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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 34:34:3.1.3.1.18.1.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.1 What is the Graduate Assistance in Areas of National Need program? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 64 FR 13487, Mar. 18, 1999] | The Graduate Assistance in Areas of National Need program provides fellowships through academic departments of institutions of higher education to assist graduate students of superior ability who demonstrate financial need. | ||||
| 34:34:3.1.3.1.18.1.17.2 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.2 Who is eligible for a grant? | ED | (a) The Secretary awards grants to the following: (1) Any academic department of an institution of higher education that provides a course of study that— (i) Leads to a graduate degree in an area of national need; and (ii) Has been in existence for at least four years at the time of an application for a grant under this part. (2) An academic department of an institution of higher education that— (i) Satisfies the requirements of paragraph (a)(1) of this section; and (ii) Submits a joint application with one or more eligible nondegree-granting institutions that have formal arrangements for the support of doctoral dissertation research with one or more degree-granting institutions. (b) A formal arrangement under paragraph (a)(2)(ii) of this section is a written agreement between a degree-granting institution and an eligible nondegree-granting institution whereby the degree-granting institution accepts students from the eligible nondegree-granting institution as doctoral degree candidates with the intention of awarding these students doctorates in an area of national need. (c) The Secretary does not award a grant under this part for study at a school or department of divinity. | |||||
| 34:34:3.1.3.1.18.1.17.3 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.3 What activities may the Secretary fund? | ED | (a) The Secretary awards grants to institutions of higher education to fund fellowships in one or more areas of national need. (b)(1) For the purposes of this part, the Secretary designates areas of national need from the academic areas listed in the appendix to this part or from the resulting inter-disciplines. (2) The Secretary announces these areas of national need in a notice published in the Federal Register. | |||||
| 34:34:3.1.3.1.18.1.17.4 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.4 What is included in the grant? | ED | Each grant awarded by the Secretary consists of the following: (a) The stipends paid by the Secretary through the institution of higher education to fellows. The stipend provides an allowance to a fellow for the fellow's (and his or her dependents') subsistence and other expenses. (b) The institutional payments paid by the Secretary to the institution of higher education to be applied against each fellow's tuition, fees, and the costs listed in § 648.62(b). | |||||
| 34:34:3.1.3.1.18.1.17.5 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.5 What is the amount of a grant? | ED | (a) The amount of a grant to an academic department may not be less than $100,000 and may not be more than $750,000 in a fiscal year. (b) In any fiscal year, no academic department may receive more than $750,000 as an aggregate total of new and continuing grants. | |||||
| 34:34:3.1.3.1.18.1.17.6 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.6 What is the duration of a grant? | ED | The duration of a grant awarded under this part is a maximum of three annual budget periods during a three-year (36-month) project period. | |||||
| 34:34:3.1.3.1.18.1.17.7 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.7 What is the institutional matching contribution? | ED | An institution shall provide, from non-Federal funds, an institutional matching contribution equal to at least 25 percent of the amount of the grant received under this part, for the uses indicated in § 648.63. | |||||
| 34:34:3.1.3.1.18.1.17.8 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.8 What regulations apply? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 79 FR 76103, Dec. 19, 2014] | The following regulations apply to this program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) [Reserved] (2) 34 CFR part 75 (Direct Grant Programs). (3) 34 CFR part 77 (Definitions that Apply to Department Regulations). (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 82 (New Restrictions on Lobbying). (6) [Reserved] (7) 34 CFR part 86 (Drug-Free Schools and Campuses). (b) The regulations in this part. (c)(1) 2 CFR part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485; and (2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474. | ||||
| 34:34:3.1.3.1.18.1.17.9 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | A | Subpart A—General | § 648.9 What definitions apply? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 79 FR 76103, Dec. 19, 2014] | (a) General definitions. The following terms used in this part are defined in 2 CFR part 200, subpart A, or 34 CFR 77.1: Applicant Application Award Budget Budget period Department EDGAR Equipment Grant Nonprofit Project period Secretary Supplies (b) Other definitions. The following definitions also apply to this part: Academic department means any department, program, unit, orany other administrative subdivision of an institution of higher education that— (i) Directly administers or supervises post-baccalaureate instruction in a specific discipline; and (ii) Has the authority to award academic course credit acceptable to meet degree requirements at an institution of higher education. Academic field means an area of study in an academic department within an institution of higher education other than a school or department of divinity. Academic year means the 12-month period commencing with the fall instructional term of the institution. Application period means the period in which the Secretary solicits applications for this program. Discipline means a branch of instruction or learning. Eligible non-degree granting institution means any institution that— (i) Conducts post-baccalaureate academic programs of study but does not award doctoral degrees in an area of national need; (ii) Is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of the Code; (iii) Is organized and operated substantially to conduct scientific and cultural research and graduate training programs; (iv) Is not a private foundation; (v) Has academic personnel for instruction and counseling who meet the standards of the institution of higher education in which the students are enrolled; and (vi) Has necessary research resources not otherwise readily available in the institutions in which students are enrolled. Fees mean non-refundable charges paid by a graduate student for services, materials, and supplies that are not included within t… | ||||
| 34:34:3.1.3.1.18.2.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | B | Subpart B—How Does an Institution of Higher Education Apply for a Grant? | § 648.20 How does an institution of higher education apply for a grant? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 64 FR 13487, Mar. 18, 1999] | (a) To apply for a grant under this part, an institution of higher education shall submit an application that responds to the appropriate selection criteria in § 648.31. (b) In addition, an application for a grant must— (1) Describe the current academic program for which the grant is sought; (2) Request a specific number of fellowships to be awarded on a full-time basis for the academic year covered under the grant in each academic field included in the application; (3) Set forth policies and procedures to ensure that in making fellowship awards under this part the institution will seek talented students from traditionally underrepresented backgrounds; (4) Set forth policies and procedures to assure that in making fellowship awards under this part the institution will make awards to individuals who satisfy the requirements of § 648.40; (5) Set forth policies and procedures to ensure that Federal funds made available under this part for any fiscal year will be used to supplement and, to the extent practical, increase the funds that otherwise would be made available for the purposes of this part and, in no case, to supplant those funds; (6) Provide assurances that the institution will provide the institutional matching contribution described in § 648.7; (7) Provide assurances that, in the event that funds made available to the academic department under this part are insufficient to provide the assistance due a student under the commitment entered into between the academic department and the student, the academic department will, from any funds available to it, fulfill the commitment to the student; (8) Provide that the institution will comply with the requirements in subpart F; and (9) Provide assurances that the academic department will provide at least one year of supervised training in instruction to students receiving fellowships under this program. (c) In any application period, an academic department may not submit more than one application for new awards. | ||||
| 34:34:3.1.3.1.18.3.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | C | Subpart C—How Does the Secretary Make an Award? | § 648.30 How does the Secretary evaluate an application? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 70 FR 13375, Mar. 21, 2005] | (a) The Secretary evaluates an application on the basis of the criteria in § 648.31. (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register . | ||||
| 34:34:3.1.3.1.18.3.17.2 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | C | Subpart C—How Does the Secretary Make an Award? | § 648.31 What selection criteria does the Secretary use? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 70 FR 13375, Mar. 21, 2005] | The Secretary evaluates an application on the basis of the criteria in this section. (a) Meeting the purposes of the program. The Secretary reviews each application to determine how well the project will meet the purposes of the program, including the extent to which— (1) The applicant's general and specific objectives for the project are realistic and measurable; (2) The applicant's objectives for the project seek to sustain and enhance the capacity for teaching and research at the institution and at State, regional, or national levels; (3) The applicant's objectives seek to institute policies and procedures to ensure the enrollment of talented graduate students from traditionally underrepresented backgrounds; and (4) The applicant's objectives seek to institute policies and procedures to ensure that it will award fellowships to individuals who satisfy the requirements of § 648.40. (b) Extent of need for the project. The Secretary considers the extent to which a grant under the program is needed by the academic department by considering— (1) How the applicant identified the problems that form the specific needs of the project; (2) The specific problems to be resolved by successful realization of the goals and objectives of the project; and (3) How increasing the number of fellowships will meet the specific and general objectives of the project. (c) Quality of the graduate academic program. The Secretary reviews each application to determine the quality of the current graduate academic program for which project funding is sought, including— (1) The course offerings and academic requirements for the graduate program; (2) The qualifications of the faculty, including education, research interest, publications, teaching ability, and accessibility to graduate students; (3) The focus and capacity for research; and (4) Any other evidence the applicant deems appropriate to demonstrate the quality of its academic program. (d) Quality of the supervised teaching experience. The Secretary reviews each … | ||||
| 34:34:3.1.3.1.18.3.17.3 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | C | Subpart C—How Does the Secretary Make an Award? | § 648.32 What additional factors does the Secretary consider? | ED | (a) Continuation awards. (1) Before funding new applications, the Secretary gives preference to grantees requesting their second or third year of funding. (2) If appropriations for this program are insufficient to fund all continuation grantees for the second and third years at the approved funding level, the Secretary prorates the available funds, if any, among the continuation grantees and, if necessary, awards continuation grants of less than $100,000. (b) Equitable distribution. In awarding grants, the Secretary will, consistent with an allocation of awards based on the quality of competing applications, ensure the following: (1) An equitable geographic distribution of grants to eligible applicant institutions of higher education. (2) An equitable distribution of grants to eligible applicant public and eligible applicant private institutions of higher education. | |||||
| 34:34:3.1.3.1.18.3.17.4 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | C | Subpart C—How Does the Secretary Make an Award? | § 648.33 What priorities and absolute preferences does the Secretary establish? | ED | (a) For each application period, the Secretary establishes as an area of national need and gives absolute preference to one or more of the general disciplines and sub-disciplines listed as priorities in the appendix to this part or the resulting interdisciplines. (b) The Secretary announces the absolute preferences in a notice published in the Federal Register. | |||||
| 34:34:3.1.3.1.18.4.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | D | Subpart D—How Are Fellows Selected? | § 648.40 How does an academic department select fellows? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 64 FR 13487, Mar. 18, 1999] | (a) In selecting individuals to receive fellowships, an academic department shall consider only individuals who— (1) Are currently enrolled as graduate students, have been accepted at the grantee institution, or are enrolled or accepted as graduate students at an eligible nondegree-granting institution; (2) Are of superior ability; (3) Have an excellent academic record; (4) Have financial need; (5) Are planning to pursue the highest possible degree available in their course of study; (6) Are planning a career in teaching or research; (7) Are not ineligible to receive assistance under 34 CFR 75.60; and (8)(i) Are United States citizens or nationals; (ii) Are permanent residents of the United States; (iii) Provide evidence from the Immigration and Naturalization Service that they are in the United States for other than a temporary purpose with the intention of becoming permanent residents; or (iv) Are citizens of any one of the Freely Associated States. (b) An individual who satisfies the eligibility criteria in paragraph (a) of this section, but who attends an institution that does not offer the highest possible degree available in the individual's course of study, is eligible for a fellowship if the individual plans to attend subsequently an institution that offers this degree. | ||||
