may fish for, possess, or land skates for uses other than bait. (6) The vessel owner or operator complies with the transfer at sea requirements at § 648.13(h). (d) In-season adjustment of skate bait possession limits. Federal Register (e) In-season closure of skate bait fishery. Federal Register (f) Removal of in-season possession limit reductions. (g) Prohibitions on possession of skates. (1) Retain, possess, or land thorny skates taken in or from the EEZ portion of the Skate Management Unit. (2) Retain, possess, or land barndoor skates taken in or from the EEZ portion of the Skate Management Unit when fishing under a bait letter of authorization as described in paragraph (c) of this section. [75 FR 34060, June 16, 2010, as amended at 76 FR 28331, May 17, 2011; 77 FR 25100, Apr. 27, 2012; 81 FR 54747, Aug. 17, 2016; 83 FR 6135, Feb. 13, 2018; 83 FR 48988, Sept. 28, 2018; 85 FR 23242, Apr. 27, 2020; 89 FR 58079, July 17, 2024; 91 FR 35902, June 15, 2026] § 648.323 Accountability measures. (a) TAL overages. (b) ACL overages. (2) If the Council fails to initiate action to correct an ACL overage through the specifications or framework adjustment process, consistent with paragraph (b)(1) of this section, the Regional Administrator shall implement the required adjustment, as described under paragraph (b)(1) of this section, consistent with the Administrative Procedure Act. [75 FR 34061, June 16, 2010, as amended at 84 FR 4376, Feb. 15, 2019] Subpart P—Mid-Atlantic Forage Species Source: 82 FR 40733, Aug. 28, 2017, unless otherwise noted. § 648.350 Mid-Atlantic forage species landing limits. (a) Mid-Atlantic forage species. (b) [Reserved] [82 FR 40733, Aug. 28, 2017, as amended at 85 FR 47117, Aug. 4, 2020] § 648.351 Mid-Atlantic forage species possession limits. (a) Mid-Atlantic forage species. (b) Mid-Atlantic Forage Species Management Unit. Point Latitude Longitude 1 40°59.32′ N 73°39.62′ W 2 40°59.02′ N 73°39.41′ W 3 40°57.05′ N 73°36.78′ W 4 40°57.87′ N 73°32.85′ W 5 40°59.78′ N 73°23.70′ W 6 41°1.57′ N 73°15.00′ W 7 41°3.40′ N 73°6.10′ W 8 41°4.65′ N 73°0.00′ W 9 41°6.67′ N 72°50.00′ W 10 41°8.69′ N 72°40.00′ W 11 41°10.79′ N 72°29.45′ W 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 15 41°15.52′ N 72°5.41′ W 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 19 41°10.31′ N 71°46.44′ W 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 23 40°38.39′ N 71°14.60′ W 24 40°30.39′ N 71°6.72′ W 25 40°22.38′ N 70°58.87′ W 26 40°14.36′ N 70°51.05′ W 27 40°6.33′ N 70°43.27′ W 28 39°58.29′ N 70°35.51′ W 29 39°50.24′ N 70°27.78′ W 30 39°42.18′ N 70°20.09′ W 31 39°34.11′ N 70°12.42′ W 32 39°26.04′ N 70°4.78′ W 33 39°17.96′ N 69°57.18′ W 34 39°9.86′ N 69°49.6′ W 35 39°1.77′ N 69°42.05′ W 36 38°53.66′ N 69°34.53′ W 37 38°45.54′ N 69°27.03′ W 38 38°37.42′ N 69°19.57′ W 39 38°29.29′ N 69°12.13′ W 40 38°21.15′ N 69°4.73′ W 41 38°13.00′ N 68°57.35′ W 42 38°4.84′ N 68°49.99′ W 43 * 38°2.21′ N 68°47.62′ W * Point 43 falls on the U.S. EEZ. (c) Transiting. (d) Transiting. [82 FR 40733, Aug. 28, 2017, as amended at 85 FR 47117, Aug. 4, 2020] § 648.352 Mid-Atlantic forage species framework measures. (a) General. (b) Adjustment process. (c) MAFMC recommendation. (d) NMFS action. (e) Emergency