cfr_sections
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156 rows where part_number = 648 and title_number = 50 sorted by section_id
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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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| 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… | ||||
| 50:50:12.0.1.1.5.2.1.6 | 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 | § 648.25 Mackerel, squid, and butterfish framework adjustments to management measures. | FWS | [76 FR 60620, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, 2011; 79 FR 10048, Feb. 24, 2014; 80 FR 37194, June 30, 2015; 81 FR 90250, Dec. 14, 2016; 83 FR 64268, Dec. 14, 2018; 85 FR 47116, Aug. 4, 2020; 86 FR 38588, July 22, 2021] | (a) Within season management action. The MAFMC may, at any time, initiate action to add or adjust management measures within the Mackerel, Squid, and Butterfish FMP if it finds that action is necessary to meet or be consistent with the goals and objectives of the FMP. However, any changes to Atlantic chub mackerel measures contained in this part 648 must be made through an amendment to the FMP and cannot be conducted through a framework adjustment. (1) 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 the first meeting and prior to and at the second MAFMC meeting. The MAFMC's recommendations on adjustments or additions to management measures must come from one or more of the following categories: (i) Adjustments within existing ABC control rule levels; (ii) Adjustments to the existing MAFMC risk policy; (iii) Introduction of new AMs, including sub-ACTs; (iv) Minimum and maximum fish size; (v) Gear restrictions, gear requirements or prohibitions; (vi) Permitting restrictions; (vii) Recreational possession limit, recreational seasons, and recreational harvest limit; (viii) Closed areas; (ix) Commercial seasons, commercial trip limits, commercial quota system, including commercial quota allocation procedure and possible quota set-asides to mitigate bycatch; (x) Annual specification quota setting process; (xi) FMP Monitoring Committee composition and process; (xii) Description and identification of EFH (and fishing gear management measures that impact EFH); (xiii) Description and identification of habitat areas of particular concern; (xiv) Overfishing definition and related thresholds and targets; (xv) Regional gear restrictions, regional season restrictions (including option to split seas… | ||||
| 50:50:12.0.1.1.5.2.1.7 | 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 | § 648.26 Mackerel, squid, and butterfish possession restrictions. | FWS | [76 FR 60621, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, 2012; 77 FR 23636, Apr. 20, 2012; 78 FR 3354, Jan. 16, 2013; 79 FR 18843, Apr. 4, 2014; 80 FR 14875, Mar. 20, 2015; 81 FR 24509, Apr. 26, 2016; 83 FR 64268, Dec. 14, 2018; 83 FR 65315, Dec. 20, 2018; 84 FR 58059, Oct. 30, 2019; 85 FR 47116, Aug. 4, 2020; 88 FR 6670, Feb. 1, 2023; 88 FR 70910, Oct. 13, 2023; 89 FR 25821, Apr. 12, 2024] | (a) Atlantic mackerel —(1) Initial commercial possession limits. A vessel must be issued a valid limited access Atlantic mackerel permit to fish for, possess, or land more than 5,000 lb (2.27 mt) of Atlantic mackerel in or harvested from the EEZ per trip, provided the fishery has not been closed as specified in § 648.24(b)(1). (i) A vessel issued a Tier 1, 2, or 3 limited access mackerel permit is authorized to fish for, possess, or land up to 20,000 lb (9.098 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because of a commercial fishery closure, as specified in § 648.24(b)(1). (ii) A vessel issued an open access Atlantic mackerel permit may fish for, possess, or land up to 5,000 lb (2.27 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because of a commercial fishery closure as specified in § 648.24(b)(1). (iii) Both vessels involved in a pair trawl operation must be issued a valid Atlantic mackerel permit to fish for possess, or land Atlantic mackerel in the EEZ. Both vessels must be issued the Atlantic mackerel permit appropriate for the amount of Atlantic mackerel jointly possessed by both of the vessels participating in the pair trawl operation. (2) Atlantic mackerel closure possession restrictions. Any Atlantic mackerel possession restrictions implemented under paragraph (a)(2) of this section will remain in place for the rest of the fishing year, unless further restricted by a subsequent action. If the entire commercial Atlantic mackerel fishery is closed due to harvesting the river herring/shad catch cap, as specified in § 648.24(b)(6) before a commercial fishery closure, then the A… | ||||
| 50:50:12.0.1.1.5.3.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | C | Subpart C—Management Measures for Atlantic Salmon | § 648.40 Prohibition on possession. | FWS | (a) Incidental catch. All Atlantic salmon caught incidental to a directed fishery for other species in the EEZ must be released in such a manner as to insure maximum probability of survival. (b) Presumption. The possession of Atlantic salmon is prima facie evidence that such Atlantic salmon were taken in violation of this regulation. Evidence that such fish were harvested in state waters, or from foreign waters, or from aquaculture enterprises, will be sufficient to rebut the presumption. This presumption does not apply to fish being sorted on deck. | |||||