| 34:34:3.1.3.1.18.4.17.2 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | D | Subpart D—How Are Fellows Selected? | § 648.41 How does an individual apply for a fellowship? | ED | An individual shall apply directly to an academic department of an institution of higher education that has received a grant. | |||||
| 34:34:3.1.3.1.18.5.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | E | Subpart E—How Does the Secretary Distribute Funds? | § 648.50 What are the Secretary's payment procedures? | ED | (a) The Secretary awards to the institution of higher education a stipend and an institutional payment for each individual awarded a fellowship under this part. (b) If an academic department of an institution of higher education is unable to use all of the amounts available to it under this part, the Secretary reallots the amounts not used to academic departments of other institutions of higher education for use in the academic year following the date of the reallotment. | |||||
| 34:34:3.1.3.1.18.5.17.2 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | E | Subpart E—How Does the Secretary Distribute Funds? | § 648.51 What is the amount of a stipend? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 64 FR 13487, Mar. 18, 1999] | (a) For a fellowship initially awarded for an academic year prior to the academic year 1993-94, the institution shall pay the fellow a stipend in an amount that equals the fellow's financial need or $10,000, whichever is less. (b) For a fellowship initially awarded for the academic year 1993-94, or any succeeding academic year, the institution shall pay the fellow a stipend at a level of support equal to that provided by the National Science Foundation graduate fellowships, except that this amount must be adjusted as necessary so as not to exceed the fellow's demonstrated level of financial need as determined under part F of title IV of the HEA. The Secretary announces the amount of the stipend in a notice published in the Federal Register. | ||||
| 34:34:3.1.3.1.18.5.17.3 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | E | Subpart E—How Does the Secretary Distribute Funds? | § 648.52 What is the amount of the institutional payment? | ED | [58 FR 65842, Dec. 16, 1993, as amended at 64 FR 13487, Mar. 18, 1999] | (a) For academic year 1998-1999, the amount of the institutional payment received by an institution of higher education for each student awarded a fellowship at the institution is $10,222. Thereafter, the Secretary adjusts the amount of the institutional payment annually in accordance with inflation as determined by the United States Department of Labor's Consumer Price Index for the previous calendar year. The Secretary announces the amount of the institutional payment in a notice published in the Federal Register. (b) The institutional allowance paid under paragraph (a) of this section is reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipient's instructional program. | ||||
| 34:34:3.1.3.1.18.6.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.60 When does an academic department make a commitment to a fellow to provide stipend support? | ED | (a) An academic department makes a commitment to a fellow at any point in his or her graduate study for the length of time necessary for the fellow to complete the course of graduate study, but in no case longer than five years. (b) An academic department shall not make a commitment under paragraph (a) of this section to provide stipend support unless the academic department has determined that adequate funds are available to fulfill the commitment either from funds received or anticipated under this part or from institutional funds. | |||||
| 34:34:3.1.3.1.18.6.17.2 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.61 How must the academic department supervise the training of fellows? | ED | The institution shall provide to fellows at least one academic year of supervised training in instruction at the graduate or undergraduate level at the schedule of at least one-half-time teaching assistant. | |||||
| 34:34:3.1.3.1.18.6.17.3 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.62 How can the institutional payment be used? | ED | (a) The institutional payment must be first applied against a fellow's tuition and fees. (b) After payment of a fellow's tuition and fees, the institutional payment may be applied against educational expenses of the fellow that are not covered by tuition and fees and are related to the academic program in which the fellow is enrolled. These expenses include the following: (1) Costs for rental or purchase of any books, materials, or supplies required of students in the same course of study. (2) Costs of computer hardware, project specific software, and other equipment prorated by the length of the student's fellowship over the reasonable life of the equipment. (3) Membership fees of professional associations. (4) Travel and per diem to professional association meetings and registration fees. (5) International travel, per diem, and registration fees to participate in educational activities. (6) Expenses incurred in research. (7) Costs of reproducing and binding of educational products. (c) The institutional payment must supplement and, to the extent practical, increase the funds that would otherwise be made available for the purpose of the program and, in no case, to supplant institutional funds currently available for fellowships. | |||||
| 34:34:3.1.3.1.18.6.17.4 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.63 How can the institutional matching contribution be used? | ED | (a) The institutional matching contribution may be used to— (1) Provide additional fellowships to graduate students who are not already receiving fellowships under this part and who satisfy the requirements of § 648.40; (2) Pay for tuition, fees, and the costs listed in § 648.62(b); (3) Pay for costs of providing a fellow's instruction that are not included in the tuition or fees paid to the institution in which the fellow is enrolled; and (4) Supplement the stipend received by a fellow under § 648.51 in an amount not to exceed a fellow's financial need. (b) An institution may not use its institutional matching contribution to fund fellowships that were funded by the institution prior to the award of the grant. | |||||
| 34:34:3.1.3.1.18.6.17.5 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.64 What are unallowable costs? | ED | Neither grant funds nor the institutional matching funds may be used to pay for general operational overhead costs of the academic department. | |||||
| 34:34:3.1.3.1.18.6.17.6 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.65 How does the institution of higher education disburse and return funds? | ED | (a) An institution that receives a grant shall disburse a stipend to a fellow in accordance with its regular payment schedule, but shall not make less than one payment per academic term. (b) If a fellow withdraws from an institution before completion of an academic term, the institution may award the fellowship to another individual who satisfies the requirements in § 648.40. (c) If a fellowship is vacated or discontinued for any period of time, the institution shall return a prorated portion of the institutional payment and unexpended stipend funds to the Secretary, unless the Secretary authorizes the use of those funds for a subsequent project period. The institution shall return the prorated portion of the institutional payment and unexpended stipend funds at a time and in a manner determined by the Secretary. (d) If a fellow withdraws from an institution before the completion of the academic term for which he or she received a stipend installment, the fellow shall return a prorated portion of the stipend installment to the institution at a time and in a manner determined by the Secretary. | |||||
| 34:34:3.1.3.1.18.6.17.7 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | F | Subpart F—What Are the Administrative Responsibilities of the Institution? | § 648.66 What records and reports are required from the institution? | ED | (a) An institution of higher education that receives a grant shall provide to the Secretary, prior to the receipt of grant funds for disbursement to a fellow, a certification that the fellow is enrolled in, is making satisfactory progress in, and is devoting essentially full time to study in the academic field for which the grant was made. (b) An institution of higher education that receives a grant shall keep records necessary to establish— (1) That each student receiving a fellowship satisfies the eligibility requirements in § 648.40; (2) The time and amount of all disbursements and return of stipend payments; (3) The appropriate use of the institutional payment; and (4) That assurances, policies, and procedures provided in its application have been satisfied. | |||||
| 34:34:3.1.3.1.18.7.17.1 | 34 | Education | VI | 648 | PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED | G | Subpart G—What Conditions Must Be Met by a Fellow After an Award? | § 648.70 What conditions must be met by a fellow? | ED | To continue to be eligible for a fellowship, a fellow must— (a) Maintain satisfactory progress in the program for which the fellowship was awarded; (b) Devote essentially full time to study or research in the academic field in which the fellowship was awarded; and (c) Not engage in gainful employment, except on a part-time basis in teaching, research, or similar activities determined by the academic department to be in support of the fellow's progress toward a degree. | |||||
| 50:50:12.0.1.1.5.1.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.1 Purpose and scope. | FWS | [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] | (a) This part implements the fishery management plans (FMPs) for the Atlantic mackerel, Atlantic chub mackerel, longfin squid, Illex squid, and butterfish fisheries (Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the Atlantic sea scallop fishery (Scallop FMP); the Atlantic surfclam and ocean quahog fisheries (Atlantic Surfclam and Ocean Quahog FMP); the NE multispecies and monkfish fisheries ((NE Multispecies FMP) and (Monkfish FMP)); the summer flounder, scup, and black sea bass fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery (Atlantic Bluefish FMP); the Atlantic herring fishery (Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish FMP); the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the golden and blueline tilefish fisheries (Tilefish FMP); and the NE skate complex fisheries (Skate FMP). These FMPs and the regulations in this part govern the conservation and management of the above named fisheries of the Northeastern United States. (b) This part governs domestic fishing only. Foreign fishing is governed under subpart F of part 600 of this chapter. | ||||
| 50:50:12.0.1.1.5.1.1.10 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.10 VMS and DAS requirements for vessel owners/operators. | FWS | [74 FR 20530, May 4, 2009] | (a) VMS Demarcation Line. The VMS Demarcation Line is defined by straight lines connecting the following coordinates in the order stated (a copy of a map showing the line is available from the Regional Administrator upon request): VMS Demarcation Line (b) Vessels required to use VMS. The following vessels must have installed on board an operational VMS unit that meets the minimum performance criteria specified in, or as modified pursuant to § 648.9(a): (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., Category A, B, or C), or a vessel issued a Category E Herring Permit, or a vessel declaring an Atlantic herring carrier trip via VMS. (9) A vessel issued a Tier 1, Tier 2, or Tier 3 limited access Atlantic mackerel p… | ||||
| 50:50:12.0.1.1.5.1.1.11 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.11 Monitoring coverage. | FWS | [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] | (a) Coverage. The Regional Administrator may request any vessel holding a permit for Atlantic sea scallops, Northeast multispecies, monkfish, skates, Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, spiny dogfish, Atlantic herring, tilefish, Atlantic surfclam, ocean quahog, or Atlantic deep-sea red crab; or a moratorium permit for summer flounder; to carry a fisheries observer. A vessel holding a permit for Atlantic sea scallops is subject to the additional requirements specific in paragraph (g) of this section. Also, any vessel or vessel owner/operator that fishes for, catches or lands hagfish, or intends to fish for, catch, or land hagfish in or from the exclusive economic zone must carry a fisheries observer when requested by the Regional Administrator in accordance with the requirements of this section. The requirements of this section do not apply to vessels with only a Federal private recreational tilefish permit. (b) Facilitating coverage. If requested by the Regional Administrator or their designees, including observers, monitors, and NMFS staff, to be sampled by an observer or monitor, it is the responsibility of the vessel owner or vessel operator to arrange for and facilitate observer or monitor placement. Owners or operators of vessels selected for observer or monitor coverage must notify the appropriate monitoring service provider before commencing any fishing trip that may result in the harvest of resources of the respective fishery. Notification procedures will be specified in selection letters to vessel owners or permit holder letters. (c) Safety waivers. The Regional Administrator may waive the requirement to be sampled by an observer or monitor if the facilities on a vessel for housing the observer or monitor, or for carrying out observer or monitor functions, are so inadequate or unsafe that the health or safety of the observer or monitor, or the safe operation of the vessel, would be jeopardized. (d) Vessel requirements associated with coverage. An owner or oper… | ||||
| 50:50:12.0.1.1.5.1.1.12 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.12 Experimental fishing. | FWS | [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] | 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 squid, longfin squid butterfish, summer flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish fisheries, including exemptions for experimental fishing contributing to the development of new or expansion of existing fisheries for Mid-Atlantic forage species. (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 allo… | ||||