actions. Subpart Q—Habitat-Related Management Measures Source: 83 FR 15275, Apr. 9, 2018, unless otherwise noted. § 648.370 Habitat Management Areas. Unless otherwise specified, no fishing vessel or person on a fishing vessel may fish with bottom-tending mobile gear in the areas defined in this section. Copies of charts depicting these areas are available from the Regional Administrator upon request. (a) Eastern Maine Habitat Management Area. Eastern Maine HMA Point N latitude W longitude EMH1 1 44°07.65′ N 68°10.64′ W EMH2 44°02.50′ N 68°06.10′ W EMH3 43°51.00′ N 68°33.90′ W EMH4 1 43°56.62′ N 68°38.12′ W 1 (b) Jeffreys Bank Habitat Management Area. Jeffreys Bank HMA Point N latitude W longitude JBH1 43°31′ N 68°37′ W JBH2 43°20′ N 68°37′ W JBH3 43°20′ N 68°55′ W JBH4 43°31′ N 68°55′ W JBH1 43°31′ N 68°37′ W (c) Cashes Ledge Habitat Management Area. Cashes Ledge HMA Point N latitude W longitude CLH1 43°01.0′ N 69°00.0′ W CLH2 43°01.0′ N 68°52.0′ W CLH3 42°45.0′ N 68°52.0′ W CLH4 42°45.0′ N 69°00.0′ W CLH1 43°01.0′ N 69°00.0′ W (d) Fippennies Ledge Habitat Management Area. Fippennies Ledge HMA Point N latitude W longitude FLH1 42°50.0′ N 69°17.0′ W FLH2 42°44.0′ N 69°14.0′ W FLH3 42°44.0′ N 69°18.0′ W FLH4 42°50.0′ N 69°21.0′ W FLH1 42°50.0′ N 69°17.0′ W (e) Ammen Rock Habitat Management Area. Ammen Rock HMA Point N latitude W longitude ARH1 42°55.5′ N 68°57.0′ W ARH2 42°52.5′ N 68°55.0′ W ARH3 42°52.5′ N 68°57.0′ W ARH4 42°55.5′ N 68°59.0′ W ARH1 42°55.5′ N 68°57.0′ W (2) No fishing vessel, including private and for-hire recreational fishing vessels, may fish in the Ammen Rock HMA, except for vessels fishing exclusively with lobster traps, as defined in § 697.2. (f) Western Gulf of Maine Habitat Management Area Coordinates. Table 6 to Paragraph (f)(1) Point N latitude W longitude WGMH1 43°15′ N 70°15′ W WGMH2 42°15′ N 70°15′ W WGMH3 42°15′ N 70°00′ W WGMH4 43°15′ N 70°00′ W WGMH1 43°15′ N 70°15′ W (2) Western Gulf of Maine Shrimp Exemption Area. Western Gulf of Maine Shrimp Exemption Area Point N latitude W longitude SEA1 43°15′ N 70° W SEA2 43°13′ N 70° W SEA3 43°13′ N 70°05′ W SEA4 43°09′ N 70°05′ W SEA5 43°09′ N 70°08′ W SEA6 42°55′ N 70°08′ W SEA7 42°55′ N 70°15′ W SEA8 43°15′ N 70°15′ W SEA1 43°15′ N 70° W (g) Closed Area II Habitat Closure Area. 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 ( 1 2 CIIH3 42°00′ N 67°0.63′ W ( 2 3 CIIH4 42°00′ N 67°10′ W CIIH5 41°50′ N 67°10′ W CIIH6 41°50′ N 67°20′ W CIIH1 42°10′ N 67°20′ W 1 2 3 (h) Great South Channel Habitat Management Area. Coordinates. Great South Channel HMA Point N latitude W longitude GSCH1 41°30.3′ N 69°31.0′ W GSCH2 41°0.00′ N 69°18.5′ W GSCH3 40°51.7′ N 69°18.5′ W GSCH4 40°51.6′ N 69°48.9′ W GSCH5 41°30.2′ N 69°49.3′ W GSCH1 41°30.3′ N 69°31.0′ W (2) Atlantic Surfclam and Mussel Dredge Exemption Areas. Dredge Exemption Area Requirements. (A) Holds a federal Atlantic surfclam vessel permit. (B) Has been issued a Letter of Authorization to fish in the Great South Channel HMA from the Regional Administrator. (C) Has a NMFS-approved VMS unit capable of automatically transmitting a signal indicating the vessel's accurate position at least once every 5 minutes while in or near the Great South Channel HMA. (D) Declares