| 50:50:12.0.1.1.5.3.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | C | Subpart C—Management Measures for Atlantic Salmon | § 648.41 Framework specifications. | FWS | [64 FR 40520, July 27, 1999, as amended at 80 FR 37194, June 30, 2015] | (a) Within season management action. The New England Fishery Management Council (NEFMC) may, at any time, initiate action to implement, add to or adjust Atlantic salmon management measures to: (1) Allow for Atlantic salmon aquaculture projects in the EEZ, provided such an action is consistent with the goals and objectives of the Atlantic Salmon FMP; and (2) Make changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs. (b) Framework process. After initiation of an action to implement, add to or adjust an Atlantic salmon management measure to allow for an Atlantic salmon aquaculture project in the EEZ, the NEFMC shall develop and analyze Atlantic salmon management measures to allow for Atlantic salmon aquaculture projects in the EEZ over the span of at least two NEFMC meetings. The NEFMC shall provide the public with advance notice of the availability of both the proposals and the analysis and opportunity to comment on them prior to and at the second NEFMC meeting. The NEFMC's recommendation on aquaculture management measures must come from one or more of the following categories: minimum fish sizes, gear restrictions, minimum mesh sizes, possession limits, tagging requirements, monitoring requirements, reporting requirements, permit restrictions, area closures, establishment of special management areas or zones and any other management measures currently included in the FMP. (c) NEFMC recommendation. After developing Atlantic salmon management measures and receiving public testimony, the NEFMC shall make a recommendation to NMFS. The NEFMC's recommendation must include supporting rationale and, if 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 NMFS concurs with the NEFMC's recommend… | ||||
| 50:50:12.0.1.1.5.4.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.50 Shell-height standard. | FWS | (a) Minimum shell height. The minimum shell height for in-shell scallops that may be landed, or possessed at or after landing, is 3.5 inches (8.9 cm). Shell height is a straight line measurement from the hinge to the part of the shell that is farthest away from the hinge. (b) Compliance and sampling. Any time at landing or after, including when the scallops are received or possessed by a dealer or person acting in the capacity of a dealer, compliance with the minimum shell-height standard shall be determined as follows: Samples of 40 scallops each shall be taken at random from the total amount of scallops in possession. The person in possession of the scallops may request that as many as 10 sample groups (400 scallops) be examined. A sample group fails to comply with the standard if more than 10 percent of all scallops sampled are shorter than the shell height specified. The total amount of scallops in possession shall be deemed in violation of this subpart and subject to forfeiture, if the sample group fails to comply with the minimum standard. | |||||
| 50:50:12.0.1.1.5.4.1.10 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.60 Sea Scallop Rotational Areas. | FWS | [85 FR 17764, Mar. 31, 2020, as amended at 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022; 88 FR 19568, Apr. 3, 2023; 89 FR 20351, Mar. 22, 2024; 90 FR 16653, Apr. 21, 2025] | (a) Area I-Rotational Area —(1) Area I-Rotational Area definition. The Area I Rotational Area 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): Table 1 to Paragraph ( a )(1) (2) Season. A vessel issued a scallop permit may not fish for, possess, or land scallops in or from the area known as the Area I Scallop Rotational Access Area, defined in paragraph (a)(1) of this section, during the period from April 1 to May 15 of each year the Area I Access Area is open to scallop vessels, unless transiting pursuant to § 648.59(a). (b) Area II Scallop Rotational Area —(1) Area II Scallop Rotational Area boundary. The Area II Scallop Rotational Area 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): Table 2 to Paragraph (b)(1) a The intersection of lat. 41°30′ N and the United States-Canada Maritime Boundary, approximately lat. 41°30′ N, long. 66°34.73′ W. b From Point AII2 connected to Point AII3 along the United States-Canada Maritime Boundary. c The intersection of lat. 40°40′ N and the United States-Canada Maritime Boundary, approximately lat. 40°40′ N and long. 65°52.61′ W. (2) Season. (i) A vessel issued a scallop permit may not fish for, possess, or land scallops in or from the area known as the Area II Scallop Rotational Access Area, defined in paragraph (b)(1) of this section, during the period of November 15 to May 15 of each year the Area II Access Area is open to scallop vessels, unless transiting pursuant to § 648.59(a). (ii) [Reserved] (c)—(f) [Reserved] (g) Nantucket Lightship Scallop Rotational Area —(1) Nantucket Lightship Scallop Rotational Area definition. The Nantucket Lightship Scallop Rotational Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area … | ||||
| 50:50:12.0.1.1.5.4.1.11 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.61 [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.5.4.1.12 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.62 Northern Gulf of Maine (NGOM) Management Program. | FWS | [73 FR 20131, Apr. 14, 2008, as amended at 75 FR 36576, June 28, 2010; 76 FR 43770, 43797, July 21, 2011; 77 FR 20741, Apr. 6, 2012; 78 FR 27108, May 9, 2013; 79 FR 52580, Sept. 4, 2014; 81 FR 26786, May 4, 2016; 81 FR 76529, Nov. 3, 2016; 82 FR 15163, Mar. 27, 2017; 83 FR 12862, Mar. 26, 2018; 84 FR 11445, Apr. 1, 2019; 85 FR 2324, Jan. 15, 2020; 85 FR 17766, Mar. 31, 2020; 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022; 88 FR 19569, Apr. 3, 2023; 89 FR 20352, Mar. 22, 2024; 90 FR 16654, Apr. 21, 2025] | (a) The NGOM scallop management area is the area north of 42°20′ N lat. and within the boundaries of the Gulf of Maine Scallop Dredge Exemption Area as specified in § 648.80(h)(3)(i). To fish for or possess scallops in the NGOM scallop management area, a vessel must have been issued a scallop permit as specified in § 648.4(a)(2). (1) A vessel fishing under a NGOM scallop permit may only fish for scallops in the NGOM scallop management area. (2) Scallop landings by vessels issued NGOM permits shall be deducted from the NGOM Set-Aside, as defined in § 648.53(a)(8)(iii), and specified in paragraph (b)(1) of this section, when vessels fished all or part of a trip in the Federal waters portion of the NGOM. If a vessel