| 50:50:12.0.1.1.5.1.1.13 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.13 Transfers at sea. | FWS | [61 FR 34968, July 3, 1996] | (a) Vessels issued a longfin squid, butterfish, or Illex squid moratorium permit and vessels issued a squid/butterfish incidental catch permit may transfer or attempt to transfer or receive longfin squid, Illex squid, or butterfish only if authorized in writing by the Regional Administrator through the issuance of a letter of authorization (LOA). (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 sil… | ||||
| 50:50:12.0.1.1.5.1.1.14 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.14 Prohibitions. | FWS | [74 FR 20535, May 4, 2009] | (a) General prohibitions. It is unlawful for any person to do any of the following: (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 tr… | ||||
| 50:50:12.0.1.1.5.1.1.15 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.15 Facilitation of enforcement. | FWS | [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] | (a) General. See § 600.504 of this chapter. (b) Special notification requirements applicable to surfclam and ocean quahog vessel owners and operators —(1) Surfclam and ocean quahog open access permitted vessels. Vessel owners or operators issued an open access surfclam or ocean quahog open access permit for fishing in the ITQ Program, as specified at § 648.74, are required to declare their intended fishing activity via VMS prior to leaving port. (2) Maine mahogany quahog limited access permitted vessels. Beginning January 1, 2009, vessel owners or operators issued a limited access Maine mahogany quahog permit for fishing for Maine mahogany quahogs in the Maine mahogany quahog zone, as specified at § 648.78, are required to declare via VMS, prior to leaving port, and entering the Maine mahogany quahog zone, their intended fishing activity, unless otherwise exempted under paragraph § 648.4(a)(4)(ii)(B)( 1 ). (3) Declaration out of surfclam and ocean quahog fisheries. Owners or operators that are transiting between ports or fishing in a fishery other than surfclams and ocean quahogs must either declare out of fisheries or declare the appropriate fishery, if required, via the VMS unit, before leaving port. The owner or operator discontinuing a fishing trip in the EEZ or Maine mahogany quahog zone must return to port and offload any surfclams or ocean quahogs prior to commencing fishing operations in the waters under the jurisdiction of any state. (4) Inspection by authorized officer. The vessel permits, the vessel, its gear, and catch shall be subject to inspection upon request by an authorized officer. (5) Authorization for use of fishing trip notification via telephone. The Regional Administrator may authorize or require the notification of surfclam or ocean quahog fishing trip information via a telephone call to the NMFS Office of Law Enforcement nearest to the point of offloading, instead of the use of VMS. If authorized, the vessel owner or operator must accurately provide the following informa… | ||||
| 50:50:12.0.1.1.5.1.1.16 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.16 Penalties. | FWS | See § 600.735. | |||||
| 50:50:12.0.1.1.5.1.1.17 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area. | FWS | [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] | (a) Fisheries included under exemption —(1) NE multispecies. A vessel issued a valid High Seas Fishing Compliance Permit under part 300 of this title and that complies with the requirements specified in paragraph (b) of this section, is exempt from NE multispecies permit, mesh size, effort-control, minimum fish size, and possession limit restrictions, specified in §§ 648.4, 648.80, 648.82, 648.83, and 648.86, respectively, while transiting the EEZ with NE multispecies on board the vessel, or landing NE multispecies in U.S. ports that were caught while fishing in the NAFO Regulatory Area. (2) Monkfish. A vessel issued a valid High Seas Fishing Compliance Permit under part 300 of this title and that complies with the requirements specified in paragraph (b) of this section is exempt from monkfish permit, mesh size, effort-control, and possession limit restrictions, specified in §§ 648.4, 648.91, 648.92 and 648.94, respectively, while transiting the EEZ with monkfish on board the vessel, or landing monkfish in U.S. ports that were caught while fishing in the NAFO Regulatory Area. (3) Skates. A vessel issued a valid High Seas Fishing Compliance Permit under part 300 of this title and that complies with the requirements specified in paragraph (b) of this section is exempt from skate permit and possession limit restrictions, specified in §§ 648.4 and 648.322, respectively, and from Atlantic sea scallop, NE multispecies, or monkfish DAS effort control restrictions specified in §§ 648.53, 648.82, and 648.92, respectively, and from mesh size and gear restrictions specified in §§ 648.51, 648.80, and 648.91, respectively, while transiting the EEZ with skates on board the vessel, or landing skates in U.S. ports that were caught while fishing in the NAFO Regulatory Area. These vessels may possess, retain, and land barndoor skate; however, they may not possess, retain, or land other prohibited skate species specified in §§ 648.14(v) and 648.322(g). (b) General requirements. (1) The vessel operator has a valid letter… | ||||
| 50:50:12.0.1.1.5.1.1.18 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.18 Standardized bycatch reporting methodology. | FWS | [85 FR 47113, Aug. 4, 2020] | 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, 978-281-9300). You may inspect a copy at the Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. | ||||
| 50:50:12.0.1.1.5.1.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.2 Definitions. | FWS | [61 FR 34968, July 3, 1996] | 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 means Alosa pseudoharengus. American lobster or lobster means Homarus americanus. American shad means Alosa sapidissima. Annual catch entitlement (ACE), with respect to the NE multispecies fishery, means the share of the annual catch limit (ACL) for each NE multispecies stock that is allocated to an individual sector or state-operated permit bank based upon the cumulative fishing history attached to each permit participating in that sector or held by a state-operated permit bank in a given year. This share may be adjusted due to penalties for exceeding the sector's ACE for a particular stock in earlier years, or due to other violations of the FMP, including the yearly sector operations plan. When a sector's or state-operated permit bank's share of a NE multispecies stock, as determined by the fishing histories of vessels participating in that sector or permits held by a state-operated permit bank, is multiplied by the available catch, the result is the amount of ACE (live weight in pounds) that can be harvested (landings and discards) by participants in that sector or transferred by a state-operated permit bank, during a particular fishing year. At-sea monitor, with respect to the NE multispecies fishery, means any person responsible for observing, verifying, and reporting area fished, catch, and discards of all species by gear type for sector trips as part of an approved sector at-sea monitoring program. Atlantic butterfish or butterfish means Peprilus triacanthus. Atlantic Chub Mackerel Management Unit means an area of the Atlantic Ocean in which the United States exercises exclusive jurisdiction over all Atlantic chub mackerel fished for, possessed, caught, or retained in or from that is bounded on the west and north by the coastline of the United States; bounded on the east by the outer limit of the U.S. EEZ; and bounded on the south by a li… | ||||
| 50:50:12.0.1.1.5.1.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.3 Relation to other laws. | FWS | (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. | |||||
| 50:50:12.0.1.1.5.1.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.4 Vessel permits. | FWS | [61 FR 34968, July 3, 1996] | (a) Fishery specific permit information —(1) NE multispecies vessels. Except for vessels that have been issued a valid High Seas Fishing Compliance permit, have declared their intent to fish, and fish exclusively in the NAFO Regulatory Area as provided in § 648.17, any vessel of the United States, including a charter or party boat, must have been issued and have on board a valid multispecies permit to fish for, possess, or land multispecies finfish in or from the EEZ. Multispecies frames used as, or to be used as, bait on a vessel fishing exclusively with pot gear are deemed not to be multispecies finfish for purposes of this part provided that there is a receipt for the purchase of those frames on board the vessel. (i) Limited access multispecies permits —(A) Eligibility. To be eligible to apply for a limited access NE multispecies permit, as specified in § 648.82, a vessel must have been issued a limited access NE multispecies permit for the preceding year, be replacing a vessel that was issued a limited access NE multispecies permit for the preceding year, or be replacing a vessel that was issued a confirmation of permit history; unless otherwise specified in this paragraph (a)(1)(i)(A). For the fishing year beginning May 1, 2004, a vessel may apply for a limited access Handgear A permit described in § 648.82(b)(6), if it meets the criteria described under paragraphs (a)(1)(i)(A)( 1 ) and ( 2 ) of this section. ( 1 ) The vessel must have been previously issued a valid NE multispecies open access Handgear permit during at least 1 fishing year during the fishing years 1997 through 2002; and ( 2 ) The vessel must have landed and reported to NMFS at least 500 lb (226.8 kg) of cod, haddock, or pollock, when fishing under the open access Handgear permit in at least 1 of the fishing years from 1997 through 2002, as indicated by NMFS dealer records (live weight), submitted to NMFS prior to January 29, 2004. ( 3 ) Application/renewal restrictions. The vessel owner must submit a complete application for an i… | ||||
| 50:50:12.0.1.1.5.1.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.5 Operator permits. | FWS | [61 FR 34968, July 3, 1996] | (a) General. Any operator of a vessel fishing for or possessing: Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish, Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel, Illex squid, longfin squid, butterfish, scup, black sea bass, or Atlantic bluefish, harvested in or from the EEZ; golden tilefish or blueline tilefish harvested in or from the EEZ portion of the Tilefish Management Unit; skates harvested in or from the EEZ portion of the Skate Management Unit; Atlantic deep-sea red crab harvested in or from the EEZ portion of the Red Crab Management Unit; Mid-Atlantic forage species harvested in the Mid-Atlantic Forage Species Management Unit; or Atlantic chub mackerel harvested in or from the EEZ portion of the Atlantic Chub Mackerel Management Unit that is issued a permit, including carrier and processing permits, for these species under this part must have been issued under this section, and carry on board, a valid operator permit. An operator's permit issued pursuant to part 622 or part 697 of this chapter satisfies the permitting requirement of this section. This requirement does not apply to operators of recreational vessels. (b) Operator permit application. Applicants for a permit under this section must submit a completed application on an appropriate form provided by the Regional Administrator. The application must be signed by the applicant and submitted to the Regional Administrator at least 30 days before the date upon which the applicant desires to have the permit made effective. The Regional Administrator will notify the applicant of any deficiency in the application, pursuant to this section. (c) Condition. Vessel operators who apply for an operator's permit under this section must agree as a condition of this permit that the operator and vessel's fishing, catch, crew size, and pertinent gear (without regard to whether such fishing occurs in the EEZ or landward of the EEZ, and without regard to where such fish or gear are possessed, taken, or landed) are subj… | ||||
| 50:50:12.0.1.1.5.1.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.6 Dealer/processor permits. | FWS | [61 FR 34968, July 3, 1996] | (a) General. (1) All dealers of NE multispecies, monkfish, skates, Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny dogfish, summer flounder, Atlantic surfclam, ocean quahog, Atlantic mackerel, Illex squid, longfin squid, butterfish, scup, bluefish, golden tilefish, blueline tilefish, and black sea bass; Atlantic surfclam and ocean quahog processors; Atlantic hagfish dealers and/or processors, and Atlantic herring processors or dealers, as described in § 648.2; must have been issued under this section, and have in their possession, a valid permit or permits for these species. A dealer of Atlantic chub mackerel must have been issued and have in their possession, a valid dealer permit for Atlantic mackerel, Illex squid, longfin squid, or butterfish in accordance with this paragraph. A dealer of Mid-Atlantic forage species must have been issued and have in their possession, a valid dealer permit for any species issued in accordance with this paragraph. (2) At-sea processors —(i) At-sea mackerel processors. Notwithstanding the provisions of § 648.4(a)(5), any vessel of the United States must have been issued and carry on board a valid at-sea processor permit issued under this section to receive over the side, possess, and process Atlantic mackerel harvested in or from the EEZ by a lawfully permitted vessel of the United States. (ii) Atlantic herring at-sea processing permit. A vessel of the United States, including a vessel that is >165 ft (50.3 m) length overall, or >750 GRT (680.4 mt), is eligible to obtain an Atlantic herring at-sea processing permit to receive and process Atlantic herring subject to the U.S. at-sea processing (USAP) allocation published by the Regional Administrator pursuant to § 648.200. Such a vessel may not receive and process Atlantic herring caught in or from the EEZ unless the vessel has been issued and has on board an Atlantic herring at-sea processing permit. (iii) Reporting requirements. An at-sea processor receiving Atlantic mackerel or Atlantic … | ||||