each trip into the HMA through the VMS and fishes exclusively inside HMA dredge exemption areas on such trips. (E) When fishing for surfclams in an HMA exemption area, uses only hydraulic clam dredge gear. (F) When fishing for blue mussels in an HMA exemption area, any dredge on board the vessel does not exceed 8 ft (2.4 m), measured at the widest point in the bail of the dredge, and the vessel does not possess, or land any species of fish other than blue mussels. (ii) McBlair Dredge Exemption Area. McBlair Dredge Exemption Area Point Longitude Latitude 1 69°49.255′ W 41°25.878′ N 2 69°46.951′ W 41°25.878′ N 3 69°46.951′ W 41°19.34′ N 4 69°49.187′ W 41°19.34′ N 1 69°49.255′ W 41°25.878′ N (B) The McBlair Dredge Exemption Area is open year-round. (iii) Old South Dredge Exemption Area. Old South Dredge Exemption Area Point Longitude Latitude 1 69°47′ W 41°15′ N 2 69°44′ W 41°15′ N 3 69°44.22′ W 41°10.432′ N 4 69°45′ W 41°7′ N 5 69°47′ W 41°7′ N 6 69°47′ W 41°11′ N 7 69°49.101′ W 41°11′ N 8 69°49.116′ W 41°12.5′ N 9 69°47′ W 41°12.5′ N 1 69°47′ W 41°15′ N (B) The Old South Dredge Exemption Area is open from May 1-October 31, and closed to all mobile bottom-tending gear November 1-April 30. (iv) Fishing Rip Dredge Exemption Area. Fishing Rip Dredge Exemption Area Point Longitude Latitude 1 69°28.829′ W 41°10.963′ N 2 69°27.106′ W 41°10.485′ N 3 69°29.311′ W 41°6.699′ N 4 69°27.034′ W 41°6.609′ N 5 69°27.376′ W 41°3.198′ N 6 69°29.905′ W 41°1.297′ N 7 69°32.579′ W 41°5.368′ N 8 69°31.193′ W 41°7.356′ N 1 69°28.829′ W 41°10.963′ N (B) The Fishing Rip Dredge Exemption Area is open year-round. (i) Transiting. (j) Other habitat protection measures. (k) Review of habitat management measures. [83 FR 15275, Apr. 9, 2018, as amended at 85 FR 29876, May 19, 2020; 88 FR 17402, Mar. 23, 2023] § 648.371 Dedicated Habitat Research Areas. (a) Dedicated Habitat Research Area (DHRA) topics. (b) Stellwagen Dedicated Habitat Research Area. Stellwagen DHRA Point N latitude W longitude SDHRA1 42°15.0′ N 70°00.0′ W SDHRA2 42°15.0′ N 70°15.0′ W SDHRA3 42°45.2′ N 70°15.0′ W SDHRA4 42°46.0′ N 70°13.0′ W SDHRA5 42°46.0′ N 70°00.0′ W SDHRA1 42°15.0′ N 70°00.0′ W (2) Vessels fishing with bottom-tending mobile gear, sink gillnet gear, or demersal longline gear are prohibited from fishing in the Stellwagen DHRA, unless otherwise exempted. (c) Georges Bank Dedicated Habitat Research Area. Georges Bank DHRA Point Latitude Longitude GBDHRA1 40°54.95′ N 68°53.37′ W GBDHRA2 40°58′ N 68°30′ W GBDHRA3 40°45′ N 68°30′ W GBDHRA4 40°45′ N 68°45′ W (2) Vessels fishing with bottom-tending mobile gear are prohibited from fishing in the Georges Bank DHRA, unless otherwise exempted. (d) Transiting. (e) Dedicated Habitat Research Areas review. (2) After initiation of the review and consultation with the New England Fishery Management Council, the Regional Administrator may remove a DHRA. The following criteria will be used to determine if DHRA should be maintained: (i) Documentation of active and ongoing research in the DHRA area, in the form of data records, cruise reports or inventory samples with analytical objectives focused on the DHRA topics, described in paragraph (a) of this section; and (ii) Documentation of pending or