with a NGOM scallop permit fishes exclusively in state waters within the NGOM, scallop landings from those trips will not be deducted from the NGOM Set-Aside. (3) Scallop landings by all vessels issued LAGC IFQ scallop permits and fishing in the NGOM scallop management area against the NGOM Set-Aside, as defined in § 648.53(a)(8)(iii), shall be deducted from NGOM Set-Aside specified in paragraph (b)(1) of this section. Scallop landings by LAGC IFQ scallop vessels fishing in the NGOM scallop management area shall be deducted from their respective scallop IFQs. Landings by vessels with incidental permits shall not be deducted from the NGOM total allowable catch specified in paragraph (b) of this section. (4) A vessel issued a NGOM scallop permit may possess scallops outside the NGOM management unit if all fishing gear is stowed and not available for immediate use as defined in § 648.2. (5) Scallop landings by all vessels issued scallop permits and fishing in the NGOM under the scallop RSA program (as specified in § 648.56) shall be deducted from the overall RSA allocation. (b) NGOM Scallop Fishery landings limits. (1) The following landings limits will be effective for the NGOM for the 2025 and 2026 fishing years. Table 1 to Paragraph ( b )(1) 1 The landings limits for the 2026 fishing year ar… | ||||
| 50:50:12.0.1.1.5.4.1.13 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.63 General category Sectors and harvesting cooperatives. | FWS | [73 FR 20131, Apr. 14, 2008, as amended at 77 FR 20741, Apr. 6, 2012; 81 FR 76530, Nov. 3, 2016] | (a) Procedure for implementing Sector allocation proposals. (1) Any person may submit a Sector allocation proposal for a group of LAGC scallop vessels to the Council, at least 1 year in advance of the start of the proposed sector, and request that the Sector be implemented through a framework procedure specified at § 648.55, in accordance with the conditions and restrictions of this section. (2) Upon receipt of a Sector allocation proposal, the Council must decide whether to initiate such framework. Should a framework adjustment to authorize a Sector allocation be initiated, the Council shall follow the framework adjustment provisions of § 648.55. Any framework adjustment developed to implement a Sector allocation proposal must be in compliance with the general requirements specified in paragraphs (b) and (c) of this section. Vessels that do not join a Sector remain subject to the LAGC scallop vessel regulations for non-Sector vessels specified under this part. (b) General requirements applicable to all Sector allocations. All Sectors approved under the provisions of paragraph (a) of this section must submit the documents specified under paragraphs (a)(1) and (c) of this section, and comply with the conditions and restrictions of this paragraph (b). (1) Participation. (i) Only LAGC scallop vessels are eligible to form Sectors, and Sectors may choose which eligible permit holders to include or exclude in the sector, consistent with all applicable law. A Sector may establish additional criteria for determining its membership, provided such criteria are specified in the Sector's operations plan and are consistent with all applicable law. Any interested group that meets the eligibility criteria may submit a proposal for a Sector. To initiate the process of Sector creation, a group (two or more) of permit holders must agree to cooperate and submit a binding plan for management of that Sector's allocation of total allowable catch. Vessels that do not choose to participate in a sector will fish under the IFQ pr… | ||||
| 50:50:12.0.1.1.5.4.1.14 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery. | FWS | [83 FR 17311, Apr. 19, 2018, as amended at 89 FR 20353, Mar. 22, 2024] | (a) As specified in § 648.55(d), and pursuant to the biennial framework adjustment process specified in § 648.90, the scallop fishery shall be allocated a sub-ACL for the Georges Bank and Southern New England/Mid-Atlantic stocks of yellowtail flounder and the northern and southern stocks of windowpane flounder. The sub-ACLs for the yellowtail flounder stocks and the windowpane flounder stocks are specified in § 648.90(a)(4)(iii)(C) and (E) of the NE multispecies regulations, respectively. (b) Accountability Measure Areas —(1) Georges Bank Accountability Measure Area. The Georges Bank Accountability Measure Area is defined by straight lines, except where noted, connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request): 1 The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long. 2 From Point GBAM2 connected to Point GBAM3 along the U.S.-Canada Maritime Boundary. 3 The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W long. (2) Mid-Atlantic Accountability Measure Area. The Mid-Atlantic Accountability Measure Areas is defined as the area west of 71° W Long., outside of the Sea Scallop Access Areas. (c) Gear restriction. When subject to an accountability measure gear restricted area as described in paragraphs (d) through (g) of this section, a vessel must fish with scallop dredge gear that conforms to the following restrictions: (1) No more than 5 rows of rings shall be used in the apron of the dredge. The apron is on the top side of the dredge, extends the full width of the dredge, and is the rows of dredge rings that extend from the back edge of the twine top ( i.e., farthest from the dredge frame) to the clubstick; and (2) The maximum hanging ratio for a net, net material, or any other material on the top of a scallop dredge (twine top) possessed or used by vessels fishing with scallop dredge gear d… | ||||