| 50:50:12.0.1.1.5.1.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.7 Recordkeeping and reporting requirements. | FWS | [61 FR 34968, July 3, 1996] | (a) Dealers. (1) Federally permitted dealers, and any individual acting in the capacity of a dealer, must submit to the Regional Administrator or to the official designee a detailed report of all fish purchased or received for a commercial purpose, other than solely for transport on land, within the time period specified in paragraph (f) of this section, by one of the available electronic reporting mechanisms approved by NMFS, unless otherwise directed by the Regional Administrator. The following information, and any other information required by the Regional Administrator, must be provided in each report: (i) Required information. All dealers issued a dealer permit under this part must provide: Dealer name; dealer permit number; name and permit number or name and hull number (USCG documentation number or state registration number, whichever is applicable) of vessel(s) from which fish are purchased or received; trip identifier for each trip from which fish are purchased or received from a commercial fishing vessel permitted under this part; date(s) of purchases and receipts; units of measure and amount by species (by market category, if applicable); price per unit by species (by market category, if applicable) or total value by species (by market category, if applicable); port landed; cage tag numbers for surfclams and ocean quahogs, if applicable; disposition of the seafood product; and any other information deemed necessary by the Regional Administrator. If no fish are purchased or received during a reporting week, a report so stating must be submitted. (ii) Exceptions. The following exceptions apply to reporting requirements for dealers permitted under this part: (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, Vir… | ||||
| 50:50:12.0.1.1.5.1.1.8 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.8 Vessel identification. | FWS | [61 FR 34968, July 3, 1996, as amended at 76 FR 60649, Sept. 29, 2011; 85 FR 43152, July 15, 2020] | (a) Vessel name and official number. Each fishing vessel subject to this part and over 25 ft (7.6 m) in registered length must: (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. Except as provided in paragraph (d) of this section, the official number must be displayed in block arabic numerals in contrasting color at least 18 inches (45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in registered length, and at least 10 inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in registered length. The registered length of a vessel, for purposes of this section, is that registered length set forth in USCG or state records. (c) Duties of owner. The owner of each vessel subject to this part shall ensure that— (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. Vessels carrying recreational fishing parties on a per capita basis or by charter must use markings that meet the above requirements, except for the requirement that they be affixed permanently to the vessel. The non-permanent markings must be displayed in conformity with the above requirements. (e) New Jersey surfclam or ocean quahog vessels. Instead of complying with paragraph (a) of this section, surfclam or ocean quahog vessels licensed under New Jersey law may use the appropriate vessel identification markings established by that state. (f) Private Recreational Tilefish Vessels. Vesse… | ||||
| 50:50:12.0.1.1.5.1.1.9 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | A | Subpart A—General Provisions | § 648.9 VMS vendor and unit requirements. | FWS | [74 FR 20530, May 4, 2009, as amended at 79 FR 77410, Dec. 24, 2014] | (a) Approval. The type-approval requirements for VMS MTUs and MCSPs for the Greater Atlantic Region are those as published by the NMFS Office of Law Enforcement (OLE) in the Federal Register, and are available upon request. Both the national type-approval requirements at 50 CFR part 600, subpart Q and any established regional standards must be met in order to receive approval for use in the Greater Atlantic Region. The NMFS OLE Director shall approve all MTUs, MCSPs, and bundles including those operating in the Greater Atlantic Region. (b) Maintenance. Once approved, VMS units must maintain the minimum standards for which they were approved in the type approval requirements. Any changes made to the original submission for approval of an MTU or MCSP by NMFS must follow the procedures outlined in the type approval requirements. (c) Notification. A list of approved VMS vendors will be published on the Northeast Regional Office Web site and in each proposed and final rule for implementing or modifying VMS requirements for specific fisheries. (d) Revocations. Revocation procedures for type-approvals are at 50 CFR 600.1514. In the event of a revocation, NMFS will provide information to affected vessel owners as explained at 50 CFR 600.1516. In these instances, vessel owners may be eligible for the reimbursement of the cost of a new type-approved EMTU should funding for reimbursement be available. | ||||
| 50:50:12.0.1.1.5.10.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.160 Bluefish Annual Catch Limit (ACL). | FWS | [76 FR 60639, Sept. 29, 2011, as amended at 88 FR 14511, Mar. 9, 2023] | (a) The Bluefish Monitoring Committee shall recommend to the MAFMC an ACL for the bluefish fishery, which shall be equal to the ABC recommended by the SSC. (1) Periodicity. The bluefish fishery ACL may be established on an annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (2) [Reserved] (b) Performance review. The Bluefish Monitoring Committee shall conduct a detailed review of fishery performance relative to the ACL at least every 5 years. (1) If the ACL is exceeded with a frequency greater than 25 percent ( i.e., more than once in 4 years or any 2 consecutive years), the Bluefish Monitoring Committee will review fishery performance information and consider whether changes to measures are needed. (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. | ||||
| 50:50:12.0.1.1.5.10.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.161 Bluefish Sector ACLs and Annual Catch Targets (ACTs). | FWS | [76 FR 60639, Sept. 29, 2011, as amended at 86 FR 66981, Nov. 24, 2021] | (a) Sector ACLs and ACTs. As a part of the bluefish specifications process, the Bluefish Monitoring Committee shall allocate a specified percentage of the fishery-level ACL to the commercial and recreational fishery sectors, and identify and review the relevant sources of sector-specific management uncertainty to recommend ACTs for each sector. (1) Sectors. The sum of the commercial and recreational sector-specific ACLs shall be less than or equal to the fishery level ACL. A total of 86 percent of the fishery-level ACL will be allocated to the recreational fishery. A total of 14 percent of the fishery-level ACL will be allocated to the commercial fishery. (2) Management uncertainty. The Bluefish Monitoring Committee shall recommend any reduction in catch necessary to address management uncertainty and recommend ACTs for each sector, consistent with paragraph (a) of this section, after the sector allocation described in paragraph (a)(1) of this section. The Bluefish Monitoring Committee recommendations shall identify any sector-specific sources of management uncertainty affecting the fishery, technical approaches to mitigating these sources of uncertainty, and any additional relevant information considered in the ACT recommendation and adjustment process. (3) Periodicity. ACTs may be established on an annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (b) Performance review. The Bluefish Monitoring Committee shall conduct a detailed review of fishery performance relative to ACTs in conjunction with any ACL performance review, as outlined in § 648.160(b)(1) through (3). | ||||
| 50:50:12.0.1.1.5.10.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.162 Bluefish specifications. | FWS | [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] | (a) Recommended measures. Based on the annual review and requests for research quota as described in paragraph (h) of this section, the Bluefish Monitoring Committee shall recommend to the MAFMC and the ASMFC the following measures to ensure that the ACL specified by the process outlined in § 648.160(a) will not be exceeded: (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. The Bluefish Monitoring Committee shall recommend sector-specific TALs less than or equal to the ACTs through the specifications process. (1) Recreational harvest limit and commercial quota. If research quota is specified as described in paragraph (g) of this section, the recreational harvest limit and commercial quota will be based on the respective sector TALs remaining after the deduction of the applicable research quota. (2) Sector quota transfer. During the specifications process, the Bluefish Monitoring Committee may recommend a transfer of quota from the commercial fishery to the recreational fishery or from the recreational fishery to the commercial fishery; based on a review and comparison of expected landings for each sector and the recreational harvest limit and commercial quota. The amount of quota transferred between sectors may not exceed 10-percent of the ABC for that fishing year. No transfer may occur wh… | ||||
| 50:50:12.0.1.1.5.10.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.163 Bluefish Accountability Measures (AMs). | FWS | [76 FR 60640, Sept. 29, 2011, as amended at 78 FR 76765, Dec. 19, 2013; 88 FR 14511, Mar. 9, 2023] | (a) ACL overage evaluation. The ACLs will be evaluated based on a single-year examination of total catch (landings and dead discards). Both landings and dead discards will be evaluated in determining if the ACLs have been exceeded. (b) Commercial sector EEZ closure. NMFS shall close the EEZ to fishing for bluefish by commercial vessels for the remainder of the calendar year by publishing notification in the Federal Register if the Regional Administrator determines that the inaction of one or more states will cause the ACL specified in § 648.160(a) to be exceeded, or if the commercial fisheries in all states have been closed. NMFS may reopen the EEZ if earlier inaction by a state has been remedied by that state, or if commercial fisheries in one or more states have been reopened without causing the ACL to be exceeded. (c) State commercial landing quotas. The Regional Administrator will monitor state commercial quotas based on dealer reports and other available information and shall determine the date when a state commercial quota will be harvested. NMFS shall publish notification in the Federal Register advising a state that, effective upon a specific date, its commercial quota has been harvested and notifying vessel and dealer permit holders that no commercial quota is available for landing bluefish in that state. (1) Commercial landings overage repayment. All bluefish landed for sale in a state shall be applied against that state's annual commercial quota, regardless of where the bluefish were harvested. Any overages of the commercial quota landed in any state will be deducted from that state's annual quota for the following year, irrespective of whether the fishery-level ACL is exceeded. If a state has increased or reduced quota through the transfer process described in § 648.162, then any overage will be measured against that state's final adjusted quota. (2) If there is a quota overage at the end of the fishing year among states involved in the combination of quotas, the overage will be deduct… | ||||
| 50:50:12.0.1.1.5.10.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.164 Bluefish possession restrictions. | FWS | [76 FR 60641, Sept. 29, 2011, as amended at 85 FR 38798, June 29, 2020; 91 FR 7903, Feb. 19, 2026] | (a) Recreational possession limits. Any person fishing from a vessel in the EEZ that is not fishing under a bluefish commercial permit shall observe the applicable recreational possession limit. The owner, operator, and crew of a charter or party boat issued a bluefish commercial permit are not subject to the recreational possession limit when not carrying passengers for hire and when the crew size does not exceed five for a party boat and three for a charter boat. (1) Private recreational vessels. Any person fishing on board a vessel that is not fishing under a bluefish commercial or charter/party vessel permit issued pursuant to § 648.4(a)(8), may land up to five bluefish per day. (2) For-hire vessels. Anglers fishing on board a for-hire vessel that is fishing under a bluefish charter/party vessel permit issued pursuant to § 648.4(a)(8), may land up to seven bluefish per person per day. (b) Pooling Catch. Bluefish 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 daily possession limit will be determined by dividing the number of bluefish 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. | ||||
| 50:50:12.0.1.1.5.10.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.165 Bluefish minimum fish sizes. | FWS | [76 FR 60641, Sept. 29, 2011] | 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. | ||||
| 50:50:12.0.1.1.5.10.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.166 Bluefish gear restrictions. | FWS | [76 FR 60641, Sept. 29, 2011] | 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. | ||||
| 50:50:12.0.1.1.5.10.1.8 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | J | Subpart J—Management Measures for the Atlantic Bluefish Fishery | § 648.167 Bluefish framework adjustment to management measures. | FWS | [76 FR 60641, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015] | (a) Within-season management action. The MAFMC may, at any time, initiate action to add or adjust management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Bluefish FMP. (1) Adjustment process. After a management action has been initiated, the MAFMC shall develop and analyze appropriate management actions over the span of at least two MAFMC meetings. The MAFMC shall provide the public with advance notice of the availability of both the proposals and the analysis and the opportunity to comment on them prior to and at the second MAFMC meeting. The MAFMC's recommendation on adjustments or additions to management measures must come from one or more of the following categories: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC risk policy; introduction of new AMs, including sub-ACTs; minimum fish size; maximum fish size; gear restrictions; gear requirements or prohibitions; permitting restrictions; recreational possession limit; recreational season; closed areas; commercial season; description and identification of EFH; fishing gear management measures to protect EFH; designation of habitat areas of particular concern within EFH; 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 any other management measures currently included in the FMP. Measures that require significant departures from previously contemplated measures or that are otherwise introducing new concepts may require an amendment of the FMP instead of a framework adjustment. (2) MAFMC recommendation. After developing management actions and receiving public testimony, the MAFMC shall make a recommendation to the Regional Administrator. The MAFMC's recommendation must include supporting rationale and, if management measures ar… | ||||