approved proposals or funding requests (including ship time requests), with objectives specific to the DHRA topics, described in paragraph (a) of this section. (3) The Regional Administrator will make any such determination in accordance with the APA through notification in the Federal Register (f) Jordan Basin Dedicated Habitat Research Area. Table 3 to Paragraph ( f Point Longitude Latitude DHRA1 −67°51.38′ 43°27.47′ DHRA2 −67°47.38′ 43°27.46′ DHRA3 −67°47.18′ 43°16.92′ DHRA4 −67°51.05′ 43°17.05′ DHRA1 −67°51.38′ 43°27.47′ (2) Fishing vessels, regardless of gear type, may fish within the Jordan Basin DHRA. [83 FR 15275, Apr. 9, 2018, as amended at 86 FR 33558, June 25, 2021] § 648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area. (a) Restrictions. (b) Broad Deep-Sea Coral Zone. 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 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 (*) 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 Block Canyon. 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 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 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 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 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-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 (*) 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 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 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 (*) 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 Canyons. 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 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 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 Complex. 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. 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 (*) 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 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 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 (*) 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. § 648.373 New England Deep-Sea Coral Protection Areas (a) Georges Bank Deep-Sea Coral Protection Area. (2) The Georges Bank Deep-Sea Coral Protection Area is bound on the west by the New England/Mid-Atlantic Inter-council Boundary line (detailed in paragraph (a)(2)(i) of this section); bound on the north by a simplified line (detailed in paragraph (a)(2)(ii) of this section) following the 600m depth contour along the southern flank of Georges Bank; and bound on the east and south by the U.S.-Canada Maritime Boundary and the outer limit of the U.S. Exclusive Economic Zone (detailed in paragraph (a)(2)(iii) of this section). (i) The western boundary is defined by the following coordinates, connected in the order listed, south to north, by straight lines: Table 1 to Paragraph ( a i Point Longitude Latitude Note 1 −68°47.62′ 38°2.21′ ( 1 2 −68°49.99′ 38°4.84′ 3 −68°57.35′ 38°13.00′ 4 −69°4.73′ 38°21.15′ 5 −69°12.13′ 38°29.29′ 6 −69°19.57′ 38°37.42′ 7 −69°27.03′ 38°45.54′ 8 −69°34.53′ 38°53.66′ 9 −69°42.05′ 39°1.77′ 10 −69°49.60′ 39°9.86′ 11 −69°57.18′ 39°17.96′ 12 −70°4.78′ 39°26.04′ 13 −70°12.42′ 39°34.11′ 14 −70°20.09′ 39°42.18′ 15 −70°27.78′ 39°50.24′ 16 −70°31.64′ 39°54.26′ 17 −70°32.09′ 