| 50:50:12.0.1.1.5.4.1.15 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.65 [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.5.4.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.51 Gear and crew restrictions. | FWS | [69 FR 35215, June 23, 2004] | (a) Trawl vessel gear restrictions. Trawl vessels issued a limited access scallop permit under § 648.4(a)(2) while fishing under or subject to the DAS allocation program for scallops and authorized to fish with or possess on board trawl nets pursuant to § 648.51(f), any trawl vessels in possession of more than 40 lb (18.14 kg) of shucked, or 333 lb (151 kg) of in-shell scallops in or from the EEZ, and any trawl vessels fishing for scallops in the EEZ, must comply with the following: (1) Maximum sweep. The trawl sweep of nets shall not exceed 144 ft (43.9 m), as measured by the total length of the footrope that is directly attached to the webbing, unless the net is stowed and not available for immediate use, defined in § 648.2, or unless the vessel is fishing under the Northeast multispecies or monkfish DAS programs. (2) Net requirements —(i) Minimum mesh size. Subject to applicable minimum mesh size restrictions for other fisheries as specified under this part, the mesh size for any scallop trawl net in all areas shall not be smaller than 5.5 inches (13.97 cm). (ii) Measurement of mesh size. Mesh size is measured by using an electronic Omega gauge or a wedge-shaped gauge. The Omega gauge has a measuring range of at least 10-300 mm (0.4 inches-11.81 inches), and shall be inserted into the meshes under a pressure or pull of 125 N or 12.75 kg for mesh greater than or equal to 55 mm (2.17 inches) and under a pressure or pull of 50 N or 5.10 kg for mesh less than 55 mm (2.17 inches). The wedge shaped gauge, with a taper of 2 cm (0.79 inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches), shall be inserted into the meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh size is the average of the measurements of any series of 20 consecutive meshes for nets having 75 or more meshes, and 10 consecutive meshes for nets having fewer than 75 mes… | ||||
| 50:50:12.0.1.1.5.4.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.52 Possession and landing limits. | FWS | [73 FR 20122, Apr. 14, 2008, as amended at 74 FR 20555, May 4, 2009; 75 FR 36569, June 28, 2010; 76 FR 43763, July 21, 2011; 78 FR 27100, May 9, 2013; 81 FR 26375, May 4, 2016; 81 FR 76521, Nov. 3, 2016; 82 FR 15161, Mar. 27, 2017; 84 FR 11442, Apr. 1, 2019; 85 FR 17761, Mar. 31, 2020; 87 FR 1696, Jan. 12, 2022; 87 FR 18294, Mar. 30, 2022; 88 FR 19566, Apr. 3, 2023] | (a) IFQ trips —(1) Open area trips. A vessel issued an IFQ scallop permit that is declared into the IFQ scallop fishery in the open area, as specified in § 648.10(f), or on a properly declared NE multispecies, surfclam, or ocean quahog trip (or other fishery requiring a VMS declaration) and not fishing in a scallop access area, unless as specified in paragraph (g) of this section or exempted under the state waters exemption program described in § 648.54, may not possess or land, per trip, more than 600 lb (272 kg) of shucked scallops, or possess more than 4,998 lb (2,267 kg) of in-shell scallops shoreward of the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel may possess up to 6,664 lb (3,023 kg) of in-shell scallops seaward of the VMS Demarcation Line on a properly declared IFQ scallop trip, or on a properly declared NE multispecies, surfclam, or ocean quahog trip, or other fishery requiring a VMS declaration, and not fishing in a scallop access area. (2) Access area trips. A vessel issued an IFQ scallop permit that is declared into the IFQ Scallop Access Area Program, as specified in § 648.10(f), may not possess or land, per trip, more than 800 lb (363 kg) of shucked scallops, or possess more than 6,664 lb (3,023 kg) of in-shell scallops shoreward of the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel may possess up to 6,664 lb (3,023 kg) of in-shell scallops seaward of the VMS Demarcation Line on a properly declared IFQ scallop access area trip. (b) NGOM trips. A vessel issued a NGOM scallop permit, or an IFQ scallop permit that is declared into the NGOM scallop fishery and fishing against the NGOM Set-Aside as described in § 648.62, unless exempted under the state waters exemption program described under § 648.54, may not possess or land, per trip, more than 200 lb (90.7 kg) of shucked scallops, or possess more than 1,666 lb (756) of in-shell scallops shoreward of the VMS Demarcation Line. Such a ves… | ||||
| 50:50:12.0.1.1.5.4.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch limits (ACL), annual catch targets (ACT), annual projected landings (APL), DAS allocations, and individual fishing quotas (IFQ). | FWS | [73 FR 20123, Apr. 14, 2008] | (a) The following determinations and allocations for the sea scallop rotational areas are defined as follows and shall be established through the specifications or framework adjustment process: (1) OFL. OFL shall be based on an updated scallop resource and fishery assessment provided by either the Scallop PDT or a formal stock assessment. OFL shall include all sources of scallop mortality and shall include an upward adjustment to account for catch of scallops in state waters by vessels not issued Federal scallop permits. The fishing mortality rate ( i.e. F) associated with OFL shall be the threshold F, above which overfishing is occurring in the scallop fishery. The F associated with OFL shall be used to derive specifications for ABC, ACL, and ACT, as defined in paragraph (a) of this section. (2) The specification of ABC, ACL, and ACT shall be based upon the following overfishing definition: The F shall be set so that in access areas, averaged for all years combined over the period of time that the area is closed and open to scallop fishing as an access area, it does not exceed the established F threshold for the scallop fishery; in open areas it shall not exceed the F threshold for the scallop fishery; and for access and open areas combined, it is set at a level that has a 75-percent probability of remaining below the F associated with ABC, as defined in paragraph (a)(3) of this section, taking into account all sources of fishing mortality in the limited access and LAGC fleets of the scallop fishery. (3) Overall ABC/ACL and APL —(i) Overall ABC/ACL. The overall ABC for sea scallop fishery shall be the catch level that has an associated F that has a 75-percent probability of remaining below the F associated with OFL. The overall ACL shall be equal to the ABC for the scallop fishery, minus discards (an estimate of both incidental and discard mortality). The ABC/ACL, after the discards and deductions specified in paragraph (a)(4) of this section are removed, shall be divided as sub-ACLs between limited acc… | ||||