| 50:50:12.0.1.1.5.11.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.200 Specifications. | FWS | [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] | (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. As the basis for its recommendations under paragraph (a) of this section, the PDT shal… | ||||
| 50:50:12.0.1.1.5.11.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.201 AMs and harvest controls. | FWS | [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] | (a) AMs —(1) Herring sub-ACLs and ACL —(i) Possession Limit Adjustments —(A) Areas 1A and 1B Possession Limit Adjustment. If NMFS projects that catch from Area 1A or 1B will reach 92 percent of the annual sub-ACL allocated to Area 1A or Area 1B, before the end of the fishing year, or 92 percent of the Area 1A sub-ACL allocated to the seasonal period as set forth in paragraph (d) of this section, beginning the date the catch is projected to reach 92 percent of the sub-ACL, 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 in or from the applicable area, 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) Areas 2 and 3 —( 1 ) Possession Limit Adjustment—Phase 1. If NMFS projects that catch from Area 2 or Area 3 will reach 90 percent of the annual sub-ACL allocated to Area 2 or Area 3 before the end of the fishing year, beginning the date the catch is projected to reach 90 percent of the applicable sub-ACL, vessels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell more than 40,000 lb (18,143.7 kg) of Atlantic herring per trip in or from the applicable area, and from landing herring more than once per calendar day, except as provided in paragraphs (b) and (c) of this section. Based on catch projections in relation to the amount of catch available between the applicable 90 percent (Phase 1) and 98 percent (Phase 2) sub-ACL adjustment thresholds, NMFS may bypass implementing this Phase 1, 40,000-lb (18,143.7-kg) possession limit and instead implement the Phase 2, 2,000-lb (907.2-kg) possession limit described at § 648.201(a)(1)(i)(B)( 2 ) as warranted to avoid impracticable transitions from Phase 1 to Phase 2 thresholds, avoid overages, or reduce the risk of exceeding the ABC. NMFS shall implement these restrictions … | ||||
| 50:50:12.0.1.1.5.11.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.202 Season and area restrictions. | FWS | [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] | (a) Midwater Trawl Restricted Areas. (1) Area 1A. Federally permitted vessels fishing may not use, deploy, or fish with midwater trawl gear in Area 1A from June 1 September 30 of each fishing year. A vessel with midwater trawl gear on board may transit Area 1A from June 1-September 30, provided such midwater trawl gear is stowed and not available for immediate use as defined in § 648.2. Vessels may use any authorized gear type to harvest herring in Area 1A from October 1-May 31. (2) [Reserved] (b) Fishing in Northeast Multispecies Closed Areas. (1) No vessel issued an Atlantic herring permit and fishing with midwater trawl gear, may fish for, possess or land fish in or from the Closed Areas, including Cashes Ledge Closure Area, Western GOM Closure Area, Closed Area I North (February 1-April 15), and Closed Area II, as defined in § 648.81(a)(3), (4), and (5) and (c)(3) and (4), respectively, unless it has declared first its intent to fish in the Closed Areas as required by § 648.11(m)(1), and is carrying onboard an observer. (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 obser… | ||||
| 50:50:12.0.1.1.5.11.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.203 Gear restrictions. | FWS | [72 FR 11277, Mar. 12, 2007, as amended at 83 FR 15275, Apr. 9, 2018] | (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. | ||||
| 50:50:12.0.1.1.5.11.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.204 Possession restrictions. | FWS | [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] | (a) A vessel must be issued and possess a valid limited access herring permit ( i.e., Category A, B, or C) or Category E Herring Permit (as defined in § 648.4(a)(10)(iv) and (v)) to fish for, possess, or land more than 6,600 lb (3 mt) of Atlantic herring from any herring management area in the EEZ. A vessel must abide by any harvest restriction specified in § 648.201 that has been implemented. (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 o… | ||||
| 50:50:12.0.1.1.5.11.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.205 VMS requirements. | FWS | [85 FR 26886, May 6, 2020] | The owner or operator any vessel issued a limited access herring permit ( i.e., Category A, B, or C) or Category E Herring Permit, with the exception of fixed gear fishermen, must install and operate a VMS unit consistent with the requirements of § 648.9. The VMS unit must be installed on board, and must be operable before the vessel may begin fishing. Atlantic herring carrier vessels are not required to have VMS (See § 648.10(m) for VMS notification requirements.). | ||||
| 50:50:12.0.1.1.5.11.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.206 Framework provisions. | FWS | [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] | (a) Framework adjustment process. In response to the triennial review, or at any other time, the Council may initiate action to add or adjust management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Atlantic Herring FMP, or to address gear conflicts as defined under § 600.10 of this chapter. (1) Adjustment process. After a management action has been initiated, the Council shall develop and analyze appropriate management measures over the span of at least two Council meetings. The Council may delegate authority to the Herring Oversight Committee to conduct an initial review of the options being considered. The Oversight Committee shall review the options and relevant information, consider public comment, and make a recommendation to the Council. (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: … | ||||
| 50:50:12.0.1.1.5.11.1.8 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | K | Subpart K—Management Measures for the Atlantic Herring Fishery | § 648.207 Herring Research Set-Aside (RSA). | FWS | [72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11381, Mar. 2, 2011] | (a) NMFS shall publish a Request for Proposals (RFP) in the Federal Register, consistent with procedures and requirements established by NMFS, to solicit proposals from industry for the upcoming 3 fishing years, based on research priorities identified by the Council. (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 … | ||||
| 50:50:12.0.1.1.5.12.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.230 Spiny dogfish Annual Catch Limits (ACLs). | FWS | [76 FR 60642, Sept. 29, 2011] | (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., the ABC minus Canadian catch) recommended by the SSC as specified in § 648.20. (1) Periodicity. The spiny dogfish ACL may be established on an annual basis for up to 5 years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (2) [Reserved] (b) Performance review. The Spiny Dogfish Monitoring Committee shall conduct a detailed review of fishery performance relative to the ACL at least every 5 years. (1) If an ACL is exceeded with a frequency greater than 25 percent ( i.e., more than once in 4 years or any 2 consecutive years), the Spiny Dogfish Monitoring Committee will review fishery performance information and make recommendations to the Councils for changes in measures intended to ensure ACLs are not exceeded as frequently. (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. | ||||
| 50:50:12.0.1.1.5.12.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.231 Spiny dogfish Annual Catch Target (ACT) and Total Allowable Level of Landings (TAL). | FWS | [76 FR 60642, Sept. 29, 2011] | (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. The TAL may be established on an annual basis for up to 5 years at a time, dependent on whether the SSC provides single or multiple year ABC recommendations. (c) Performance review. The Spiny Dogfish Monitoring Committee shall conduct a detailed review of fishery performance relative to TALs in conjunction with any ACL performance review, as outlined in § 648.230(b). | ||||
| 50:50:12.0.1.1.5.12.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.232 Spiny dogfish specifications. | FWS | [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] | (a) Commercial quota and other specification measures. The Spiny Dogfish Monitoring Committee shall recommend to the Joint Spiny Dogfish Committee a TAL (i.e., annual coastwide commercial quota) and any other measures, including those in paragraphs (a)(1) through (8) of this section, that are necessary to ensure that the commercial ACL will not be exceeded in any fishing year (May 1-April 30), for a period of 1-5 fishing years. If research quota is specified as described in paragraph (f) of this section, the effective commercial quota will be those commercial landings available after the deduction for the research quota. The measures that may be recommended include, but are not limited to: (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. The Councils' Joint Spiny Dogfish Committee shall review the recommendations of the Spiny Dogfish Monitoring Committee. Based on these recommendations, requests for research quota, and any public comments, the Joint Spiny Dogfish Committee shall recommend to the Councils a TAL, and possibly other measures, including those specified in paragraphs (a)(1) through (8) of this section, necessary to ensure that the ACL specified in § 648.230 will not be exceeded in any fishing year (May 1-April 30), for a period of 1-5 fishing years. (c) Council recommendations. (1) The Councils shall review these recommendations and, based on the recommendations and any public comments, recommend to the Regional Administrator a TAL and other measur… | ||||
| 50:50:12.0.1.1.5.12.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.233 Spiny dogfish Accountability Measures (AMs). | FWS | [76 FR 60643, Sept. 29, 2011, as amended at 79 FR 41144, July 15, 2014] | (a) Commercial EEZ closure. The Regional Administrator shall determine the date by which the annual coastwide quota described in § 648.232 will be harvested and shall close the EEZ to fishing for spiny dogfish on that date for the remainder of the fishing year by publishing notification in the Federal Register. Upon the closure date, and for the remainder of the fishing year, no vessel may fish for or possess spiny dogfish in the EEZ, nor may vessels issued a spiny dogfish permit under this part land spiny dogfish, nor may dealers issued a Federal permit purchase spiny dogfish from vessels issued a spiny dogfish permit under this part. (b) ACL overage evaluation. The ACL will be evaluated based on a single-year examination of total catch (including both landings and dead discards) to determine if the ACL has been exceeded. (c) Overage repayment. In the event that the ACL has been exceeded in a given fishing year, the exact amount in pounds by which the ACL was exceeded shall be deducted, as soon as possible from a subsequent single fishing year ACL. | ||||
| 50:50:12.0.1.1.5.12.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.234 Gear restrictions. | FWS | [89 FR 102839, Dec. 18, 2024] | (a) New Jersey Atlantic Sturgeon Bycatch Reduction Area —(1) Area Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon Bycatch Reduction Area is defined by straight lines connecting the following points in the order stated: Table 1 to Paragraph ( a ) (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 —(1) Area Definition: The Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area is defined by straight lines connecting the following points in the order stated: Table 2 to Paragraph ( b ) (2) Requirements: From November 1 through March 31 of each year, vessels issued a Federal spiny dogfish permit must remove roundfish gillnets with a mesh size equal to or greater than 5.25 inches (13.3 cm) and less than 10 inches (25.4 cm) from the water within the Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern time each day through 5 a.m. eastern time the following day. (c) Virginia Atlantic Sturgeon Bycatch Reduction Area —(1) Area Definition: The Virginia Atlantic Sturgeon Bycatch Reduction Area is defined by straight lines connecting the following points in the order stated: Table 3 to Paragraph ( c ) (2) Requirements: From November 1 through March 31 of each year, vessels issued a Federal spiny dogfish permit must remove roundfish gillnets with a mesh size equal to or greater than 5.25 inches (13.3 cm) and less than 10 inches (25.4 cm) from the water within the Virginia Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern time each day through 5 a.m. eastern time in the following day. | ||||
| 50:50:12.0.1.1.5.12.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.235 Spiny dogfish possession and landing restrictions. | FWS | [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] | (a) Possession limit. Vessels issued a valid Federal spiny dogfish permit under § 648.4(a)(11) may: (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. | ||||