39°54.72′ ( 2 Notes: ( 1 ( 2 (ii) The northern (nearshore) boundary is defined by the following coordinates, connected in the order listed, west to east, by straight lines. Table 2 to Paragraph ( a ii Point Longitude Latitude Note 17 −70°32.09′ 39°54.72′ ( 3 18 −70°29.83′ 39°59.78′ 19 −70°28.72′ 39°54.41′ 20 −70°27.52′ 39°53.44′ 21 −70°26.05′ 39°53.13′ 22 −70°23.81′ 39°53.13′ 23 −70°22.44′ 39°53.72′ 24 −70°21.97′ 39°54.94′ 25 −70°20.12′ 39°53.97′ 26 −70°16.98′ 39°53.60′ 27 −70°17.35′ 39°54.55′ 28 −70°16.99′ 39°54.77′ 29 −70°17.55′ 39°57.01′ 30 −70°16.69′ 39°57.06′ 31 −70°14.54′ 39°57.75′ 32 −70°13.64′ 39°58.44′ 33 −70°12.58′ 39°58.82′ 34 −70°12.16′ 39°58.32′ 35 −70°13.85′ 39°56.68′ 36 −70°14.29′ 39°56.56′ 37 −70°12.51′ 39°55.18′ 38 −70°11.17′ 39°55.2′ 39 −70°11.19′ 39°54.34′ 40 −70°10.33′ 39°53.64′ 41 −70°7.98′ 39°54.17′ 42 −70°6.99′ 39°54.94′ 43 −70°6.56′ 39°53.85′ 44 −70°4.99′ 39°53.24′ 45 −70°02.97′ 39°52.62′ 46 −70°02.70′ 39°53.66′ 47 −70°01.24′ 39°54.69′ 48 −70°00.34′ 39°53.26′ 49 −69°59.41′ 39°52.49′ 50 −69°57.88′ 39°52.61′ 51 −69°57.05′ 39°53.05′ 52 −69°56.35′ 39°53.59′ 53 −69°56.11′ 39°54.94′ 54 −69°55.76′ 39°55.08′ 55 −69°54.62′ 39°53.23′ 56 −69°53.02′ 39°54.29′ 57 −69°52.21′ 39°54.39′ 58 −69°52.34′ 39°53.64′ 59 −69°50.97′ 39°53.36′ 60 −69°50.65′ 39°53.73′ 61 −69°49.45′ 39°52.85′ 62 −69°49.63′ 39°52.32′ 63 −69°48.88′ 39°52.96′ 64 −69°47.91′ 39°52.54′ 65 −69°48.06′ 39°51.85′ 66 −69°42.35′ 39°52.03′ 67 −69°42.19′ 39°52.68′ 68 −69°41.32′ 39°52.27′ 69 −69°39.66′ 39°52.33′ 70 −69°40.03′ 39°53.03′ 71 −69°39.34′ 39°53.81′ 72 −69°38.51′ 39°53.04′ 73 −69°38.11′ 39°53.27′ 74 −69°37.59′ 39°52.38′ 75 −69°36.93′ 39°51.89′ 76 −69°36.99′ 39°53.42′ 77 −69°37.44′ 39°53.85′ 78 −69°37.02′ 39°54.34′ 79 −69°37.52′ 39°55.59′ 80 −69°37.01′ 39°57.70′ 81 −69°36.71′ 39°56.34′ 82 −69°36.27′ 39°55.53′ 83 −69°34.57′ 39°54.60′ 84 −69°33.63′ 39°52.98′ 85 −69°32.47′ 39°52.93′ 86 −69°31.87′ 39°53.95′ 87 −69°30.29′ 39°53.10′ 88 −69°29.48′ 39°53.43′ 89 −69°28.95′ 39°54.14′ 90 −69°27.35′ 39°54.43′ 91 −69°27.56′ 39°53.86′ 92 −69°26.77′ 39°53.38′ 93 −69°26.07′ 39°53.97′ 94 −69°25.88′ 39°53.50′ 95 −69°24.94′ 39°53.79′ 96 −69°24.47′ 39°53.50′ 97 −69°23.95′ 39°54.81′ 98 −69°23.32′ 39°54.05′ 99 −69°21.95′ 39°54.09′ 100 −69°21.07′ 39°54.38′ 101 −69°20.72′ 39°54.97′ 102 −69°19.83′ 39°54.78′ 103 −69°19.16′ 39°55.00′ 104 −69°18.60′ 39°56.03′ 105 −69°18.28′ 39°55.46′ 106 −69°17.12′ 39°55.53′ 107 −69°16.92′ 39°56.20′ 108 −69°16.27′ 39°55.87′ 109 −69°15.58′ 39°56.29′ 110 −69°14.44′ 39°57.54′ 111 −69°13.82′ 39°57.37′ 112 −69°13.47′ 39°58.01′ 113 −69°12.44′ 39°56.95′ 114 −69°12.06′ 39°57.69′ 115 −69°11.10′ 39°56.69′ 116 −69°10.92′ 39°57.04′ 117 −69°10.86′ 39°58.26′ 118 −69°10.40′ 39°58.14′ 119 −69°10.07′ 39°59.85′ 120 −69°08.70′ 39°59.01′ 121 −69°07.72′ 39°59.00′ 122 −69°07.97′ 39°58.50′ 123 −69°07.00′ 39°57.74′ 124 −69°06.31′ 39°57.59′ 125 −69°05.31′ 39°58.82′ 126 −69°04.61′ 39°58.14′ 127 −69°04.44′ 39°58.88′ 128 −69°03.89′ 39°58.95′ 129 −69°04.27′ 40°00.04′ 130 −69°03.33′ 40°00.15′ 131 −69°03.04′ 40°00.45′ 132 −69°03.43′ 40°02.96′ 133 −69°02.67′ 40°04.10′ 134 −69°03.34′ 40°05.17′ 135 −69°02.91′ 40°05.86′ 136 −69°02.12′ 40°04.15′ 137 −69°01.85′ 40°02.32′ 138 −69°01.28′ 40°01.87′ 139 −69°00.75′ 40°01.92′ 140 −68°59.76′ 