| 50:50:12.0.1.1.5.4.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.54 State waters exemption. | FWS | [69 FR 35215, June 23, 2004, as amended at 71 FR 33227, June 8, 2006; 73 FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74 FR 37593, July 30, 2009; 78 FR 27104, May 9, 2013; 80 FR 22131, Apr. 21, 2015; 80 FR 60569, Nov. 6, 2015; 81 FR 76524, Nov. 3, 2016; 82 FR 49299, Oct. 25, 2017] | (a) State eligibility for exemption. (1) A state may be eligible for a state waters exemption if it has a scallop fishery and a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. (2) The Regional Administrator shall determine which states have a scallop fishery and which of those states have a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. In such case, the Regional Administrator shall publish a rule in the Federal Register, in accordance with the Administrative Procedure Act, to provide the exemption for such states. (3) A state that has been issued a state waters exemption under paragraph (a)(4) of this section must immediately notify the Regional Administrator of any changes in its scallop conservation program. The Regional Administrator shall review these changes and, if a determination is made that the state's conservation program jeopardizes the biomass and fishing mortality/effort limit objectives of the FMP, or that the state no longer has a scallop fishery, the Regional Administrator shall publish a rule in the Federal Register, in accordance with the Administrative Procedure Act, to eliminate the exemption for that state. (4) The Regional Administrator has determined that the State of Maine and Commonwealth of Massachusetts both have a scallop fishery conservation program for its scallop fishery that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. A vessel fishing in State of Maine waters may fish under the State of Maine state waters exemption, subject to the exemptions specified in paragraphs (b) and (c) of this section, provided the vessel is in compliance with paragraphs (e) through (g) of this section. In addition, a vessel issued a Federal Northern Gulf of Maine or Limited Access General Category Individual Fishing Quota permit fishing in State of Maine or Commonwealth of Mass… | ||||
| 50:50:12.0.1.1.5.4.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.55 Specifications and framework adjustments to management measures. | FWS | [76 FR 43766, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 79 FR 34262, June 16, 2014; 80 FR 37194, June 30, 2015; 81 FR 76524, Nov. 3, 2016; 87 FR 1699, Jan. 12, 2022] | (a) Specifications. (1) The Scallop Plan Development Team (PDT) shall meet at least every 2 years to assess the status of the scallop resource and to develop and recommend the following specifications for a period of up to 2 years, as well as second or third-year default measures, for consideration by the New England Fishery Management Council's Atlantic Sea Scallop Oversight Committee and Advisory Panel: OFL, overall ABC/ACL, sub-ACLs, sub-ACTs, DAS open area allocations, possession limits, modifications to rotational area management ( e.g., schedule, rotational closures and openings, seasonal restrictions, modifications to boundaries, etc.), access area limited access poundage allocations and LAGC IFQ fleet-wide trip allocations, annual incidental catch target TAC, and NGOM TAL. (2) Based on the PDT recommendations and any public comments received, the Atlantic Sea Scallop Oversight Committee shall recommend appropriate specifications to the New England Fishery Management Council. (3) The Council shall review these recommendations and, after considering public comments, shall recommend appropriate specifications for up to 2 years, as well as second or third-year default measures, to NMFS. NMFS shall approve, disapprove, or partially approve the specifications recommended by the Council and publish the approved specifications in the Federal Register in accordance with the APA. (4) The PDT shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report at least every two years that provides the information and analysis needed to evaluate potential management adjustments. The preparation of the SAFE Report shall begin on or about June 1 of the year preceding the fishing year in which measures will be adjusted. (5) The PDT will meet at least once during the interim years to review the status of the stock relative to the overfishing definition if information is available to do so. If the Council determines, based on information provided by the PDT or other stock-related information, that the approved … | ||||
| 50:50:12.0.1.1.5.4.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.56 Scallop research. | FWS | [76 FR 43769, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 81 FR 76525, Nov. 3, 2016; 83 FR 12862, Mar. 26, 2018; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022; 90 FR 16652, Apr. 21, 2025] | (a) At least biennially, in association with the biennial framework process, the Council and NMFS shall prepare and issue an announcement of Federal Funding Opportunity (FFO) that identifies research priorities for projects to be conducted by vessels using research set-aside as specified in paragraph (d) of this section and § 648.59(e), provides requirements and instructions for applying for funding of a proposed RSA project, and specifies the date by which applications must be received. The FFO shall be published as soon as possible by NMFS and shall provide the opportunity for applicants to apply for projects to be awarded for 1 or 2 years by allowing applicants to apply for RSA funding for the first year, second year, or both. (b) Proposals