| 50:50:12.0.1.1.5.12.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.236 Special Management Zones. [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.5.12.1.8 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | §§ 648.237-648.238 [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.5.12.1.9 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | L | Subpart L—Management Measures for the Spiny Dogfish Fishery | § 648.239 Spiny dogfish framework adjustments to management measures. | FWS | [76 FR 60643, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015] | (a) Within season management action. The Councils may, at any time, initiate action to add or adjust management measures if they find that action is necessary to meet or be consistent with the goals and objectives of the Spiny Dogfish FMP. (1) Adjustment process. After the Councils initiate a management action, they shall develop and analyze appropriate management actions over the span of at least two Council meetings. The Councils shall provide the public with advance notice of the availability of both the proposals and the analysis for comment prior to, and at, the second Council meeting. The Councils' recommendation on adjustments or additions to management measures must come from one or more of the following categories: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC risk policy; introduction of new AMs, including sub-ACTs; minimum fish size; maximum fish size; gear requirements, restrictions, or prohibitions (including, but not limited to, mesh size restrictions and net limits); regional gear restrictions; permitting restrictions, and reporting requirements; recreational fishery measures (including possession and size limits and season and area restrictions); commercial season and area restrictions; commercial trip or possession limits; fin weight to spiny dogfish landing weight restrictions; onboard observer requirements; commercial quota system (including commercial quota allocation procedures and possible quota set-asides to mitigate bycatch, conduct scientific research, or for other purposes); recreational harvest limit; annual quota specification process; FMP Monitoring Committee composition and process; description and identification of essential fish habitat; description and identification of habitat areas of particular concern; overfishing definition and related thresholds and targets; regional season restrictions (including option to split seasons); restrictions on vessel size (length and GRT) or shaft horsepower; target quotas; measures to mitigate marine… | ||||
| 50:50:12.0.1.1.5.13.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | M | Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery | § 648.260 Specifications. | FWS | [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] | (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 proposing specifications and associated measures, consistent with the Administrative Procedure Act. (iii) The Regional Administrator may propose specifications different than those recommended by the Council. If the specifications published in the Federal Register differ from those recommended by the Council, the reasons for any differences must be clearly stated and the revised specifications must satisfy the criteria set forth in this section, the FMP, and other applicable laws. (iv) If the final specifications are not published in the Federal Register fo… | ||||
| 50:50:12.0.1.1.5.13.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | M | Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery | § 648.261 Framework adjustment process. | FWS | [67 FR 63233, Oct. 10, 2002, as amended at 80 FR 37198, June 30, 2015] | (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 reco… | ||||
| 50:50:12.0.1.1.5.13.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | M | Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery | § 648.262 Accountability measures for red crab limited access vessels. | FWS | [76 FR 60383, Sept. 29, 2011] | (a) Closure authority. NMFS shall close the EEZ to fishing for red crab in excess of the incidental limit by commercial vessels for the remainder of the fishing year if the Regional Administrator determines that the TAL has been harvested. Upon notification of the closure, a vessel issued a limited access red crab permit may not fish for, catch, possess, transport, land, sell, trade, or barter, in excess of 500 lb (226.8 kg) of red crab, or its equivalent in weight as specified at § 648.263(a)(2)(i) and (ii), per fishing trip in or from the Red Crab Management Unit. (b) Adjustment for an overage. (1) If NMFS determines that the TAL was exceeded in a given fishing year, the exact amount of the landings overage will be deducted, as soon as is practicable, from a subsequent single fishing year's TAL, through notification consistent with the Administrative Procedure Act. (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. | ||||
| 50:50:12.0.1.1.5.13.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | M | Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery | § 648.263 Red crab possession and landing restrictions. | FWS | [67 FR 63233, Oct. 10, 2002, as amended at 74 FR 20557, May 4, 2009; 76 FR 60384, Sept. 29, 2011] | (a) Vessels issued limited access red crab permits. (1) [Reserved] (2) Conversion to whole crab weight. (i) For red crab that is landed in half sections, with all gills and other detritus still intact, the recovery rate is 64 percent of a whole red crab, which is equal to the weight of red crab half sections multiplied by 1.56. (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. A vessel may not fish for, catch, possess, transport, land, sell, trade, or barter, female red crabs in excess of one standard U.S. fish tote of incidentally caught female red crabs per trip when fishing under a red crab DAS. (4) Full-processing prohibition. No person may fully process at sea, possess, or land, fully-processed red crab. (5) Mutilation restriction. A vessel may not retain, possess, or land red crab claws and legs separate from crab bodies in excess of one standard U.S. fish tote per trip when fishing on a dedicated red crab trip. (b) Vessels issued red crab incidental catch permits —(1) Possession and landing restrictions. A vessel or operator of a vessel that has been issued a red crab incidental catch permit, or a vessel issued a limited access red crab permit not on a dedicated red crab trip, as defined in § 648.2, may catch, possess, transport, land, sell, trade, or barter, up to 500 lb (226.8 kg) of red crab, or its equivalent in weight as specified at paragraphs (a)(1)(i) and (ii) of this section, per fishing trip in or from the Red Crab Management Unit. (2) Full-processing prohibition. No person may fully process at sea, possess, or land, fully-processed red crab. (3) Mutilation restrictions. (i) A vessel may not retain, possess, or land red crab claws and legs separate from crab bodies. (ii) A vessel may not retain, possess, or land more than two claws and eight legs per crab. | ||||
| 50:50:12.0.1.1.5.13.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | M | Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery | § 648.264 Gear requirements/restrictions. | FWS | [67 FR 63233, Oct. 10, 2002, as amended at 72 FR 57194, Oct. 5, 2007; 76 FR 60384, Sept. 29, 2011] | (a) Limited access red crab permitted vessels. (1) Limited access red crab vessel may not harvest red crab from any fishing gear other than red crab traps/pots, marked as specified by paragraph (a)(5) of this section. (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. No person may haul or remove lobster, red crab or fish from parlor traps/pots when fishing under a red crab DAS. (4) Maximum trap/pot size. The maximum allowable red crab trap/pot size of red crab traps/pots used or deployed on a red crab DAS is 18 cubic feet (0.51 cubic meters) in volume. Red crab traps/pots may be rectangular, trapezoidal or conical only, unless other red crab trap/pot designs whose volume does not exceed 18 cubic feet (0.51 cubic meters) are authorized by the Regional Administrator. (5) Gear markings. The following is required on all buoys used at the end of each red crab trawl: (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 … | ||||
| 50:50:12.0.1.1.5.14.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.290 Tilefish Annual Catch Limits (ACL). | FWS | [82 FR 52857, Nov. 15, 2017] | (a) Golden tilefish. The Tilefish Monitoring Committee shall recommend to the MAFMC an ACL for the commercial golden tilefish fishery, which shall be equal to the ABC recommended by the SSC. (1) [Reserved] (2) Periodicity. The tilefish commercial ACL may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (b) Blueline tilefish. The Tilefish Monitoring Committee shall recommend to the MAFMC separate ACLs for the commercial and recreational blueline tilefish fisheries, the sum total of which shall be equal to the ABC recommended by the SSC. (1) Sector allocations. The ACL for the commercial sector of the blueline tilefish fishery shall be 27 percent of the ABC, and the ACL for the recreational sector of the fishery shall be 73 percent of the ABC. (2) Periodicity. The blueline tilefish commercial and recreational ACLs may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish and blueline tilefish fishery performance relative to the appropriate sector ACLs at least every 5 years. (1) If an ACL is exceeded with a frequency greater than 25 percent ( i.e., more than once in 4 years or in any 2 consecutive years), the Tilefish Monitoring Committee will review fishery performance information and make recommendations to the MAFMC for changes in measures intended to ensure ACLs are not as frequently exceeded. (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 suc… | ||||
| 50:50:12.0.1.1.5.14.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.291 Tilefish Annual Catch Targets (ACT). | FWS | [82 FR 52857, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018] | (a) Golden tilefish. The Tilefish Monitoring Committee shall identify and review the relevant sources of management uncertainty to recommend ACTs for the individual fishing quota (IFQ) and incidental sectors of the fishery as part of the golden tilefish specification process. The Tilefish Monitoring Committee 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) ACT allocation. (i) The ACT shall be less than or equal to the ACL. (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. ACTs may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (b) Blueline tilefish. The Tilefish Monitoring Committee shall identify and review the relevant sources of management uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part of the blueline tilefish specification process. The Tilefish Monitoring Committee 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. Commercial and recreational specific ACTs shall be less than or equal to the sector-specific ACLs. The Tilefish Monitoring Committee shall recommend any reduction in catch necessary to address sector-specific management uncertainty, consistent with paragraph… | ||||
| 50:50:12.0.1.1.5.14.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.292 Tilefish specifications. | FWS | [82 FR 52858, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018; 87 FR 67832, Nov. 10, 2022] | (a) Golden Tilefish. The golden tilefish fishing year is the 12-month period beginning with January 1, annually. (1) Annual specification process. The Tilefish Monitoring Committee shall review the ABC recommendation of the SSC, golden tilefish landings and discards information, and any other relevant available data to determine if the golden tilefish ACL, ACT, or total allowable landings (TAL) for the IFQ and/or incidental sectors of the fishery require modification to respond to any changes to the golden tilefish stock's biological reference points or to ensure any applicable rebuilding schedule is maintained. The Monitoring Committee will consider whether any additional management measures or revisions to existing measures are necessary to ensure that the IFQ and/or incidental TAL will not be exceeded. Based on that review, the Monitoring Committee will recommend the golden tilefish ACL, ACTs, and TALs to the Tilefish Committee of the MAFMC. Based on these recommendations and any public comment received, the Tilefish Committee shall recommend to the MAFMC the appropriate golden tilefish ACL, ACT, TAL, and other management measures for both the IFQ and the incidental sectors of the fishery for a single fishing year or up to the maximum number of years needed to be consistent with the Northeast Regional Coordinating Council-approved stock assessment schedule. The MAFMC shall review these recommendations and any public comments received, and recommend to the Regional Administrator, at least 120 days prior to the beginning of the next fishing year, the appropriate golden tilefish ACL, ACT, TAL, the percentage of TAL allocated to research quota, and any management measures to ensure that the TAL will not be exceeded, for both the IFQ and the incidental sectors of the fishery, for the next fishing year, or up to the maximum number of fishing years consistent with the Northeast Regional Coordinating Council-approved stock assessment schedule. The MAFMC's recommendations must include supporting documentation, as … | ||||
| 50:50:12.0.1.1.5.14.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.293 Tilefish accountability measures. | FWS | [82 FR 52859, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018] | (a) Golden tilefish —(1) Commercial incidental fishery closure. See § 648.295(a)(3). (2) Commercial ACL overage evaluation. If the golden tilefish ACL is exceeded, the amount of the ACL overage that cannot be directly attributed to IFQ allocation holders having exceeded their IFQ allocation will be deducted from the golden tilefish ACL in the following fishing year. All overages directly attributable to IFQ allocation holders will be deducted from the appropriate IFQ allocation(s) in the subsequent fishing year, as required by § 648.294(f). (b) Blueline tilefish —(1) Commercial fishery closure. See § 648.295(b)(2). (2) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a single-year examination of total catch (landings and discards). (i) Commercial landings overage repayment. Landings in excess of the commercial ACL will be deducted from the commercial ACL for the following year. (ii) Non-landing accountability measure. In the event that the commercial ACL has been exceeded and the overage has not been accommodated through the landings-based AM, then the exact amount by which the commercial ACL was exceeded, in pounds, will be deducted, as soon as possible, from the applicable subsequent single fishing year commercial ACL. (3) Recreational ACL overage evaluation. The recreational sector ACL will be evaluated based on a three-year moving average comparison of total catch (landings and discards). Both landings and dead discards will be evaluated in determining if the three-year average recreational sector ACL has been exceeded. The three-year moving average will be phased in over the first three years, beginning with 2017: Total recreational total catch from 2017 will be compared to the 2017 recreational sector ACL; the average total catch from both 2017 and 2018 will be compared to the average of the 2017 and 2018 recreational sector ACLs; the average total catch from 2017, 2018, and 2019 will be compared to the average of the 2017, 2018, and 2019 recreati… | ||||