40°00.83′ 141 −68°59.08′ 40°01.51′ 142 −68°58.63′ 40°00.89′ 143 −68°57.67′ 40°00.45′ 144 −68°56.65′ 40°00.44′ 145 −68°56.3′ 40°00.92′ 146 −68°55.27′ 40°00.56′ 147 −68°55.34′ 40°01.22′ 148 −68°53.97′ 40°01.40′ 149 −68°53.58′ 40°00.82′ 150 −68°53.14′ 40°01.24′ 151 −68°52.73′ 40°00.99′ 152 −68°51.53′ 40°02.81′ 153 −68°50.76′ 40°03.08′ 154 −68°50.10′ 40°03.77′ 155 −68°50.40′ 40°04.73′ 156 −68°48.94′ 40°04.35′ 157 −68°49.05′ 40°05.84′ 158 −68°48.11′ 40°05.05′ 159 −68°47.58′ 40°03.99′ 160 −68°47.90′ 40°03.25′ 161 −68°47.71′ 40°02.93′ 162 −68°46.96′ 40°03.36′ 163 −68°46.51′ 40°04.02′ 164 −68°46.21′ 40°03.41′ 165 −68°45.61′ 40°03.36′ 166 −68°45.44′ 40°03.86′ 167 −68°45.08′ 40°03.60′ 168 −68°45.11′ 40°04.24′ 169 −68°44.63′ 40°04.06′ 170 −68°44.12′ 40°04.58′ 171 −68°43.78′ 40°02.68′ 172 −68°42.97′ 40°03.02′ 173 −68°42.28′ 40°01.90′ 174 −68°41.01′ 40°02.72′ 175 −68°41.16′ 40°03.54′ 176 −68°41.50′ 40°04.04′ 177 −68°41.06′ 40°04.02′ 178 −68°40.15′ 40°05.30′ 179 −68°39.31′ 40°04.19′ 180 −68°38.69′ 40°04.57′ 181 −68°37.78′ 40°03.47′ 182 −68°37.07′ 40°04.08′ 183 −68°36.76′ 40°03.68′ 184 −68°36.36′ 40°04.02′ 185 −68°36.55′ 40°04.82′ 186 −68°35.91′ 40°05.56′ 187 −68°35.16′ 40°04.83′ 188 −68°33.63′ 40°04.04′ 189 −68°32.76′ 40°04.76′ 190 −68°32.44′ 40°05.91′ 191 −68°31.58′ 40°05.48′ 192 −68°30.88′ 40°05.81′ 193 −68°30.89′ 40°06.29′ 194 −68°30.29′ 40°06.40′ 195 −68°31.11′ 40°06.95′ 196 −68°30.46′ 40°07.60′ 197 −68°30.46′ 40°08.19′ 198 −68°29.29′ 40°08.05′ 199 −68°29.48′ 40°09.55′ 200 −68°30.08′ 40°11.48′ 201 −68°28.16′ 40°10.69′ 202 −68°27.41′ 40°10.95′ 203 −68°27.66′ 40°10.26′ 204 −68°26.67′ 40°09.09′ 205 −68°26.81′ 40°07.63′ 206 −68°25.20′ 40°06.46′ 207 −68°24.46′ 40°06.12′ 208 −68°24.07′ 40°07.70′ 209 −68°23.39′ 40°07.29′ 210 −68°22.17′ 40°07.15′ 211 −68°21.86′ 40°08.26′ 212 −68°22.03′ 40°08.77′ 213 −68°21.58′ 40°08.86′ 214 −68°20.52′ 40°09.57′ 215 −68°19.88′ 40°09.36′ 216 −68°19.14′ 40°10.44′ 217 −68°18.51′ 40°10.02′ 218 −68°17.72′ 40°09.64′ 219 −68°17.76′ 40°10.66′ 220 −68°16.86′ 40°10.68′ 221 −68°16.78′ 40°11.65′ 222 −68°16.70′ 40°12.27′ 223 −68°16.81′ 40°13.24′ 224 −68°16.29′ 40°14.68′ 225 −68°14.75′ 40°13.04′ 226 −68°14.00′ 40°12.79′ 227 −68°13.88′ 40°12.21′ 228 −68°13.14′ 40°11.49′ 229 −68°13.30′ 40°12.07′ 230 −68°12.84′ 40°12.48′ 231 −68°12.54′ 40°13.08′ 232 −68°12.20′ 40°12.80′ 233 −68°11.51′ 40°13.48′ 234 −68°10.65′ 40°12.05′ 235 −68°10.05′ 40°13.00′ 236 −68°08.65′ 40°12.16′ 237 −68°08.33′ 40°13.06′ 238 −68°08.60′ 40°14.17′ 239 −68°08.15′ 40°15.30′ 240 −68°08.33′ 40°15.56′ 241 −68°09.02′ 40°16.17′ 242 −68°08.73′ 40°16.56′ 243 −68°09.02′ 40°17.94′ 244 −68°08.82′ 40°18.63′ 245 −68°09.14′ 40°21.96′ 246 −68°09.19′ 40°22.96′ 247 −68°07.89′ 40°24.16′ 248 −68°08.53′ 40°22.91′ 249 −68°08.36′ 40°21.85′ 250 −68°07.94′ 40°20.88′ 251 −68°07.22′ 40°19.75′ 252 −68°06.28′ 40°17.81′ 253 −68°05.00′ 40°16.41′ 254 −68°03.61′ 40°17.70′ 255 −68°03.27′ 40°15.88′ 256 −68°02.93′ 40°15.07′ 257 −68°01.95′ 40°14.69′ 258 −68°00.78′ 40°15.22′ 259 −68°00.67′ 40°15.85′ 260 −67°59.14′ 40°14.75′ 261 −67°58.80′ 40°15.83′ 262 −67°58.28′ 40°15.58′ 263 −67°57.85′ 40°16.63′ 264 −67°57.58′ 40°17.38′ 265 −67°56.51′ 40°16.19′ 266 −67°55.99′ 40°16.45′ 267 −67°55.23′ 40°14.90′ 268 −67°54.31′ 40°16.24′ 269 −67°53.88′ 40°17.41′ 270 −67°52.96′ 40°16.95′ 271 −67°52.29′ 40°17.18′ 272 −67°52.46′ 40°19.25′ 273 −67°52.26′ 40°19.59′ 274 −67°52.88′ 40°20.05′ 275 −67°52.54′ 40°20.86′ 276 −67°53.31′ 40°21.24′ 277 −67°53.07′ 40°22.08′ 278 −67°51.62′ 40°21.24′ 279 −67°51.26′ 40°20.48′ 280 −67°49.97′ 40°18.81′ 281 −67°49.29′ 40°18.78′ 282 −67°49.49′ 40°18.49′ 283 −67°49.40′ 40°18.13′ 284 −67°49.12′ 40°18.09′ 285 −67°47.94′ 40°15.79′ 286 −67°46.47′ 40°16.00′ 287 −67°46.23′ 40°16.37′ 288 −67°45.61′ 40°16.18′ 289 −67°45.80′ 40°16.54′ 290 −67°45.66′ 40°17.53′ 291 −67°45.34′ 40°18.75′ 292 −67°44.52′ 40°18.25′ 293 −67°44.13′ 40°18.39′ 294 −67°43.50′ 40°18.84′ 295 −67°43.42′ 40°18.00′ 296 −67°42.81′ 40°18.27′ 297 −67°42.61′ 40°17.62′ 298 −67°41.69′ 40°17.88′ 299 −67°41.81′ 40°19.20′ 300 −67°42.61′ 40°20.29′ 301 −67°39.96′ 40°22.27′ 302 −67°40.38′ 40°24.07′ 303 −67°39.92′ 40°25.32′ 304 −67°39.77′ 40°24.13′ 305 −67°39.64′ 40°23.12′ 306 −67°39.20′ 40°21.31′ 307 −67°39.88′ 40°20.41′ 308 −67°39.06′ 40°19.39′ 309 −67°37.75′ 40°18.86′ 310 −67°37.54′ 40°19.41′ 311 −67°36.18′ 40°19.12′ 312 −67°35.49′ 40°20.23′ 313 −67°34.74′ 40°19.65′ 314 −67°34.16′ 40°21.13′ 315 −67°33.06′ 40°20.46′ 316 −67°32.36′ 40°21.41′ 317 −67°31.99′ 40°20.77′ 318 −67°30.93′ 40°20.91′ 319 −67°30.69′ 40°20.52′ 320 −67°30.02′ 40°21.66′ 321 −67°29.38′ 40°21.09′ 322 −67°28.94′ 40°21.57′ 323 −67°28.35′ 40°22.81′ 324 −67°27.79′ 40°22.19′ 325 −67°26.75′ 40°21.57′ 326 −67°25.66′ 40°22.31′ 327 −67°25.43′ 40°22.61′ 328 −67°25.30′ 40°23.42′ 329 −67°25.36′ 40°24.34′ 330 −67°25.16′ 40°24.64′ 331 −67°25.53′ 40°24.93′ 332 −67°24.73′ 40°25.43′ 333 −67°24.13′ 40°27.58′ 334 −67°23.69′ 40°24.23′ 335 −67°22.74′ 40°23.27′ 336 −67°21.70′ 40°23.12′ 337 −67°21.33′ 40°23.77′ 338 −67°20.68′ 40°23.40′ 339 −67°20.05′ 40°24.39′ 340 −67°19.11′ 40°23.85′ 341 −67°18.75′ 40°25.17′ 342 −67°18.09′ 40°24.77′ 343 −67°17.32′ 40°25.14′ 344 −67°17.33′ 40°25.59′ 345 −67°16.37′ 40°25.50′ 346 −67°15.62′ 40°25.40′ 347 −67°15.19′ 40°25.64′ 348 −67°14.76′ 40°26.24′ 349 −67°14.99′ 40°26.93′ 350 −67°13.99′ 40°26.63′ 351 −67°13.29′ 40°27.31′ 352 −67°12.58′ 40°26.87′ 353 −67°12.77′ 40°27.74′ 354 −67°12.23′ 40°28.01′ 355 −67°12.05′ 40°27.56′ 356 −67°11.37′ 40°27.75′ 357 −67°10.84′ 40°27.12′ 358 −67°10.19′ 40°27.14′ 359 −67°09.05′ 40°28.84′ 360 −67°07.83′ 40°28.25′ 361 −67°07.55′ 40°28.65′ 362 −67°07.58′ 40°29.49′ 363 −67°05.80′ 40°28.71′ 364 −67°04.83′ 40°29.41′ 365 −67°04.52′ 40°29.86′ 366 −67°03.56′ 40°29.83′ 367 −67°03.27′ 40°31.27′ 368 −67°01.67′ 40°30.25′ 369 −67°00.06′ 40°31.03′ 370 −66°59.48′ 40°31.63′ 371 −67°00.01′ 40°32.61′ 372 −66°59.56′ 40°32.78′ 373 −67°00.34′ 40°34.03′ 374 −67°01.15′ 40°34.92′ 375 −67°01.25′ 40°36.83′ 376 −66°59.94′ 40°35.55′ 377 −66°59.40′ 40°35.40′ 378 −66°58.89′ 40°35.52′ 379 −66°58.73′ 40°34.91′ 380 −66°58.44′ 40°34.94′ 381 −66°58.13′ 40°35.50′ 382 −66°57.52′ 40°34.93′ 383 −66°57.43′ 40°35.42′ 384 −66°56.72′ 40°35.16′ 385 −66°56.44′ 40°35.81′ 386 −66°56.09′ 40°35.36′ 387 −66°55.56′ 40°35.65′ 388 −66°55.61′ 40°34.90′ 389 −66°54.85′ 40°34.42′ 390 −66°54.68′ 40°35.40′ 391 −66°52.45′ 40°36.18′ 392 −66°52.51′ 40°36.80′ 393 −66°51.93′ 40°36.82′ 394 −66°51.88′ 40°37.40′ 395 −66°51.38′ 40°37.30′ 396 −66°51.44′ 40°37.81′ 397 −66°50.36′ 40°37.77′ 398 −66°50.78′ 40°38.81′ 399 −66°49.27′ 40°38.41′ 