submitted in response to the FFO must include the following information, as well as any other specific information required within the FFO: A project summary that includes the project goals and objectives, the relationship of the proposed research to scallop research priorities and/or management needs, project design, participants other than the applicant, funding needs, breakdown of costs, and the vessel(s) for which authorization is requested to conduct research activities. (c) NOAA shall make the final determination as to what proposals are approved and which vessels are authorized to take scallops in excess of possession limits, or take additional trips into Open, Access Areas, or the NGOM management area. NMFS shall provide authorization of such activities to specific vessels by letter of acknowledgement, letter of authorization, or Exempted Fishing Permit issued by the Regional Administrator, which must be kept on board the vessel. (d) Available RSA allocation shall be 1.275 million lb (578 mt) annually, which shall be deducted from the ABC/ACL specified in § 648.53(a) prior to setting ACLs for the limited access and LAGC fleets, as specified in § 648.53(a)(3) and (4), respectively. Approved RSA projects shall be allocated an amount of scallop allocation that can b… | ||||
| 50:50:12.0.1.1.5.4.1.8 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | §§ 648.57-648.58 [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.5.4.1.9 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | D | Subpart D—Management Measures for the Atlantic Sea Scallop Fishery | § 648.59 Sea Scallop Rotational Area Management Program and Access Area Program requirements. | FWS | [81 FR 76525, Nov. 3, 2016, as amended at 82 FR 15162, Mar. 27, 2017; 83 FR 15263, Apr. 9, 2018; 83 FR 17309, Apr. 19, 2018; 84 FR 11443, Apr. 1, 2019; 85 FR 7442, Feb. 7, 2020; 85 FR 17762, Mar. 31, 2020; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022; 87 FR 18285, Mar. 30, 2022; 88 FR 19567, Apr. 3, 2023; 89 FR 20350, Mar. 22, 2024; 90 FR 16652, Apr. 21, 2025] | (a) The Scallop Rotational Area Management Program consists of Scallop Rotational Areas, as defined in § 648.2. Guidelines for this area rotation program ( i.e., when to close an area and reopen it to scallop fishing) are provided in § 648.55(a)(6). Whether a rotational area is open or closed to scallop fishing in a given year, and the appropriate level of access by limited access and LAGC IFQ vessels, are specified through the specifications or framework adjustment processes defined in § 648.55. When a rotational area is open to the scallop fishery, it is called an Access Area and scallop vessels fishing in the area are subject to the Scallop Access Area Program Requirements specified in this section. Areas not defined as Scallop Rotational Areas specified in § 648.60, Habitat Management Areas specified in § 648.370, or areas closed to scallop fishing under other FMPs, are governed by other management measures and restrictions in this part and are referred to as Open Areas. (1) Prohibition on Entering or Transiting a Scallop Rotational Area. On a declared scallop trip, a vessel issued any Federal scallop permit may not enter, transit, fish for, possess, or land scallops in or from a Scallop Rotational Area unless it is participating in, and complies with, the Scallop Access Area Program Requirements defined in paragraphs (b) through (g) of this section, or if the vessel is transiting a Scallop Rotational Area defined as “available for continuous transit” pursuant to paragraph (a)(2) of this section. On a trip declared out of the federal scallop fishery, a vessel may fish for species other than scallops within the rotational closed areas, provided the vessel does not fish for, catch, possess, or retain scallops or intend to fish for, catch, possess, or retain scallops. (2) Transiting a Scallop Rotational Area available for Continuous Transit. A vessel on a declared scallop trip or possessing scallops may continuously transit, as defined in § 648.2, a Scallop Rotational Area, if that area has been determine… | ||||
| 50:50:12.0.1.1.5.5.1.1 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL). | FWS | [76 FR 60622, Sept. 29, 2011] | (a) The MAFMC staff shall recommend to the MAFMC ACLs for the surfclam and ocean quahog fisheries, which shall be equal to the ABCs recommended by the SSC. (1) Sectors. The surfclam and ocean quahog ACLs will be established consistent with the guidelines contained in the Atlantic Surfclam and Ocean Quahog FMP. The ACL for ocean quahog will then be allocated to the Maine and non-Maine components of the fishery according to the allocation guidelines of the Atlantic Surfclam and Ocean Quahog FMP as specified in § 648.78(b). (2) Periodicity. The surfclam and ocean quahog ACLs 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 MAFMC staff shall conduct a detailed review of the fishery performance relative to the ACLs at least every 5 years. (1) If the surfclam or the ocean quahog ACL is exceeded with a frequency greater than 25 percent ( i.e., more than once in 4 years or any 2 consecutive years), the MAFMC staff will review fishery performance information and make recommendations to the MAFMC for changes in measures intended to ensure the ACL is not exceeded as frequently. (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that a stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews. | ||||