| 50:50:12.0.1.1.5.14.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.294 Golden tilefish individual fishing quota (IFQ) program. | FWS | [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] | (a) IFQ allocation permits. (1) After adjustments for incidental catch, research set-asides, and overages, as appropriate, pursuant to § 648.292(a)(3), the Regional Administrator shall divide the remaining golden tilefish TAL among the IFQ quota shareholders who held IFQ quota share as of September 1 of a given fishing year. Allocations shall be made by applying the IFQ quota share percentages that exist on September 1 of a given fishing year to the IFQ TAL pursuant to § 648.292(a)(3), subject to any deductions for overages pursuant to paragraph (f) of this section. Amounts of IFQ allocation of 0.5 lb (0.23 kg) or smaller created by this calculation shall be rounded downward to the nearest whole number, and amounts of IFQ allocation greater than 0.5 lb (0.23 kg) shall be rounded upward to the nearest whole number, so that annual IFQ allocations are specified in whole pounds. (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 —(1) General. Applicants for a permit under this section must submit a completed application on an appropriate form obtained from NMFS. The application must be filled out completely and signed by the applicant. Each application must include a declaration of all interests in IFQ quota shares and IFQ allocations, as defined in § 648.2, listed by IFQ allocation permit number, and must list all Federal vessel permit numbers for all vessels that an applicant owns or leases that would be authorized to possess golden tilefish pursuant to the IFQ allocation permit. The Regional… | ||||
| 50:50:12.0.1.1.5.14.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.295 Tilefish commercial trip limits and landing condition. | FWS | [82 FR 52860, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019] | (a) Golden tilefish —(1) IFQ landings. Any golden tilefish landed by a vessel fishing under an IFQ allocation permit as specified at § 648.294(a), on a given fishing trip, count as landings under the IFQ allocation permit. (2) Incidental trip limit for vessels not fishing under an IFQ allocation. Any vessel of the United States fishing under a tilefish vessel permit, as described at § 648.4(a)(12), unless the vessel is fishing under a tilefish IFQ allocation permit, is prohibited from possessing more than: (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. The Regional Administrator will monitor the harvest of the golden tilefish incidental TAL based on dealer reports and other available information, and shall determine the date when the incidental golden tilefish TAL has been landed. The Regional Administrator shall publish a notice in the Federal Register notifying vessel and dealer permit holders that, effective upon a specific date, the incidental golden tilefish fishery is closed for the remainder of the fishing year. (b) Blueline tilefish —(1) Commercial possession limit. Any vessel of the United States fishing under a tilefish permit, as described at § 648.4(a)(12), is prohibited from possessing more than 500 lb (227 kg) of gutted blueline tilefish per trip in or from the Tilefish Management Unit. (2) In-season adjustment of possession limit. The Regional Administrator will monitor the harvest of the blueline tilefish commercial TAL based on dealer reports and other available information. (i) When 70 percent of the blueline tilefish commercial TAL will be landed, the Regional Administrator may publish a notice in the Federal Register notifying vessel and dealer permit holders that, effective upon a specific date, the blueline tilefish commercial possession limit is reduced to 300 lb (136 kg) of gutted blueline tilefish per trip in or from the… | ||||
| 50:50:12.0.1.1.5.14.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.296 Tilefish recreational possession limits and gear restrictions. | FWS | [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] | (a) Golden tilefish. (1) The recreational tilefish possession limit for charter/party and private recreational anglers is eight golden tilefish per angler per trip. Any vessel engaged in recreational fishing for golden tilefish may not retain golden tilefish, unless issued a valid Federal charter/party permit, pursuant to § 648.4(a)(12)(ii), or a valid Federal private recreational tilefish permit issued pursuant to § 648.4(a)(12)(iv). (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. The recreational blueline tilefish fishery is open May 15 through November 14, and closed November 15 through May 14. (1) Private recreational vessels. Anglers fishing onboard a vessel issued a Federal private recreational tilefish permit pursuant to § 648.4(a)(12)(iv), may land up to three blueline tilefish per person per trip. (2) Uninspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party vessel permit issued pursuant to § 648.4(a)(12), which has not been issued a valid U.S. Coast Guard Certificate of Inspection may land up to five blueline tilefish per person per trip. (3) Inspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party vessel permit issued pursuant to § 648.4(a)(12), which has been issued a valid U.S. Coast Guard Certificate of Inspection may land up to seven blueline tilefish per person per trip. (c) Enforcement. Tilefish harvested by vessels subject to the possession limits with more than one person on board may be pooled in one or more containers. Compliance with the golden tilefish possession limit will be determined by dividing the number of golden tilefish on board by the number of persons on board. Compliance with the blueline tilefish possession limit will be determined by dividing the number of blueline tilefis… | ||||
| 50:50:12.0.1.1.5.14.1.8 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.297 Tilefish gear restricted areas. | FWS | [76 FR 60647, Sept. 29, 2011] | No vessel of the United States may fish with bottom-tending mobile gear within the areas bounded by the following coordinates: | ||||
| 50:50:12.0.1.1.5.14.1.9 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | N | Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries | § 648.299 Tilefish framework specifications. | FWS | [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] | (a) Within-season management action. The MAFMC may, at any time, initiate action to add or adjust management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Tilefish FMP. (1) Specific management measures. The following specific management measures may be adjusted at any time through the framework adjustment process: (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 … | ||||
| 50:50:12.0.1.1.5.15.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | O | Subpart O—Management Measures for the NE Skate Complex Fisheries | § 648.320 Skate FMP review and monitoring. | FWS | [75 FR 34058, June 16, 2010, as amended at 80 FR 37199, June 30, 2015; 84 FR 4375, Feb. 15, 2019] | (a) Annual review and specifications process. The Council, its Skate Plan Development Team (PDT), and its Skate Advisory Panel shall monitor the status of the fishery and the skate resources. (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 Stoc… | ||||
| 50:50:12.0.1.1.5.15.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | O | Subpart O—Management Measures for the NE Skate Complex Fisheries | § 648.321 Framework adjustment process. | FWS | [75 FR 34059, June 16, 2010, as amended at 80 FR 37199, June 30, 2015] | (a) Adjustment process. To implement a framework adjustment for the Skate FMP, the Council shall develop and analyze proposed actions over the span of at least two Council meetings (the initial meeting agenda must include notification of the impending proposal for a framework adjustment) 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) Council review and analyses. In response to the annual review, or at any other time, the Council may initiate action to add or adjust management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Skate FMP. After a framework action has been initiated, the Council shall develop and analyze appropriate management actions within the scope of measures specified in paragraph (b) of this section. 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. Documentation and analyses for the framework adjustment shall be available at least 1 week before the final meeting. (2) Council recommendation. 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 framework measures should be issued directly as a final rule, without opportunity for public notice and comment, 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 managemen… | ||||
| 50:50:12.0.1.1.5.15.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | O | Subpart O—Management Measures for the NE Skate Complex Fisheries | § 648.322 Skate allocation, possession, and landing provisions. | FWS | [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] | (a) Allocation of TAL. (1) A total of 66.5 percent of the annual skate complex TAL shall be allocated to the skate wing fishery. All skate products that are landed in wing form, for the skate wing market, or classified by Federal dealers as food as required under § 648.7(a)(1)(i), shall count against the skate wing fishery TAL. The annual skate wing fishery TAL shall be allocated in two seasonal quota periods as follows: (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 —(1) Vessels fishing under an Atlantic sea scallop, NE multispecies, or monkfish DAS. (i) A vessel or operator of a vessel that has been issued a valid Federal skate permit under this part, and fishes under an Atlantic sea scallop, NE multispecies, or monkfish DAS as specified at §§ 648.53, 648.82, and 648.92, respectively, unless otherwise exempted under § 648.80 or paragraph (c) of this section, may fish for, possess, and/or land up to the allowable trip limits specified as follows: Up to 4,000 lb (1,814 kg) of skate wings (9,080 lb (4,119 kg) whole weight) per trip in S… | ||||
| 50:50:12.0.1.1.5.15.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | O | Subpart O—Management Measures for the NE Skate Complex Fisheries | § 648.323 Accountability measures. | FWS | [75 FR 34061, June 16, 2010, as amended at 84 FR 4376, Feb. 15, 2019] | (a) TAL overages. If the skate wing fishery TAL or skate bait fishery TAL is determined to have been exceeded by more than 5 percent in any given year based upon, but not limited to, available landings information, the Regional Administrator shall reduce the in-season possession limit trigger for that fishery, as specified at § 648.322(b) and (d), in the next fishing year by 1 percent for each 1 percent of TAL overage, consistent with the Administrative Procedure Act. (b) ACL overages. (1) If the ACL is determined to have been exceeded in any given year, based upon, but not limited to, available landings and discard information, the percent buffer between ACL and ACT shall be increased by 1 percent for each 1-percent ACL overage in the second fishing year following the fishing year in which the ACL overage occurred, through either the specifications or framework adjustment process described under §§ 648.320 and 648.321. (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. | ||||
| 50:50:12.0.1.1.5.16.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | P | Subpart P—Mid-Atlantic Forage Species | § 648.350 Mid-Atlantic forage species landing limits. | FWS | [82 FR 40733, Aug. 28, 2017, as amended at 85 FR 47117, Aug. 4, 2020] | (a) Mid-Atlantic forage species. There is no annual landing limit for Mid-Atlantic forage species, as defined at § 648.2. (b) [Reserved] | ||||
| 50:50:12.0.1.1.5.16.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | P | Subpart P—Mid-Atlantic Forage Species | § 648.351 Mid-Atlantic forage species possession limits. | FWS | [82 FR 40733, Aug. 28, 2017, as amended at 85 FR 47117, Aug. 4, 2020] | (a) Mid-Atlantic forage species. Unless otherwise prohibited in § 648.80, a vessel issued a valid commercial permit in accordance with § 648.4 may fish for, possess, and land up to 1,700 lb (771.11 kg) of all Mid-Atlantic forage species combined per trip in or from the EEZ portion of the Mid-Atlantic Forage Species Management Unit, as defined in paragraph (b) of this section. A vessel not issued a permit in accordance with § 648.4 that is fishing exclusively in state waters is exempt from the possession limits specified in this section. (b) Mid-Atlantic Forage Species Management Unit. The Mid-Atlantic Forage Species Management Unit is the area of the Atlantic Ocean that is bounded on the southeast by the outer limit of the U.S. EEZ; bounded on the south by 35°15.3′ N lat. (the approximate latitude of Cape Hatteras, NC); bounded on the west and north by the coastline of the United States; and bounded on the northeast by the following points, connected in the order listed by straight lines: * Point 43 falls on the U.S. EEZ. (c) Transiting. Any vessel issued a valid permit in accordance with § 648.4 may transit the Mid-Atlantic Forage Species Management Unit, as defined in paragraph (b) of this section, with an amount of Mid-Atlantic forage species on board that exceeds the possession limits specified in paragraph (a) of this section to land in a port in a state that is outside of the Mid-Atlantic Forage Species Management Unit, provided that those species were harvested outside of the Mid-Atlantic Forage Species Management Unit and that all gear is stowed and not available for immediate use as defined in § 648.2. (d) Transiting. Any vessel issued a valid permit in accordance with § 648.4 may transit the Mid-Atlantic Forage Species Management Unit, as defined in paragraph (c) of this section, with an amount of Mid-Atlantic forage species or Atlantic chub mackerel on board that exceeds the possession limits specified in paragraphs (a) and (b) of this section, respectively, to land in a port in a state tha… | ||||
| 50:50:12.0.1.1.5.16.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | P | Subpart P—Mid-Atlantic Forage Species | § 648.352 Mid-Atlantic forage species framework measures. | FWS | (a) General. The MAFMC may, at any time, initiate action to add or revise management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Atlantic Mackerel, Squid, and Butterfish FMP; the Atlantic Surfclam and Ocean Quahog FMP; the Summer Flounder, Scup, and Black Sea Bass FMP; the Atlantic Bluefish FMP; the Spiny Dogfish FMP; and Tilefish FMPs. (b) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over the span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice of the availability of the recommendation(s), appropriate justification(s) and economic and biological analyses, and the opportunity to comment on the proposed adjustment(s) at its first meeting, prior to its second meeting, and at its second meeting. The MAFMC's recommendations on adjustments or additions to management measures must come from one or more of the following categories: The list of Mid-Atlantic forage species, possession limits, annual landing limits, and any other measure currently included in the applicable FMPs specified in paragraph (a) of this section. Issues that require significant departures from previously contemplated measures or that are otherwise introducing new concepts may require an amendment of the FMPs instead of a framework adjustment. (c) MAFMC recommendation. See § 648.110(a)(2). (d) NMFS action. See § 648.110(a)(3). (e) Emergency actions. See § 648.110(a)(4). | |||||