400 −66°48.84′ 40°38.70′ 401 −66°49.25′ 40°39.85′ 402 −66°47.92′ 40°39.57′ 403 −66°47.83′ 40°39.82′ 404 −66°47.79′ 40°40.82′ 405 −66°46.91′ 40°40.33′ 406 −66°46.02′ 40°40.07′ 407 −66°45.89′ 40°41.47′ 408 −66°44.79′ 40°41.19′ 409 −66°44.30′ 40°41.37′ 410 −66°44.17′ 40°42.32′ 411 −66°43.43′ 40°42.42′ 412 −66°42.39′ 40°42.67′ 413 −66°42.87′ 40°44.75′ 414 −66°42.49′ 40°45.21′ 415 −66°42.67′ 40°45.83′ 416 −66°43.02′ 40°46.23′ 417 −66°41.12′ 40°45.96′ 418 −66°40.98′ 40°45.61′ 419 −66°40.63′ 40°45.35′ 420 −66°39.37′ 40°45.98′ 421 −66°39.74′ 40°46.65′ 422 −66°39.99′ 40°46.93′ 423 −66°39.23′ 40°46.97′ 424 −66°38.17′ 40°47.99′ 425 −66°37.69′ 40°47.13′ 426 −66°36.94′ 40°47.36′ 427 −66°37.05′ 40°47.83′ 428 −66°36.49′ 40°47.87′ 429 −66°36.12′ 40°48.59′ 430 −66°35.63′ 40°48.13′ 431 −66°35.30′ 40°48.35′ 432 −66°35.35′ 40°49.96′ 433 −66°34.96′ 40°50.30′ 434 −66°34.50′ 40°50.33′ 435 −66°34.26′ 40°50.91′ 436 −66°34.76′ 40°51.34′ 437 −66°33.57′ 40°51.38′ 438 −66°34.29′ 40°52.10′ 439 −66°33.55′ 40°52.16′ 440 −66°33.32′ 40°52.70′ 441 −66°32.88′ 40°52.69′ 442 −66°32.62′ 40°51.96′ 443 −66°32.01′ 40°51.53′ 444 −66°30.28′ 40°53.07′ 445 −66°30.69′ 40°53.61′ 446 −66°30.15′ 40°53.84′ 447 −66°30.14′ 40°54.17′ 448 −66°30.67′ 40°54.62′ 449 −66°28.81′ 40°54.47′ 450 −66°28.84′ 40°55.04′ 451 −66°28.16′ 40°55.03′ 452 −66°27.30′ 40°55.99′ 453 −66°25.16′ 40°58.14′ 454 −66°24.11′ 40°59.64′ 455 −66°24.37′ 41°00.32′ 456 −66°23.57′ 41°00.33′ 457 −66°22.61′ 41°01.68′ 458 −66°23.05′ 41°02.64′ 459 −66°24.77′ 41°03.86′ 460 −66°24.03′ 41°04.11′ 461 −66°24.60′ 41°04.95′ 462 −66°22.60′ 41°04.23′ 463 −66°21.17′ 41°04.35′ 464 −66°21.11′ 41°05.02′ 465 −66°19.77′ 41°04.45′ 466 −66°18.07′ 41°06.00′ 467 −66°18.24′ 41°07.82′ 468 −66°17.07′ 41°08.68′ 469 −66°16.90′ 41°08.93′ 470 −66°16.86′ 41°08.98′ ( 4 Notes: ( 3 ( 4 (iii) The eastern and southern boundary (from Point 470) follows the U.S.-Canada Maritime Boundary southeasterly to its intersection with the outer limit of the U.S. Exclusive Economic Zone. The boundary then follows the outer limit of the U.S. Exclusive Economic Zone southwesterly back to its origin at POINT 01. (b) Mount Desert Rock Coral Protection Area. (2) The Mount Desert Rock Coral Protection Area is defined by the following coordinates, connected in the order listed by straight lines: Table 3 to Paragraph ( b Point Longitude Latitude MDR1 −68°13.16′ 43°56.99′ MDR2 −68°12.00′ 43°57.00′ MDR3 −68°11.45′ 43°56.17′ MDR4 −68°12.21′ 43°52.62′ MDR5 −68°14.32′ 43°52.11′ MDR1 −68°13.16′ 43°56.99′ (c) Outer Schoodic Ridge Coral Protection Area. (2) The Outer Schoodic Ridge Coral Protection Area is defined by the following coordinates, connected in the order listed by straight lines: Table 4 to Paragraph ( c Point Longitude Latitude OSR1 −67°35.60′ 44°13.49′ OSR2 −67°33.10′ 44°12.56′ OSR3 −67°39.70′ 44°02.48′ OSR4 −67°42.29′ 44°03.48′ OSR1 −67°35.60′ 44°13.49′ (d) Transiting. (e) Framework adjustments. (1) Adding, revising, or removing coral areas; (2) Changing fishing restrictions in coral areas; and (3) Developing new, or changing existing, coral area fishery access or exploratory fishing programs. [86 FR 33558, June 25, 2021] Figure 1 to Part 648 [77 FR 26127, May 2, 2012]

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