| 50:50:12.0.1.1.5.5.1.10 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.79 Surfclam and ocean quahog framework adjustments to management measures. | FWS | [76 FR 60625, Sept. 29, 2011, as amended at 76 FR 81848, Dec. 29, 2011; 80 FR 37194, June 30, 2015; 81 FR 38974, June 15, 2016] | (a) Within season management action. The MAFMC may, at any time, initiate action to add or adjust management measures within the Atlantic Surfclam and Ocean Quahog FMP if it finds that action is necessary to meet or be consistent with the goals and objectives of the plan. (1) 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 the first meeting, and prior to and at the second MAFMC meeting. The MAFMC's recommendations 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; description and identification of EFH (and fishing gear management measures that impact EFH); habitat areas of particular concern; set-aside quota for scientific research; VMS; and suspension or adjustment of the surfclam minimum size limit. Issues 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, if management measures are recommended, an analysis of impacts, and a recommendation to the Regional Administrator on whether to issue the management measures as a final rule. If the MAFMC recommends that the management measures should be issued as a final rule, it must consider at least the following factors, and provide support and analysis for each factor considered: (i) Whether th… | ||||
| 50:50:12.0.1.1.5.5.1.2 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.71 Surfclam and ocean quahog Annual Catch Targets (ACT). | FWS | [76 FR 60622, Sept. 29, 2011] | (a) The MAFMC staff shall identify and review the relevant sources of management uncertainty to recommend ACTs to the MAFMC as part of the surfclam and ocean quahog specification process. The MAFMC staff recommendations shall identify the specific sources of management uncertainty that were considered, technical approaches to mitigating these sources of uncertainty, and any additional relevant information considered in the ACT recommendation process. (1) Sectors. The surfclam ACT and the sum of the Maine and non-Maine ocean quahog ACTs shall be less than or equal to the ACL for the corresponding stock. The MAFMC staff shall recommend any reduction in catch necessary to address management uncertainty, consistent with paragraph (a) of this section. (2) 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 MAFMC staff shall conduct a detailed review of fishery performance relative to ACTs in conjunction with any ACL performance review, as outlined in § 648.70(b)(1) through (3). | ||||
| 50:50:12.0.1.1.5.5.1.3 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.72 Surfclam and ocean quahog specifications. | FWS | [76 FR 60622, Sept. 29, 2011, as amended at 81 FR 38972, June 15, 2016; 87 FR 71529, Nov. 23, 2022] | (a) Establishing catch quotas. The amount of surfclams or ocean quahogs that may be caught annually by fishing vessels subject to these regulations will be specified by the Regional Administrator for a period up to the maximum number of years needed to align with the Northeast Region Coordinating Council-approved stock assessment schedule. Specifications of the annual quotas will be accomplished in the final year of the quota period, unless the quotas are modified in the interim pursuant to paragraph (b) of this section. (1) Quota reports. On an annual basis, MAFMC staff will produce and provide to the MAFMC an Atlantic surfclam and ocean quahog annual quota recommendation paper based on the ABC recommendation of the SSC, the latest available stock assessment report prepared by NMFS, data reported by harvesters and processors, and other relevant data, as well as the information contained in paragraphs (a)(1)(i) through (vi) of this section. Based on that report, and at least once prior to August 15 of the year in which a multi-year annual quota specification expires, the MAFMC, following an opportunity for public comment, will recommend to the Regional Administrator annual quotas and estimates of DAH and DAP for a period up to the maximum number of years needed to align with the Northeast Region Coordinating Council-approved stock assessment schedule. In selecting the annual quotas, the MAFMC shall consider the current stock assessments, catch reports, and other relevant information concerning: (i) Exploitable and spawning biomass relative to the quotas. (ii) Fishing mortality rates relative to the quotas. (iii) Magnitude of incoming recruitment. (iv) Projected effort and corresponding catches. (v) Geographical distribution of the catch relative to the geographical distribution of the resource. (vi) Status of areas previously closed to surfclam fishing that are to be opened during the year and areas likely to be closed to fishing during the year. (2) Public review. Based on the recommendation of the… | ||||
| 50:50:12.0.1.1.5.5.1.4 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.73 Surfclam and ocean quahog Accountability Measures. | FWS | [76 FR 60623, Sept. 29, 2011] | (a) Commercial ITQ fishery. (1) If the ACL for surfclam or ocean quahog is exceeded, and the overage can be attributed to one or more ITQ allocation holders, the full amount of the overage will be deducted from the appropriate ITQ allocation in the following fishing year. (2) Any amount of an ACL overage that cannot be otherwise attributed to an ITQ allocation holder will be deducted from the appropriate ACL in the following fishing year. (b) Maine mahogany quahog fishery. If the ocean quahog ACL is exceeded, and the Maine mahogany quahog fishery is responsible for the overage, than the Maine fishery ACT shall be reduced in the following year by an amount equal to the ACL overage. | ||||