| 50:50:12.0.1.1.5.17.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | Q | Subpart Q—Habitat-Related Management Measures | § 648.370 Habitat Management Areas. | FWS | [83 FR 15275, Apr. 9, 2018, as amended at 85 FR 29876, May 19, 2020; 88 FR 17402, Mar. 23, 2023] | 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. The Eastern Maine HMA is bounded on the northwest by the outer limit of Maine state waters, and bounded on all other sides by straight lines connecting the following points in the order stated: Eastern Maine HMA 1 Points 1 and 4 are intended to fall along the outer limit of Maine state waters. (b) Jeffreys Bank Habitat Management Area. The Jeffreys Bank HMA is defined by straight lines connecting the following points in the order stated: Jeffreys Bank HMA (c) Cashes Ledge Habitat Management Area. The Cashes Ledge HMA is defined by straight lines connecting the following points in the order stated: Cashes Ledge HMA (d) Fippennies Ledge Habitat Management Area. The Fippennies Ledge HMA is defined by straight lines connecting the following points in the order stated: Fippennies Ledge HMA (e) Ammen Rock Habitat Management Area. (1) The Ammen Rock HMA is defined by straight lines connecting the following points in the order stated: Ammen Rock HMA (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 —(1) Coordinates. The Western GOM HMA is defined by the straight lines connecting the following points in the order stated: Table 6 to Paragraph (f)(1) —Western Gulf of Maine HMA (2) Western Gulf of Maine Shrimp Exemption Area. Vessels fishing with shrimp trawls under the Small Mesh Northern Shrimp Fishery Exemption specified at § 648.80(a)(5) may fish within the Western Gulf of Maine HMA Shrimp Exemption Area which is defined by the straight lines connecting the following points in the order stated: Western … | ||||
| 50:50:12.0.1.1.5.17.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | Q | Subpart Q—Habitat-Related Management Measures | § 648.371 Dedicated Habitat Research Areas. | FWS | [83 FR 15275, Apr. 9, 2018, as amended at 86 FR 33558, June 25, 2021] | (a) Dedicated Habitat Research Area (DHRA) topics. The areas defined in this section are intended to facilitate coordinated research on gear impacts, habitat recovery, natural disturbance, and productivity. (b) Stellwagen Dedicated Habitat Research Area. (1) The Stellwagen DHRA is defined by the straight lines connecting the following points in the order stated: Stellwagen DHRA (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. (1) The Georges Bank DHRA is defined by straight lines connecting the following points in the order stated: Georges Bank DHRA (2) Vessels fishing with bottom-tending mobile gear are prohibited from fishing in the Georges Bank DHRA, unless otherwise exempted. (d) Transiting. Unless otherwise restricted or specified in this paragraph (d), a vessel may transit the Dedicated Habitat Research Areas of this section provided that its prohibited gear is stowed and not available for immediate use as defined in § 648.2. (e) Dedicated Habitat Research Areas review. (1) The Regional Administrator shall initiate a review of the DHRAs defined in this section three years after implementation. (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… | ||||
| 50:50:12.0.1.1.5.17.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | Q | Subpart Q—Habitat-Related Management Measures | § 648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area. | FWS | (a) Restrictions. No vessel may fish with bottom-tending gear within the Frank R. Lautenberg Deep-Sea Coral Protection Area described in this section, unless transiting pursuant to paragraph (d) of this section, 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 gillnets. The Frank R. Lautenberg Deep-Sea Coral Protection Area consists of the Broad and Discrete Deep-Sea Coral Zones defined in paragraphs (b) and (c) of this section. (b) Broad Deep-Sea Coral Zone. The Broad Deep-Sea Coral Zone is bounded on the east by the outer limit of the U.S. Exclusive Economic Zone, and bounded on all other sides by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request). An asterisk (*) in the Discrete Zone column means the point is shared with a Discrete Deep-Sea Coral Zone, as defined in paragraph (c) of this section. Broad Zone (c) Discrete Deep-Sea Coral Zones —(1) Block Canyon. Block Canyon discrete deep-sea coral zone is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column means the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this section. Block Canyon (2) Ryan and McMaster Canyons. Ryan and McMaster Canyons discrete deep-sea coral zone is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column means the point is shared with the Broad D… | |||||
| 50:50:12.0.1.1.5.17.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | Q | Subpart Q—Habitat-Related Management Measures | § 648.373 New England Deep-Sea Coral Protection Areas | FWS | [86 FR 33558, June 25, 2021] | (a) Georges Bank Deep-Sea Coral Protection Area. (1) No vessel may fish with bottom-tending gear within the Georges Bank Deep-Sea Coral Protection Area described in this section, unless transiting pursuant to paragraph (d) of this section 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 gillnets. (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 )(2)( i ) Notes: ( 1 ) POINT 1 represents the outer limit of the US EEZ. ( 2 ) POINT 17 represents where the western and northern boundaries meet. (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 )(2)( ii ) Notes: ( 3 ) POINT 17 represents where the western and northern boundaries meet. ( 4 ) POINT 470 represents the U.S.-Canada Maritime Boundary. (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 Ro… | ||||
| 50:50:12.0.1.1.5.2.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | B | Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries | § 648.20 Mid-Atlantic Fishery Management Council Acceptable Biological Catch (ABC) control rules. | FWS | [83 FR 15512, Apr. 11, 2018] | 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. (1) The SSC determines that the assessment OFL and the assessment's treatment of uncertainty are acceptable, based on the following: (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 estim… | ||||
| 50:50:12.0.1.1.5.2.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | B | Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries | § 648.21 Mid-Atlantic Fishery Management Council risk policy. | FWS | [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] | 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. The probability of not exceeding the F necessary to rebuild the stock within the specified time frame (rebuilding F or F REBUILD ) must be at least 50 percent, unless the default level is modified to a higher probability for not exceeding the rebuilding F through the formal stock rebuilding plan. A higher probability of not exceeding the rebuilding F would be expressed as a value greater than 50 percent (e.g., 75-percent probability of not exceeding rebuilding F, which corresponds to a 25-percent probability of exceeding rebuilding F). (b) Stocks not subject to a rebuilding plan. (1) For stocks with a ratio of biomass (B) to biomass at MSY (B MSY) of 1.0 or lower, the maximum probability of overfishing as informed by the OFL distribution shall decrease linearly from a maximum value of 45 percent until the probability of overfishing becomes zero at a B/B MSY ratio of 0.10. (2) For stocks with biomass that exceeds B MSY and the B/B MSY ratio is greater than 1.0, the probability of overfishing shall increase linearly from a probability of overfishing of 45 percent to a maximum probability of overfishing of 49 percent when the B/B MSY ratio is equal to 1.5 or greater. (c) Most restrictive ABC recommendation. (1) Unless otherwise allowed in paragraph (c)(2) or (3) of this section, for instances in which the application of the risk policy approaches in paragraph (b) of this section using OFL distribution results in a more restrictive ABC recommendation than the calculation of ABC derived from the use of F REBUILD at the MAFMC-specified overfishing risk level as outlined in paragraph (a) of this section, the Scientific and Statistical Committee (SSC) shall recommend to the MAFMC the lower of the ABC values. (2) The SSC may speci… | ||||
| 50:50:12.0.1.1.5.2.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | B | Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries | § 648.22 Mackerel, squid, and butterfish specifications. | FWS | [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] | (a) Initial recommended annual specifications. The Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring Committee) shall meet annually to develop and recommend the following specifications for consideration by the Mackerel, Squid, and Butterfish Committee of the MAFMC: (1) Illex squid —Initial OY (IOY), including Research Set-Aside (RSA), domestic annual harvest (DAH), and domestic annual processing (DAP) for Illex squid, which, subject to annual review, may be specified for a period of up to 3 years; (2) Butterfish —Annual catch limit (ACL); Annual catch target (ACT) including RSA, DAH, DAP; bycatch level of the total allowable level of foreign fishing (TALFF), if any; and butterfish discard cap for the longfin squid fishery for butterfish; which, subject to annual review, may be specified for a period of up to 3 years; (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 ACT, including RSA 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) Inseason adjustment, upward or downward, to the specifications for longfin squid, as specified in paragraph (e) of this section. (5) Atlantic chub mackerel —ACL, ACT, and total allowable landings (TAL), which, subject to annual review, may be specified for a period of up to 3 years. (b) Guidelines. As the basis for its recommendations under paragraph (a) of this section, the Monitoring Committee shall review the best available data to recommend speci… | ||||
| 50:50:12.0.1.1.5.2.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | B | Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries | § 648.23 Mackerel, squid, and butterfish gear restrictions. | FWS | [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] | (a) Mesh restrictions and exemptions. Vessels subject to the mesh restrictions in this paragraph (a) must render any net, or any piece of net, with a mesh size smaller than that specified in paragraphs (a)(1), (2), and (3) of this section not available for immediate use as defined in § 648.2. (1) Butterfish fishery. Owners or operators of otter trawl vessels possessing more than 5,000 lb (2.27 mt) of butterfish harvested in or from the EEZ may only fish with nets having codend mesh of greater than or equal to 3-inch (7.62-cm) diamond mesh, or greater than 2 5/8 -inch (6.67-cm) square mesh, as measured by methods specified in § 648.80(f), applied throughout the codend for at least 100 continuous meshes forward of the terminus of the net, or for codends with less than 100 meshes, the minimum mesh size codend shall be a minimum of one-third of the net, measured from the terminus of the codend to the headrope. (2) Longfin squid fishery. (i) Owners or operators of otter trawl vessels possessing longfin squid harvested in or from the EEZ may only fish with nets having a minimum mesh size of 2 1/8 inches (54 mm) during Trimesters I (Jan-Apr) and III (Sept-Dec), or 1 7/8 inches (48 mm) during Trimester II (May-Aug), diamond or square mesh, as measured by methods specified in § 648.80(f), applied throughout the codend for at least 150 continuous meshes forward of the terminus of the net, or, for codends with less than 150 meshes, the minimum mesh size codend shall be a minimum of one-third of the net measured from the terminus of the codend to the headrope. (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. Owners or operators of otter trawl vessels fishing for and/or possess… | ||||
| 50:50:12.0.1.1.5.2.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | B | Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries | § 648.24 Fishery closures and accountability measures. | FWS | [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] | (a) Fishery closure procedures —(1) Longfin squid. NMFS shall close the directed fishery in the EEZ for longfin squid when the Regional Administrator projects that 90 percent of the longfin squid quota is harvested before April 15 of Trimester I and/or August 15 of Trimester II, and when 95 percent of the longfin squid DAH has been harvested in Trimester III. On or after April 15 of Trimester I and/or August 15 of Trimester II, NMFS shall close the directed fishery in the EEZ for longfin squid when the Regional Administrator projects that 95 percent of the longfin squid quota is harvested. The closure of the directed fishery shall be in effect for the remainder of that fishing period, with incidental catches allowed as specified at § 648.26. (2) Illex. NMFS shall close the directed Illex fishery in the EEZ when the Regional Administrator projects that 94 percent of the Illex DAH is harvested. The closure of the directed fishery shall be in effect for the remainder of that fishing period, with incidental catches allowed as specified at § 648.26. (b) Atlantic Mackerel AMs —(1) Atlantic mackerel commercial sector EEZ closure —(i) Unless otherwise determined in paragraph (b)(1)(ii) of this section, NMFS will close the commercial Atlantic mackerel fishery, which includes vessels issued an open access or limited access Atlantic mackerel permit, in the EEZ when the Regional Administrator projects that 80 percent of the Atlantic mackerel DAH is harvested. The closure of the commercial fishery shall be in effect for the remainder of that fishing year, with incidental catches allowed, as specified in § 648.26. (ii) NMFS has the discretion to not implement measures outlined in paragraphs (b)(1)(i) of this section during November and December if the Regional Administrator projects that commercial Atlantic mackerel landings will not exceed the DAH during the remainder of the fishing year. (2) Atlantic mackerel commercial landings overage repayment. If the Atlantic mackerel ACL is exceeded and commercial fishe… |
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