| 50:50:12.0.1.1.5.5.1.5 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.74 Individual Transferable Quota (ITQ) Program. | FWS | [80 FR 42751, July 20, 2015, as amended at 81 FR 38973, June 15, 2016; 87 FR 71529, Nov. 22, 2022] | (a) Annual individual allocations. Each fishing year, the Regional Administrator shall determine the initial annual allocation of surfclams and ocean quahogs for the next fishing year for each ITQ permit holder holding ITQ quota share pursuant to the requirements of this section. For each species, the initial allocation for the next fishing year is calculated by multiplying the quota share percentage held by each ITQ permit holder as of the last day of the previous fishing year in which quota shareholders are permitted to permanently transfer quota share percentage pursuant to paragraph (b) of this section ( i.e., October 15 of every year), by the quota specified by the Regional Administrator pursuant to § 648.72. The total number of bushels of annual allocation shall be divided by 32 to determine the appropriate number of cage tags to be issued or acquired under § 648.77. Amounts of annual allocation of 0.5 cages or smaller created by this division shall be rounded downward to the nearest whole number, and amounts of annual allocation greater than 0.5 cages created by this division shall be rounded upward to the nearest whole number, so that annual allocations are specified in whole cages. (1) Surfclam and ocean quahog ITQ permits. Surfclam and ocean quahog ITQ allocations shall be issued in the form of annual ITQ permits. The ITQ permit shall specify the quota share percentage held by the ITQ permit holder and the annual allocation in cages and cage tags for each species. (i) Eligibility. In order to be eligible to hold a surfclam or ocean quahog ITQ permit, an individual must be eligible to own a documented vessel under the terms of 46 U.S.C. 12103(b). (ii) Application —(A) General. Applicants for a surfclam or ocean quahog ITQ permit under this section must submit a completed ITQ permit application and a completed ITQ ownership form on the appropriate forms obtained from NMFS. The ITQ permit application and ITQ ownership form must be filled out completely and signed by the applicant. The Regional… | ||||
| 50:50:12.0.1.1.5.5.1.6 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.75 Shucking at sea and minimum surfclam size. | FWS | [76 FR 60623, Sept. 29, 2011, as amended at 81 FR 38974, June 15, 2016] | (a) Shucking at sea —(1) Observers. (i) The Regional Administrator may allow the shucking of surfclams or ocean quahogs at sea if he/she determines that an observer carried aboard the vessel can measure accurately the total amount of surfclams and ocean quahogs harvested in the shell prior to shucking. (ii) Any vessel owner may apply in writing to the Regional Administrator to shuck surfclams or ocean quahogs at sea. The application shall specify: Name and address of the applicant; permit number of the vessel; method of calculating the amount of surfclams or ocean quahogs harvested in the shell; vessel dimensions and accommodations; and length of fishing trip. (iii) The Regional Administrator shall provide an observer to any vessel owner whose application is approved. The owner shall pay all reasonable expenses of carrying the observer on board the vessel. (iv) Any observer shall certify at the end of each trip the amount of surfclams or ocean quahogs harvested in the shell by the vessel. Such certification shall be made by the observer's signature on the daily fishing log required by § 648.7. (2) Conversion factor. (i) Based on the recommendation of the MAFMC, the Regional Administrator may allow shucking at sea of surfclams or ocean quahogs, with or without an observer, if he/she determines a conversion factor for shucked meats to calculate accurately the amount of surfclams or ocean quahogs harvested in the shell. (ii) The Regional Administrator shall publish notification in the Federal Register specifying a conversion factor, together with the data used in its calculation, for a 30-day comment period. After consideration of the public comments and any other relevant data, the Regional Administrator may publish final notification in the Federal Register specifying the conversion factor. (iii) If the Regional Administrator makes the determination specified in paragraph (a)(2)(i) of this section, he/she may authorize the vessel owner to shuck surfclams or ocean quahogs at sea. Such authorization s… | ||||
| 50:50:12.0.1.1.5.5.1.7 | 50 | Wildlife and Fisheries | VI | 648 | PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES | E | Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries | § 648.76 Closed areas. | FWS | [76 FR 60624, Sept. 29, 2011, as amended at 77 FR 75063, Dec. 19, 2012; 81 FR 38974, June 15, 2016] | (a) Areas closed because of environmental degradation. Certain areas are closed to all surfclam and ocean quahog fishing because of adverse environmental conditions. These areas will remain closed until the Regional Administrator determines that the adverse environmental conditions no longer exist. If additional areas are identified by the Regional Administrator as being contaminated by the introduction or presence of hazardous materials or pollutants, they may be closed by the Regional Administrator in accordance with paragraph (c) of this section. The areas closed are: (1) Boston Foul Ground. The waste disposal site known as the “Boston Foul Ground” and located at 42°25′36″ N. lat., 70°35′00″ W. long., with a radius of 1 nm (1.852 km) in every direction from that point. (2) New York Bight. The polluted area and waste disposal site known as the “New York Bight” and located at 40°25′04″ N. lat., 73°42′38″ W. long., and with a radius of 6 nm (9.66 km) in every direction from that point, extending further northwestward, westward and southwestward between a line from a point on the arc at 40°31′00″ N. lat., 73°43′38″ W. long., directly northward toward Atlantic Beach Light in New York to the limit of the state territorial waters of New York; and a line from the point on the arc at 40°19′48″ N. lat., 73°45′42″ W. long., to a point at the limit of the state territorial waters of New Jersey at 40°14′00″ N. lat., 73°55′42″ W. long. (3) 106 Dumpsite. The toxic industrial site known as the “106 Dumpsite” and located between 38°40′00″ and 39°00′00″ N. lat., and between 72°00′00″ and 72°30′00″ W. long. (4) Georges Bank. The paralytic shellfish poisoning (PSP) contaminated area, which is located on Georges Bank, and is located east of 69° W. long., and south of 42°20′ N. lat. is closed to the harvest of surfclams and ocean quahogs. A portion of the Georges Bank Closed Area is open to harvest surfclams and ocean quahogs provided the vessel complies with the requirements specified in paragraph (a)(4)(i) of this s… |
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